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HomeMy WebLinkAboutMunicipal Code Updates 1993 - 1995 y HUNTINGTON BEACH MUNICIPAL CODE UPDATES (Effective 12/0 5/9 S) F Please Remove from Code Please Add to Code Chapter 2.05 Chapter 2.05 Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 ��, �1 951205.doc 1 J. Y Huntington Beach Municipal Code 2.05.010--2.05.020(d)(3) CHAPTER 2.05 GIFTS TO PUBLIC OFFICIALS (3246-9/94,3303-12/95) Sections: 2.05.010 Purpose; Meaning of Terms; Interpretation; Citation 2.05.020 Definitions 2.05.030 Prohibitions 2.05.040 Violations and Enforcement 2.05.010 Purpose; meaning of terms; interpretation; citation. The City Council finds that the receipt of gifts by public officials from persons who do business with the City erodes public confidence in the impartiality of decisions made by tho,e officials. The purpose of this Ordinance is to prohibit the donation and receipt of specified gifts, thereby eliminating, to the extent possible, such loss of confidence. (3246-9/94) Unless otherwise expressly defined, the terms used in this Ordinance shall have the same meaning as defined in the California Political Reform Act (California Government Code §81000 et seq.) and regulations issued by the Fair Political Practices Commission pursuant to the authority of the Political Reform Act, as the Act and regulations shall be, from time to time, amended. (3246-9/94) This Chapter shall be known as, and may be cited as, the"Huntington Beach Gift Ban Ordinance." (3246-9/94) 2.05.020 Definitions. For the purposes of this Chapter: (a) "City" means the City of Huntington Beach. (3246-9/94) (b) "City Officer" means every person who is elected or appointed to an office in the city which is specified in § 87200 of the California Government Code. (3246-9/94) (c) "Designated employee" means every employee of the City who is designated in the City's Conflict of Interest Code to file a statement of economic interests and every member of a board, commission, or committee, under the jurisdiction of the City Council required to file such a statement. (3246-9/94) (d) "Doing business with the City" means: (3246-9/94) (1) seeking the award of a contract or grant from the City, or (3246-9/94) (2) having sought the award of a contract or grant from the City in the past 12 months, or (3246-9/94) (3) Being engaged as a lobbyist or lobbyist firm, as defined in this Section, from the time of such engagement until 12 months after the award of the contract, grant, license, permit, or other entitlement for use, which was the subject of the engagement, or (3246-9/94) 12/95 I 2:05.020(d)(4)--2.05.020(e) Huntington Beach Municipal Code (4) having an existing contractual relationship with the City, until 12 months`affter the contractual obligations of all parties have been completed, or •(3246-9/94) (5) seeking, actively supporting, or actively opposing the'issuance, by the City, of a license, permit, or other entitlement for use, or having done'any of these things within the past 12 months. (3246-9/94) (e) "Gift" shall have the meaning it is defined to have in the California Political Reform Act, and the regulations issued pursuant to that Act which reads as follows: (3246-9/94) "§ 82028. Gift (3246-9/94) (a) "Gift" means, except as provided in subdivision (b), any payment to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value.unless the rebate or discount is made in the regular course of business as to members of the public without regard to official status. Any person, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the consideration received is of equal or greater value. (3246-9/94) (b) The term"gift" does not include: (3246-9/94) (1) Informational material such as books, reports, pamphlets, calendars, or periodicals. No payment for travel or.reimbursement'for any expenses shall be deemed "informational material." (3246-9/94) (2) Gifts which are not used and which, within thirty (30) days after receipt, are returned to the donor or delivered to•a contribution for tax purposes. (3246-9/94) (3) Gifts from an individual's spouse; child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of any such person; provided that a gift from any such person shall be considered a gift if the donor is acting as,an agent or intermediary for any person not covered by this paragraph. (3246-9/94) _ (4) Campaign contribution required to be reported under Chapter 4 of this title. (3246-9/94) (5) Any devise or inheritance. (3246-9/94) (6) Personalized plaques and trophies with an individual value of less than two hundred fifty dollars ($250). (3246-9/94) The following items shall be deemed to be additional exceptions-to the definition-of "Gift": (3246-9/94) 12/95 Huntington Beach Municipal Code 2.05.020(e)(1)--2.05.020(g)(1) (1) Food, beverages, and free admission at any event sponsored by, or for the benefit of, a bona fide educational, academic, or charitable organization, and commemorative gifts from such organizations with a cumulative value of one - hundred dollars ($100.00) or less from any single source during any twelve (12) months period. (3246-9/94) . (2) Food, beverages, and free admission provided by a governmental agency at ceremonial functions commemorating the opening or naming of a public facility. (3246-9/94) (3) Any food or beverages with a cumulative value of fifty dollars ($50.00) from any single source within a twelve (12) month period. (3246-9/94) (4) Flowers, plants, balloons or similar tokens which are given to express condolences, congratulations, or sympathy for ill health, or to commemorate a special event or occasion, provided that gifts made or received under this exemption shall not exceed a value of fifty dollars ($56.00) from any single source in any calendar year. (3246-9/94) (5) A prize awarded on the basis of chance in a bona fide competition not related to the official status of the public official. (3246-9/94) (6) Gifts from any agency of a foreign sovereign nation, provided that such gifts are unconditionally donated by the public official to the City within forty-five (45) days of receipt, and the public official does not claim any tax deduction by virtue of such donation. (3246-9/94) (7) Food, beverages, lodging and transportation expenses provided by any governmental or quasi-governmental entity, or by any public entity, in conjunction with any event sponsored by that entity or agency, the purpose of which is to educate or provide information related to the functions, needs, purposes or operation of that entity or local government. (3303-12/95) (f) "Lobbyist" shall mean any individual, including an attorney, who is employed or contracts for consideration, other than reimbursement of reasonable travel expenses, to communicate directly with any City officer or staff member of a City Council member for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the City, or the issuance, by the City of a license, permit, or other entitlement for use. An attorney shall not be considered a lobbyist when performing activities which can only be performed by a person admitted to the practice of law. (3246-9/94) (g) "Lobbyist firm" shall mean (1) any business entity, which is employed or contracts for consideration, other than reimbursement of travel expenses, to communicate directly with a City officer or staff member of a City Council member for the purpose of seeking, actively supporting or C-71 actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license, permit, or other entitlement for use, or (3246-9/94) 12/95 2.05.020(g)(2)--2.05.040(d) Huntington Beach Municipal Code (2) any business entity of which any member or employee is a lobbyist. (3246-9/94) (h) "Principal" shall mean any individual or business entity which employs or contracts with a lobbyist or lobbyist firm for any of the purposes stated in Subsections (f) or (g) above. (3246-9/94) (i) An individual or business entity shall be deemed to be "lobbying" a City officer or staff member of a City Council member if it is reasonably foreseeable that in the course of employment or in the course of performing the contract the individual or an employee of the entity will have a telephone conversation or a discussion with any City officer or staff member of a City Council member, outside of a meeting governed by the Ralph M. Brown Act (which is codified in the California Government Code commencing with § 54950), for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license, permit, or other entitlement for use. (3246-9/94) (j) An individual lobbyist who is an officer, partner or employee of his or her principal shall be deemed to be "engaged" within the meaning of this Section on the first occasion on which he or she engages in a telephone conversation or discussion described in Subsection (i). A lobbyist firm, or an individual lobbyist who is not an officer, partner or employee of his or her principal shall be deemed to be"engaged" within the meeting of this Section upon the completion of an agreement, oral or written, to provide the services specified in Subsection (f) or (g). (3246-9/94) (k) "Public official" means every City officer and every designated employee. (3246-9/94) 2.05.030 Prohibitions. (3246-9/94) (a) Gifts to city officer. No person who is doing business with the City shall make any gift to any City officer. (b) Gifts to designated employees. No person who is doing business with the City shall make any gift to any designated employee, who, by virtue of his City employment, could make a governmental decision, participate in making a governmental decision, or use his or her official position to influence a governmental decision regarding the pending business of the donor, or who has done any of the above during the twelve (12) months preceding the donation. (3246-9/94) (c) Solicitation or acceptance of gifts by city officer. No City officer shall solicit or accept any gift from any person whom he knows, or has reason to know, is doing business with the City. (3246-9/94) (d) Solicitation or acceptance of gifts by esignated employee. No designated employee shall solicit or accept any gift from any person whom he knows, or has reason to know, is doing business with the City, when such employee by virtue of his City employment, could make a governmental decision, participate in making a governmental decision, or use his or her official position to influence a governmental decision regarding the pending business of the donor, or has done any of the above during the twelve (12) months preceding the donation. (3246-9/94) 12/95 Huntington Beach Municipal Code 2.05.030(e)--2.05.040(c) (e) Gifts from unknown sources. No public official shall accept any gift when the identity of the donor is not known to the public official. (3246-9/94) (f) Honoraria. No public official shall accept any honorarium from any person doing business with the City. (3246-9/94) 2.05.040 Violations and enforcement. (3246-9/94) (a) Any designated employee who violates Section 2.05.030 shall be subject to discipline for such violation, including, in appropriate cases, termination of employment. (3246-9/94) (b) Any member of any City board, commission, or committee who violates Section 2.05.030 shall be subject to removal from office. (3246-9/94) (c) Any city officer who violates Section 2.05.030 shall be guilty of a misdemeanor, and any person who violates Section 2.05.030(a) or Section 2.05.030(b) shall be guilty of a misdemeanor. (3246-9/94) 12/95 Huntington Beach Municipal Code 2.05.010--2.05.020(d)(3) CHAPTER 2.05 GIFTS TO PUBLIC OFFICIALS (3246-9/94) Sections: 2.05.010 Purpose; Meaning of Terms; Interpretation; Citation 2.05.020 Definitions 2.05.030 Prohibitions 2.05.040 Violations and Enforcement 2.05.010 Purpose; meaning of terms; interpretation; citation. The City Council finds that the receipt of gifts by public officials from persons who do Business with the City erodes public confidence in the impartiality of decisions made by those officials. The purpose of this Ordinance is to prohibit the donation and receipt of specified gifts, thereby eliminating, to the extent possible, such loss of confidence. (3246-9/94) Unless otherwise expressly defined, the terms used in this Ordinance shall have the same meaning as defined in the California Political Reform Act (California Government Code§81000 et seq.) and regulations issued by the Fair Political Practices Commission pursuant to the authority of the Political Reform Act, as the Act and regulations shall be, from time to time, amended. (3246-9/94) This Chapter shall be known as, and may be cited as, the"Huntington Beach Gift Ban Ordinance." (3246-9/94) 2.05.020 Definitions. For the purposes of this Chapter: (a) "City" means the City of Huntington Beach. (3246-9/94) (b) "City Officer" means every person who is elected or appointed to an office in the city which is specified in § 87200 of the California Government Code. (3246-9/94) (c) "Designated employee" means every employee of the City who is designated in the City's Conflict of Interest Code to file a statement of economic interests and every member of a board, commission, or committee, under the jurisdiction of the City Council required to file such a statement. (3246-9/94) (d) "Doing business with the City" means: (3246-9/94) (1) seeking the award of a contract or grant from the City, or (3246-9194) (2) having sought the award of a contract or grant from the City in the past 12 months, or (3246-9/94) (3) Being engaged as a lobbyist or lobbyist firm, as defined in this Section, from the time of such engagement until 12 months after the award of the contract, grant, license, permit, or other entitlement for use, which was the subject of the engagement, or (3246-9/94) \ 9194 2.05.020(d)(4)--2.05.020(e) Huntington Beach Municipal Code , (4) having an existing contractual relationship with the City, until 12 months after the contractual obligations of all parties have been completed, or (3246-9/94) r (5) seeking, actively supporting, or actively opposing the issuance, by the City, of a license, permit, or other entitlement for use, or having done any of these things within the past 12 months. (3246-9/94) (e) "Gift" shall have the meaning it is defined to have in the California Political Reform Act, and the regulations issued pursuant to that Act which reads as follows: (3246-9/94) "§ 82028. Gift (3246-9/94) (a) "Gift" means, except as provided in subdivision (b), any payment to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business as to members of the public without regard to official status. Any person, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the consideration received is of equal or greater value. (3246-9/94) (b) The term"gift" does not include: (3246-9/94) (1) Informational material such as books, reports, pamphlets, calendars, or periodicals. No payment for travel or reimbursement for any expenses shall be deemed "informational material." (3246-9/94) (2) Gifts which are not used and which, within thirty (30) days after receipt, are returned to the donor or delivered to a contribution for tax purposes. (3246-9/94) (3) Gifts from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of any such person; provided that a gift from any such person shall be considered a gift if the donor is acting as an agent or intermediary for any person not covered by this paragraph. (3246-9/94) (4) Campaign contribution required to be reported under Chapter 4 of this title.. (3246- 9/94) (5) Any devise or inheritance. (3246-9/94) (6) Personalized plaques and trophies with an individual value of less than two hundred fifty dollars ($250). (3246-9/94) The following items shall be deemed to be additional exceptions to the definition of "Gift": (3246-9/94) 9/94 Huntington Beach Municipal Code 2.05.020(e)(l)-2.05.020(h) (1) Food, beverages, and free admission at any event sponsored by, or for the benefit of, a bona fide educational, academic, or charitable organization, and commemorative gifts from such organizations with a cumulative value of one hundred dollars ($100.00) or less from any single source during any twelve (12) months period. (3246-9/94) (2) Food, beverages, and free admission provided by a governmental agency at ceremonial functions commemorating the opening or naming of a public facility. (3246-9/94) (3) Any food or beverages with a cumulative value of fifty dollars ($50.00) from any single source within a twelve (12) month period. (3246-9/94) (4) Flowers, plants, balloons or similar tokens which are given to express condolences, congratulations, or sympathy for ill health, or to commemorate a special event or occasion, provided that gifts made or received under this exemption shall not exceed a value of fifty dollars ($50.00) from any single source in any calendar year. (3246-9/94) (5) A prize awarded on the basis of chance in a bona fide competition not related to the official status of the public official. (3246-9/94) (6) Gifts from any agency of a foreign sovereign nation, provided that such gifts are unconditionally donated by the public official to the City within forty-five (45) days of receipt, and the public official does not claim any tax deduction by virtue of such donation. (3246-9/94) (f) "Lobbyist" shall mean any individual, including an attorney, who is employed or contracts for consideration, other than reimbursement of reasonable travel expenses, to communicate directly with any City officer or staff member of a City Council member for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the City, or the issuance, by the City of a license, permit, or other entitlement for use. An attorney shall not be considered a lobbyist when performing activities which can only be performed by a person admitted to the practice of law. (3246- 9/94) (g) "Lobbyist firm" shall mean (1) any business entity, which is employed or contracts for consideration, other than reimbursement of travel expenses, to communicate directly with a City officer or staff member of a City Council member for the purpose of seeking, actively supporting or actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license, permit, or other entitlement for use, or (3246-9/94) (2) any business entity of which any member or employee is a lobbyist. (3246-9/94) (h) "Principal" shall mean any individual or business entity which employs or contracts with a lobbyist or lobbyist firm for any of the purposes stated in Subsections (f) or(g) above. (3246-9/94) 9/94 2.05.020(i)--2.05.040(c) Huntington Beach Municipal Code (i) An individual or business entity shall be deemed to be"lobbying" a City officer or staff member of a City Council member if it is reasonably foreseeable that in the course of employment or in the course of performing the contract the individual or an employee of the entity will have a telephone conversation or a discussion with any City officer or staff member of a City Council member, outside of a meeting governed by the Ralph M. Brown Act (which is codified in the California Government Code commencing with § 54950), for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license, permit, or other entitlement for use. (3246-9/94) (j) An individual lobbyist who is an officer, partner or employee of his or her principal shall be deemed to be "engaged" within the meaning of this Section on the first occasion on which he or she engages in a telephone conversation or discussion described in Subsection (i). A lobbyist firm, or an individual lobbyist who is not an officer, partner or employee of his or her principal shall be deemed to be"engaged" within the meeting of this Section upon the completion of an agreement, oral or written, to provide the services specified in Subsection(f) or (g). (3246-9/94) (k) "Public official' means every City officer and every designated employee. (3246-9/94) 2.05.030 Prohibitions. (3246-9/94) -- (a) Gifts to ci , officer. No person who is doing business with the City shall make any gift to any City officer. (b) Gifts to designated employees. No person who is doing business with the City shall make any gift to any designated employee, who, by virtue of his City employment, could make a governmental decision, participate in making a governmental decision, or use his or her official position to influence a governmental decision regarding the pending business of the donor, or who has done any of the above during the twelve (12) months preceding the donation. (3246-9/94) (c) Solicitation or acceptance of gifts by city officer. No City officer shall solicit or accept any gift from any person whom he knows, or has reason to know, is doing business with the City. (3246-9/94) (d) Solicitation or acceptance of gifts by designated employee. No designated employee shall solicit or accept any gift from any person whom he knows, or has reason to know, is doing business with the City, when such employee by virtue of his City employment, could make a governmental decision, participate in making a governmental decision, or use his or her official position to influence a governmental decision regarding the pending business of the donor, or has done any of the above during the twelve (12) months preceding the donation. (3246-9/94) (e) Gifts from unknown sources. No public official shall accept any gift when the identity of the donor is not known to the public official. (3246-9/94) (f) Honoraria. No public official shall accept any honorarium from any person doing business with the City. (3246-9/94) 9/94 Huntington Beach Municipal Code 2.0&040-2.05.040(c) 2.05.040 Violations and enforcement. (3246-9/94) (a) Any designated employee who violates Section 2.05.030 shall be subject to discipline for such violation, including, in appropriate cases, termination of employment. (3246-9/94) (b) Any member of any City board, commission, or committee who violates Section 2.05.030 shall be subject to removal from office. (3246-9/94) (c) Any city officer who violates Section 2.05.030 shall be guilty of a misdemeanor, and any person who violates Section 2.05.030(a) or Section 2.05.030(b) shall be guilty of a misdemeanor. (3246-9/94) 9/94 HUNTINGTON BEACH MUNICIPAL CODE UPDATES (Effective 11/15/95) Please Remove from Code Please Add to Code Chapter 14.12 Chapter 14.12 Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 951115.doc Huntington Beach Municipal Code 14.12.010-14.12.020 Chapter 14.12 FEES, RATES AND DEPOSITS (674-12/57,723-6/59,738-12/59,751-4/60,792-10/60,892-4/62.1001-10/63,1100-12/64,1217-7/66,Urg 1343-A-8/67,1344-9/67, 1901-4/74,1996-8l75,2020-12/75,2022-1/76,2205-7/77,2218-11/77,2400-11/79,2535-3/82,2589-1/83,2709-6/84,2826-5/86, 2948-8/88,3119-7/91,3302-11/95) Sections: 14.12.010 Service fee 14.12.020 Installation and meter fees 14.12.030 Installation by applicant 14.12.040 Water rates--Designated 14.12.045 Water rates--Budget 14.12.050 Water rates--Construction purposes 14.12.060 Water rates--Other uses 14.12.070 Private fire service rates 14.12.080 (Repealed Urg Ord 2709-6/84) 14.12.090 Water service--Applications 14.12.100 Water service--Turn-on charges 14.12.110 Water rates--Turn on 14.12.120 Water billing 14.12.130 Vacating premises 14.12.140 Change of address 14.12.150 Renewing service 14.12.160 Adjustment of rates 14.12.170 Water fund 14.12.010 Service fee. For uses zoned commercial or industrial, the Water Department, as a condition to granting the application and furnishing water service to the premises, is authorized to charge and shall collect in advance the following sums for the purpose of reimbursing the City for the cost of the system and future replacements and extensions thereof. (3302-11/95) (a) The sum of sixty dollars ($60) for each usable unit on parcels containing less than ten thousand (10,000) square feet. A "usable unit" shall be each residential quarter in hotels and motels. (3302-11/95) (b) For any parcel containing ten thousand (10,000) square feet of area or more, three hundred dollars ($300) per acre or fraction thereof, or sixty dollars ($60) per usable unit, whichever is greater. (3302-11/95) A "usable unit" shall be any unit defined in subsection (a) above. The charge of three hundred dollars ($300) per acre shall apply to all commercial and manufacturing developments. (3302-11195) (c) Those areas served by a water main constructed and charged as determined by another ordinance or executed agreement may be exempt from the usable unit charge in subsection(a) if said other ordinance or agreement charge is greater than the charge per subsection (a). (3302-11/95) (d) All necessary service fees established by the City shall be deposited with the City prior to approval of the final subdivision map or issuance of a building permit if a subdivision map is not required. (674-12/57,723-6/59,1001-10/63,1100-12/64,2022-1/76,2535-3/82) For uses zoned other than commercial or industrial, the Water Department, as a condition to granting the application and furnishing water service to the premises, is authorized to charge 11/95 14.12.010(d)-14.12.045 Huntington Beach Municipal Code a and shall collect in advance the Capital Facilities Charge for the purpose of reimbursing the City for the cost of the system and future replacements and extensions thereof. The Capital Facilities Charge is based on the cost per equivalent dwelling unit (EDU) of existing facilities and the proposed expansion facilities which shall be set by a resolution of the City Council. All monies collected as the Capital Facilities Charge shall be used only for projects identified in the 1995 Water Master Plan to mitigate new water demands resulting from the development paying the Capital Facilities Charge. (3302-11/95) 14.12.020 Installation and meter fees. In addition to the fee set forth in Section 14.12.010(a), the Water Department shall charge and collect in advance the following amount for the installation of water connections and meters: a sum equal to the actual cost of labor and material in laying such service line, including the cost of the meters, the cost of replacing pavement, plus fifteen(15%) percent for overhead. The cost of such installation shall be estimated by the Water Department, and such estimated cost shall be paid by the applicant to the Water Department before the work of connecting the main with the property is commenced. Whenever the estimated cost is not sufficient to cover the total expense for labor, material, meters and overhead, the deficit shall be charged to the property for which such installation was made and paid by the owner thereof. Any excess payment shall be returned to the person applying for installation. (674-12/57,1996-8/75) 14.12.030 Installation by applicant. The Water Superintendent may in his discretion authorize an applicant to make the installation at applicant's own cost, and in conformity with the specifications set forth by the Water_Department. (674-12/57) 14.12.040 Water rates--Designated. The water rates to be charged monthly and collected monthly or bimonthly, as may be determined by the City, shall be set by a resolution of the City Council. A Capital Surcharge to be charged monthly as may be determined by the City shall be set by resolution of the City Council. All monies collected as the Capital Surcharge shall be used only for projects identified in the 1995 Water Master Plan. (3302-11/95) The water rates, plus a ten (10%) percent surcharge, shall be applicable to areas outside the boundaries of the City of Huntington Beach, wherever the City serves water, including Sunset Beach, an unincorporated area, and Surfside, located within the City of Seal Beach. (674-12/57, 751-4/60,892-4/62,1100-12/64,1217-7166.Urg 1343-A-8/67,1344-9167,1901-4/74,1996-8/75,2205-7/77,2218-11/77,Urg 2709-6/84,2826-5/86,2948-8/88,3119-7/91) 14.12.045 Water rates--Budget. It shall be the policy of the City that a balanced budget shall be maintained for the water fund. Pursuant to Section 602 of the Charter of the City of Huntington Beach, the City Administrator shall be required to submit said water fund budget in a balanced condition to the City Council, together with the other budget submittals. The water rate adjustment necessary to maintain a balanced budget shall be incorporated as part of the annual budget which shall modify the rates as set forth in Section 14.12.040 of the Huntington Beach Municipal Code upon adoption of the budget. For the purpose of this Section, "balanced budget" shall mean that total appropriations for operating expenses do not exceed total estimated revenues in the annual budget of the water fund. Operating expenses shall include appropriations for the depreciation cost of those capital improvements customarily provided for in the operating budget and in accordance with generally accepted accounting principles. Revenues shall exclude bond proceeds, if any, but include interest earnings and other nonoperating revenue in accordance with generally accepted accounting principles. (Urg 2709-6/84) 11/95 Huntington Beach Municipal Code 14.12.050-14.12.130 14.12.050 Water rates--Construction purposes. All construction water shall be taken from existing outlets designated by the Water Department or from special outlets installed at the expense of the consumer. If in the determination of the Water Department, the setting of a meter is impracticable or uneconomical for the supply of construction water, the charge for such unmetered water shall be set by a resolution of the City Council. (674-12/57,792-10/60,1996-8/75, 2535-3/82,Urg 2709-6/84,2948-8/88) 14.12.060 Water rates--Other uses. Water used for any purpose not hereinbefore enumerated, or for schools, hospitals and similar uses, shall be furnished and charged for either at meter rates or at a special rate to be fixed by the City Council under separate agreement with the consumer. (674-12/57) 14.12.070 Private fire service rates. The monthly rate for private fire service protection shall be set by a resolution of the City Council. (674-12/57,751-4/60,2948-8/88) 14.12.090 Water service--Applications. All applications for water must be made out on forms provided by the Water Department and must be signed by the applicant or his or her agent. All applicants must deposit with the Water Department a fee established by resolution of the City Council as a guarantee that all water bills, fines and penalties shall be paid by the applicant. The deposit shall be returned to the applicant at the time water service is discontinued provided that applicant has not left unpaid any water bill, fine or penalty. Such unpaid water bill, fine or penalty shall be deducted from the applicant's deposit and the balance thereof, if any, shall be refunded to the applicant at his or her last known address. (674-12/57,2020-12/75,2508-11/81) 14.12.100 Water service--Turn-on charges. No charge shall be made for the transfer due to change of ownership or occupancy. Where the owner or occupant requests temporary turnoff of water service, a charge of five dollars ($5) shall be made for restoring the water service to the premises. (697-12/57,1996-8/75) 14.12.110 Water rates--Turn on. Whenever the distribution line of the municipal water system shall be duly connected with the premises of any person, and the water turned on such premises, the charge for water shall be a charge against the person in possession of the premises who used the water, and the charges shall continue so long as the water is turned on to the premises, whether the same is actually used or not. (674-12/57) 14.12.120 Water billing. All water bills are due upon presentation and are payable at the Office of the Treasurer of the City of Huntington Beach, or his authorized agent. Bills are deemed presented if addressed to the water customer at the address shown on the records of the City Treasurer and deposited with the United States mail service, postage prepaid. Accounts which remain unpaid thirty (30) days thereafter are delinquent. A notice of final billing shall be mailed to each delinquent account specifying a date by which full payment is due. Said final billing shall include a late fee imposed to recover billing and mailing costs, set by resolution of the City Council. Water service for delinquent accounts shall be shut off until all outstanding bills, fees, utility taxes and penalties have been paid. When the supply of water has been shut off for nonpayment or a violation of any ordinance or of any rule or regulation, service shall not be resumed until a turn-on fee, as set by resolution of the City Council, has been paid. (674-12/57,1996-8n5,2400-11/79,2589-1/83) 14.12.130 Vacating premises. Whenever a consumer shall vacate any premises, he shall immediately give written notice thereof to the Water Department. Upon the receipt of such, 11/95 14.12.130--14.12.170 Huntington Beach Municipal Code notice, the department shall read the water meter, shut off the water from the premises and immediately present the consumer all unpaid bills for water furnished by the City to him up to that time. Thereupon the consumer shall pay said bills to the Water Department. In the event that the consumer shall have made a deposit with the department, as required in Section 14.12.090, the balance, if any, of such deposit shall be returned to the consumer after deducting therefrom the amount of said bills. Until such notice and payments shall have been made, the premises shall be deemed occupied by the consumer and his liability continued. (674-12/57) 14.12.140 Change of address. Failure to receive mail will not be recognized as a valid excuse for failure to pay water rates when due. Change in occupancy of property supplied with City water, and changes in mailing addresses of consumers of City water must be filed in writing at the Water Department on forms provided for that purpose. (674-12/57) 14.12.150 Renewing service. Each owner or occupant of any premises previously connected with the City water system desiring to renew the use of water shall make application for renewal of water service and upon payment of all unpaid charges, if any, together with any turn-on charge imposed by Section 14.12.100, the water will be turned on. (674-12/57) 14.12.160 Adiustment of rates. The Council shall have the sole power to grant rebates from the rates specified in this chapter to indigent persons, and in the event of any dispute as to the water rate to be paid by any consumer, it shall determine the same. (674-12/57) 14.12.170 Water fund. All moneys collected from fees and charges under Chapters 14.04 through 14.20 of the Huntington Beach Municipal Code shall be deposited in the treasury of the City in a water fund and annually there shall be disbursed from said water fund to the general fund, an amount equal to fifteen (15%) percent of the gross revenue received from the sale of water by the Water Department in lieu of franchise and property taxes. (738-12/59) 11/95 Huntington Beach Municipal Code 14.12.010--14.12.020 Chapter 14.12 FEES,RATES AND DEPOSITS (674-12/57, 723-6/59, 738-12/59,751-4/60,792-10/60,892-4/62, 1001-10/63, 1100-12/64, 1217-7/66, Urg 1343-A-8/67, 1344-9167, 1901-4/74, 1996-8175,2020-12/75,2022-1/76,2205-7/77,2218-11/77, 2400-11/79,2535-3/82,2589-1/83,2709-6/84,2826-5/86,2948-8/88,3119-7/91) Sections: 14.12.010 Service fee 14.12.020 Installation and meter fees 14.12.030 Installation by applicant 14.12.040 Water rates--Designated 14.12.045 Water rates--Budget 14.12.050 Water rates--Construction purposes 14.12.060 Water rates--Other uses 14.12.070 Private fire service rates 14.12.080 Repealed Urg Ord 2709-6/84 14.12.090 Water service--Applications 14.12.100 Water service--Turn-on charges 14.12.110 Water rates--Turn on 14.12.120 Water billing 14.12.130 Vacating premises 14.12.140 Change of address 14.12.150 Renewing service 14.12.160 Adjustment of rates 14.12.170 Water fund 14.12.010 Service fee. The Water Department, as a condition to granting the application and furnishing water service to the premises, is authorized to charge and shall collect in advance the following sums for the purpose of reimbursing the City for the cost of the system and future replacements and extensions thereof: (a) The sum of sixty dollars ($60) for each dwelling unit on parcels containing less than ten thousand (10,000) square feet. A "dwelling unit" shall be each residential quarter in hotels, apartments and motels, and each trailer space providing permanent facilities in trailer parks. (b) For any parcel containing ten thousand(10,000) square feet of area or more,three hundred dollars ($300)per acre or fraction thereof, or sixty dollars ($60)per dwelling unit, whichever is greater. A "dwelling unit" shall be any unit defined in subsection(a) above. The charge of three hundred dollars ($300)per acre shall apply to all commercial and manufacturing developments, and those portions of trailer parks which accommodate overnight parking. (c) Those areas served by a water main constructed and charged as determined by another ordinance or executed agreement may be exempt from the dwelling unit charge in subsection (a) if said other ordinance or agreement charge is greater than the charge per subsection(a). (d) All necessary service fees established by the City shall be deposited with the City prior to approval of the final subdivision map or issuance of a building permit if a subdivision map is not required. (674-12/57, 723-6/59, 1001-10/63, 1100-12/64,2022-1/76,2535-3/82) 14.12.020 Installation and meter fees. In addition to the fee set forth in Section 14.12.010(a), the Water Department shall charge and collect in advance the following amount for the 7191 14.12.020--14.12.070 Huntington Beach Municipal Code installation of water connections and meters: a sum equal to the actual cost of labor and material in laying such service line, including the cost of the meters, the cost of replacing pavement, plus fifteen(15%) percent for overhead. The cost of such installation shall be estimated by the Water Department, and such estimated cost shall be paid by the applicant to the Water Department before the work of connecting the main with the property is commenced. Whenever the estimated cost is not sufficient to cover the total expense for labor, material, meters and overhead, the deficit shall be charged to the property for which such installation was made and paid by the owner thereof. Any excess payment shall be returned to the person applying for installation. (674-12/57, 1996-8/75) 14.12.030 Installation by applicant. The Water Superintendent may in his discretion authorize an applicant to make the installation at applicant's own cost, and in conformity with the specifications set forth by the Water Department. (674-12/57) 14.12.040 Water rates--Designated. The water rates to be charged monthly and collected monthly or bimonthly, as may be determined by the City, shall be set by a resolution of the City Council. The water rates, plus a ten(10%)percent surcharge, shall be applicable to areas outside the boundaries of the City of Huntington Beach, wherever the City serves water, including Sunset Beach, an unincorporated area, and Surfside, located within the City of Seal Beach. (674-12/57, 751-4/60,892-4/62, 1100-12/64, 1217-7/66, Urg 1343-A-8/67, 1344-9/67, 1901-4/74, 1996-8/75,2205-7/77, 2218-11/77, Urg 2709-6/84,2826-5/86,2948-8/88, 3119-7/91) 14.12.045 Water rates--Budget. It shall be the policy of the City that a balanced budget shall be maintained for the water fund. Pursuant to Section 602 of the Charter of the City of Huntington Beach,the City Administrator shall be required to submit said water fund budget in a balanced condition to the City Council, together with the other budget submittals. The water rate adjustment necessary to maintain a balanced budget shall be incorporated as part of the annual budget which shall modify the rates as set forth in Section 14.12.040 of the Huntington Beach Municipal Code upon adoption of the budget. For the purpose of this Section, "balanced budget" shall mean that total appropriations for operating expenses do not exceed total estimated revenues in the annual budget of the water fund. Operating expenses shall include appropriations for the depreciation cost of those capital improvements customarily provided for in the operating budget and in accordance with generally accepted accounting principles. Revenues shall exclude bond proceeds, if any, but include interest earnings and other nonoperating revenue in accordance with generally accepted accounting principles. (Urg 2709-6/84) 14.12.050 Water rates--Construction purposes. All construction water shall be taken from existing outlets designated by the Water Department or from special outlets installed at the expense of the consumer. If in the determination of the Water Department,the setting of a meter is impracticable or uneconomical for the supply of construction water,the charge for such unmetered water shall be set by a resolution of the City Council.(674-12/57, 792-10/60, 1996-8/75, 2535-3/82, Urg 2709-6/84,2948-8/88) 14.12.060 Water rates--Other uses. Water used for any purpose not hereinbefore enumerated, or for schools, hospitals and similar uses, shall be furnished and charged for either at meter rates or at a special rate to be fixed by the City Council under separate agreement with the consumer. (674-12/57) 14.12.070 Private fire service rates. The monthly rate for private fire service protection shall be set by a resolution of the City Council. (674-12/57, 751-4/60,2948-8/88) 7/91 Huntington Beach Municipal Code 14.12.090--14.12.150 14.12.090 Water service--Applications. All applications for water must be made out on forms ,-� provided by the Water Department and must be signed by the applicant or his or her agent. All applicants must deposit with the Water Department a fee established by resolution of the City Council as a guarantee that all water bills, fines and penalties shall be paid by the applicant. The deposit shall be returned to the applicant at the time water service is discontinued provided that applicant has not left unpaid any water bill, fine or penalty. Such unpaid water bill, fine or penalty shall be deducted from the applicant's deposit and the balance thereof, if any, shall be refunded to the applicant at his or her last known address. (674-12/57,2020-12/75,2508-11/81) 14.12.100 Water service--Turn-on charges. No charge shall be made for the transfer due to change of ownership or occupancy. Where the owner or occupant requests temporary turnoff of water service, a charge of five dollars ($5) shall be made for restoring the water service to the premises. (697-12/57, 1996-8/75) 14.12.110 Water rates--Turn on. Whenever the distribution line of the municipal water system shall be duly connected with the premises of any person, and the water turned on such premises, the charge for water shall be a charge against the person in possession of the premises who used the water, and the charges shall continue so long as the water is turned on to the premises, whether the same is actually used or not. (674-12/57) 14.12.120 Water billing. All water bills are due upon presentation and are payable at the Office of the Treasurer of the City of Huntington Beach, or his authorized agent. Bills are deemed presented if addressed to the water customer at the address shown on the records-of the City Treasurer and deposited with the United States mail service,postage prepaid. Accounts which !� remain unpaid thirty (30) days thereafter are delinquent. A notice of final billing shall be mailed to each delinquent account specifying a date by which full payment is due. Said final billing shall include a late fee imposed to recover billing and mailing costs, set by resolution of the City Council. Water service for delinquent accounts shall be shut off until all outstanding bills, fees, utility taxes and penalties have been paid. When the supply of water has been shut off for nonpayment or a violation of any ordinance or of any rule or regulation, service shall not be resumed until a turn-on fee, as set by resolution of the City Council,has been paid. (674-12/57, 1996-8/75, 2400- 11/79, 2589-1/83) 14.12.130 Vacating premises. Whenever a consumer shall vacate any premises, he shall immediately give written notice thereof to the Water Department. Upon the receipt of such notice,the department shall read the water meter, shut off the water from the premises and immediately present the consumer all unpaid bills for water furnished by the City to him up to that time. Thereupon the consumer shall pay said bills to the Water Department. In the event that the consumer shall have made a deposit with the department,as required in Section 14.12.090,the balance, if any, of such deposit shall be returned to the consumer after deducting therefrom the amount of said bills. Until such notice and payments shall have been made, the premises shall be deemed occupied by the consumer and his liability continued. (674-12/57) 14.12.140 Change of address. Failure to receive mail will not be recognized as a valid excuse for failure to pay water rates when due. Change in occupancy of property supplied with City water, and changes in mailing addresses of consumers of City water must be filed in writing at the Water Department on forms provided for that purpose. (674-12/57) 14.12.150 Renewing service. Each owner or occupant of any premises previously connected with the City water system desiring to renew the use of water shall make application for renewal of water service and upon payment of all unpaid charges, if any,together with any turn-on charge imposed by Section 14.12.100,the water will be turned on. (674-12/57) 7/91 14.12.160--14.12.170 Huntington Beach Municipal Code 14.12.160 Adjustment of rates. The Council shall have the sole power to grant rebates from the rates specified in this chapter to indigent persons, and in the event of any dispute as to the water rate to be paid by any consumer, it shall determine the same. (674-12/57) 14.12.170 Water fund. All moneys collected from fees and charges under Chapters 14.04 through 14.20 of the Huntington Beach Municipal Code shall be deposited in the treasury of the City in a water fund and annually there shall be disbursed from said water fund to the general fund, an amount equal to fifteen(15%)percent of the gross revenue received from the sale of water by the Water Department in lieu of franchise and property taxes. (738-12/59) 7/91 HUNTINGTON BEACH ZONING ORDINANCE DISTRICT ZONING MAPS f UPDATES i (Effective Immediately) Please Remove from Code Please Add to Code DM 3Z DM 3Z Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 h:hboc\coverlett\951016.doc �r PLANNING ZONING DM 3Z SECTIONAL DISTRICT MAP 3-6—II s ADOPTED MARCH 7,1960 ND DMENS10NS ARE IN FEET CITY OF ]DNE .DJGINING ArvY RIGHT GF .Y CITY COUNCIL ORDINANCE NO 754 IS TENDERD 10 E+'E- TO T E DENIER OF SUCH GHi OF ZONE ZONE LEGEND AMENDED CASE ORDNO AMENDED CASE CID Fro 1� INDUSTRIAL DISTRICT 2-6-]9 70-4 2343 -Z MEDIUM DENSITY RESIDENTIAL DISTRICT 5-7-62 234 899 -]-80 RESNO 4828 1 R31 ME DIUM_HIGH DENSITY RESIDENTIAL DISTRICT HVNTINGTON BEACH 6_0 62 266-19 938 az 81-14 2536 O LDW OENSITV RESIOENTAL DISTRICT -6-03 B3-B 264. HIGH OENSI TV RESIDENTIAL DISTRICT 2-21-66 545 1186 ]-2-84 Bo-7 2706 R4 OFFICE-PROFLa510NAL 620-66 66-19 1216 1-17-83FLOOD Z0NE2606 CI NEIGHBORHOOD COMMERCIAL g01g-87 B7-1 2906 ® RECREATIONAL OPEN SPACE DISTRICT 12-5-66 66-49 1271 -.7 ee-9 2959 6-17-68 68-13 1419 7-6-92 90-9 3155 m DESIGNATES PRECISE PLAN OF STREET ALIGNMENT} 0-2092 90-10 3120 Q SHORELINE DISTRICT 2-17-68 68-31 1472 7-66-92 9O-1l 3156 1 6-24-70 69-34 582 7--2 90-12 3157 ® COMBINED WITH OIL PRODUCTION N AREA o R A iN G L COUNTY, C A I.I F 0 R N I A 7 -92 90-13 3158 BOUry DED BY PALM AVE ON NE,GOLDErvWEST 10-19-70 70-10 1606 5-I8-92 90-14 3142 ST ON NW,OC BAN AVE.ON SW,B SEVENTH ST ON SE. 5-3-71 71-1 1643 7-6-92 90-IS 31 ES CC COASTAL CONSERVATION DISTRICT 1-3-72 71-37 1706 B-}-92 91-161A1 3166 � COASTAL ZONE SUFFIX 5-I5-72 72-13 1746 B 3-92 sz-11 BI 3167 = HE>1DENTIAL AGRICULTURAL o15rRICT 8-3-92 s2-1 ICI 3168 -02 COMBINED WITH OIL PRODUCTION 7-7-72 72-16(G)1761 8-2-94 94-1 3245 -Co CIV�'DISTRICT 1-15-73 72-35 1813 -0- COMBINING OIL 7-2-73 72-39 1055 Ol- COMBINEDN Go1LPRODUCr1oN \t/ 10-15-73 73-20 1876 FP2 FLOODPLAIN 015TRICT 9-I6-74 73-31 1943 %/. WITHIN FLOOD ZONE-FP2 -cZ G4RFIELD 2-19_76 PPSA79-52024 AVENUE l � } y• 1L - j -cZ I w EcZ> E HOLLY-SEACLIFF SPECIFIC PLAN KSJ,I,E o,=g oNn3R9 cz _ °°°°R °S_0 w �2 �P.O "9''w \ HTeie 56s o .r 4a a917 w A ISANTA ROSA CR syN] o O q "\ O�Pi�n v �sz rtlw� o Fq`\"`(\ , i'',.� e w 54 oR 41 RI-O(11As,/)RF/01:N rarJ Jr'E '°is. / L o0 s4 P, C x I_w Nla oo szE �_ - _ y w LAWN RI _ PE .5 r2�2'>✓_— r°g�.°°ct• yi �•�': iY� i� R4-01 N R40 NRIJA _ RI ,N�si pO.O" �Jffi' y,.,, ry ix sa ox E m DR ROS-O HAR KEY RI / „O - RI ?I R I of C?P,R60G+- P°b" `r•e•4p`R% •°J q�Y� - m u IT z9 JJ E R 5 z2 a717 w RI- o CHURCH CR q 1 T j D RY GR R OS-0 v� a LR of = N/3J2 RI - \\ sU4s51E CH /RI J= GARDEN CR m F- �xPa 4JE�/ Q w o n !n e o0a55pG^ B 5w vsa9.6 44iD'E N n(� s5.dS22w 5 5 D RI2-'iy w G GAR 3 ''y SanJ4ew ez�a" ne es sl w ezDE RS'o<r� JGSDR _ RI-01 Z 1 1 62` ,sA z s:7 s15e E - lo2q`` OyND�S= ROS-0 NG5 D2=2 w o E RI o `�' O,c2'�a oaQ,.�e'4 s! IaIJs R4-0e ,I `r _v? — s sEACLIPFy a< 6 6° I �� RI �RIl NCI l�l SPECIFIC p" U I N I PLAN 5 R4-0 O9i90' I U �w 9 5G E a5 56 i o R4-0 HOLLY-SEACLI FF — .E RI F la 11 o1R2-PD-0-CZ +�RI 1 I a a SPECIFIC PLAN o, .,lfyJ H I.D1 zz E 1 a -== E D ROS-0 ow o N' R2-PD-0-CZ 0 7 %a,o,`� 9D55E 4�iA?� "i-'7r91` w l Ix •as5o w /,TI'S1a54:_lW .v�Nz o7zow c5 e7 9s5s�Gs5<w v7 s, 4q 1Dt !Joa." waw<sIb ti RI RI of cz s RI /�s,6•:= w°5GD ` -0 1 R ��•D65Gw,2GG ti,' Y c.� I WPALM iys of'-�9 rvJl•57'15'w i5 op 5 NNO �e �4 •Gpq Sa ROS-O-CZ \p91 RI o"''°•GD G'w G ° �T po RI 0 w4 \` c PI; RIRI-0 oo acto �MORNING R' a �� 9 pt tL / RI O C I-O `�'` �'°Q/ II I� ,gyp RI-0 s"sus,°s• Ak o 4'0, 4ti M2-01-CZ0 RI-0 o 0,F �� W\ TOWNL ARE. SPECIFIC PLary' 4REA ONE ;secr:ory 3 e / o/s �J` DM 4L lw ix SECTIONAL DISTRICT MAP 4-6-11 & 5-6-11 ;ALE E E T o CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP jOSN pNE H U N T I N G T 0 N B E A C H -E-E C" 0 s oc" ti 4 3 lo PLANNING ZONING DM 3Z SECTIONAL DISTRICT MAP 3-6-II J ADOPTED MARCH 7,1960 NOTE F WAY DIMENSIONS ARE IN FEET CITY ®y TONE OJOINING ANY RIGHT OF Sx ENDERDI TO EXTEND TO THE CENTER CITY COUNCIL ORDINANCE N0. 754 of INTEND GH GNT OF ZONE zoNE LEGEND( AMENDED CASE ORDN0. AMENDED CASE ORD NO ® INDUSTRIAL DISTRICT 2-5-79 7B-4 2343 MEDIUM DENSRY RESIDENTIAL DISTFICT 5-7-62 234 BB9 I'7-BD RES NO 4828 MEDIUM'HIGH DENSITY RE51OENTIAL DISTRICT 12-3-62 281,262 938 -18-82 81-14 2536 1 LOW DENSITY RESIDENTIAL DISTRICT �IUNTINGT®N BEACH I 9-6-83 8. 2fi59 R4 HIGH DENSITY RESIDENTIAL DISTRICT 2-21-66 545 1186 7-2-84 84-7 2706 ® OFFICE-PROFESSIONAL 6-20'66 66.19 1216 1-R-B3FLOODZONE 26O6 NEIGHBORHOOD COMMERCIAL 10-5-87 87-1 2906 ® RECREATIONAL OPEN SPACE DISTRICT 12-5-66 66'49 1271 ]_6-92 90-9 3955 ® DESIGNATES PRECISE PLAN OF STREET ALIGNMENT 6-17-6B 6B'13 1419 4-2O,B 90-10 3128 0 SHORELINE DISTRICT 2-17-69 68-31 1472 7-6-W 90-1I 315fi O R A N G E COUNTY, CALIFORNIA 6-24-0 69-34 I$82 6-92 90-13 3158 ® COMBINED WITH OIL AVEONTIONNE, N AREA 7-6-92 90-t3 315E BOUNDED BY PALM VE.ON NE,IN ARE WEST 10-19-70 70-10 1606 S-IB-92 90-14 3142 ST ON NW,OCEAN AVE.ON SW,B SEVENTH ST ON SE 5-3-71 71- 1643 T-6-92 90-15 3159 CC COASTAL CONSERVATION DISTRICT 7-6-92 90-I6 3160 COASTAL ZONE SUFFIX I-3-72 71-37 1706 B-3-92 92-IIAI 3166 MIn NESIDENTIAI AGRICULTURAL DISTRICT 5-15'72 72-13 1746 a-3-92 9z-I(81 3167 B-3-92 92-I(C) 31. -02 COMBINED WITH OIL PRODUCTION 7-7-72 72-16(G) 1761 8-2-94 90-1 1— -CD CIVIC DISTRICT -15-73 72-35 1813 -0- COMBININGOIL 7-2-73 72-39 1055 -01- COMBINED WITH OIL PRODUCTION 10-15-75 73-20 1676 FP FLOODPLAIN DISTRICT 34 35 9-16-74 73-31 1943 WITHIN ROOD ZONE-FP2 z -cZ GARFIE�p 2-19-76 PPSA79-52024 AVENUE aao 1 cZ w aOf cZ1a / HOLLY—SEACLIFF SPECIFIC PLAN W N s as 3,14 es R �a h�oOF °q"W 4 cZ aj�A° ROS-0 ,24 W G Nt •i Wsrof 4> so sac uzz ax35E zzzE 0 A,— E;, / s4 / ....... 4 401,WIS 42 0. xx 2a 9 SANTA ROSA CR sa 44 DAav' �G,i °r vat ss.,.r,wb�34'"s s as sO a`�O'T!N g 2100 RI-013IayR'lo'OLa 1p P' liF d q/N s:� °W - S43 401° J a r `•4° Y W N1aroDe2E w 14 RI .9a R4-01 wR4-0 RI '" FN RI T°�R3 0. 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O- h DM 4L SECTIONAL DISTRICT MAP 4-6-11 & 5-6-11 -T Km CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP NEE (J I T I N II T 0 N B E A C H LEIEAGIE CB "um lo 00%, 4 3 lo Office of the City Clerk Code Subscribers In-House Distribution List Department Type # Subscriber Administration FC 1 Barnard, Rich Administration FC 1 Dapkus, Pat Administration FC 1 Fogarty, Patti Administration FC 1 Pitteroff, Linda (For Mike Adams) Administration -- Council Office FC 1 Councilmember Bauer City Attorney's Office FC 13 Officetlntern For Deputy City Attorney's City Attorney Chamber Book FC 1 Office Intern For Book In Council Chambers City Clerk's Office FC 5 Drawer, Counter, Tony, Evelyn, Laura �-Community Development-- Building FC 1 Cranmer, Ross j ;ommunity Development-- Building FC 1 Martinez, Sergio Community Development-- Planning FC 1 Duarte, Tony Community Development-- Planning FC 1 Fauland, Herb Community Development-- Planning FC 1 Flanagan, Peggy "ommunity Development-- Planning FC 1 Fuentes, Mike Community Development-- Planning FC 1 Hess, Scott Community Development-- Planning FC 2 James, Brian Community Development-- Planning FC 1 Johnson, Catherine Community Development-- Planning FC 1 Johnston, John r",ommunity Development-- Planning FC 8 Langel, Kim -- Planning Commissioners Community Development-- Planning FC 1 Madera, Jane Community Development-- Planning FC 1 Mike Strange Community Development-- Planning FC 1 Niles, Linda Community Development-- Planning FC 1 Ormsby, Mary Beth Community Development-- Planning FC 1 Osugi, Julie Community Development-- Planning FC 1 Pierce, Susan Community Development-- Planning FC 1 Richards, Jan -- For Director Community Development-- Planning FC 1 Samardich, Arnie Community Development-- Planning FC 1 Villasenor, Martha �;ommunity Services FC 1 Salas, Cheryl -- For Director Economic Development FC 1 David Biggs Finance FC 1 Villella, Dan Office of the City Clerk Code Subscribers In-House Distribution List Department Type # Subscriber Fire FC 1 Fire Chief Fire FC 1 Oil Field Division Housing FC 1 Breuning, Dan Housing FC 1 Brown, Greg Library FC 1 Reference Desk Orange County Health Dept FC 1 Klapp, Nicholas -- 2nd Floor City Hall Police FC 1 Chief Lowenberg Public Works -- City Hall FC 1 Brizuela, Armando Public Works -- City Hall FC 1 Crosby, Bruce Niblic Works -- City Hall FC 1 Eichblatt, Robert Public Works -- City Hall FC 1 Hibbard, Jim Public Works -- City Hall FC 1 Jones, Les-- Public Works Director Public Works -- City Hall FC 1 Traffic Division Public Works-- City Hall FC 1 Webb, Dave iblic Works -- Parks FC 1 Smith, Daryl Public Works -- Water Operations FC 1 DeBow, Debbie Public Works -- Water Operations FC 1 Fike, David Public Works -- Water Operations FC 1 Renna, Jeff Public Works -- Yard FC 1 Herman, Bev urchasing FC 1 Amadril, Rick Real Estate Services FC 1 Treasurer FC 1 Watson, Don 77 City Clerk' s Office ------------(FC) --( 6 ) ------------ Chamber Book, Counter book, Drawer Tony' s Book, Evelyn' s Book Laura' s Book HUNTINGTON BEACH MUNICIPAL CODE UPDATES (Effective 9/20/95) Please Remove from Code Please Add to Code Chapter 2.106 Chapter 2.106 Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 950920a.doc Huntington Beach Municipal Code 2.106.010-2.106.060 Chapter 2.106 FOURTH OF DULY EXECUTIVE BOARD (2385-7/79,2654-11/83,2754-4/85,2812-2/86,2892-3187,2923-12/87,3298-9/95) Sections: 2.106.010 Established 2.106.020 Composition 2.106.030 Operating Policies 2.106.040 Staff Cooperation 2.106.050 Meetings 2.106.060 Funding 2.106.070 Officers 2.106.080 Duties of Officers 2.106.090 Duties of Executive Board Members 2.106.100 Duties of Committee Chairpersons 2.106.110 Attendance 2.106.120 Quorum 2.106.010 Established. There is hereby established a Fourth of July Executive Board which shall oversee and coordinate committees that will formulate, plan, raise funds for and implement the annual Fourth of July parade, banners, floats, fireworks, run/expo, celebrities, volunteers, military involvement, casino night, merchandising, and VIP party. (2385-7n9,2654-11/83,3298-9/95) 2.106.020 Composition. The Board shall consist of seven members, one member appointed by each Council member. The members shall serve four(4)year terms staggered so that no more than two (2)terms would expire in any year. Terms shall commence October 1 and expire September 30, and there shall be a two (2)term limit. All members of the Board shall be residents and electors of the City of Huntington Beach. In the event a member resigns or is unable to complete his or her term, an appointment shall be made to fill the remainder of such member's unexpired term. The Board will establish committees with committee chairs as necessary to implement the Fourth of July activities. (2385-7n9,265411/83,2754-4/85,2812-2/86,2892-3/87,2923-12187, 3298-9/95) 2.106.030 Operating Policies. Except as otherwise stated herein, the Board shall conform with operating policies established in Chapter 2.100 of this code. 2.106.040 Staff Cooperation. The Board will coordinate with Community Services Department staff whose responsibility it will be to prepare and post agenda, take and distribute minutes, develop and process the budget, process contracts/material requisitions, obtain permits, and coordinate activity among city departments. The Community Services Department shall provide a staff liaison to the Board. (3298-9195) 2.106.050 Meetings. The Board shall meet monthly on the first Tuesday and as needed in the City Council Chambers or a posted location subject to the Brown Act. (3298-9/95) 2.106.060 Funding. All funds generated by the Board will be deposited with the City. All expenses will be paid by the City for the Fourth of July subject to City purchasing and contracting policies and procedures. (3298-9/95) 9/95 .. i 2.106.070--2.106.090(c) Huntington Beach Municipal Code 2.106.070 Officers. The Officers of the Board shall be a chair and vice chair. They shall be elected by majority vote of the Board and shall hold office for a period of one year or until their `. successors are elected. In the event of a vacancy, a member of the Board shall be elected to fill the unexpired portion of the Officer's term. An election of officers shall be held in September of each year and the elected officers shall assume office at that meeting. No person shall occupy the same office for more than two (2) consecutive one (1)year terms.(3298-9/95) 2.106.080 Duties of officers. (3298-9/95) Chair. The Chair shall: (3298-9/95) (a) Serve as the chief elected officer of the Fourth of July Executive Board and shall preside at all meetings of the Board. (3298-9/95) (b) With the advice of the Board, select all committee chairpersons. (3298-9/95) (c) With the advice of the Board, assign responsibilities subject to approval of the Executive Board. (3298-9/95) (d) With the advice of the specific Committee Chairperson, review all contracts involving the Fourth of July celebration, and advise the City Liaison of their acceptability. In the case of unacceptability, the City Liaison shall be notified of specific areas of unacceptability. (3298-9/95) (e) With the concurrence of the City Liaison, select acceptable vendors as required. (3298-9/95) (f) Be the Official Spokesperson for the Board and ride in the annual parade as the Board's Representative. (3298-9/95) Vice Chair. The Vice Chair shall: (3298-9/95) (a) Serve as an elected officer of the Fourth of July Executive Board. (3298-9/95) (b) In the absence or disability of the Chair, to perform all the duties of the Chair and, when so acting, shall have all the powers of and be subject to all the restrictions upon the Chair. The Vice Chair shall have other powers and perform such other duties as may be prescribed from time to time by the Board. (3298-9/95) 2.106.090 Duties of Executive Board Members. (3298-9/95) Members shall: (3298-9/95) (a) Attend all meetings unless excused by the Chair. (3298-9/95) (b) Execute all duties as assigned. (3298-9/95) (c) Recommend to Council the removal of any member who has not complied with this Chapter of the Municipal Code. (3298-9/95) 9/95 Huntington Beach Municipal Code 2.106.100-2.106.120 2.106.100 Duties of Committee Chairpersons. (3298-9/95) Chairpersons shall: (a) Serve as leader of committee. (3298-9/95) (b) Hold meetings as needed. (3298-9/95) (c) With approval of committee members, present recommendations to the Executive Board for action. (3298-9/95) (d) Present written year end report to the Executive Board at August Meeting. (3298-9/95) 2.106.110 Attendance. Regular attendance at meetings is required to enable the Board to discharge its duties. Any member absent from three (3) consecutive meetings without securing the consent of the Chair, or the designee of the Chair, shall be deemed to have resigned from the Board. Upon majority vote of the Board, the chair shall notify the City Council of such resignation and request the Council to appoint a new member to fill the unexpired term of the member resigning. (3298-9/95) All resource members are encouraged to attend regular meetings so their knowledge and expertise may be utilized to the fullest and they can keep abreast of the Board's plans and activities. (3298-9/95) 2.106.120 Quorum. At any meeting of the Fourth of July Executive Board, a simple majority shall constitute a quorum for the transaction of business. (3298-9/95) In the event there is no quorum at a meeting, the chair shall adjourn said meeting or shall adjourn to a date certain. (3298-9/95) 9/95 Huntington Beach Municipal Code 2.106.010--2.106.030 Chapter 2.106 FOURTH OF DULY EXECUTIVE BOARD (2385-7/79,2654-11/83,2754-4/85,2812-2/86,2892-3/87,2923-12/87) Sections: 2.106.010 Established 2.106.020 Composition 2.106.030 Operating Polocies 2.106.010 Established. There is hereby established a Fourth of July Executive Board which shall oversee, coordinate, raise funds for and conduct the annual Fourth of July parade and celebration. (2385-7/79,2654-11/83) ` 2.106.020 Composition. The board shall consist of fifteen members, appointed by the city council, for terms of four(4) years, staggered so that no more than five terms would expire in any year. Terms shall commence on January 1 and expire on December 31, and there shall be no limit on the number of terms. All members of the board shall be residents of the city of Huntington Beach, or employees or owners of businesses that operate within the city of Huntington Beach. In the event a member resigns or is unable to complete his or her term, an appointment shall be made to fill the remainder of such member's unexpired term. (2385-7/79, 2654-11/83,2754-4/85, 2812-2/86,2892-3/87,-2923-12/87) 2.106.030 Operating Policies. Except as otherwise stated herein,the board shall conform with operating policies established in Chapter 2.100 of this code. 12/87 City Clerk' s Office ------------(FC) --( 6 ) ------------ Chamber Book, Counter book, Drawer HUNTINGTOP LaurassBBook Evelyn' s Book MUNICIPAL CODE UPDA TES �j (Effective 9/20/95) Please Remove from Code Please Add to Code Chapter 5.24 Chapter 5.24 Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 950920.doc Huntington Beach Municipal Code 5.24.010--5.24.010(b) Chapter 5.24 MASSAGE ESTABLISHMENTS (1213-6/66, 1293-3/67, 2007-10/75, 2187-6/77, Urg. 2361-3/79, Urg. 2394-8/79, 3173-10/92, 3267-9/95) Sections: 5.24.010 Definitions 5.24.020 Massage establishment and massage technician--Permit required 5.24.030 Massage establishment--Application for permit--Fees 5.24.040 Massage establishment--Application--Contents 5.24.050 Massage establishment--Applicant to appear 5.24.060 Massage establishment--Application--Investigation 5.24.070 Massage establishment and massage technician--Permit--Refusal--Appeal 5.24.080 Repealed -- Ord 3267-9/95 5.24.090 Massage technician--Additional application and fee 5.24.100 Massage technician permit--Application 5.24.110 Massage technician application--Contents 5.24.120 Repealed -- Ord 2466-2/81 5.24.130 Massage technician--Permit--Issuance 5.24.140 Repealed -- Ord 3267-9/95 5.24.150 Exemptions 5.24.160 Massage establishment--Facilities 5.24.170 Massage establishment operation 5.24.180 Existing massage technician permits--Validity 5.24.190 Permit renewal 5.24.200 Permits nontransferable 5.24.210 Number of establishments limited 5.24.220 Massage establishment--Change of location or name 5.24.230 Prohibited conduct 5.24.240 Violation--Penalty 5.24.250 Permit suspension and revocation 5.24.260 Appeal procedure 5.24.270 Appeal--Hearing 5.24.280 Repealed -- Ord 2726-10/84 5.24.290 Repealed -- Ord 2726-10/84 5.24.300 Repealed -- Ord 2726-10/84 5.24.310 Repealed -- Ord 2726-10/84 5.24.320 Repealed -- Ord 2726-10/84 5.24.330 Repealed -- Ord 2726-10/84 5.24.340 Unlawful operation declared nuisance 5.24.010 Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. (a) "Massage" or"massage therapy" means any method of pressure on, or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliance, or with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment, or other similar preparations commonly used in this practice. (b) "Massage establishment" means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals,engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments involving massage or baths as the major function. 9/95 5.24.01 0(c)-5.24.01 0(i) Huntington Beach Municipal Code A " (c) "Recognized school of massage" means any school or institution of learning which teaches the theory, ethics, practice, profession, or work of massage, which school or institution complies with the California Education Code section 94310 or 94311, and which requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school. (2395-11179, 2466-2/81, 3267-5/95) (d)"Qualified Massage Association" means any association which meets the following criteria: (3267-5/95) (1) Has established as a minimum education requirement for membership the completion of at least five hundred (500) hours of training from a recognized school of massage or has a written and practical testing of equivalency administered and overseen by its admission committee or by a national certification program endorsed by the National Commission for Certifying Agencies (NCCA), which will be considered in lieu of the minimum education requirement of five hundred (500) hours. (3267-9/95) (2) Offers and requires participation and completion by members of a minimum number of hours of specified continuing education as a condition of continuing membership. (3267-9/95) (3) Is open to members of the general public meeting the requirements for membership on a national basis. (3267-9195) (4) Has minimum educational requirements or equivalents, including at least five hundred (500) classroom hours or its equivalent in anatomy, physiology, hygiene, sanitation, massage therapy and practice, ethics of massage practice, first aid and CPR. Equivalency must be verified by written and practical testing by the Association. (3267-9/95) (5) The Association has established rules of ethics and has enforcement procedures for the suspension or revocation of membership for violation of such rules. (3267-9/95) (6) The Association requires participation and completion by members of a minimum number of hours of specified continuing education as a condition of continued membership. (3267-9/95) (e) "Qualifying Exam" means a national certification examination which has been recognized by objective standards to fairly evaluate professional level, skill, safety and competence as determined by a qualified massage association. (3267-9/95) (f) "Massage Technician" means any person who performs massage in exchange for anything of any value whatsoever. (3267-9/95) (g) "Owner" means the individual(s) whose name appears on the City of Huntington Beach business license. (3267-9/95) (h) "Operator" means the individual who manages the establishment. Evidence of management includes but is not limited to evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. An operator may also be an owner. (3267-9/95) (i) "Customer area" means areas open to customers of the establishment. (3267-9/95) (j) A crime of"Moral turpitude" shall be defined as a crime which infringes upon the moral sentiment of the community, as distinguished from statutory males prohibita(acts prohibited by a law). (3267-9/95) 9/95 Huntington Beach Municipal Code 5.24.020--5.24.040a) 5.24.020 Massage establishment and Massage Technician--Permit required. It shall be unlawful for any person, association, partnership, corporation or other entity to engage in, conduct or carry on, in or upon any premises within the City of Huntington Beach the business of a massage establishment, or to provide massage in exchange for anything of value, without a permit issued by the City of Huntington Beach pursuant to the provisions of this chapter for each and every such massage establishment and such person providing massage services. Education and training requirements contained in this chapter apply equally to massage technicians and massage establishment owners. (2395-11/79, 3267-9/95) 5.24.030 Massage establishment--Application for permit--Fees. (a) Any person, association, corporation, partnership or other entity desiring to obtain a permit to operate a massage establishment shall make application to the Chief of Police or his designated representative. Prior to submitting such application, a nonrefundable fee as established by resolution of the City Council shall be paid to the City of Huntington Beach to defray, the cost of investigation and report required by this chapter. The City Clerk or the City Treasurer shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. (3267-9/95) (b)The application for permit does not authorize operation of a massage establishment or performing massage until such permit has been granted. (2395-11/79, 3267-9/95) 5.24.040 Massage establishment--Application--Contents. Each applicant for a massage establishment permit shall furnish the following information: (a) The full, true name and any other names used by the applicant. (b) The present address and telephone number of the applicant. (c) The previous addresses of applicant, if any, for a period of five (5) years immediately prior to the date of the application and the dates of residence at each. (d) Acceptable written proof that the applicant is at least eighteen(18) years of age. (e) The applicant's height, weight, color of eyes and hair and date and place of birth, unless applicant is a partnership or corporation, in which case this information shall be supplied for the person or persons authorized to execute the application. (3267-9/95) (f) Two photographs of the applicant at least 2" X 2" taken within the last six (6) months. (g) Business, occupation or employment history of the applicant for the five (5) years immediately preceding the date of application. (h) The business license history of the applicant and whether such applicant, in previous operations in this or any other City, state, or territory under license, has had such license or permit for a massage establishment or other similar type of business revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. (i) All convictions, including ordinance violations, exclusive of traffic violations, stating the dates and places of any such conviction. (j) If the applicant is: (2395-11/79, 3267-9/95) 9/95 5.24.0400)(I)-5.24.060(b) Huntington Beach Municipal Code a (1) a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than five percent (5%) of the stock in the corporation. (2395-11/79, 3267-9/95) (2) a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. (2395-11/79, 3267-9/95) The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee shall be charged. (2395-11/79, 3267-9/95) (k) The name and address of the owner and lessor of the real property upon which the business is to be conducted, and, if applicable, a copy of the lease or rental agreement. (2395-11/79, 3267-9/95) (1) Proof of matriculation from a recognized school of massage, as defined herein. If the applicant is a corporation or partnership, then this proof must be supplied for a member of the corporation or partnership who will actively participate in the management of the establishment. (3267-9/95) (m)Proof of passage of an independently prepared and administered national certification exam which has been recognized by objective standards to fairly evaluate professional levels of skill, safety and competence, as determined by a qualified massage association. (3267-9/95) (n) Proof of membership in a qualified massage association. (3267-9/95) (o) Such other identification and information as the Police Department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application. (2395-11/79, 3267-9/95) (p) The Chief of Police shall require the applicant to furnish fingerprints. (2395-11/79, 3267-9/95) (q) Proof of actual malpractice insurance coverage or the ability to qualify for professional malpractice insurance. (3267-9/95) 5.24.050 Massage establishment--Applicant to appear, The applicant, if an individual, or designated responsible managing officer, if a partnership or corporation, shall personally appear at the Police Department of the City of Huntington Beach and produce proof that the application fee as set by resolution of the City Council has been paid and shall present the application containing the aforementioned and described information. (2395-11/79, 3267-9/95) 5.24.060 Massage establish ment--Application--Investi ation. Upon receipt of the completed application, the Chief of Police shall have sixty (60) days to investigate the application and the background of the applicant, including, but not limited to, any past criminal convictions as provided by the Justice Department or other legally authorized agency. Upon completion of the investigation, the Chief of Police shall grant the permit if he finds: (2395-11/79, 3267-9/95) (a) The required fee has been paid. (b) The applicant conforms in all respects to the provisions of this chapter. 9/95 Huntington Beach Municipal Code 5.24.060(c)-5.24.100 (c) The applicant has not knowingly made any false, misleading or fraudulent statements in the application. (2395-11179, 3267-9/95) (d) The applicant has fully cooperated in the investigation of his or her application. (e) The applicant, if an individual, or any officers, directors, or shareholders of the corporation holding more than 5% of the stock, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code section 290, or of conduct violating Penal Code sections 266, 314, 315, 316, 318, 647(a), 647(b) and 647(h), or convicted of an attempt to commit any of the abovementioned offenses or convicted in any state of any offense which if committed or attempted in this state, or conspiracy to commit any of the above offenses, would have been punishable as one or more of the abovementioned offenses, or any crime involving dishonesty, fraud, deceit, or moral turpitude. (2395-11/79, 3267-9/95) (f) The massage establishment, as proposed by applicant, would comply with all applicable laws, including but not limited to zoning, fire and safety requirements and standards. (2395-11/79, 3267-9/95) (g) The applicant is at least eighteen (18) years of age. (2395-11/79, 3267-9/95) (h) The applicant has not engaged in conduct which would constitute grounds for suspension or revocation under this chapter. (2395-11/79, 3267-9/95) (i) The applicant has shown proof of malpractice insurance and has complied with all other city ordinances pertaining to insurance coverage. (3267-9/95) If relevant Department of Justice state summary criminal history information is not received within the sixty-day investigation period, the Chief of Police is authorized to issue a temporary permit. A final decision granting or denying a permit shall be made after receipt of such summary criminal history information. If the permit is granted, its effective date shall be the date of issuance of the temporary permit. If the permit is denied, the temporary permit shall expire upon notice of denial. Temporary permits shall be issued for a ninety(90) day period. The Chief of Police may extend such temporary permit, should the relevant Department of Justice information not yet be available. (2395-11/79, 2726-10/84, 2777-7/85, 3267-9/95) 5.24.070 Massage establishment and massage technician--Permit--Refusal--Appeal. If the Chief of Police, following investigation of the applicant, finds that the applicant does not fulfill the requirements set forth in this chapter, he shall deny the application and notify the applicant by first-class mail of such denial. Any applicant who is denied a permit by the Chief of Police may appeal such denial to the City Administrator, pursuant to the provisions of this chapter. (2395-11/79, 2726-10/84, 3267-9/95) 5.24.090 Massage technician additional application and fee. In the event a massage technician currently licensed by the City of Huntington Beach seeks employment at a massage establishment other than the establishment indicated on the original application, an additional application and fee as set by resolution of the City Council must be submitted. (2395-11/79, 3267-9/95) 5.24.100 Massage technician permit--Application. Any person desiring to obtain a permit to act as a massage technician shall make application to the Chief of Police or his designated representative. Prior to submitting application, a nonrefundable fee as established by resolution of 9/95 5.24.100-5.24.130(d) Huntington Beach Municipal Code ~ the City Council shall be paid to the City of Huntington Beach to defray, the cost of investigation and report required by this chapter. The City Clerk or the City Treasurer shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. (2395-11/79, 3267-9/95) An application for a permit does not authorize acting as a massage technician until a permit has been granted. (2395-11179) 5.24.110 Massage technician application--Contents. In addition to all the information required by section 5.24.040 of this chapter, each application for massage technician permit shall contain the name, address and phone number at which the applicant will be employed. (2395-11/79, 3267-9/95) The applicant must furnish a statement from a physician, licensed to practice in the state of California, that the applicant has been examined within the past thirty(30) days prior to submitting the application, and has been found free of any communicable disease. (2395-11/79, 2777-7185, 3267-9/95) 5.24.130 Massage technician--Permit--Issuance. The Chief of Police shall have thirty(30) days to investigate the application and the background of the applicant. Upon completion of the investigation, the Chief of Police shall grant the permit if, in addition to the finding that the applicant will work in an establishment which complies with section 5.24.060, the following requirements have been met: (2395-11/79, 3267-9/95) (a) The applicant has graduated from a recognized school of massage prior to issuance of the permit and furnished an acceptable diploma or certificate of graduation. (b) The applicant has not had a massage establishment permit or massage technician's permit or other similar license or permit denied or revoked for cause by a licensing authority or by any city, county or state within three (3) years prior to the date of application. (2395-11/79, 3267-9/95) (c) The applicant has met the following requirements: (3267-9/95) (1) Completed five-hundred (500) hours of instruction in a massage specialty(therapeutic approach) at a recognized school of massage; or (3267-9/95) (2) Completed five-hundred (500) documented hours of practical experience in a massage specialty at: (3267-9/95) (i) a primary office of and under the direct supervision of a medical professional licensed by the State of California, specifically a physician, surgeon, chiropractor, osteopath, physical therapist or nurse, while such medical professional is performing activities encompassed by such license and is physically on the premises where the massage therapy is being administered; and (3267-9/95) (ii) 500 additional hours of continuing education classes or seminars in the field of massage therapy offered by a recognized school of massage. (3267-9/95) (3) All applicants must have passed an independently prepared and administered national certification exam which has been recognized by objective standards to fairly evaluate professional levels of skill, safety and competence, as determined by a qualified massage association. (3267-9/95) (d) Proof of membership in a nationally chartered professional association recognized by the Internal Revenue Service as a tax-exempt organization under the Internal Revenue Code or a qualified massage association. (3267-9/95) 9/95 Huntington Beach Municipal Code 5.24.130(e)--5.24.160(f) (e) The applicant has not been convicted of any of the offenses listed in Section 5.24.060(e) within the last five (5) years. (3267-9/95) If relevant Department of Justice state summary criminal history information has not been received within the thirty (30) day investigation period, the Chief of Police is authorized to issue a temporary permit. A final decision granting or denying a permit shall be made after receipt of such summary criminal history information. If the permit is granted, its effective date shall be the date of issuance of the temporary permit. If the permit is denied, the temporary permit shall expire upon notice of denial. Temporary permits shall be issued for a ninety (90) day period. The Chief of Police may extend such temporary permit if the relevant Department of Justice information has not been received. (2395-11/79, 2466-2/81, 2777-7/85, 3267-9/95) 5.24.150 Exemptions. The provisions of this chapter`shall not apply to the following classes of individuals or groups while engaged in performing the duties of their respective professions: (2395-11/79, 3267-9/95) (a) Physicians, surgeons, chiropractors, osteopaths, and physical therapists duly licensed to practice in the state of California. (b) Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the state of California. (c)Nurses duly registered by the state of California. (d) Barbershops and beauty parlors, barbers and beauticians when engaged in the practice for n which they are licensed by the state of California. (e) Accredited high schools and colleges, and coaches and trainers employed therein while acting within the scope of their employment. (f) Trainers of any amateur, semi-professional or professional athlete or athletic team. (2395-11/79) 5.24.160 Massage establishment--Facilities. Every massage establishment shall maintain facilities meeting the following requirements: (a) Sign- subject to applicable provisions of the City's codes, a recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment. (b) Lighting - minimum lighting shall be provided in accordance with Article 220 of the National Electrical Code, and, in addition, at least one artificial light of not less than forty (40) watts shall be provided in each room or enclosure where massage services are performed on patrons and shall be activated at all times while a patron is in such room or enclosure. (3267-9/95) (c) Ventilation- minimum ventilation shall be provided in accordance with section 1105 of the Uniform Building Code, Volume I. (d) Equipment - adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. (e) Water- hot and cold running water shall be provided at all times. (f) Linen storage - closed cabinets shall be provided and utilized for storage of clean linens, and approved receptacles shall be provided for the deposit of soiled linen. (2395-11/79, 3267-9/95) 9/95 5.24.160(g)-5.24.170(g) Huntington Beach Municipal Code a (g) Separation of sexes - if male and female patrons are to be served simultaneously at the massage establishment, a separate massage room or rooms and separate dressing, bathing and toilet facilities shall be provided for male and female patrons. Each separate facility or room shall be clearly marked as such. (2395-11/79, 3267-9/95) (h) Bathing, dressing, locker, toilet facilities - adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, and a minimum of one toilet and one wash basin shall be provided for every massage establishment. (i) Massage table pads - pads used on massage tables shall be covered in a professional manner with durable, washable plastic or other waterproof material acceptable to Orange County Health Department. (j) Areas where massage is to be performed shall be separated by swinging doors, curtains, screens or walls not enclosed by solid doors. (2395-11/79, 3267-9/95) 5.24.170 Massage establishment operation. Every massage establishment shall comply with the following operating requirements: (a) Each person employed or acting as a massage technician shall have a valid permit issued by the City of Huntington Beach, and it shall be unlawful for the owner, operator, responsible managing employee, manager or permittee in charge of or in control of the establishment to employ or permit a person to act as a massage technician, as defined in this chapter, who does not possess a valid massage technician's permit. Massage technicians may not use a name other than the name used on the permit application. (2395-11/79, 3267-9/95) (b) Bath and massage operations shall be carried on and the premises shall be open only between the hours of 7 a.m. and 9 p.m. A massage begun any time before 9 p.m. must nevertheless terminate at 9 p.m. (2395-11/79, 3267-9/95) (c) A list of services shall be posted in an open, public place on the premises, and shall be described in readily understood language. No owner, operator, responsible managing employee, manager, or permittee shall permit, and no massage technician shall offer to perform any services other than those posted. (d) The owner/operator of a massage establishment shall display a massage establishment permit and the permit for each and every massage technician employed in the establishment in an open and conspicuous place on the premises, available for examination upon demand by any police officer of the City. (2395-11/79, 3267-9/95) (e) Each massage technician shall wear a photo identification card prepared and issued by the City while administering a massage. The identification card shall be worn on outer clothing with the photo side facing out. The massage technician shall not use any name other than specified on the photo identification card while on duty. (3267-9/95) (f) Massage technicians and attendants shall be fully clothed at all times. Clothing shall be of a fully opaque, non-transparent material and provide the complete covering from mid-thigh to three (3) inches below the collar bone. (3267-9/95) (g) Dressing rooms and treatment rooms shall be screened off by curtains, draw drapes, or in the alternative, swing doors, so long as such doors are mounted at least eighteen(18) inches from the floor and not less than ten (10) inches from the top of the door frame. No other type of door other than swing doors meeting the above specification shall be used to screen off such dressing rooms and treatment rooms. (3267-9/95) 9/95 Huntington Beach Municipal Code 5.24.170(h)--5.24.170(r) (h) Towels and linens shall not be used on more than one (1) patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) patron. (2395-11/79, 3267-9/95) (i) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Department. Bathtubs shall be thoroughly cleaned after each use. All walls, ceilings, floors, and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. (2395-11/79, 3267-9/95) (j) Instruments utilized in performing massage shall not be used on more than one (1) patron unless they have been sterilized using approved sterilizing methods. (2395-11/79, 3267-9/95) (k) Where a covering is furnished by the massage establishment, it shall not be used by more than one (1) patron until it has first been laundered and disinfected. (2395-11/79, 3267-9/95) (1) The owner or operator of the massage establishment shall keep a complete and current list of the names and residence addresses of all massage technicians and employees of the massage establishment and the name and residence addresses of the manager or managing employee purported to be principally in charge of the operation of the massage establishment. This roster shall be kept at the premises and be available for inspection by officials charged with enforcement of this chapter. (3267-9/95) (m)Every massage establishment shall keep a written record of the date and hour of each treatment administered, the name and address of each patron, the name of the massage therapist administering treatment, and the type of treatment administered, to be recorded on a patron release form. Such written record shall be open to inspection by officials charged with the enforcement of this chapter. Such records shall be kept on the premises of the massage establishment for a period of two (2) years. (3267-9/95) (n) The owner/operator of each massage establishment shall file with the City Clerk, documents issued by an insurance company authorized to do business in the State of California evidencing that the permittee is insured under a liability insurance policy providing minimum coverage in an amount set by resolution of the City Council for injury or death to one person arising out of the operation of any massage establishment and the administration of a massage, and shall be kept in full force and effect at all times by such owner or operator. Proof of such insurance shall be kept on the premises at all times. (3267-9/95) (o) No part of the establishment shall be used for residential or sleeping purposes. No cooking or food preparation shall be allowed on the premises unless a full service kitchen is installed. Such a kitchen shall be for the sole use of employees, and shall be installed in an"employees only" area. The full service kitchen shall have a minimum of a sink with hot and cold running water, a refrigerator, a stove and sufficient cabinets to store cooking utensils. (3267-9/95) (p) No person shall enter, be, or remain in any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or drug except a prescription drug. The responsible owner, operator, managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises. (2395-11/79, 3267-9/95) (q) Every massage establishment shall be open at all times during business hours for inspection by any officer of the City of Huntington Beach. (2395-11/79, 3267-9/95) (r) All exterior doors shall remain unlocked from the inside during business hours. All doors leading to the business or leading to the customer areas are to remain unlocked during business hours. (2395-11/79, 3267-9/95) 9/95 5.24.170(s)-5.24.230(a) Huntington Beach Municipal Code n (s) No massage establishment shall simultaneously operate as a school of massage, or share facilities with a school of massage. (2395-11/79, 2466-2/81, 3267-9/95) 5.24.180 Existing massage technician permits--Validity. All persons holding existing massage technician permits and massage owner permits have two (2) years from the effective date to comply with all requirements of this chapter. (2395-11/79, 3267-9/95) 5.24.190 Permit renewal. Permits for massage establishments and massage technicians shall be renewed on a year-to-year basis provided that the permittees continue to meet the requirements set out in this chapter. The renewal fee for massage establishments and massage technicians shall be set by resolution of the City Council. The application for permit renewal shall contain the same information as required under this chapter for the original application. (2395-11/79, 3267-9/95) 5.24.200 Permits nontransferable. No massage establishment permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Chief of Police, shall be placed in the name of the surviving partners. A massage establishment permit issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of a permit, or any stock authorized but not issued at the time of the granting of a permit is thereafter issued or sold, transferred or assigned. No massage technician permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. (2395-11/79, 3267-9/95) 5.24.210 Number of establishments limited. No more than ten(10)valid permits for massage establishments shall be authorized by the City Council to operate in the City of Huntington Beach. (2395-11179) 5.24.220 Massage establishment--Change of location or name. (a) No massage establishment shall move from the location specified on its permit until a change of location fee in the sum set by resolution of the City Council has been paid to the City of Huntington Beach, and approval has been obtained from the Chief of Police and the Department of Community Development. Such approval shall not be given unless all requirements and regulations, as contained in the City°s codes, have been met. (2395-11/79, 3267-9/95) (b) No permittee shall operate, conduct, manage, engage in, or carry on the business of massage establishment under any name other than his name and the name of the massage establishment as specified on his permit. (c) Any application for an extension or expansion of a building or other place of business where a massage establishment is located shall require inspection and shall comply with the provisions and regulations of this chapter and all other city ordinances including zoning ordinances. (2395-11179, 3267-9/95) 5.24.230 Prohibited conduct, (a) A massage technician shall not violate the provisions of sections 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, and such practices shall not be allowed or permitted by the massage establishment permittee. (2395-11/79, 3267-9/95) 9/95 Huntington Beach Municipal Code 5.24.230(b)--5.24.260(a) (b) A massage technician shall be fully clothed at all times and shall not expose their genitals, -� pubic area, buttocks, or in the case of female technicians, their breasts, and such practices shall not be allowed or permitted by the massage establishment permittee. (2395-11/79, 3267-9/95) (c) A massage technician shall not massage a patron of one sex within the view of a patron of the opposite sex, and such practices shall not be allowed or permitted by the massage establishment permittee. (2395-11/79, 3267-9/95) (d)A massage technician shall not give massages at any location other than on the premises of a massage establishment with a valid permit, or at any massage establishment other than the one specified on the technician's permit(s). (2395-11/79, 3267-9/95) (e) A massage technician shall not massage, fondle, or otherwise have intentional contact with the genitals or anus of any patron, or the breasts of a female patron, and such practices shall not be allowed or permitted by the massage establishment permittee. (2395-11/79, 3267-9/95) (f) A massage technician shall not give a massage unless the breasts of female patrons are covered and the genitals of all patrons are covered, and such practices shall not be allowed or permitted by the massage establishment permittee. (2395-11/79, 3267-9/95) Proof of knowledge of any violation of this section shall not be required to be shown where a massage establishment permit is suspended or revoked. (2395-11/79, 2726-10/84) 5.24.240 Violation--Penalty. Any person violating sections 5.24.020, 5.24.170(a), 5.24.220, 5.24.230(c) or 5.24.230(d) of this chapter shall be guilty of a MISDEMEANOR, punishable by a fine of one-thousand dollars ($1,000) or by imprisonment in the county jail for a period not to !� exceed six(6) months, or by both such fine and imprisonment. (2395-11/79, 2726-10/84, 3173-10/92, 3267-9/95) 5.24.250 Permit suspension and revocation. The Chief of Police, or his designee, may suspend or revoke a permit if a permittee has: (a) Knowingly made any false, misleading, or fraudulent statements in the applications; or (2395-11/79, 3267-9/95) (b) Violated any provision of this chapter or of any statute relating to his permitted activity; or (c) Been convicted of a felony or misdemeanor involving moral turpitude or been convicted of a felony or misdemeanor while engaged in the practice of giving massage or the operation of a massage establishment. (2395-11/79, 3267-9/95) The permittee shall be provided with written notice by first class mail, postage prepaid, of such suspension or revocation. The permittee may file an appeal with the City Clerk within fifteen (15) days of the date of mailing of the notice of denial, suspension or revocation. In the event an appeal is timely filed, the suspension or revocation shall not take effect until final decision has been rendered by the City Administrator, or his designee, unless permittee has requested a continuance, as provided elsewhere in this chapter. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals. (2395-11/79, 2726-10/84, 2777-7/85) 5.24.260 Appeal procedure. (a) The City Administrator, or his designee, shall schedule a hearing to be held within fifteen (15) days after the filing of the notice of appeal. 9195 5.24.260(b)--5.24.340 Huntington Beach Municipal Code (b) Notice of the date, time and place of the hearing shall be mailed, postage prepaid, at least ten (10) days prior thereto to the permittee at the address given in the notice of appeal, or if none is provided, to the address set forth in the permit application. (c) The City Administrator, or his designee, in his sole discretion, may grant or deny continuance; may dissolve stays of pending orders of denial, suspension or revocation or of pending orders of denial, suspension or revocation; and may appoint outside hearing officers. (2395-11/79, 2726-10/84, 3267-9/95) (d)The City Administrator, or his designee, shall determine, after consideration of all evidence presented, whether a permit should be issued, reinstated, suspended or revoked. The decision of the City Administrator, or his designee, shall be final. (2395-11/79, 2726-10/84, 3267-9/95) 5.24.270 Appeal--Hearing. The following rules of evidence shall apply: (a) Oral evidence shall be taken only under oath or affirmation. The hearing officer shall have authority to administer oaths, and to receive and rule on admissibility of evidence. (b) Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses who have testified under direct examination. The hearing officer may call and examine any witness. (c)Technical rules relating to evidence and witnesses shall not apply to hearings provided for herein. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay testimony may be used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent that they now, or are hereafter permitted in civil actions; and irrelevant, collateral, undue, and repetitious testimony shall be excluded. (2395-11/79, 2726-10/84) 5.24.340 Unlawful operation declared nuisance. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance. The City Attorney may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for abatement, removal or enjoinment thereof, in the manner provided by law. The City Attorney shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as shall abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. (2395-11179, 3267-9/95) 9/95 Huntington Beach Municipal Code 5.24.010--5.24.010(b) p Chapter 5.24 6 MASSAGE ESTABLISHMENTS (1213-6/66, 1293-3/67,2007-10/75,2187-6/77, Urg.2361-3/79, Urg.2394-8/79,3173-10/92) Sections: 5.24.010 Definitions 5.24.020 Massage establishment--Permit required 5.24.030 Massage establishment--Application for permit--Fees 5.24.040 Massage establishment--Application--Contents 5.24.050 Massage establishment--Applicant to appear 5.24.060 Massage establishment--Application--Investigation 5.24.070 Massage establishment--Permit--Refusal--Appeal 5.24.080 Massage establishment--Permit restriction 5.24.090 Massage technician--Permit required 5.24.100 Massage technician permit--Application 5.24.110 Massage technician application--Contents 5.24.120 Repealed, Ord 2466-2/81 5.24.130 Massage technician--Permit--Issuance 5.24.140 Massage technician--Permit--Denial--Appeal 5.24.150 Exemptions 5.24.160 Massage establishment--Facilities 5.24.170 Massage establishment operation 5.24.180 Existing massage technician permits--Validity 5.24.190 Permit renewal 5.24.200 Permits nontransferable 5.24.210 Number of establishments limited 5.24.220 Massage establishment--Change of location or name 5.24.230 Prohibited conduct 5.24.240 Violation--Penalty 5.24.250 Permit suspension and revocation 5.24.260 Appeal procedure 5.24.270 Appeal--Hearing 5.24.280 Repealed, Ord 2726-10/84 5.24.290 Repealed, Ord 2726-10/84 5.24.300 Repealed, Ord 2726-10/84 5.24.310 Repealed, Ord 2726-10/84 5.24.320 Repealed, Ord 2726-10/84 5.24.330 Repealed, Ord 2726-10/84 5.24.340 Unlawful operation declared nuisance 5.24.010 Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. (a) "Massage" means any method of pressure on,or friction against or stroking, kneading, rubbing, tapping,pounding,vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliance, or with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil,powder, cream, ointment, or other similar preparations commonly used in this practice. (b) "Massage establishment" means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments involving massage or baths as the major function. 10/92 5.24.010(c)--5.24.040(i) Huntington Beach Municipal Code y'n (c) "Recognized school of massage" means any school or institution of learning which teaches the theory, ethics,practice,profession, or work of massage, which school or institution complies with the California Education Code and with the California Department of Education's standards (5 California Administrative Code section 18829), and which requires a resident course of study of not less than one hundred(100) hours before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school. (2395-11/79, 2466-2/81) 5.24.020 Massage establishment--Permit required. It shall be unlawful for any person, association,partnership or corporation to engage in, conduct or carry on, in or upon any premises within the City of Huntington Beach the business of a massage establishment without a permit issued pursuant to the provisions of this chapter for each and every such massage establishment. (2395-11/79) 5.24.030 Massage establishment--Application for permit--Fee. (a) Any person, corporation or partnership desiring to obtain a permit to operate a massage establishment shall make application to the Chief of Police or his designated representative. Prior to submitting such application, a nonrefundable fee of two hundred dollars ($200) shall be paid to the City Clerk to defray, in part,the cost of investigation and report required by this chapter. The City Clerk shall issue a receipt showing that such application has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. (b) The application for permit does not authorize conducting a massage establishment until such permit has been granted. (2395-11/79) 5.24.040 Massage establishment--Application--Contents. Each applicant for a massage establishment permit shall furnish the following information: (a) The full, true name and any other names used by the applicant. (b) The present address and telephone number of the applicant. (c) The previous addresses of applicant, if any, for a period of five (5) years immediately prior to the date of the application and the dates of residence at each. (d) Acceptable written proof that the applicant is at least eighteen(18) years of age. (e) The applicant's height, weight, color of eyes and hair and date and place of birth. (f) Two photographs of the applicant at least 2" X 2" taken within the last six months. (g) Business, occupation or employment history of the applicant for the five (5)years immediately preceding the date of application. (h) The business license history of the applicant and whether such applicant, in previous operations in this or any other City, state, or territory under license,has had such license or permit for a massage establishment or other similar type of business revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. (i) All convictions, including ordinance violations, exclusive of traffic violations, stating the dates and places of any such convictions. 10/92 h Huntington Beach Municipal Code. 5.24.0400)-5.24.060(h) 0) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter,together with the place and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than 5 percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name,residence address and dates of birth of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its w officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee shall be charged. (k) The name and address of the owner and lessor of the real property upon which the business is to be conducted, and a copy of the lease or rental agreement. (1) Such other identification and information as the Police Department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application. (in)The Chief of Police shall require the applicant to furnish fingerprints. (2395-11/79) 5.24.050 Massage establishment--Applicant to appear. The applicant, if an individual, or designated responsible managing officer, if a partnership or corporation, shall personally appear at the Police Department of the City of Huntington Beach and produce proof that the two hundred dollar($200) application fee has been paid and shall present the application containing the aforementioned and described information. (2395-11/79) 5.24.060 Massage establishment--Application--Investigation. The Chief of Police shall have sixty (60) days to investigate the application and the background of the applicant. Upon completion of the investigation,the Chief of Police shall grant the permit if he finds: (a) The required fee has been paid. (b) Application conforms in all respects to the provisions of this chapter. (c) The applicant has not knowingly made a material misrepresentation in the application. (d) The applicant has fully cooperated in the investigation of his application. (e) The applicant, if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code section 290, or of conduct violating Penal Code sections 314, 315, 316, 318, 647(a), 647(b) and 647(h), or convicted of an attempt to commit any of the abovementioned offenses or convicted in any state of any offense which if committed or attempted in this state, would i have been punishable as one or more of the abovementioned offenses, or any crime involving dishonesty, fraud, deceit, or moral turpitude. (f) Applicant has completed all portions of the application. (g) The massage establishment, as proposed by applicant,would comply with all applicable laws; including but not limited to zoning, fire and safety requirements and standards. (h) The applicant is at least eighteen(18) years of age. 10/92 5.24.060(i)--5.24.110(c) Huntington Beach Municipal Code (i) The applicant possesses good moral character and is a fit person to be trusted with the privilege granted by such permit. (j) The applicant has not engaged in conduct which would constitute grounds for suspension or revocation under this chapter. If relevant Department of Justice state summary criminal history information is not received within the sixty-day investigation period, the Chief of Police is authorized to issue a temporary permit. A final decision granting or denying a permit shall be made after receipt of such summary criminal,history information. If the permit is granted, its effective date shall be the date of issuance of the temporary permit. If the permit is denied,the temporary permit shall expire upon notice of denial. Temporary permits shall•be issued for a ninety-day period. The Chief of Police, in his discretion, may extend such temporary permit. (2395-11/79,2726-10/84,2777-7/85) 5.24.070 Massage establishment--Permit--Refusal--Appeal. If the Chief of Police, following investigation of the applicant, finds that the applicant does not fulfill the requirements set forth in this chapter, he shall deny the application and notify the applicant by certified mail of such denial. Any applicant who is denied a permit by the Chief of Police may appeal such denial to the City Administrator,pursuant to the provisions of this chapter. (2395-11/79,2726-10/84) 5.24.080 Massage establishment--Permit restriction. The possession of a valid massage establishment permit does not authorize the permittee to perform work for which a massage i technician permit is required. (2395-11/79) 5.24.090 Massage technician--Permit required. It shall be unlawful for any person to act as a massage technician unless such person holds a valid permit issued by the City of Huntington Beach pursuant to the provisions of this chapter. In the event the applicant seeks employment at a massage establishment other than that indicated on the original application, an additional application and fee of twenty-five dollars ($25)must be submitted. (2395-11/79) 5.24.100 Massage technician Permit--Application. Any person desiring to obtain a permit to act as a massage technician shall make application to the Chief of Police or his designated representative. Prior to submitting application, a nonrefundable fee of fifty dollars ($50)-shall be paid to the City Clerk to defray, in part,the cost of investigation and report required by this chapter. The City Clerk shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. An application for a permit does not authorize acting as a massage technician until a permit has been granted. (2395-11/79) 5.24.110 Massage technician application--Contents. In addition to all the information required by section 5.24.040 of this chapter, each application for massage technician permit shall contain the following: (a) A diploma or certificate of graduation from a recognized school. i (b) The massage establishment's full name, address and phone number at which the applicant will be employed. (c) Such other identification and information as the Police Department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application. 10/92 Huntington Beach Municipal Code 5.24.110(d)--5.24.150(f (d) The Chief of Police shall require the applicant to furnish fingerprints. (e) The Chief of Police shall require the applicant to furnish a statement from a physician, licensed to practice in the state of California,that he/she has been examined within the past thirty (30) days prior to submitting the application, and has been found free of any communicable disease. (2395-11/79,2777-7/85) • 5.24.130 Massage technician--Permit--Issuance. The Chief of Police shall have thirty(30) �A.,days to investigate the application and the background of the applicant. Upon completion of the 4,",dnvestigation, the Chief of Police shall grant the permit if, in addition to the findings set out in section 5.24.060, the following requirements have been met: (a) The applicant has graduated from a recognized school of massage prior to issuance of the permit and furnished an acceptable diploma or certificate of graduation. (b) The applicant has not had a massage establishment permit or massage technician's permit or other similar license or permit denied or revoked for cause by this City within one (1)year prior to the date of application. (c) The applicant has complied with section 5.24.110(e) of this chapter. If relevant Department of Justice state summary criminal history information has not been received within the thirty(30) day investigation period,the Chief of Police is authorized to issue a temporary permit. A final decision granting or denying a permit shall be made after receipt of such summary criminal history information. If the permit is granted, its effective date shall be the date of issuance of the temporary permit. If the permit is denied,the temporary permit shall expire upon notice of denial. Temporary permits shall be issued for a ninety (90)day period. The Chief of Police, in his discretion, may extend such temporary permit. (2395-11/79,2466-2/81,2777-7/85) 5.24.140 Massage technician--Permit--Denial--Appeal. If the Chief of Police, following . .t:investigation of the applicant, finds that the applicant does not fulfill the requirements set forth in '".this chapter, he shall deny the application and notify the applicant by certified mail of such denial. Any applicant denied a permit by the Chief of Police may appeal such denial to the City Administrator pursuant to the provisions of this chapter. (2395-11/79,2726-10/84) 5.24.150 Exemptions. The provisions of this chapter shall not apply to the following classes of individuals while engaged in performing the duties of their respective professions: (a) Physicians, surgeons, chiropractors, osteopaths, and physical therapists duly licensed to practice in the state of California. (b) Hospitals, nursing homes, sanitoriums, or other health care facilities duly licensed by the state of California. (c) Nurses duly registered by the state of California. (d) Barbershops and beauty parlors, barbers and beauticians when engaged in the practice for which they are licensed by the state of California. i (e) Accredited high schools and colleges, and coaches and trainers employed therein while acting within the scope of their employment. (f) Trainers of any amateur, semi-professional or professional athlete or athletic team. (2395- 11/79) 10/92 c5.24.160-5.24.170 r � ) Huntington Beach Municipal Code 5.24.160 Massage establishment--Facilities. Every massage establishment shall maintain facilities meeting the following requirements: (a) Sign - subject to applicable provisions of the City's codes, a recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment. (b) Lighting -minimum lighting shall be provided in accordance with Article 220 of the National Electrical Code, and, in addition, at least one artificial light of not less than forty (40) watts shall be provided in each room or enclosure where massage services are performed on patrons. (c) Ventilation-minimum ventilation shall be provided in accordance with section 1105 of the Uniform Building Code, Volume I. (d) Equipment- adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. (e) Water-hot and cold running water shall be provided at all times. (f) Linen storage- closed cabinets shall be provided for storage of clean linens, and approved receptacles shall be provided for the deposit of soiled linen. (g)•Separation of sexes - if male and female patrons are to be served simultaneously at the massage establishment, a separate massage room or rooms, separate dressing facilities shall be provided for male and female patrons, and each separate facility or room shall be clearly marked as such. (h) Bathing, dressing, locker,toilet facilities- adequate bathing, dressing, locker, and toilet facilities"shall be provided for patrons. A minimum of one tub or shower,one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, and a minimum of one toilet and one wash basin shall be provided for every massage establishment. (i) Pads used on massage tables shall be covered in a professional manner with durable, washable plastic or other waterproof material acceptable to Orange County Health Department. (j) Compliance with code -proof of compliance with all applicable provisions of the Huntington Beach Municipal Code shall be provided prior to the issuance of any permit. (2395-11/79) 5.24.170 Massage establishment operation. Every massage establishment shall comply with the following operating requirements: I (a) Each person employed or acting as a massage technician shall have a valid permit issued by ! the City of Huntington Beach, and it shall be unlawful for the owner, operator, responsible managing employee,manager or permittee in charge of or in control of the establishment to employ or permit a person to act as a massage technician, as defined in this chapter, who does not possess a valid massage technician's permit. (b) Bath and massage operations shall be carried on and the premises shall be open only between the hours of 7 a.m. and 12 midnight. i (c) A list of services shall be posted in an open, public place on the premises, and shall be described in readily understood language. No owner, operator, responsible managing employee, manager, or permittee shall permit, and no massage technician shall offer to perform any services other than those posted. 10/92 a : Huntington Beach Municipal Code 5.24.170(d)--5.24.200 (d) The massage establishment permit shall be displayed in an open and conspicuous place on --� the premises. A copy of the permit of each and every massage technician, employed in the establishment, shall also be kept on'the premises, available for examination upon demand by any police officer of the City. (e) Towels and linens shall not be used on more than one (1)patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) patron. (f) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Department. Bathtubs shall be thoroughly cleaned after each use. All walls, ceilings, floors, and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. (g) Instruments utilized in performing massage shall not be used on more than one (1)patron unless they have been sterilized using approved sterilizing methods. (h) Where a covering is furnished by the massage establishment, it shall not be used by more than one (1)patron until it has first been laundered and disinfected. (i) No person shall enter,be, or remain in any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or drug except a prescription drug. The owner, operator, responsible managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises. (j) Every massage establishment shall be open at all times during business hours for inspection by any officer of the City of Huntington Beach. (k) All exterior doors shall remain unlocked from the inside during business hours. (1) No massage establishment shall simultaneously operate as a school of massage, or share 4facilities with a school of massage except in compliance with the provisions of Title 5, California Administrative Code section 18829 and applicable requirements of the Department of Education. (2395-11/79,2466-2/81) 5.24.180 Existing massage technician permits--Validity. Each person having an existing masseuse technician permit with the City of Huntington Beach at the time this chapter becomes effective, shall, in addition to all other provisions of this chapter, obtain a diploma or certificate of graduation from a recognized school of massage within a period of two (2) years from the effective date hereof. All such diplomas or certificates of graduation shall be submitted to the Chief of Police, or his designated representative, for approval. All existing massage technician permits shall become null and void unless the permittees have produced and had approved by the Chief of Police diplomas or certificates of graduation within the two (2)year period established by this section. (2395-11179) 5.24.190 Permit renewal. Permits for massage establishments and massage technicians may be renewed on a year-to-year basis provided that the permittees continue to meet the requirements i set out in this chapter. The renewal fee for massage establishments shall be one hundred dollars ($100) and the renewal fee for massage technicians shall be twenty-five dollars ($25). (2395- 11/79) 5.24.200 Permits nontransferable. No massage establishment permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale,transfer or assignment, shall be deemed to 10192 n 5.24.200--5.24.230(e) Huntington Beach Municipal Code a' constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and excepting,however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Chief of Police, shall be placed in the name of the surviving partners. A massage establishment permit issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of a permit, or any stock authorized but not issued at the time of the granting of a permit is thereafter issued or sold, transferred or assigned. No permit issued to a massage technician is transferable. (2395=11/79) 5.24.210 Number of establishments limited. No more than ten(10)valid permits for massage establishments shall be authorized by the City Council�to operate in the City of Huntington Beach. (2395-11/79) 5.24.220, Massage establishment--Change of location or name. (a) No massage establishment shall move from the location specified on its permit until a change of location fee in the sum of twenty-five dollars ($25)has been deposited with the City, and approval has been obtained from the Chief of Police and the Planning Department. Such approval shall not be given unless all requirements and regulations, as contained in the City's codes, have been met.. (b) No permittee shall operate, conduct, manage, engage in, or carry on the business of massage establishment under any name other than his name and the name of the massage i establishment as specified on his permit. �. (c) Any application for an extension or expansion of a building or other place of business where a massage establishment is located shall require inspection and shall comply with the provisions and regulations of this chapter.. (2395-1 1/79) 5.24.230 Prohibited conduct. (a) A massage technician shall not massage the genitals or anus of any patron, or the breasts of any female patron, and such practices shall not be allowed or permitted by the massage establishment permittee. (b) A massage,permittee technician shall not violate the provisions of sections 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, and such practices shall not be allowed or permitted by the massage establishment permittee. (c) Massage technicians shall be clothed at all times and shall not expose their genitals,pubic area, buttocks, or in the case of female technicians,their breasts, and such practices shall not be allowed or permitted by the massage establishment permittee. (d) A massage technician shall not massage a patron of one sex within the view of a patron of the opposite sex, and such practices shall not be allowed or permitted by the massage establishment permittee. (e) A massage technician shall not give a massage unless the breasts of female patrons are covered and the genitals of all patrons are covered, and such practices shall not be allowed or permitted by the massage establishment permittee. �a 10/92 Huntington Beach Municipal Code 5.24.230(�--5.24.260(e) (f) A massage technician shall not give massages at any location other than on the premises of a massage establishment with a valid permit, or at any massage establishment other than the one specified on the technician's permit(s). Proof of knowledge of any violation of this section shall not be required to be shown where a massage establishment permit is suspended or revoked. (2395-11/79,2726-10/84) 5.24.240 Violation--Penalty. Any person violating the provisions of sections 5.24.020, <;# 5.24.090, 5.24.160, 5.24.170, 5.24.220 and 5.24.230 shall be guilty of a MISDEMEANOR, punishable by a fine of five hundred dollars ($500)or by imprisonment in the county jail for a period not to exceed six(6)months, or by both such fine and imprisonment. (2395-11/79, 2726-10/84, 3173-10/92) 5.24.250 Permit suspension and revocation. The Chief of Police, or his designee, may suspend or revoke a permit if a permittee has: (a) Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a permit; or (b) Violated any provision of this chapter or of any statute relating to his permitted activity; or (c) Conducted the permitted business in a manner contrary to the peace,health, safety, and general welfare of the public; or (d) Demonstrated that he is-unfit to be trusted with the privileges granted by the permit. The permittee shall be provided with written notice by first class mail,postage prepaid, of such suspension or revocation. The permittee may file an appeal with the City Clerk within fifteen (15) days of the date of mailing of the notice of denial, suspension or revocation. In the event an appeal is timely filed,the suspension or revocation shall not take effect until final decision has been rendered by the City Administrator, or his designee, unless permittee has requested a continuance, as provided elsewhere in this chapter. If no appeal is filed,the suspension or revocation shall become effective upon expiration of the period for filing appeals. (2395-11/79, 2726-10/84,2777-7/85) 5.24.260 Appeal procedure. (a) The City Administrator, or his designee, shall schedule a hearing to be held within fifteen (15) days after the filing of the notice of appeal. (b) Notice of the date, time and place of the hearing shall be mailed, postage prepaid, at least ten (10) days prior thereto to the permittee at the address given in the notice of appeal, or if none is provided,to the address set forth in the permit application. (c) The City Administrator, or his designee, in his sole discretion,may grant or deny continuance; may dissolve stays of pending orders of denial, suspension or revocation; and may appoint outside hearing officers. (d) The City Administrator, or his designee, shall determine, after consideration of all evidence presented, whether a permit should be issued, reinstated, suspended or revoked. The decision of the City Administrator, or his designee, shall be final. (e) The City Administrator shall establish written administrative regulations implementing the provisions of this section. (2395-11179,2726-10/84) 10/92 5.24.270--5.24.250 Huntington Beach Municipal Code 5.24.270 Appeal--Hearing. The following rules of evidence shall apply: (a) Oral evidence shall be taken only under oath or affirmation. The hearing officer shall have authority to administer oaths, and to receive and rule on admissibility of evidence. (b) Each party shall have the right to call and examine witnesses,to introduce exhibits, and to cross-examine opposing witnesses who have testified under direct examination. The hearing officer may call and examine any witness. (c) Technical rules relating to evidence and witnesses shall not apply to hearings provided for herein. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay testimony»may be used for the purpose of supplementing or explaining any evidence given in direct examination,but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent that they now, or are hereafter permitted in civil actions; and irrelevant, collateral, undue, and repetitious testimony shall be excluded. (2395-11/79,2726-10/84) 5.24.340 Unlawful operation declared nuisance. Any massage establishment operated, i conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance. The City Attorney may, in addition to, or in lieu I of prosecuting a criminal action hereunder, commence an action or actions,proceeding or proceedings for abatement, removal or enjoinment thereof, in the manner provided by law. He shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. (2395-11/79) 10/92 I r c1ty Clerks ut11ce ., ------------(FC) -- ( 6) -----------= ,Chamber Book, Counter book, Drawer Tony' s Book, Evelyn' s Book Laura's Book HUNTING TON BEACH MUNICIPAL CODE UPDATES (Effective Immediately) Please Remove from Code Please Add to Code Chapter 13.32 Chapter 13.32 PLEASE NOTE: Prior to the conversion, sections 13.32.050(h) and 13.32.050(i) had been codified and effective 11/90. During the conversion process in May, 1994, from the old computer system to the new computer system, this code section was inadvertantly transferred from an old back up excluding those sections. Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 950327.doc Huntington Beach Municipal Code 13.32.010-13.32.020(h) Chapter 13.32 HARBORS--GENERALLY (1430-9/68, 2374-7/79, 3078-11/90) Sections: 13.32.010 Scope 13.32.020 Definitions 13.32.030 Administrative authority 13.32.040 Permit for commercial activities required 13.32.050 Application for permit 13.32.060 Filing fee 13.32.070 Grounds for issuance or denial of permit 13.32.080 Permit--Denial--Appeal 13.32.090 Duration of permit 13.32.100 Revocation of suspension 13.32.110 Public liability insurance requirements 13.32.010 Scope. The provisions of this chapter shall, unless otherwise expressly provided, apply to all harbors and other publicly-owned or operated land or inland waterways in the city. (1430-9/68) 13.32.020 Definitions. For the purpose of this chapter, the following terms shall have the respective meanings set forth herein unless the context in which they are used clearly indicates a different meaning is intended. Words not defined herein which have the meaning ascribed to them by the Harbors and Navigation Code of the state of California, have the meaning ascribed to them in ordinary usage: (a) "Anchorage area" means any portion of a harbor which has,been designated as an anchorage area pursuant to law and approved by the federal government. (b) 'Bulkhead line" means the line or point where the outer portion of the bulkhead meets the water. (c) "Commercial activity" shall mean any service, trade, business or occupation carried on for which any monetary or other valuable consideration is received, or for the purpose of profit, and shall include but not be limited to water taxi service and sight-seeing vessels. (d) "Director" means the Director of the Community Services Department. (e) "Mooring" means any appliance used to secure a vessel other than to pier or dock, which is not carried aboard such vessel as regular equipment. (f) "Pierhead line" means the line between the bulkhead and the waterway which line separates the area open for navigation from the area extending outward from the bulkhead in which the mooring and docking of vessels is permitted. The exact distance from the bulkhead to the pierhead line shall be determined by the City Council. (g) "Protected swimming area" means an area for swimming set aside by the City Council and designated by or outlined by lines, floats or buoys. (h) "Turning basin" means that portion of any channel which has been so designated pursuant to law and approved by the Federal Government for the purpose of permitting vessels to turn around or permitting their course of direction to be altered. 11/90 4 r 13.32.020(i)--13.32.050(h) Huntington Beach Municipal Code (i) "Waters of a harbor" means all water in which the tide ebbs and flows whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court or otherwise and whether or not the land lying under said tidal waters is privately or public owned. (1430-9/68, 2374-7/79) ; 13.32.030 Administrative authority. The responsibility for enforcement of these chapters is delegated to the Director of Community Services, and such of his agents as he may designate to perform said duty, as well as by peace officers having jurisdiction in any area in which violation of any provision of this title takes place. (2374-7179) 13.32.040 Permit for commercial activities required. No person shall engage in or carry on any commercial activity on the waters of harbors within the city without first having applied for and obtained a permit for such activity from the Director. EXCEPTIONS: the requirement to obtain a commercial activity permit is not applicable to persons operating commercial fishing vessels or private vessels chartered primarily for use outside harbors within the city. Said activity shall be prohibited and considered a violation of this chapter and zoning regulations. (2374-7/79) 13.32.050 Aoolication for permit. An application for a permit under this chapter shall be filed with the Director upon forms provided by the city, and shall contain the following information and such other information as the Director may require: (a) The name, business address and business telephone number of applicant. (b) If the applicant proposes to conduct business under a fictitious name, the application shall state the name, address and telephone number of each person owning a financial interest in the business. (c) The name, address and telephone number of the person or persons who will have general management responsibility for the applicant's business. (d) A drawing of the boat, watercraft and/or other facility.which the applicant proposes to use, together with such specifications and other technical data as may be needed for proper evaluation of the application. (e) A full description of the proposed method of operation of such vessel,.watercraft and/or other facility, including but not limited to: (1) House of operation; (2) Maximum number of patrons or passengers; (3) Route or routes of travel; (4) Embarkation and debarkation points; (5) Types of activities to be permitted on board; and (6) Types of merchandise to be sold. (f) A description of the manner in which the applicant intends to.dispose of sewage, trash and litter resulting from the operation. (g) A description and location of parking facilities available for the proposed operation..(2374-7/79) (h) A full description of a plan for monitoring discharge of waste from boats moored, tied or anchored in any facility owned, leased or controlled by the permittee, his employees or agents. i The description shall include a method of minimizing waste discharge and the way in which it will be employed and shall provide a detailed description of a means of enforcement. Said plan must provide that no person may use a boat slip, mooring, dock, or any place of any other description where a boat can be secured, which is owned, leased or controlled by the 11/90 r Huntington Beach Municipal Code 13.32.050(h)--13.32.100(b) permittee, unless such boats are connected to the sanitary sewer system or equipped with an approved holding tank designed to retain all waste on board. Vessels with holding tanks must, at all times, be treated with dye tablets placed into the vessels' marine sanitation devices. Such dye tablets shall be a type commonly used to test the integrity of sanitary sewer systems and as approved by the Director as complying with the intent of this section. (3078-11/90) (i) Lessors subject to this section must include in any lease or rental agreement a provision stating that any violation of this section will be grounds for termination of the boat slip lease or rental agreement. Said lessor shall agree that a condition of the permit to operate hereunder shall be that no tenant under his control will violate any provision of this section. (3078-11/90) 13.32.060 Filing fee. An application as required by this chapter shall be accompanied by a fee in an amount, established by resolution of the City Council, to compensate the city for the administrative costs of processing such application. (2374-7/79) 13.32.070 Grounds for issuance or denial of a permit. The Director shall determine whether to issue or deny a permit after considering the following factors: (a) Whether the proposed commercial activity is compatible with the predominant characteristics of the harbor and its surrounding area. (b) Whether the proposed commercial activity will comply with the requirements pertaining to noise control contained in Chapter 8.40 of this code. (c) Whether the proposed activity will have an adverse effect on the efforts to keep harbors free of pollution and litter. (d) Whether the vessel or watercraft proposed to be used by the applicant satisfies the applicable standards of the U. S. Coast Guard. (e) Whether the proposed method of operation will create unreasonable traffic problems in the harbors which would interfere with the rights of others to use such harbors within the city. (2374-7/79) 13.32.080 Permit--Denial--Appeal. If the Director refuses to grant the permit, the applicant may, within ten days after receipt of notice of refusal to grant the permit, file an appeal in writing with the City Clerk. The City Clerk shall set the appeal for hearing before the City Council, and shall give the applicant ten days written notice prior to the date the appeals is to be heard. (2374-7/79) 13.32.090 Duration of permit. Any permit issued pursuant to the provisions of this chapter shall continue to be valid unless such permit is suspended or revoked. (2374-7/79) 13.32.100 Revocation or suspension. Any permit granted pursuant to the provisions of this chapter may be revoked or suspended by the Director, either in whole or in part, after five (5) j days prior written notice to the permittee, directing him to appear at a certain time and place to show cause why the permit should not be revoked or suspended on any of the following grounds: (a) That the permittee has made a misrepresentation as to any material fact set forth in the application. (b) That the permittee has not filed adequate evidence of liability insurance coverage with the city, or has allowed its insurance coverage to lapse or be canceled. 11/90 13.32.100(C)--13.32.110 Huntington Beach Municipal Code (c) For the violation of any rule, regulation or condition set forth in or authorized by this chapter. (d) For the violation of any law or regulation of the state, city, county of Orange,.or the Orange County Harbor District, relating to the operation of the business by the permittee or any of his employees. (2374-7/79) 13.32.110 Public liability insurance requirement. No permittee shall engage in or carry on any commercial activity unless there is on file with the city, and in full force and effect at all times while such commercial activity is being conducted, a certificate of insurance approved by the City Attorney's office. Minimum liability insurance coverage shall be established by resolution of the City Council. Such public liability insurance policy shall indemnify, defend and hold harmless the city, City Council, elective and appointive officers, employees, boards and commissions of the city while acting within the scope of their official duties against all claims arising out of or in t: connection with the activity for which the permit was obtained. Failure of any permittee to maintain the insurance required by this section shall constitute grounds for revocation or suspension of this permit. (2374-7/79) 11/90 i Huntington Beach Municipal Code 13.32.010--13.32.020(h) Chapter 13.32 HARBORS--GENERALLY (1430-9/68,2374-7/79) Sections: 13.32.010 Scope 13.32.020 Definitions 13.32.030 Administrative authority 13.32.040 Permit for commercial activities required 13.32.050 Application for permit 13.32.060 Filing fee 13.32.070 Grounds for issuance or denial of permit 13.32.080 Permit--Denial--Appeal , 13.32.090 Duration of permit 13.32.100 Revocation of suspension 13.32.110 Public liability insurance requirements 13.32.010 Scone. The provisions of this chapter shall, unless otherwise expressly provided, apply to all harbors and other publicly-owned or operated land or inland waterways in the city. (1430-9/68) 13.32.020 Definitions. For the purpose of this chapter,the following terms shall have the respective meanings set forth herein unless the context in which they are used clearly indicates a different meaning is intended. Words not defined herein which have the meaning ascribed to them by the Harbors and Navigation Code of the state of California, have the meaning ascribed (� to them in ordinary usage: \ (a) "Anchorage area" means any portion of a harbor which has been designated as an anchorage area pursuant to law and approved by the federal government. (b) 'Bulkhead line" means the line or point where the outer portion of the bulkhead meets the water. (c) "Commercial activity" shall mean any service, trade,business or occupation carried on for which any monetary or other valuable consideration is received, or for the purpose of profit, and shall include but not be limited to water taxi service and sight-seeing vessels. (d) "Director" means the Director of the Community Services Department. (e) "Mooring" means any appliance used to secure a vessel other than to pier or dock, which is not carried aboard such vessel as regular equipment. (f) "Pierhead line" means the line between the bulkhead and the waterway which line separates the area open for navigation from the area extending outward from the bulkhead in which the mooring and docking of vessels.is permitted. The exact distance from the bulkhead to the pierhead line shall be determined by the City Council. (g) "Protected swimming area" means an area for swimming set aside by the City Council and . designated by or outlined by lines, floats or buoys. (h) "Turning basin" means that portion of any channel which has been so designated pursuant to law and approved by the Federal Government for the purpose of permitting vessels to turn around or permitting their course of direction to be altered. 7/79 13.32.020(i)--1.3.32.070 Huntington Beach Municipal Code (i) "Waters of a harbor" means all water in which the tide ebbs and flows whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court or otherwise and whether or not'the land lying under said tidal waters is privately or public owned. (1430-9/68,2374-7/79) 13.32.030 Administrative authority. The responsibility for enforcement of these chapters is delegated to the Director of Community Services, and such of his agents as he may designate to perform said duty, as well as by peace officers having jurisdiction in any area in which violation of any provision of this title takes place. (2374-7/79) 13.32.040 Permit for commercial activities required. No person shall engage in or carry on any commercial activity on the waters of harbors within the city without first having applied for and obtained a permit for such activity from the Director. EXCEPTIONS: the requirement to obtain a commercial activity permit is not applicable to persons operating commercial fishing vessels or private vessels chartered primarily for use outside harbors within the city. Said activity shall be prohibited and considered a violation of this chapter and zoning regulations. (2374-7/79) 13.32.050 Application for permit. An application for a permit under this chapter shall be filed with the Director upon forms provided by the city, and shall contain the following information and such other information as the Director may require: (a) The name, business address and business telephone number of applicant. (b) If the applicant proposes to conduct business under a fictitious name,the application shall state the name, address and telephone number of each person owning a financial interest in the business. (c) The name, address and telephone number of the person or persons who will have general = " management responsibility for the applicant's business. (d) A drawing of the boat, watercraft and/or other facility which the applicant proposes to use, together with such specifications and other technical data as may be needed for proper evaluation of the application. (e) A full description of the proposed method of operation of such vessel,watercraft and/or other facility, including but not limited to: i (1) House of operation; (2) Maximum number of patrons or passengers; (3) Route or routes of travel; (4) Embarkation and debarkation points; (5) Types of activities to be permitted on board; and (6) Types of merchandise to be sold. (f) A description of the manner in which the applicant intends to dispose of sewage,trash and litter resulting from the operation. (g) A description and location of parking facilities available for the proposed operation. (2374- 7n9) 13.32.060 Filing fee. An application as required by this chapter shall be accompanied by a fee in an amount, established by resolution of the City Council,to compensate the city.for the administrative costs of processing such application. (2374-7/79) 13.32.070 Grounds for issuance or denial of a permit. The Director shall determine whether to issue or deny a permit after considering the following factors: 7/79 1 m Huntington Beach Municipal Code 13.32.070(a)--13.32.110 (a) Whether the proposed commercial activity is compatible with the predominant characteristics of the harbor and its surrounding area. (b) Whether the proposed commercial activity will comply with the requirements pertaining to noise control,contained in Chapter 8.40 of this code. (c) Whether the proposed activity will have an adverse effect on the efforts to keep harbors free j of pollution and litter. (d) Whether the vessel or watercraft proposed to be used by the applicant satisfies the applicable standards of the U. S. Coast Guard. (e) Whether the proposed method of operation will create unreasonable traffic problems in the harbors which would interfere with the rights of others to use such harbors within the city. (2374-7/79) 13.32.080 Permit--Denial--Appeal. If the Director refuses to grant the permit, the applicant may, within ten days after receipt of notice of refusal to grant the permit, file an appeal in writing with the City Clerk. The City Clerk shall set the appeal for hearing before the City Council, and shall give the applicant ten days written notice prior to the date the appeals is to be heard. (2374-7/79) 13.32.090 Duration of permit. Any permit issued pursuant to the provisions of this chapter shall continue to be valid unless such permit is suspended or revoked. (2374-7/79) 13.32.100 Revocation or suspension. Any permit granted pursuant to the provisions of this chapter may be revoked or suspended by the Director, either in whole or in part, after five (5) days prior written notice to the ermittee, directing him to appear at a certain time and lace to P g PP P show cause why the permit should not be revoked or suspended on any of the following grounds: (a) That the permittee has made a misrepresentation as to any material fact set forth in the application. (b) That the permittee has not filed adequate evidence of liability insurance coverage with the city, or has allowed its insurance coverage to lapse or be cancelled. (c) For the violation of any rule,regulation or condition set forth in or authorized by this chapter. (d) For the violation of any law or regulation of the state, city, county of Orange, or the Orange County Harbor District, relating to the operation of the business by the permittee or any of his employees. (2374-7/79) 13.32.110 Public liability insurance requirement. No permittee shall engage in or carry on any commercial activity unless there is on file with the city, and in full force and effect at all times while such commercial activity is being conducted, a certificate of insurance approved by the City Attorney's office. Minimum liability insurance coverage shall be established by resolution of the City Council. Such public liability insurance policy shall indemnify, defend and hold harmless the city, City Council, elective and appointive officers, employees, boards and commissions of the city while acting within the scope of their official duties against all claims arising out of or in connection with the activity for which the permit was obtained. Failure of any permittee to maintain the insurance required by this section shall constitute grounds for irevocation or suspension of this permit. (2374-7/79) -7/79 i • i4 r I CityClerk' s Office - Chamber Book (FC) - { 6) ------------ Counter book,Tony,s Book, Evelyn 's Book Drawer ; Laura s Book HUNTINGTON BEACHL -- MUNICIPAL CODE UPDATES (11/16/94) I Prepared by: I Office of the City Clerk == Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Please Remove from Code Please Add to Code Chapter 2.100 Chapter 2.100 Chapter 8.20 Chapter 8.20 Chapter 10.44 Chapter 10.44 Chapter 10.48 Chapter 10.48 Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 Ord 3255/3256/3257 d8afiles\clerManUnunicd 19 t � Huntington Beach Municipal Code 2.100.010-2.100.070 Chapter 2.100 OPERATING POLICY FOR BOARDS AND COMNIISSIONS (2896-6/87, 3124-12/91,3250-10194,3256-11/94) Sections: 2.100.010 Establishment 2.100.020 Definitions 2.100.030 Budget 2.100.040 Staff 2.100.050 Staff liaison and residency 2.100.060 Service limitation 2.100.070 Employment limitation 2.100.080 Duration of terms . 2.100.085 Attendance 2.100.090 Open meetings 2.100.100 Rules 2.100.110 Applicability 2.100.010 Establishment. All advisory boards and commissions'shall be established by ordinance. Committees may be established by resolution. The enabling document may establish the duration, manner of appointment, term of office, and powers and duties. (2896-6/87, 3124-12/91) 2.100.020 Definitions. - (a) Board-a body of members appointed pursuant to Huntington Beach Charter section 405 to serve in a continuing advisory capacity to the City Council, except for such Boards which have decision making authority pursuant to the particular establishing ordinance creating such Board; (3250-10/94) (b) Commission-a body of members appointed pursuant to Huntington Beach Charter section 405 which may have decision making authority in those activities delegated to them by the City Council; (c) Committee- a body of members appointed pursuant to Huntington Beach Charter section 405 on an ad hoc basis to advise the City Council on particular matters. (2896-6/87) 2.100.030 Budget. When deemed necessary, the City Council may cause to be set aside in the budget for each fiscal year an amount necessary for the functioning of such boards and commissions. (2896- 6/87) 2.100.040 Staff. The city shall assign a staff liaison to each board and commission. (2896-6/87) 2.100.050 Staff liaison and residency. Unless otherwise specified, each board or commission is to be assigned one staff liaison specified by the City Council. All members of boards and commission shall be residents and electors of the City of Huntington Beach. (2896-6/87) 2.100.060 Service limitation. No person shall serve on more than one board or commission at any one time. No person shall serve more than two (2)consecutive terms on any one(1)board or commission. In the event a person is appointed to fill an unexpired term and more than two (2)years remains of the term,the appointment to it shall be considered a full term for purposes of the two(2) term limitation. (2896-6187, 3255-11/94) 2.100.070 Employment limitation. No person serving on any board or commission shall hold any full or part-time paid office or employment in the Huntington Beach personnel system while so serving, unless otherwise specified. (2896-6/87) 11/94 2.100.080-2.100.110 Huntington Beach Municipal Code r r 2.100.080 Duration of terms. Members shall serve until their respective successors are appointed and qualified. The City Council shall have the power to fill any vacancies. Unless otherwise specified, terms of members of boards and commissions shall be four(4)years, staggered so that the majority of terms shall end in odd-numbered years following the election of four(4)council members and remainder of the terms shall end in odd-numbered years following the election of three(3)council members. (2896-6/87) 2.100.085 Attendance. Any person appointed to any city board, commission, or committee shall automatically vacate the office upon a fifth(5th)unexcused absence during a calendar year or upon more than three(3) consecutive absences at any time during the term of office. The appointing authority shall appoint a successor to fill the vacancy. (3124-12/91) 2.100.090 Open meetings. All meetings of boards and commissions shall be open to the public unless subject to the closed session exceptions contained in the Ralph M. Brown Act(Government Code section 54950). (2896-6/87) t 2.100.100 Rules. Each board and commission may adopt such bylaws and rules as may be necessary or convenient for the conduct of its business, subject to approval of the City Council. (2896-6/87) 2.100.110 Applicability. This chapter shall apply to all boards and commissions, unless an ordinance enacted after the date of this section establishes different requirements;provided, however, the service limitation set forth in section 2.100.060 shall not apply to the Personnel Commission. (3124-12/91) I 11/94 Huntington Beach Municipal Code 8.20.010-8.20.010(f Chapter 8.20 n REFUSE (250-11/22,1688-12/71,1788-11/72,1974-5/75,2450-9/80,2675-2/84,2890-3/87,2952-8/88,3149-8/92,3255-11/94) Sections: 8.20.010 Definitions 8.20.015 Residential Curbside Collection Charge 8.20.020 Leaving in public places 8.20.030 Occupant responsible for premises 8.20.035 Owner liable for premises 8.20.040 Accumulation prohibited 8.20.050 Storage 8.20.060 Containers--location 8.20.070 Container--interference ` 8.20.080 Container--improper substances 8.20.090 Collection--manner 8.20.100 Collection--unit of service 8.20.110 Collection--other premises 8.20.120 Collection--excluded refuse 8.20.130 Collection--City contract 8.20.140 Transportation--conveyance approval 8.20.150 Disposal methods 8.20.260 Violation--penalty -- 8.20.010 Definitions. The following definitions shall apply in the interpretation and enforcement of these regulations: (a) 'Basic level of service" means that level of collection and disposal service necessary to collect refuse generated by an average family in one unit of service, as specifically provided in any given contract between the City and any person for collection of such refuse, or as provided by resolution of the City Council. Refuse items or substances excluded from collection by regulation of the Director or by contract, as hereinafter provided; refuse capable thereof which has not been placed in containers or bundles within the weight and size limits hereinafter set forth for containers or bundles, any unit of refuse which exceeds four feet in length or which exceeds forty pounds in weight, and any amount of refuse in excess of that provided by such contract or such resolution as that generated by an average family in one unit of service, are excluded from the "basic level of service." (b) "City Refuse Collector" means any collector either employed by or under contract with the City to provide removal, transportation, and disposition of refuse from residents and users of premises within the City, other than one who does so from his own premises. (c) "Collection" means pickup, removal, transportation or disposition of refuse, except by a person with refuse from premises owned, occupied or used by such person, as hereinafter provided. (d) "Director" means the Huntington Beach Director of Public Works or his authorized representative. (e) "Garbage" means all putrescible solid wastes, including but not limited to vegetable matter, discarded food containers or other matter that attends the preparation, consumption, packing, canning, storage and decay of meats, fish, fowls, vegetables and fruit intended for human and animal consumption, excluding human excrement. (3149-8/92) (f) Non-unit of service" means and includes all locations specifically excluded from subsection (k). 11/94 p R ' D P 8.20.010(g)-8.20.035 Huntington Beach Municipal Code r (g) "Person means any individual, firm, governmental unit, organization, partnership, corporation, company or other entity. �1 (h) "Refuse" means garbage and solid waste and shall not include sewage waste or wastewater, explosive substances, radioactive materials, materials which have been exposed to highly infectious or contagious diseases, or other hazardous materials. (i) "Rubbish" means all nonputrescible solid wastes, including but not limited to special handling items such as trees, tree limbs, logs, automobile bodies, motor vehicle parts, building materials, appliances, household goods, sod and dirt, metal, wood and rock. (j) "Solid wastes" means combustible and noncombustible waste materials not included in the term "garbage" and shall include tree and shrubbery trimmings, lawn renovations, grass, weeds, leaves, chips, paper, pasteboard, magazines,,books, rags, rubber, carpet, clothing, boots, shoes, hats, furniture, bedding, bottles, cans, metals, mineral matter, glass, crockery, dirt, dust, packing boxes and cartons, crates, packing material and all other kinds of rubbish, trash or waste material which ordinarily accumulates in the operation of a household or a business. (k) "Unit of service" means each single-family residence, and each dwelling unit within a duplex, a triplex or a fourplex receiving noncommercial refuse collection service. It shall not include any hotel, motel, lodge, hall, club, tourist camp, trailer camp, mobilehome park, church, business or industrial establishment, or any lot containing more than four dwelling units. (1688-12/71, 1788-11/72, 2450-9/80, 2675-2/84, 2890-3/87) 8.20.015 Residential Curbside Collection Charge. There shall be a charge for residential curbside collection which rates shall be established from time to time by resolution of the City Council. Such charge shall apply to persons occupying single-family dwellir: s, and each dwelling unit within a duplex, a triplex or a fourplex. A dwelling shall be deemed occupied if connected to an active water service. This charge shall not apply to persons occupying residential units such as apartments, mobilehome parks, or other multi-family complexes, who are currently contracting directly with the City Refuse Collector. (2952-8/88, 3149-8/92, 3255-11/94) Any person receiving residential curbside collection who is sixty-two years of age or older shall be exempt from the charge imposed by this section provided the combined adjusted gross income, as used for federal income tax reporting purposes of all members of the household, was less than ten thousand dollars for the calendar year prior to the fiscal year(July 1 through June 30) for which the exemption provided by this section is applied. (2952-8/88) 8.20.020 Leaving in public places. No person shall deposit, sweep, throw, discard or leave any refuse or cause such refuse to be deposited, swept, placed, thrown, discarded or left upon any public street, highway, alley, sidewalk, street parking or other public place in this City. (250-11/22, 1788-12/72) 8.20.030 Occupant responsible for premises. Every person occupying, using or controlling any premises shall keep the premises in a clean and sanitary condition, and no person shall permit any sewer effluent, excrement, slop or stagnant water, butcher offal, market refuse, garbage, dead animal or any other noxious or offensive matter of any kind, or any other substance that may become offensive, to be deposited or to remain thereon except as otherwise provided by law. (250-11/22, 1788-12/72) 8.20.035 Owner liable for premises. The owner of any premises shall be liable for the costs to the City for the enforcement of any provision of this chapter. (3149-8/92) 11/94 `Huntington Beach Municipal Code 8.20.040--8.20.070 8.20.040 Accumulation prohibited. No person occupying, using or controlling any premises shall permit any refuse to accumulate thereon, nor shall any such person maintain any accumulation of refuse thereon, unless in either event the same is stored in a manner approved by the Director or by law. (250-11/22, 1788-12/72) , 8.20.050 Storage. (a) Garbage shall be stored in a container of a type approved by the Director. Every such container shall be constructed of metal, or equally durable material, in such manner as to be strong, watertight, not easily corrodible, fly proof, and rodent proof. Such container shall have handles or other attachments designed for and capable of lifting, and shall have covers which shall be kept in place at all times, except when garbage or other refuse is being deposited or removed from such container. Such cover when in place shall fit so as to render fly proof any covered container. A sufficient number of containers shall be provided to hold at least one week's accumulation of garbage. Each garbage container shall be kept clean so that no odor or other nuisance will exist. Containers for single-family residences shall have a capacity not to exceed thirty-two gallons and shall not weigh more than sixty pounds when filled. (b) Rubbish shall be stored in such a manner that it will not provide harborage to rats, nor cause a fire hazard. (c) Equally durable nonmetallic containers may include but shall not be limited to heavy plastic or "wet strength" kraft paper throwaway refuse bags of a type approved by the Director. Such bags shall comply with all of the requirements of subsections (a) and (b) except for the requirements of handles and covers. (d) Tree trimmings and other similar matter shall be tied in bundles measuring not more than four feet long and weighing not more than forty pounds. (1688-12/71, 1788-12/72) 8.20.060 Containers--location. (a) Each refuse container and any accumulation of refuse which is for collection, shall be kept or placed in such a manner as not to be visible from the public street except during or for the time fixed for the collection thereof. During such period, any containers or any accumulation of refuse which is for collection shall be placed as follows: (1) Near alley. On the premises, within five feet of the rear property line, where there is a through alley in the rear of the premises; (2) Access from side entrance. On the premises at an accessible point adjacent to any side entrance thereto where no through alley exists; (3) At curb. At the curb in front of the premises, where no through alley or side entrance exists. (b) No refuse container nor any accumulation of refuse which is for collection, shall be placed for collection in any public way, or at any curb or in any location visible from a public street, prior to 6 p.m. on the day preceding collection; any such refuse container shall be removed prior to 10 p.m. on the day of collection. (1688-12/71, 1788-12/72, 2675-2/84) 8.20.070 Container--interference. No person except the owner thereof, his agent or employee, a duly authorized City employee, or any employee of the refuse collection contractor, shall interfere in any manner with any refuse container, or any accumulation of refuse which is for collection, nor shall any person remove such container or accumulation from the location where it shall have been placed by the owner, his agent or his employee. (1688-12/71, 1788-12/72) 11/94 ' R 6 8.20.080-8.20.120(b) Huntington Beach Municipal Code 4 8.20.080 Container--improper substances. No person shall place or cause or permit to be placed in any refuse container any substance or material other than refuse as defined in this chapter. Large items included in the definition of rubbish, exceeding four feet in length or forty pounds in weight, shall not be placed in refuse containers. Persons wishing to dispose of such large rubbish items shall inform either the Department of Public Works or the refuse collection contractor and make special arrangements to have the items removed. The refuse collection contractor may levy a charge for removal of such items under a schedule and formula to be uniformly applied, based on weight and size of the items, which formula and schedule shall have been approved by the Director. The refuse collection contractor shall not be required to collect hazardous, toxic, or liquid wastes. (1688-12171, 1788-12/72, 3149-8/92) 8.20.090 Collection manner. The owner, occupant, tenant or lessee of any premises shall remove or cause to be removed, all refuse from said premises at least once a week. The City Refuse Collector shall remove from the premises all refuse which has been properly placed for collection, whenever such refuse is of a type and in an amount provided by contract with the City. Any removal of refuse by the City Refuse Collector, or any person shall be performed in a neat, orderly and quiet fashion, without causing damage to the container or the lid. Any spilled matter shall be picked up by the person responsible for the spillage, and the premises shall be left in a clean and orderly condition. Refuse lawfully placed for collection shall be the property of the City of Huntington Beach from the time of placement until the time of collection and shall become the property of the City Refuse Collector from the time of collection to the time of disposal. (1688- 12/71, 1788-12/72, 3255-11/94) 8.20.100 Collection--unit of service. (a) The City, or some person under contract with the City to do so, shall operate and maintain a service for the collection of refuse from units of service in the City, on a regularly scheduled basis approved by resolution of the City Council, not less frequently than once each week. The Director may by regulation exclude from such service any item or substance deemed \ hazardous, obnoxious or otherwise inappropriate for such service. (b) All refuse included in the basic level of service, which is generated, accumulated, and lawfully placed for collection at any unit of service in the City, shall be collected exclusively by the City Refuse Collector. (1688-12/71, 1788-12/72, 2450-9/80) 8.20.110 Collection--other premises. Any premises, other than units of service, shall use the collection service operated by the City Refuse Collector, as hereinbefore provided, for refuse not excluded from the basic level of service which is generated, accumulated, and lawfully placed for collection. (1688-12/71, 1788-12/72, 2450-9/80, 2890-3/87) 8.20.120 Collection--excluded refuse. (a) The owner or occupant of each and every premises in the City which generates refuse excluded from the basic level of service, and the owner or occupant of premises other than a unit of service who personally collects, conveys and disposes of refuse generated on the premises, shall remove and dispose of such excluded refuse in a manner approved by the Director and consistent with the provisions of this chapter. (b) The City Refuse Collector shall make available bins and drop-off bodies, provide additional collections not required by this chapter, pick up refuse at points other than as required in this chapter or provide for the collection of greater volumes of refuse per collection than required in this chapter, any or all of these additional services at the request of the person or business being served. The City refuse collection may make a direct charge in each instance for such 11/94 u Huntington Beach Municipal Code 8.20.120(b)--8.20.260(d) additional service under a written agreement which shall be subject to the approval of the ,-- Director and at such rates as are reasonable,just and uniform for all persons or businesses being served. All such direct charges shall be collected by the City Refuse Collector. (c)The Director may, by written permit, authorize provision of bins and drop-off bodies if the City Refuse Collector fails to provide such service within five (5) calendar days after a customer order and such service is not thereafter provided within forty-eight (48) hours after notice to the City's Refuse Collector of such failure by the Director. (1688-12/71, 1788-12/72, 2450-9/80, 2890-3/87) i (d) The Director may, by written order, require the manager of any apartment complex or operator of any business enterprise to provide containers or bins of sufficient size and storage capacity so as to adequately service the premises in question. (3149-8/92) 8.20.130 Collection--City contract. Any other provision of this code to the contrary notwithstanding, the City may enter into contracts with responsible persons for the collection of refuse within the City utilizing such procurement procedures and upon such terms and conditions as are deemed appropriate by the City Council. (1688-12/71, 1788-12/72, 1974-5/75, 2450-9/80) 8.20.140 Transportation--conveyance approval. No Refuse Collector shall transport refuse in a conveyance that has not been approved by the Director. All vehicles used in collecting and transporting refuse shall be provided with metal bodies so constructed as to be leakproof and to prevent loss, spillage or blowing away of any contents collected or transported within the City. Such vehicles shall be thoroughly cleaned to eliminate odors and decayed materials. (1688-12/71, 1788-12/72, 2890-3/87) 8.20.150 Disposal methods. No Refuse Collector or other person shall dispose of refuse, except �. in a manner approved by the Director and consistent with the provisions of this chapter. (1688-12/71, 1788-12/72, 2450-9/80, 2890-3/87, 3149-8/92) 8.20.260 Violation--penalty. (a) Any person who violates any provision of this chapter shall be guilty of an INFRACTION. (3149-8/92) (b) The provisions of this chapter shall be enforced by City Police and Code Enforcement Officers. (1688-12/71, 1788-12/82, 3149-8/92, 3255-11/94) I (c) The Director shall make such rules as may be necessary, reasonable and proper to enforce the provisions of this chapter. (3149-8/92) (d) Any person adversely impacted by a ruling made by the Director pursuant to this chapter may appeal same by following the procedure described in Section 5.40.070 and 5.40.080 of this code. (3149-8/92) 11/94 t ' r Huntington Beach Municipal Code 10.44.010--10.44.060(b) Chapter 10.44 PARKING-TIME LIMITS (255-2/33, 276-11/25, 322-1/29, 373-7/34, 533-7/48, 566-11/50, 1155-8/65, 1935-11/74, 2115-11/76, 2177-5/77, 2276-5/78, 2514-12/81, 2644-12/83, 2692-7/84, 2795-10185, 2855-12/86, 3011-9/89, 3136-5/92, 3257-11/94) Sections: 10.44.010 Twenty-four minute maximum 10.44.020 Twelve or twenty-four minutes--Violation 10.44.030 One-hour parking 10.44.040 Two-hour parking 10.44.050 Penalty--Continuing violations 10.44.060 Oversized vehicle parking regulations 10.44,065 Exceptions 10.44.070 Arterial highway oversize vehicle parking regulations 10.44.010 Twenty-four minute maximum. Green curb marking shall mean no standing or parking for a period of time longer than twenty-four(24) minutes at any time. (276-11/25, 322-1/29, 533-7/48, 1155-8/65, 3257-11/94) 10.44.020 Twelve or twenty-four minutes--Violation. When authorized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle adjacent to any such legible curb marking or sign in violation thereof. (276-11/25, 322-1/29, 533-7/48, 1155-8/65) 10.44.030 One-hour parkin. When authorized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of 9 a.m. and 6 p.m. of any day except Sundays and holidays for a period of time longer than one hour. (255-2/23, 566-11/50, 1155-8/65) 10.44.040 Two-hour parking. When authorized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park the vehicle between the hours of 9 a.m. and 6 p.m. of any day except Sundays and holidays for a period of time longer than two hours. (322-1/29, 373-7/34, 1155-8/65) 10.44.050 Penalty--Continuing violations. Any person violating any provision of this chapter shall, upon a conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed one hundred dollars ($100), provided further that each period of time a vehicle is left parked after the initial violation of such provisions shall be deemed a separate offense, equal to the maximum legal parking time for the particular time zone or parking space as designated in sections setting the maximum legal time. (1155-8/65, 2276-5/78) 10.44.060 Oversized vehicle parking regulations. No person shall park or leave standing upon any public street or highway in a residential district: (a) Any motor vehicle over twenty-five (25) feet long measured from the extreme forward point to the extreme rear point, including extensions; (b) Any motor vehicle, over ninety-six (96) inches wide, measured at its widest point excluding side-view mirrors or similar extensions, designed, used or maintained for the transportation of property; C„ 11/94 Y ' 10.44.060(c)--10.44.070(a) Huntington Beach Municipal Code (c) Any motor vehicle, including buses, motor trucks, trailers, semitrailers, trailer coaches, or truck tractors as defined in the Vehicle Code, over ninety-six (96) inches wide, measured at its widest point excluding side-view mirrors or similar extensions, designed, used or maintained for the transportation of property; (d) Any motor vehicle which is designed, used or maintained as farm machinery or a special purpose or equipment machine; or (e) Any nonmotorized vehicle, such as a semitrailer, trailer, trailer coach, utility trailer, two or more axle camper, or a one-axle camper, which has been detached from its drawing vehicle for a period not to exceed twenty-four (24) hours. (1935-11/74, 2115-11/76, 2514-12/81, 2855-12/86) 10.44.065 Exceptions. Section 10.44.060 shall not apply to the following: (a) Any oversized recreational motor vehicle, as defined by California Health and Safety Code section 18010 or any amendments thereto, while parked or standing for the purpose of loading or unloading passengers or property for a period not to exceed twenty-four (24) hours; (3136-5/92) (b) Any oversized motor vehicle parked while used in performing or assisting in performing services or repairs on residential property; (c) Any oversized motor vehicle which is parked for not more than twenty-four(24) consecutive hours to make emergency repairs to such vehicle; and (d) Any nonmotorized vehicle, such as a semitrailer, trailer, trailer coach, utility trailer, two or more axle camper, or a one-axle camper which has been detached from its drawing vehicle parked for a period not to exceed four (4) hours in any area other than a residential district. (1935-11/74, 2115-11/76, 2514-12/81, 2855-12/86) 10.44.070 Arterial highway oversize vehicle parking regulations. (a) Except as provided in subsection(b) and (c) hereof, no person shall park or leave standing upon any arterial highway between the hours of 9 p.m. and 4 a.m., or for longer than two (2) hours at any other time, any motor vehicle over eighty-four (84) inches high, measured from the surface of the roadway to its highest point, or over eighty-four (84) inches wide, measured from its widest point, excluding side view mirrors or similar extensions on any of the following highways in the City of Huntington Beach: Adams Avenue Edinger Avenue McFadden Avenue Algonquin Street Edwards Street Newland Street Argosy Avenue Ellis Avenue Pacific Coast Highway Atlanta Avenue Garfield Avenue Seventeenth Street Banning Avenue Goldenwest Street Slater Avenue Beach Boulevard Gothard Street Springdale Street Bolsa Avenue Graham Street Talbert Avenue Bolsa Chica Street Hamilton Avenue Ward Street Brookhurst Street Heil Avenue Warner Avenue Bushard Street Indianapolis Avenue Yorktown Avenue Center Avenue Magnolia Street (2177-5/77, 2644-12/83, 2692-7/84, 2795-10/85, 2855-12/86, 3011-9/89) 11/94 t Huntington Beach Municipal Code 10.48.010--10.48.050(c) Chapter 10.48 LOADING ZONES (322-1/29, 422-3/39, 1155-8/65, Urg Ord 1491-4/69, 1958-3/75,2044-5/76, 2276-5/78, 3257-11/94) Sections: 10.48.010 Authority to establish 10.48.020 Size limitation 10.48.030 Color identification 10.48.040 Passenger zones identified 10.48.050 Curb marking placement 10.48.060 Maximum time--Materials 10.48.070 Maximum time--Passengers 10.48.080 Maximum time--Abuse not permitted 10.48.090 Yellow loading zone 10.48.100 Passenger loading zone 10.48.110 Standing in alley 10.48.120 Bus zones 10.48.130 Morning parking restrictions 10.48.140 Loading permits 10.48.150 Extended loading time prohibited where 10.48.160 Violation--Penalty i 10.48.010 Authority to establish. The Director of Public Works is authorized to mark loading zones and passenger loading zones adjacent to the entrance to any place of business or adjacent to any hall or place used for the purpose of public assembly. (322-1/29, 1155-8/65) 10.48.020 Size limitation. In no event shall more than one-half of the total curb length in any block be reserved for loading zone purposes. (322-1/29, 1155-8/65) 10.48.030 Color identification. Loading zones shall be indicated by yellow paint upon the top of all curbs within such zones. (322-1/29, 1155-8/65) 10.48.040 Passenger zones identified. Passenger loading zones shall be indicated by white paint upon the top of all curbs in said zones. (322-1/29, 1155-8/65) 10.48.050 Curb marking placement. The Director of Public Works is authorized, subject to the provisions and limitations of this chapter, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations and said curb markings shall have the meanings as herein set forth: (a) Red means no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signaled as a bus stop. (b) Yellow means no stopping, standing or parking at any time for any purpose other than the loading or unloading of passengers or materials provided that the loading or unloading of passengers shall not consume more than three (3)minutes nor the loading or unloading of materials more than twenty (20) minutes. (3257-11/94) (c) White means no stopping, standing or parking at any time for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mailbox, which shall not exceed three (3) minutes except that when such zone is in front of a theater or church, the restrictions shall not apply when such theater or church is closed. (3257-11/94) 11/94 10.48.050(d)--10.48.150 Huntington Beach Municipal Code (d)When the Director of Public Works, as authorized under this chapter, has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb markings in violation of any of the provisions of this section. (e) Blue means no stopping, standing or parking at any time except for physically-handicapped persons whose vehicles display either one of the distinguishing license plates issued to disabled persons pursuant to section 22511.5 of the California Vehicle Code or to disabled veterans as specified in section 9105 of the California Vehicle Code. (urg Ord 1491-4/69, 2044-5/76, 1155-8/65) 10.48.060 Maximum time--Materials. Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials shall not extend beyond the time necessary therefor, and in no event for more than twenty minutes. (1155-8/65) 10.48.070 Maximum time--Passengers. Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no event for more than three minutes. (1155-8/65) 10.48.080 Maximum time--Abuse not permitted. Within the total time limits above, the provisions of this chapter shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted. (1155-8/65) 10.48.090 Yellow loading zones. No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other-than loading or unloading passengers or material for such times as are permitted in Sections 10.48.060 through 10.48.080. (322-1/29, 1155-8/65) 10.48.100 Passenger loading zone. No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in Sections 10.48.060 through 10.48.080. (322-1/29, 1155-8/65) 10.48.110 Standing in alley. No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley. (322-1/29, 1155-8165) 10.48.120 Bus zones. The Director of Public Works is authorized to establish bus zones opposite curb space for the loading or unloading of buses or common carriers of passengers and to determine the location thereof. (1155-8/65) 10.48.130 Morning parking restrictions. It is unlawful for any operator of any motor truck to park the same except between the hours of 4 a.m. and 9 a.m. on Main Street between Ocean Avenue and Olive Avenue in this city, and on Walnut Avenue between Third Street and Fifth Street in this city except at loading zones regularly designated and marked. (422-3/39, 1155-8/65) 10.48.140 Loading permits. The Director of Public Works may issue a special permit to an operator of a motor truck to park on said streets for the purpose of loading and unloading personal property in cases of emergency or necessity, and for the loading and unloading of building material and bulky articles to and from business houses located on said streets and property fronting thereon. No loading zones shall be designated or marked on Main Street between Ocean Avenue and Olive Avenue. (1155-8/65) 10.48.150 Extended loading time prohibited where. No person shall park or leave standing any vehicle except for loading purposes as defined in section 10.04.070 of this code in any of the following places: i 11/94 Huntington Beach Municipal Code 10.48.150(a)--10.48.160 (a) Hospital entrance. At any curb within twenty-five (25) feet of the entrance of any hospital. (b) Police station. At any curb within fifty (50) feet of the entrance to any police station. (c) Fire hydrant. At any curb within fifteen (15) feet of a fire hydrant. (322-1/29, 1958-3/75) 10.48.160 Violation--Penalty. Any person violating any provision of this chapter shall, upon conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed one hundred dollars ($100). (2276-5/78) f 11/94 ^ b Huntington Beach Municipal Code 2.100.010-2.100.070 Chanter 2.100 OPERATING POLICY FOR BOARDS AND COMMISSIONS (2896-6/87, 3124-12/91, 3250-10/94) Sections: 2.100.010 Establishment 2.100.020 Definitions 2.100.030 Budget 2.100.040 Staff 2.100.050 Staff liaison and residency 2.100.060 Service limitation 2.100.070 Employment limitation 2.100.080 Duration of terms 2.100.085 Attendance 2.100.090 Open meetings 2.100.100 Rules 2.100.110 Applicability 2.100.010 Establishment. All advisory boards and commissions shall be established by ordinance. Committees may be established by resolution. The enabling document may establish the duration, manner of appointment, term of office, and powers and duties. (2896-6/87, 3124-12/91) 2.100.020 Definitions. (a) Board - a body of members appointed pursuant to Huntington Beach Charter section 405 to serve in a continuing advisory capacity to the City Council, except for such Boards which have decision making authority pursuant to the particular establishing ordinance creating such Board; (3250-10/94) (b) Commission- a body of members appointed pursuant to Huntington Beach Charter section 405 which may have decision making authority in those activities delegated to them by the City Council; (c) Committee - a body of members appointed pursuant to Huntington Beach Charter section 405 on an ad hoc basis to advise the City Council on particular matters. (2896-6/87) 2.100.030 Budget. When deemed necessary, the City Council may cause to be set aside in the budget for each fiscal year an amount necessary for the functioning of such boards and commissions. (2896-6/87) 2.100.040 Staff. The city shall assign a staff liaison to each board and commission. (2896-6/87) 2.100.050 Staff liaison and residency. Unless otherwise specified, each board or commission is to be assigned one staff liaison specified by the City Council. All members of boards and commission shall be residents and electors of the City of Huntington Beach. (2896-6/87) 2.100.060 Service limitation. No person shall serve on more than one board or commission at any one time. No person shall serve more than two (2) consecutive terms on any one (1) board or commission. Provided, however, that persons serving on the effective date of this ordinance may complete their current terms and, if reapppointed, one additional term thereafter. (2896-6/87) 2.100.070 Employment limitation. No person serving on any board or commission shall hold any full or part-time paid office or employment in the Huntington Beach personnel system while so serving, unless otherwise specified. (2896-6/87) 10/94 2.100.080--2.100.110 Huntington Beach Municipal Code 2.100.080 Duration of terms. Members shall serve until their respective successors are appointed and qualified. The City Council shall have the power to fill any vacancies. Unless otherwise specified, terms of members of boards and commissions shall be four(4) years, staggered so that the majority of terms shall end in odd-numbered years following the election of four (4) council members and remainder of the terms shall end in odd-numbered years following the election of three (3) council members. (2896-6/87) 2.100.085 Attendance. Any person appointed to any city board, commission, or committee shall automatically vacate the office upon a fifth (5th)unexcused absence during a calendar year or upon more than three (3) consecutive absences at any time during the term of office. 'The appointing authority shall appoint a successor to fill the vacancy. (3124-12/91) 2.100.090 Open meetings. All meetings of boards and commissions shall be open to the public unless subject to the closed session exceptions contained in the Ralph M. Brown Act (Government Code section 54950). (2896-6/87) 2.100.100 Rules. Each board and commission may adopt such bylaws and rules as may be necessary or convenient for the conduct of its business, subject to approval of the City Council. (2896-6/87) 2.100.110 Applicability. This chapter shall apply to all boards and commissions, unless an ordinance enacted after the date of this section establishes different requirements; provided, however, the service limitation set forth in section 2.100.060 shall not apply to the Personnel Commission. (3124-12/91) 10/94 Huntington Beach Municipal Code 8.20.010--8.20.010(c) Chapter 8.20 REFUSE (250-11/22, 1688-12/71, 1788-11/72, 1974-5175,2450-9180,2675-2184,2890-3/87,2952-8/88,3149-8/92) Sections: 8.20.010 Definitions 8.20.015 Residential Curbside Collection Charge 8.20.020 Leaving in public places 8.20.030 Occupant responsible for premises 8.20.035 Owner liable for premises 8.20.040 Accumulation prohibited 8.20.050 Storage 8.20.060 Containers--location k 8.20.070 Container--interference 8.20.080 Container--improper substances 8.20.090 Collection--manner 8.20.100 Collection--unit of service 8.20.110 Collection--other premises 8.20.120 Collection--excluded refuse 8.20.130 Collection--City contract 8.20.140 Transportation--conveyance approval 8.20.150 Disposal methods 8.20.160 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.170 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.180 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.190 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.200 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.210 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.220 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.230 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.240 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.250 Repealed, Ordinance No. 2450, 16 Aug 80 8.20.260 Violation--penalty 8.20.010 Definitions. The following definitions shall apply in the interpretation and enforcement of these regulations: (a) 'Basic level of service" means that level of collection and disposal service necessary to collect refuse generated by an average family in one unit of service, as specifically provided in any given contract between the City and any person for collection of such refuse, or as provided by resolution of the City Council. Refuse items or substances excluded from collection by regulation of the Director or by contract, as hereinafter provided; refuse capable thereof which has not been placed in containers or bundles within the weight and size limits hereinafter set forth for containers or bundles, any unit of refuse which exceeds four feet in length or which exceeds forty pounds in weight, and any amount of refuse in excess of that provided by such contract or such resolution as that generated by an average family in one unit of service, are excluded from the "basic level of service." (b) "City Refuse Collector" means any collector either employed by or under contract with the City to provide removal,transportation, and disposition of refuse from residents and users of premises within the City, other than one who does so from his own premises. (c) "Collection" means pickup, removal,transportation or disposition of refuse, except by a person with refuse from premises owned, occupied or used by such person, as hereinafter provided. 8/92 i! h 8.20.010(d)--8.20.020 Huntington Beach Municipal Code (d) "Director" means the Huntington Beach Director of Public Works or his authorized representative. (e) "Garbage" means all putrescible solid wastes, including but not limited to vegetable matter, discarded food containers or other matter that attends the preparation, consumption, packing, canning, storage and decay of meats,fish, fowls,vegetables and fruit intended for human and animal consumption, excluding human excrement. (3149-8/92) (f) "Non-unit of service" means and includes all locations specifically excluded from subsection (k). (g) "Person" means any individual, firm, governmental unit, organization,partnership, corporation, company or other entity. (h) "Refuse" means garbage and solid waste and shall not include sewage waste or wastewater, explosive substances, radioactive materials, materials which have been exposed to highly infectious or contagious diseases, or other hazardous materials. (i) "Rubbish" means all nonputrescible solid wastes, including but not limited to special handling items such as trees,tree limbs, logs, automobile bodies, motor vehicle parts, building materials, appliances,household goods, sod and dirt,metal, wood and rock. (j) "Solid wastes" means combustible and noncombustible waste materials not included in the term "garbage" and shall include tree and shrubbery trimmings, lawn renovations, grass, weeds, leaves, chips, paper,pasteboard, magazines, books, rags, rubber, carpet, clothing, boots, shoes,hats, furniture,bedding,bottles, cans, metals, mineral matter, glass, crockery, dirt, dust, packing boxes and cartons, crates, packing material and all other kinds of rubbish, trash or waste material which ordinarily accumulates in the operation of a household or a business. I (k) "Unit of service" means each single-family residence, and each dwelling unit within a duplex, a triplex or a fourplex receiving noncommercial refuse collection service. It shall not include any hotel, motel, lodge,hall, club, tourist camp, trailer camp, mobilehome park, church, business or industrial establishment, or any lot containing more than four dwelling units. (1688-12/71, 1788-11/72,2450-9/80,2675-2/84, 2890-3/87) 8.20.015 Residential Curbside Collection Charge. There shall be a charge for residential curbside collection which rates shall be established from time to time by resolution of the City Council. Such charge shall apply to persons occupying single-family dwellings, and each dwelling unit within a duplex, a triplex or a fourplex. This charge shall not apply to persons occupying residential units such as apartments, mobilehome parks, or other multi-family complexes,who are currently contracting directly with the City Refuse Collector. (2952-8/88, 3149-8/92) Any person receiving residential curbside collection who is sixty-two years of age or older shall be exempt from the charge imposed by this section provided the combined adjusted gross income, as used for federal income tax reporting purposes of all members of the household, was less than ten thousand dollars for the calendar year prior to the fiscal year(July 1 through June 30) for which the exemption provided by this section is applied. (2952-8/88) 8.20.020 Leaving in public places. No person shall deposit, sweep,throw, discard or leave any refuse or cause such refuse to be deposited, swept,placed, thrown, discarded or left upon any public street, highway, alley, sidewalk, street parking or other public place in this City. (250- 11/22, 1788-12/72) 8/92 I ' ' a Huntington Beach Municipal Code 8.20.030--8.20.060(a)(3) 8.20.030 Occupant responsible for premises. Every person occupying, using or controlling any premises shall keep the premises in a clean and sanitary condition, and no person shall permit any sewer effluent, excrement, slop or stagnant water, butcher offal, market refuse, garbage, dead animal or any other noxious or offensive matter of any kind, or any other substance that may become offensive,to be deposited or to remain thereon except as otherwise provided by law. (250-11/22, 1788-12/72) 8.20.035 Owner liable for premises. The owner of any premises shall be liable for the costs to the City for the enforcement of any provision of this chapter. (3149-8/92) 8.20.040 Accumulation prohibited. No person occupying, using or controlling any premises shall permit any refuse to accumulate thereon, nor shall any such person maintain any accumulation of refuse thereon, unless in either event the same is stored in a manner approved by the Director or bylaw. (250-11122, 1788-12/72) 8.20.050 Storage. (a) Garbage shall be stored in a container of a type approved by the Director. Every such container shall be constructed of metal, or equally durable material, in such manner as to be strong, watertight, not easily corrodible, fly proof, and rodent proof. Such container shall have handles or other attachments designed for and capable of lifting, and shall have covers which shall be kept in place at all times,except when garbage or other refuse is being deposited or removed from such container. Such cover when in place shall fit so as to render fly proof any covered container. A sufficient number of containers shall be provided to hold at least one week's accumulation of garbage. Each garbage container shall be kept clean so that no odor or other nuisance will exist. Containers for single-family residences shall have a / capacity not to exceed thirty-two gallons and shall not weigh more than sixty pounds when filled. (b) Rubbish shall be stored in such a manner that it will not provide harborage to rats, nor cause a fire hazard. (c) Equally durable nonmetallic containers may include but shall not be limited to heavy plastic or "wet strength" kraft paper throwaway refuse bags of a type approved by the Director. Such bags shall comply with all of the requirements of subsections (a) and (b) except for the requirements of handles and covers. (d) Tree trimmings and other similar matter shall be tied in bundles measuring not more than four feet long and weighing not more than forty pounds. (1688-1291, 1788-12/72) 8.20.060 Containers--location. (a) Each refuse container and any accumulation of refuse which is for collection, shall be kept or placed in such a manner as not to be visible from the public street except during or for the time fixed for the collection thereof. During such period, any containers or any accumulation of refuse which is for collection shall be placed as follows: (1) Near alley. On the premises, within five feet of the rear property line,where there is a through alley in the rear of the premises; (2) Access from side entrance. On the premises at an accessible point adjacent to any side entrance thereto where no through alley exists; (3) At curb. At the curb in front of the premises,where no through alley or side entrance exists. 8/92 8.20.060(b)--8.20.120(a) Huntington Beach Municipal Code (b) No refuse container nor any accumulation of refuse which is for collection, shall be placed for collection in any public way, or at any curb or in any location visible from a public street, prior to 6 p.m. on the day preceding collection; any such refuse container shall be removed prior to 10 p.m. on the day of collection. (1688-12/71, 1788-12/72,2675-2/84) 8.20.070 Container--interference. No person except the owner thereof, his agent or employee, a duly authorized City employee, or any employee of the refuse collection contractor, shall interfere in any manner with any refuse container, or any accumulation of refuse which is for collection, nor shall any person remove such container or accumulation from the location where it shall have been placed by the owner, his agent or his employee. (1688-12/71, 1788-12/72) 8.20.080 Container--improper substances. No person shall place or cause or permit to be placed in any refuse container any substance or material other than refuse as defined in this chapter. Large items included in the definition of rubbish, exceeding four feet in length or forty pounds in weight, shall not be placed in refuse containers. Persons wishing to dispose of such large rubbish items shall inform either the Department of Public Works or the refuse collection contractor and make special arrangements to have the items removed. The refuse collection contractor may levy a charge for removal of such items under a schedule and formula to be uniformly applied, based on weight and size of the items, which formula and schedule shall have been approved by the Director. The refuse collection contractor shall not be required to collect hazardous, toxic, or liquid wastes. (1688-12/71, 1788-12/72,3149-8/92) 8.20.090 Collection manner. The owner, occupant, tenant or lessee of any premises shall remove or cause to be removed, all-garbage from said premises at least once a week. The City Refuse Collector shall remove from the premises all refuse which has been placed for collection, which refuse is of a type and in an amount provided by contract with the City. Any removal of refuse by the City Refuse Collector, any Refuse Collector, or any person shall be performed in a neat, orderly and quiet fashion, without causing damage to the container or the lid. Any spilled II matter shall be picked up by the person responsible for the spillage, and the premises shall be left in a clean and orderly condition. Refuse shall be the property of the collector thereof from the time of pickup to the time of disposal. (1688-12/71, 1788-12/72) 8.20.100 Collection--unit of service. (a) The City, or some person under contract with the City to do so, shall operate and maintain a service for the collection of refuse from units of service in the City, on a regularly scheduled basis approved by resolution of the City Council,not less frequently than once each week. The Director may by regulation exclude from such service any item or substance deemed ` hazardous, obnoxious or otherwise inappropriate for such service. (b) All refuse included in the basic level of service,which is generated, accumulated, and lawfully placed for collection at any unit of service in the City, shall be collected exclusively by the City Refuse Collector. (1688-12/71, 1788-12/72,2450-9/80) 8.20.110 Collection--other premises. Any premises, other than units of service, shall use the collection service operated by the City Refuse Collector, as hereinbefore provided, for refuse not excluded from the basic level of service which is generated, accumulated, and lawfully placed for collection. (1688-12/71, 1788-12/72,2450-9/80,2890-3/87) 8.20.120 Collection--excluded refuse. (a) The owner or occupant of each and every premises in the City which generates refuse excluded from the basic level of service, and the owner or occupant of premises other than a unit of service who personally collects, conveys and disposes of refuse generated on the premises, shall remove and dispose of such excluded refuse in a manner approved by the Director and consistent with the provisions of this chapter. 8/92 Huntington Beach Municipal Code 8.20.120(b)--8.20.260(d) (b) The City Refuse Collector shall make available bins and drop-off bodies,provide additional collections not required by this chapter,pick up refuse at points other than as required in this chapter or provide for the collection of greater volumes of refuse per collection than required in this chapter, any or all of these additional services at the request of the person or business being served. The City refuse collection may make a direct charge in each instance for such additional service under a written agreement which shall be subject to the approval of the Director and at such rates as are reasonable,just and uniform for all persons or businesses being served. All such direct charges shall be collected by the City Refuse Collector. (c) The Director may, by written permit, authorize provision of bins and drop-off bodies if the City Refuse Collector fails to provide such service within five (5) calendar days after a customer order and such service is not thereafter provided within forty-eight(48)hours after notice to the City's Refuse Collector of such failure by the Director. (1688-12/71, 1788-12/72, 2450-9/80,2890-3/87) 1\ (d) The Director may, by written order, require the manager of any apartment complex or operator of any business enterprise to provide containers or bins of sufficient size and storage capacity so as to adequately service the premises in question. (3149-8/92) 8.20.130 Collection--City contract. Any other provision of this code to the contrary notwithstanding,the City may enter into contracts with responsible persons for the collection of refuse within the City utilizing such procurement procedures and upon such terms and conditions as are deemed appropriate by the City Council. (1688-12/71, 1788-12/72, 1974-5/75,2450-9/80) 8.20.140 Transportation--conveyance approval. No Refuse Collector shall transport refuse in a conveyance that has not been approved by the Director. All vehicles used in collecting and transporting refuse shall be provided with metal bodies so constructed as to be leakproof and to prevent loss, spillage or blowing away of any contents collected or transported within the City. Such vehicles shall be thoroughly cleaned to eliminate odors and decayed materials. (1688-12/71, 1788-12/72,2890-3/87) 8.20.150 Disposal methods. No Refuse Collector or other person shall dispose of refuse, except in a manner approved by the Director and consistent with the provisions of this chapter. (1688-12/71, 1788-12/72,2450-9/80,2890-3/87, 3149-8/92) 8.20.260 Violation--penalty. (a) Any person who violates any provision of this chapter shall be guilty of an INFRACTION. (3149-8/92) (b) The provisions of this chapter shall be enforced by the Department of Public Works of the City. (1688-12/71, 1788-12/82, 3149-8/92) (c) The Director shall make such rules as may be necessary, reasonable and proper to enforce the provisions of this chapter. (3149-8/92) (d) Any person adversely impacted by a ruling made by the Director pursuant to this chapter may appeal same by following the procedure described in Section 5.40.070 and 5.40.080 of this code. (3149-8/92) i 8/92 Huntington Beach Municipal Code 10.44.010--10.44.060(b) Chapter 10.44 PARKING--TIME LIMITS (255-2/33,276-11/25, 322-1/29,373-7/34,533-7/48, 566-11/50, 1155-8/65, 1935-11/74,2115-11/76,2177-5/77, 2276-5/78, 2514-12/81,2644-12/83,2692-7/84,2795-10/85,2855-12/86,3011-9/89, 3136-5/92) Sections: 10.44.010 Twelve or twenty-four minutes--Restricted hours 10.44.020 Twelve or twenty-four minutes--Violation 10.44.030 One-hour parking 10.44.040 Two-hour parking 10.44.050 Penalty--Continuing violations 10.44.060 Oversized vehicle parking regulations 10.44.065 Exceptions 10.44.070 Arterial highway oversize vehicle parking regulations 10.44.010 Twelve or twenty-four minutes--Restricted hours. Green curb marking shall mean no standing or parking for a period of time longer than twelve or twenty-four minutes, as designated by signs, at any time between 9 a.m. and 6 p.m. on any day except Sundays and holidays. (276-11/25, 322-1/29,533-7/48, 1155-8/65) 10.44.020 Twelve or twenty-four minutes--Violation. When authorized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle adjacent to any such legible curb marking or sign in violation thereof. (276-11/25,322-1/29, 533-7/48, 1155-8/65) 10.44.030 One-hour parking. When authorized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of 9 a.m. and 6 p.m. of any day except Sundays and holidays for a period of time longer than one hour. (255-2/23,566-11/50, 1155-8/65) 10.44.040 Two-hour parkin. When authorized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof,no operator of any vehicle shall stop, stand or park the vehicle between the hours of 9 a.m. and 6 p.m. of any day except Sundays and holidays for a period of time longer than two hours. (322- 1/29,373-7/34, 1155-8/65) 10.44.050 Penalty--Continuing violations. Any person violating any provision of this chapter shall, upon a conviction thereof,be guilty of an infraction, and punishable by a fine not to exceed one hundred dollars ($100),provided further that each period of time a vehicle is left parked after the initial violation of such provisions shall be deemed a separate offense, equal to the maximum legal parking time for the particular time zone or parking space as designated in sections setting the maximum legal time. (1155-8/65,2276-5/78) 10.44.060 Oversized vehicle parking regulations. No person shall park or leave standing upon any public street or highway in a residential district: (a) Any motor vehicle over twenty-five (25) feet long measured from the extreme forward point to the extreme rear point, including extensions; (b) Any motor vehicle, over ninety-six(96)inches wide,measured at its widest point excluding side-view mirrors or similar extensions, designed, used or maintained for the transportation of property; 5/92 10.44.060(c)-10.44.070(a) Huntington Beach Municipal Code (c) Any motor vehicle, including buses,motor trucks,trailers, semitrailers, trailer coaches, or truck tractors as defined in the Vehicle Code, over ninety-six(96)inches wide,measured at its widest point excluding side-view mirrors or similar extensions, designed, used or maintained for the transportation of property; (d) Any motor vehicle which is designed, used or maintained as farm machinery or a special purpose or equipment machine; or (e) Any nonmotorized vehicle, such as a semitrailer,trailer, trailer coach, utility trailer,two or more axle camper, or a one-axle camper,which has been detached from its drawing vehicle for a period not to exceed twenty-four(24)hours. (1935-11174,2115-11/76,2514-12/81, 2855-12/86) 10.44.065 Exceptions. Section 10.44.060 shall not apply to the following: (a) Any oversized recreational motor vehicle, as defined by California Health and Safety Code section 18010 or any amendments thereto, while parked or standing for the purpose of loading or unloading passengers or property for a period not to exceed twenty-four(24) hours; (3136-5/92) (b) Any oversized motor vehicle parked while used in performing or assisting in performing services or repairs on residential property; (c) Any oversized motor vehicle which is parked for not more than twenty-four(24) consecutive hours to make emergency repairs to such vehicle; and (d) Any nonmotorized vehicle, such as a semitrailer,trailer, trailer coach, utility trailer, two or more axle camper,or a one-axle camper which has been detached from its drawing vehicle parked for a period not to exceed four(4)hours in any area other than a residential district. (1935-11174,2115-11/76,2514-12/81,2855-12/86) 10.44.070 Arterial highway oversize vehicle parking regulations. (a) Except as provided in subsection(b) and(c)hereof,no person shall park or leave standing upon any arterial highway between the hours of 9 p.m. and 4 a.m., or for longer than two (2) hours at any other time, any motor vehicle over eighty-four(84) inches high,measured from the surface of the roadway to its highest point, or over eighty-four(84) inches wide, measured from its widest point, excluding side view mirrors or similar extensions on any of the following highways in the City of Huntington Beach: Adams Avenue Edinger Avenue McFadden Avenue Algonquin Street Edwards Street Newland Street Argosy Avenue Ellis Avenue Pacific Coast Highway Atlanta Avenue Garfield Avenue Seventeenth Street Banning Avenue Goldenwest Street Slater Avenue Beach Boulevard Gothard Street Springdale Street Bolsa Avenue Graham Street Talbert Avenue Bolsa Chica Street Hamilton Avenue Ward Street Brookhurst Street Heil Avenue Warner Avenue Bushard Street Indianapolis Avenue Yorktown Avenue Center Avenue Magnolia Street (2177-5/77,2644-12/83,2692-7184,2795-10/85,2855-12/86,3011-9/89) 5/92 Huntington Beach Municipal Code 10.48.010-10.48.050(c) Chapter 10.48 LOADING ZONES (322-1/29,422-3/39, 1155-8/65, Urg Ord 1491-4/69, 1958-3/75,2044-5/76,2276-5/78) Sections: 10.48.010 Authority to establish 10.48.020 Size limitation 10.48.030 Color identification 10.48.040 Passenger zones identified 10.48.050 Curb markings placement 10.48.060 Maximum time--Materials 10.48.070 Maximum time--Passengers 10.48.080 Maximum time--Abuse not permitted 10.48.090 Yellow loading zone 10.48.100 Passenger loading zone 10.48.110 Standing in alley 10.48.120 Bus zones 10.48.130 Morning parking restrictions 10.48.140 Loading permits 10.48.150 Extended loading time prohibited where 10.48.160 Violation--Penalty 10.48.010 Authority to establish. The Director of Public Works is authorized to mark loading zones and passenger loading zones adjacent to the entrance to any place of business or adjacent to any hall or place used for the purpose of public assembly. (322-1/29, 1155-8/65) I !, 10.48.020 Size limitation. In no event shall more than one-half of the total curb length in any block be reserved for loading zone purposes. (322-1/29, 1155-8/65) 10.48.030 Color identification. Loading zones shall be indicated by yellow paint upon the top of all curbs within such zones. (322-1/29, 1155-8/65) 10.48.040 Passenger zones identified. Passenger loading zones shall be indicated by white paint upon the top of all curbs in said zones. (322-1/29, 1155-8/65) 10.48.050 Curb marking placement. The Director of Public Works is authorized, subject to the provisions and limitations of this chapter,to place, and when required herein shall place,the following curb markings to indicate parking or standing regulations and said curb markings shall have the meanings as herein set forth: (a) Red means no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus stop. (b) Yellow means no stopping, standing or parking at any time between 7 a.m. and 6 p.m. of any day except Sundays and holidays for any purpose other than the loading or unloading of passengers or materials provided that the loading or unloading of passengers shall not consume more than three (3)minutes nor the loading or unloading of materials more than twenty (20)minutes. (c) White means no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mailbox, which shall not exceed three (3)minutes and such restrictions shall apply between 6 a.m. and 6 P.M. of any day including Saturdays, Sundays and holidays, and except as follows: (1) When such zone is in front of a hotel or in front of a mailbox,the restrictions shall apply at all times. 9/89 F 10.48.050(c)(1)--10.48.150 Huntington Beach Municipal Code (2) When such zone is in front of a theater or church,the restrictions shall apply at all times except when such theater or church is closed. 'R (d) When the Director of Public Works, as authorized under this chapter,has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb markings in violation of any of the provisions of this section. (e) Blue means no stopping, standing or parking at any time except for physically-handicapped persons whose vehicles display either one of the distinguishing license plates issued to disabled persons pursuant to section 22511.5 of the California Vehicle Code or to disabled veterans as specified in section 9105 of the California Vehicle Code. (urg Ord 1491-4/69, 2044- 5/76, 1155-8/65) 10.48.060 Maximum time--Materials. Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials shall not extend beyond the time necessary therefor, and in no event for more than twenty minutes. (1155-8/65) 10.48.070 Maximum time--Passengers. Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no event for more than three minutes. (1155-8/65) 10.48.080 Maximum time--Abuse not permitted. Within the total time limits above,the provisions of this chapter shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted. (1155-8/65) 10.48.090 Yellow loadingzones.ones. No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or material for such times as are permitted in sections 10.48.060 through 10.48.080. (322-1/29, 1155-8/65) 10.48.100 Passenger loading zone. No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in sections 10.48.060 through 10.48.080. (322-1/29, 1155-8/65) 10.48.110 Standing in alley. No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley. (322-1/29, 1155-8/65) 10.48.120 Bus zones. The Director of Public Works is authorized to establish bus zones opposite curb space for the loading or unloading of buses or common carriers of passengers and to determine the location thereof. (1155-8/65) 10.48.130 Morning parking restrictions. It is unlawful for any operator of any motor truck to park the same except between the hours of 4 a.m. and 9 a.m. on Main Street between Ocean Avenue and Olive Avenue in this city, and on Walnut Avenue between Third Street and Fifth Street in this city except at loading zones regularly designated and marked. (422-3/39, 1155-8/65) 10.48.140 Loading permits. The Director of Public Works may issue a special permit to an operator of a motor truck to park on said streets for the purpose of loading and unloading personal property in cases of emergency or necessity, and for the loading and unloading of building material and bulky articles to and from business houses located on said streets and property fronting thereon. No loading zones shall be designated or marked on Main Street between Ocean Avenue and Olive Avenue. (1155-8/65) 10.48.150 Extended loading time prohibited where. No person shall park or leave standing any vehicle except for loading purposes as defined in section 10.04.070 of this code in any of the 4 following places: 9/89 Huntington Beach Municipal Code 10.48.150(a)--10.48.160 (a) Hospital entrance. At any curb within twenty-five (25) feet of the entrance of any hospital. (b) Police station. At any curb within fifty(50) feet of the entrance to any police station. (c) Fire hydrant. At any curb within fifteen(15) feet of a fire hydrant. (322-1/29, 1958-3/75) 10.48.160 Violation--Penalty. Any person violating any provision of this chapter shall, upon conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed one hundred dollars($100). (2276-5/78) 1 I 9/89 City Clerk' s Office ------------ (FC)-- ( 6 ) ------------ Chamber Book, Counter book, Drawer Tony' s Book, Evelyn' s Book Laura ' s Book HUNTINGTON BEACH MUNICIPAL CODE UPDATES] ( 11/2/94) Prepared by: Office of the City Clerk -- Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Please Remove from Code Please Add to Code -- Chapter 2.34 Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 Uv Ord 3253 d8afi1es\c1erk1jan\municd20 n A K .s. Huntington Beach Municipal Code 2.34.010-2.34.050 CHAPTER 2.34 CITY PLANNING COMMISSION (3253-11/94) Sections: 2.34.010 Commission established 2.34.020 Duties 2.34.030 Records of commission 2.34.040 Members 2:34.050 Appointment 2.34.060 Term 2.34.070 Vacancies 2.34.080 Temporary absences 2.34.090 Bylaws 2.34.100 Advisors 2.34.110 Assistance for Commission 2.34.120 Compensation 2.34.010 Commission established. There is hereby established a Planning Commission in and for the City of Huntington Beach which shall be known as the Planning Commission of the City of Huntington Beach. The authority to create a Planning Commission is derived from the Huntington Beach City Charter Section 405. (3253-11/94) 2.34.020 Duties. The duties of the Planning Commission shall be as provided in the California Government Code Title 7, as may be amended, and as provided by ordinance of the City of Huntington Beach. (3253-11/94) In addition to powers and duties specified in the Government Code, the Planning Commission shall have the power and be required to: (3253-11/94) (a) Recommend to the City Council after a public hearing thereon, the adoption, amendment or repeal of a master or general plan, or any part thereof, for guidance in the physical development of the city. (3253-11/94) (b) Exercise such functions with respect to land subdivisions as shall be provided by the Subdivision Map Act, and by ordinance not inconsistent with the provisions of the Charter. (3253-11/94) (c) Exercise such functions with respect to zoning, building, land use, precise plans, specific plans, and related matters which may be prescribed by ordinance not inconsistent with the provisions of the Charter. (3253-11/94) (d) Perform such other functions not inconsistent with the Charter as may be delegated to it by the City Council. (3253-11/94) 2.34.030 Records of commission. Accurate and permanent records of the acts of the commission shall be kept, and such records shall have the same status as records of other administrative department of the City. (3253-11194) 2.34.040 Members. The Planning Commission shall consist of seven(7) members who shall be residents of the city and shall not be officers or employees of the City.(3253-11/94) 2.34.050 Appointment. Each member of the City Council shall appoint one member to the Planning Commission. (3253-11/94) 11/94 2.34.060--2.34.120 Huntington Beach Municipal Code 2.34.060 Term. Each member of the Planning Commission shall serve a four(4) year term commencing on January 1 following a general municipal election at which the appointing Councilmember was elected. In the event the office of any appointing Councilmember becomes vacant during the term thereof, the �y term of the Planning Commission appointed by such Councilmember shall terminate ninety (90) days afte. such vacancy occurs. Following expiration of his/her term of office, each member of the Planning f Commission shall continue to serve until his/her successor is appointed and qualified. Members of the Planning Commission may be removed by at least four (4) affirmative votes of the City Council, including the vote of the appointing member; provided, however, that no member of the Planning Commission may be removed prior to January 1 following any general municipal election. (3253-11/94) 2.34.070 Vacancies. Vacancies in the Planning Commission shall be filled by appointment by the City Councilmember or his successor, who made the appointment which is vacated. (3253-11/94) 2.34.080 Temporary absences. Any Planning Commission who, because of health reasons, or prolonged absence from the City, shall notify the Councilmember of which he is the appointee, and such Councilmember may appoint an acting commissioner to serve during the period the appointee is to be absent. The acting commissioner shall meet all the requirements of the appointed Planning Commissioner. (3253-11/94) 2.34.090 Bylaws. The Planning Commission shall adopt such bylaws and rules as it deems necessary to provide for its officers and their method of selection, time and place of meetings and for such other matters relative to its work and administration of its duties which are not otherwise provided for by statue or ordinance. (3253-11/94) 2.34.100 Advisors. The Planning Commission may request attendance at its meetings of any officer or employee of the city to assist the commission in its deliberations in an advisory capacity but who shall not have the authority to vote upon any matter being considered by the commission. (3253-11/94) 2.34.110 Assistance for commission. The commission may make such investigations, employ such city help, secure such advice, and have prepared such plans and reports as it may deem necessary to perform its duties and functions. (3253-11/94) 2.34.120 Compensation. Members of the Planning Commission may receive compensation for their service. Said compensation shall be set by resolution of the City Council. (3253-11/94) J 11/94 HUNTINGTON BEACH MUNICIPAL CODE UPDATES (10/20/94) , , Prepared by: Office of the City Clerk --'Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Please Remove from Code Please Add to Code Chapter 2.100 Chapter 2.100 Chapter 5.16 'Chapter 5.16 Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 Ord 3241/3250 d8afiles\clerktlanUnunicd18 7 V Huntington Beach Municipal Code 2.100.010--2.100.070 Chapter 2.100 OPERATING POLICY FOR BOARDS AND COMMISSIONS (2896-6/87, 3124-12/91, 3250-10/94) Sections: 2.100.010 Establishment 2.100.020 Definitions 2.100.030 Budget 2.100.040 Staff 2.100.050 Staff liaison and residency 2.100.060 Service limitation 2.100.070 Employment limitation 2.100.080 Duration of terms , 2.100.085 Attendance 2.100.090 Open meetings 2.100.100 Rules 2.100.110 Applicability 2.100.010 Establishment. All advisory boards and commissions shall be established by ordinance. Committees may be established by resolution. The enabling document may establish the duration, manner of appointment, term of office, and powers and duties. (2896-6/87, 3124-12/91) 2.100.020 Definitions. (a) Board - a body of members appointed pursuant to Huntington Beach Charter section 405 to serve in a continuing advisory capacity to the City Council, except for such Boards which have decision making authority pursuant to the particular establishing ordinance creating such Board; (3250-10/94) (b) Commission- a body of members appointed pursuant to Huntington Beach Charter section 405 which may have decision making authority in those activities delegated to them by the City Council; (c) Committee - a body of members appointed pursuant to Huntington Beach Charter section 405 on an ad hoc basis to advise the City Council on particular matters. (2896-6/87) 2.100.030 Budget. When deemed necessary, the City Council may cause to be set aside in the budget for each fiscal year an amount necessary for the functioning of such boards and commissions. (2896-6/87) 2.100.040 Staff. The city shall assign a staff liaison to each board and commission. (2896-6/87) 2.100.050 Staff liaison and residency. Unless otherwise specified, each board or commission is to be assigned one staff liaison specified by the City Council. All members of boards and commission shall be residents and electors of the City of Huntington Beach. (2896-6/87) 2.100.060 Service limitation. No person shall serve on more than one board or commission at any one time. No person shall serve more than two (2) consecutive terms on any one (1) board or commission. Provided, however, that persons serving on the effective date of this ordinance may complete their current terms and, if reapppointed, one additional term thereafter. (2896-6/87) 2.100.070 Employment limitation. No person serving on any board or commission shall hold any full or part-time paid office or employment in the Huntington Beach personnel system while so serving, unless otherwise specified. (2896-6/87) 10/94 Q A 9 � 2.100.080--2.100.110 Huntington Beach Municipal Code 2.100.080 Duration of terms. Members shall serve until their respective successors are appointed and qualified. The City Council shall have the power to fill any vacancies. Unless otherwise specified, terms of members of boards and commissions shall be four(4) years, staggered so that the majority of terms shall end in odd-numbered years following the election of four (4) council members and remainder of the terms shall end in odd-numbered years following I the election of three (3) council members. (2896-6/87) 2.100.085 Attendance. Any person appointed to any city board, commission, or committee shall automatically vacate the office upon a fifth (5th)unexcused absence during a calendar year or upon more than three (3) consecutive absences at any time during the term of office. The appointing authority shall appoint a successor to fill the vacancy. (3124-12/91) 2.100.090 Open meetings. All meetings of boards and commissions shall be open to the public unless subject to the closed session exceptions contained in the Ralph M. Brown Act (Government Code section 54950). (2896-6/87) 2.100.100 Rules. Each board and commission may adopt such bylaws and rules as may be necessary or convenient for the conduct of its business, subject to approval of the City Council. (2896-6/87) 2.100.110 Applicability. This chapter shall apply to all boards and commissions, unless an ordinance enacted after the date of this section establishes different requirements; provided, however, the service limitation set forth in section 2.100.060 shall not apply to the Personnel Commission. (3124-12/91) 1 i 10/94 f Huntington Beach Municipal Code 5.16 Index— 5.16.1010 Chanter 5.16 C" RATES (327-4/29, 766-7/60, 838-6/61, 904-6/62, 1461-2/69, 1604-10/70, 1605-10/70,1652-SJ71, 2022-1/76, 2594-2/83, 2784-9/85, 2965-10/88, 3100-5/91,3116-6/91, 3161-8/92, 3241-10/94) Sections: 5.16.010 Rates per employees 5.16.020 Rates per employees--Minimum license 5.16.030 Application for reclassification--Action 5.16.040 License classifications designated 5.16.050 Flat rate payment code letters 5.16.060 Advertising 5.16.070 Amusement activities 5.16.080 Auctioneer 5.16.090 Bankrupt sale 5.16.100 Bath 5.16.110 Circus 5.16.120 Contractors 5.16.130 Dancing teacher 5.16.140 House moving 5.16.160 Junk collector 5.16.170 Junk dealer and auto wrecking 5.16.180 Music or fine arts teacher 5.16.190 Office building 5.16.200 Oil business--Nonproduction 5.16.210 Outdoor theaters 5.16.220 Pawnbroker 5.16.230 Peddler 5.16.240 Public dance hall, public dance and dinner dancing place 5.16.250 Public utilities 5.16.260 Rooming house, apartment house, motel, bungalow or auto court 5.16.270 Skating rink 5.16.280 Small stands and businesses--Temporary and permanent 5.16.290 Solicitor or canvasser 5.16.300 Soliciting on streets for hotels or dining rooms 5.16.310 Stockyard auction 5.16.315 Swap meets, indoor swap meets, special events, specific events and charitable events 5.16.320 Trailer parks 5.16.330 Transportation, trucking and hauling--Established place of business 5.16.340 Transportation, trucking or hauling--No business location 5.16.350 Transportation, trucking or hauling--Exceptions from fee 5.16.360 Transportation, trucking or hauling--Dump and tank trucks 5.16.370 Truck rental or leasing 5.16.380 Passenger vehicle rental or leasing 5.16.390 Trailer rentals 5.16.400 Transportation--Water 5.16.410 Vending, bulk-vending and amusement machines 5.16.420 Water companies 5.16.010 Rates Per employees. The following rates shall apply to business licenses: First three employees $ 75.00 ~� Next nine persons,per employee $ 4.00 I ! Next forty persons, per employee $ 3.00 ` All other employees in excess of forty,per employee $ 2.00 (766-7/60, 904-6/62, 1605-10/70, 2022-1/76, 2965-10/88, 3100-5/91, 3161-8/92) 10/94 a a a y r 5.16.020--5.16.040(a) Huntington Beach Municipal Code 5.16.020 hates per emplovees--Minimum license. The minimum license in each classification shall be $75.00 per year. In any case where a licensee or an applicant for a license believes that this individual business is not assigned to a proper classification under this chapter because of circumstances peculiar to it, he may apply to the Finance Director for reclassification. Such application shall contain such information as the Finance Director may deem necessary and require in order to determine whether applicant's individual business is properly classified. The Finance Director shall then conduct an investigation, following which he shall assign the applicant's individual business to the classification shown to be proper on the basis of such investigation. (766-7160, 904-6162, 1605-10/70, 2965-10/88, 3100-5/91, 31Q1-8/92) 5.16.030 Application for reclassification--Action. The Finance Director shall notify the applicant of the action taken on the application for classification. Such notice shall be given by serving it personally or by depositing it in the United States post office at Huntington Beach, California, postage prepaid, addressed to the applicant•,at his last known address. Such applicant may, within fifteen days after the mailing or serving of such notice, make written request to the City Clerk for a hearing on his application for reclassification. If such request is made within the time prescribed, the City Clerk shall cause the matter to be set for hearing before the City Council within fifteen days. The City Clerk shall give the applicant at least ten days notice of the time and place of the hearing in the manner prescribed above for serving notice of the action taken in the application for reclassification. The City Council shall consider all evidence and its findings thereon shall be final. Written notice of such findings shall be served upon the applicant in the manner prescribed above for serving notice of the action taken on the application for reclassification. (766-7/60, 904-6/62, 1605-10/70) 5.16.040 License classifications designated. Every person described in the following classifications who engages in business within the City shall pay a license tax based upon the average number of employees at the rates hereinafter set forth: (a) Classification A. Abstractor of titles Construction engineer Accountant Consulting engineer Accounting service Dancing academy Advertising agent Dealers in stocks, bonds and other securities Agricultural advisor or counselor Dental laboratory Appraiser Dentist Aquarian chirothessian Designer Architect Detective Assayer Detective agency Attorney at law Draftsman Auctioneer Drugless practitioner Auditor Electrical engineer Bacteriologist Electrolo ist Bail bond broker Employment agency or bureau Barber shop Fine arts or music school Beauty shop Geologist Business management consultant Herbalist Certified public accountant Industrial relations consultant Chemical engineer Insurance adjuster Chemist Interior decorator Child nurseries 4 children or more Investment counselor Chiropodist Labor relations consultant Chiropractor Landscape architect Civil Engineer Lapidary Claim adjuster Mechanical engineer 10/94 t Huntington Beach Municipal Code 5.16.040(a)--5.16.060(c) Mortician Real estate office Naturo ath Sanitation engineer Oculist Stocks and bands broker Optician Surgeon Optometrist Surveyor Oral surgeon Taxidermist Orchard care Trade or business school Osteopath physician Tree remover Physician Tree surgery Physician and surgeon Tree trimming Private home for the aged 4 persons or more Veterinarian Real estate broker and any other business of a professional nature where the principal business activity is the furnishing of services and where such business is not specifically listed in some other classification or section of this chapter will be classified in the above category. (b) Classification B. Any person who is licensed as a contractor or who is defined as a contractor in subsections (f), (g), or(h) of section 5.04.010; provided that licenses for contractors not maintaining a fixed place of business in the City may, at the option of applicant for such license, be based upon the flat rate fees prescribed in section 5.16.050. (c) Classification C. Any person conducting, managing or carrying on a business consisting mainly of manufacturing, packing, processing, carrying or selling at wholesale any goods, wares, merchandise, or produce, comes under this classification. (d) Classification D. Any person conducting, managing or carrying on a business consisting t mainly of selling at retail any goods, or conducting and maintaining a recreation park or amusement center under one general management, or business not otherwise specifically licensed by other sections of this chapter comes under this classification. (327-4129, 766-7/60, 838-6/61, 904-6/62, 1605-10/70) 5.16.050 Flat rate payment code letters. Every person transacting and carrying on the businesses herein enumerated shall pay a license tax as hereinafter set forth. The tax and the duration of the license shall be annual, quarterly, monthly, weekly or daily as indicated in this section. The letter "A" following the fee shall indicate an annual fee; the letter "D" shall indicate daily fee; the letter "M" shall indicate monthly fee; the letter "Q" shall indicate quarterly fee; and the letter "W" shall indicate weekly fee. All amounts shown are in dollars. (766-7/60, 904-6/62) 5.16.060 Advertising. The fees for advertisers shall be as follows: (a) By distributing samples or handbills, provided that this section shall not $75.00 A apply to any person, employee, agent or representative of any person who already has a City license as provided elsewhere in this chapter (b) By sign or bill posting, sign erection or installation, or any form of outdoor $112.50 A advertising as defined in Article 961 of the Huntington Beach Ordinance Code (c) By vehicle containing amplifier, phonograph, loudspeakers, etc.: for each vehicle $112.50 A Or at the option of the licensee, for each vehicle $49.50 D 10/94 a b , 5 T 5.16.060(c)--5.16.110 Huntington Beach Municipal Code If any such vehicle is used by a City licensee to advertise solely his own $58.00 A . business and such vehicle is regularly registered and licensed by the state to such licensee, then the fee for each such vehicle Or at the option of the licensee, for each such vehicle $40.00 D. (d) By means of stereopticon, biograph, moving pictures or similar device (not $225.00 A moving picture theaters)used outdoors Or, used indoors $112.50 A (766-7/60, 838-6/61, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.070 Amusement activities. License fees are imposed for amusement activities as follows: (a) For any bowling alley, the first six lanes, a minimum fee of$327.50 per $58.00 A year, for each lane over six(6) (b) For boxing or wrestling exhibitions per exhibition $58.00 (c) Carnival, tent show or open-air show in hall or building constructed for $187.50'D theatrical purposes In addition, for five concessions or less $66.00 D In addition, for each concession in excess of five $39.00 D (d) For each juke box, phonograph or motion picture device operated by $26.00 A, insertion of coin, per machine (e) The owner of the business shall be held responsible for the full amount of the license fee if the operator, exhibitor, machine owner, lessee or other person has not paid the fee when due and payable..(766-7/60, 904-6/62, 1604-10/70, 2594-2/83, 3100-5/91, 3161-8/92) 5.16.080 Auctioneer. For the business of licensed auctioneer or auction company whose permanent place of business, as filed with the California Auctioneer Commission, is located in the City of Huntington Beach, the fee shall be subject to rates per employees as detailed in section 5.16.010. (766-7/60, 904-6/62, 1604-10/70, 2784-9/85) 5.16.090 Bankrupt sale. For the conducting, managing or carrying on the business of selling, offering for sale or otherwise handling by special retail sale the stock in trade of any bankrupt or insolvent person, the fee shall be $58.00 D. (3100-5/91, 3161-8/92) 5.16.100 Bath. For every person conducting, managing, or carrying on the business of giving steam baths, electric light baths, shower baths, electric tub baths, sponge baths or operating any public bath which maintains in connection therewith a steam room, plun&e, bath or sleeping accommodations, the fee shall be $112.50 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.110 Circus. With seating capacity under four thousand, the fee shall be: First day $262.50 D Each additional day $187.50 D With seating capacity over four thousand, the fee shall be: First day $337.50 D Each additional day $187.50.D 10/94 I k f Huntington Beach Municipal Code 5.16.110--5.16.190 For every sideshow in conjunction with a circus, the fee shall be $49.50 D - For every concession in conjunction with a circus, the fee shall be $40.00 D (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.120 Contractors. Every person engaging in business in this City as a contractor, as defined in subsections (e), (f), and (1) of section 5.04.010, who does not engage in such business from a f fixed place of business within this City, and who elects to exercise the option provided for in section 5.16.040, shall pay a license fee as indicated herein: General engineering and/or general building contractor $142.50 A Specialty, subcontractor, or other $90.00 A (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.130 Dancing teacher. Every person engaged imthe profession of dancing teacher who has no regularly established place of business where instruction in dancing is given, shall pay a fee of $75.00 A. (1604-10/70, 3100-5/91, 3161-8/92) 5.16.140 House moving. Every person engaged in house moving or wrecking of buildings and/or structures, shall pay a fee of $112.50 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.160 Junk collector. (a) For every person conducting, managing or carrying on the business of junk $187.50 A collector, the fee shall be or at the option of the licensee $40.00 D (b) For the purpose of this section, a "junk collector" means any person, other than a junk dealer engaged in the business of buying or selling, either at wholesale or retail;rags, bottles, papers, cans, metal or other articles of junk. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.170 Junk dealer and auto wrecking. (a) For every person conducting, managing or carrying on the business of junk $187.50 A dealer or auto wrecker, the fee shall be (b) For the purpose of this section an "auto wrecker" means and includes any person who buys any motor vehicle for the purpose of dismantling or disassembling, or who dismantles or disassembles any such motor vehicle whether for the purpose of dealing in the parts thereof or using the same for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials of such vehicle or vehicles. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.180 Music or fine arts teacher. Every person engaged in the profession of teaching music, dramatics, art, designing, dressmaking, mechanics or any other trade or fine art who has no regularly established place of business where such teaching is carried on, shall pay a fee of $75.00 A. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.190 Office building. For every person conducting, managing or carrying on the business of operating an office building, for each office therein the fee shall be $32.50 A and for each unit/office $7.00 (1604-10/70, 3100-5/91, 3161-8/92) 10/94 a o b t 1 5.16.200--5.16.240 Huntington Beach Municipal Code 5.16.200 Oil business--Non production. Every person conducting, managing, carrying on or engaging in, from a fixed place of business in the City, the business or activity of oil well, injection well, or water-source-well drilling or servicing operation, or refining oil or petroleum products and producing the byproducts, or marketing, selling or distributing at wholesale, oil or any petroleum products, or byproducts, or maintaining tankage or warehouse storage facilities where oil is kept for the purpose of wholesale distribution thereof, shall pay a license tax in accordance with section 5.16.010. Nothing in this section shall be deemed to apply or relate to actual oil or gas production operations. (1652-9/71) 5.16.210 Outdoor theaters. For every person conducting, managing or carrying on an outdoor theater where moving or motion pictures are exhibited the license fee shall be: Number of Stalls Fee per Year First 500 $331.50 All over 500 (per stall) 50¢ A separate license shall be obtained for snack bars, foodstands and other concessions. (766-7/60, 904-6/62; 1604-10/70, 3100-5/91, 3161-8/92) 5.16.220 Pawnbroker. For the purpose of this section the term "pawnbroker" shall include every person conducting, managing or carrying on the business of lending money either for himself or for any other person, upon any personal property, personal security or purchasing personal property and reselling or agreeing to resell such property to the vendor or other assignee at prices previously agreed upon. Nothing in this section shall be deemed to apply to the lending of money or personal property or personal security by any bank authorized to do so under the laws of the state or of the United States. The license fee shall be $487.50 A (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.230 Peddler. Peddlers of flags, banners, balloons, cones, horns, kites, noise-making instruments, toys, notions, souvenirs or similar goods or novelties of any description other'than from a stand, tent, wagon or other vehicle shall pay a fee of$17.00 D or by vehicle $97.50 A. Peddlers of any article or commodity not mentioned in this section, including every person, firm or corporation conducting the business of selling and delivering any goods for human consumption directly to the consumer thereof, by means of a regular system of delivery vehicles for the purpose of making sales and deliveries upon a fixed route, or in the case of food catering vehicles, from place to place, within this City shall pay a fee of$17.00 D or $97.50 A. Provided, however, that issuance of a license to any person, firm or corporation under this section shall not be construed to permit violation by such person, firm or corporation of Chapter 9.64. The license tax prescribed by this section shall cover one person and in the case of route peddlers, one vehicle only and an additional like fee shall be paid for each additional such person or vehicle so engaged. Prior to the issuance of any license under this section, such applicant shall comply with the provisions of Chapter 9.64 of the Huntington Beach Municipal Code and with the provisions of sections 5.12.050 and 5.12.060. (1604-10/70, 904-6/62, 838-6/61, 766-7/60, 3100-5/91, 3161-8/92) 5.16.240 Public dance hall, public dance and dinner dancing place. Every person conducting, managing or operating a public dance hall or dinner place shall pay a fee of $337.50 A. Every person conducting, managing or operating a public dance shall pay a fee of(per dance) $58.00. 10/94 Huntington Beach Municipal Code• 5.16.240--5.16.310 For the purpose of this section, certain words and phrases shall be construed as hereinafter set �-. forth: (a) 'Public dance hall" means a place open to the public upon payment of admittance fee, wherein music is provided and people are allowed to dance which is so open at regular intervals or on regular days of the week. (b) 'Public dance" means a dance open to the public for an admittance fee or charge, which is held on one day only. (c) "Dinner dancing place" means a place where music is provided and the public is permitted to dance without payment of a fee. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-7/92) 5.16.250 Public utilities. Any public utility operating in the City under a franchise or franchises from the City, or applicable therein; and which makes franchise payments thereunder is subject to the provisions of this chapter only to the extent it engages in retail merchandising not covered by the franchise in the City. (766-7/60, 904-6/62, 1604-10/70) 5.16.260 Rooming house, apartment house, motel, bungalow or auto court. For every person conducting, managing, or carrying on the business of operating an apartment house, rooming house, motel, bungalow court or auto court consisting of three or more rental units, the fee shall be $32.00 A and $7.00 per unit. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.270 Skating rink. For every person conducting, managing or carrying on any ice or roller skating rink, enclosure or park, the license fee shall be $187.50 A. (766-7/60,'904-6/62, 1604-10/10, 3100-5/91, 3161-8/92) 5.16.280 Small stands and businesses--Temporary and permanent. Every person, not having a regularly established place of business in this City, who sells or offers for sale goods or articles of any description in his possession, or services, at, on or from a stand upon any public street, alley or public place, or in or from a doorway of any room or building, or unenclosed or vacant lot or parcel of land, which business is not otherwise licensed by the terms of this chapter shall pay a fee of$75.00; or, at the option of the licensee, $17.00 D. (766-7/60, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.290 Solicitor or canvasser. For every person conducting, managing, carrying on or engaging in the business of telephone solicitation or canvassing, for eachsuch person employed or so engaged, the fee shall be $49.00 D. Prior to the issuance of any license under this section, each applicant shall comply with the provisions of Chapter 9.64 of the Huntington Beach Municipal Code and with the provisions of sections 5.12.050 and.5.12.060. This section shall not apply to any person, or employee or agent or representative of any person whose principal place of business is in and who has a license in the City as provided elsewhere by this title, or who takes orders only from businesses licensed under this title. (766-7/60, 838-6/61, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.300 Soliciting on streets for hotels or dining rooms. For every person conducting, managing or carrying on the business of soliciting customers, or patronage upon any public street, alley or other public place, for any hotel, inn, rooming house, lodging house, apartment house, restaurant, dining room or house,or place where meals or board or lodging are furnished for compensation, the fee shall be $112.50 A. (766-7/60; 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.310 Stockyard auction. For every person conducting, managing or carrying on any stockyard, sales, stable or corral where horses, cattle, goats, sheep, mules and other livestock are bought, sold or exchanged at public auction, the license fee shall be $187.50 A. (1604-10/70, 3100-5/91, 3161-8/92) I 10/94 I I a a � s s 5.16.315--5.16.315(b)(3)(a) Huntington Beach Municipal Code 5.16.315 Swap meets, indoor swap meets, special events, specific events and charitable events. The operators and exhibitors shall pay a business license tax according to the provisions of this section. (3241-10/94) (a) Definitions as used in this section shall have the following meaning: (3241-10/94) (1) Operator shall mean any person or organization conducting or operating a swap meet, special event, specific event or charitable event within the city at which goods are offered for sale to the public. This shall include such events commonly referred to as a farmer's market and arts and craft shows. (3241-10/94) (2) Exhibitors shall mean any person or organization exhibiting, displaying, selling, exchanging, or offering for sale or exchange any property or service at a meet or event. (3241-10/94) (3) Meet or Event shall mean an activity where the place or location has been advertised by any means whatsoever as a place or location to which members of the public at large during a specified period of time, may purchase or exchange property or services. This does not include carnivals, circuses, or sideshow events. (3241-10/94) (4) Indoor Swap Meet shall mean an operation of occasional, periodic or regularly scheduled markets held within a building of at least 100,000 square feet that has received a conditional use permit to conduct an indoor swap meet. (3241-10/94) (5) Stall, Space Or Booth, shall be defined as physical area measuring one hundred and forty- four(144) square feet or less. (3241-10/94) (6) Charitable or Non-Profit Organizations shall mean those who have submitted papers as defined by Internal Revenue Code 5010 and by the California Secretary of State, and have received written approval of their non-profit status from both the Internal Revenue Service and the California Secretary of State. (3241-10/94) (b) Fees: (3241-10/94) (1) Indoor Swap Meets (3241-10/94) Indoor swap meets, because of their unique character and location, will have rates established individually by City Council action. (3241-10/94) (2) Outdoor Swap Meets (3241-10/94) (a) Every operator shall pay a business license fee, based upon the following table: (3241-10/94) Stalls/Booths Annual 0 -50 $300 51 - 100 $400 101 -200 $500 over 200 $600 (b) Each exhibitor will be required to have a regular business license after participating eight (8)times at the swap meet. (3241-10i94) (3) Special Events, Specific Events and Charitable Eyents. (3241-10/94) (a) Every operator shall pay a business license fee based upon the following table: . (3241-10/94) 10/94 I I Huntington Beach Municipal Code 5.16.315(b)(3)(a)--5.16.330 Stalls/Booths (30 Days or Less) (Annual ,--� 0 - 50 $200 $300 51 - 100 $300 $400 101 - 200 $400 $500 over200 $500 $600 (b) Each exhibitor shall pay a fee in the amount of one dollar ($1.00) per stall per day. Where two (2) or more exhibitors share a single stall, each such exhibitor shall pay a separate daily stall fee. Such fee shall constitute a debt owed by the exhibitor to the City and shall be extinguished only by payment to the operator. The exhibitor shall pay the fee to the operator at the time and on each day the exhibitor participates in the meet. Any unpaid fee shall be paid upon the termination of the exhibitor's participation in the specific meet. Each operator shall collect the fee imposed by the provisions of this section•to the same extent and at the same time as any other fees are collected from every exhibitor. The amount of the fee shall be separately stated from any other moneys collected by the operator. The fee shall be in addition to any other fee required by the city. Exhibitors may elect to pay for a regular business license for that location in lieu of paying daily fees. (3241-10/94) (c) On or before the tenth day following each meet, each operator shall file a return with the City Treasurer showing the total amount of fees collected under this section and such other information as may be required by the City Treasurer. At the time the return is filed, the operator shall remit the full amount of the fees collected to the City Treasurer. Returns and payments shall be due immediately upon cessation of business by the operator for any reason. (3241-10/94) (d) Every operator shall hold all fees collected under this section in trust for-the account. of the City until payment thereof is made to the city Treasurer. Any operator who fails to remit the fees within the time specified shall pay a penalty of ten (10) percent for each month said payment is overdue. (3241-10/94) (c) Records: (3241-10/94) Each operator shall keep full and accurate records of receipts and stall rentals to vendors in connection with the operation of the meet. The City, by and through its authorized officers shall have the right to examine and audit such records, including records of any bank accounts, at any reasonable time, and operators shall cooperate fully with the inspection of them. Such records shall include, but are not limited to, the total number of stall rentals from each day, as well as whatever records are necessary in order to provide the city any required information pursuant to subsection (b)(3) of this section. (3241-10/94) 5.16.320 Trailer parks. For every person conducting, managing or carrying-on the business of trailer park or mobilehome park the license fee shall be $112.50 annually for the first twenty-five (25) trailer spaces and $7.00 for each additional trailer space. (766-7/60, 838-6/61, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.330 Transportation, trucking and hauling--Established place of business. Every person engaged in the business, in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, for the transportation of any goods, wares, merchandise, products of any nature, raw materials, pipe or castings, tanks or machinery or tools of any description, when'said person has an established place of business within the City, shall pay an annual license fee in accordance with the following schedule for each and every motor vehicle so used or operated in excess of one vehicle: for vehicles with a manufacturer's rated capacity of under one ton $12.00 A 10/94 3 5.16.330--5.16.370(b) Huntington Beach Municipal Code for vehicles with a manufacturer's rated capacity of under three tons, but $35.00 A one ton or over for vehicles with a manufacturer's capacity of three tons or over $46.00 A (766-7/60, 838-6/61, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.340 Transportation, trucking or hauling--No business location. Every person engaged in the business, in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, and who uses the public streets or highways of this City for the purpose of such use or operation for the delivery or transportation of any goods, wares, merchandise, products of any nature, raw materials, waste materials, pipe or casting, tanks, machinery or tools of any description or in connection with rendering services for fees, when said person does not have an established place of business within this City, shall pay an annual license fee of$75 for each and every vehicle so used or operated other than those vehicles described in sections 5.16.330 and 5.16.350. (766-7/60, 838-6/61, 904-6/62, 1604=10/70, 3161-8/92) 5.16.350 Transportation, trucking or hauling--Exceptions from fee. No fee hereunder shall be required for the operation of any motor vehicle or equipment along the streets of this City if such operation is merely occasional or incidental to a business conducted elsewhere; provided, however, that no operation shall be deemed merely occasional if trips or hauls are made beginning or ending at points within this City upon an average of more than thirteen in any quarter of the year. More than thirteen such trips or hauls within any quarter shall be deemed doing business within this City. A business shall be deemed conducted within this City if an office or agency is maintained here or if transportation business is solicited here. (766-7/60, 838-6/61, 904-6/62, 1604-10/70) 5.16.360 Transportation, trucking or hauling--Dump and tank trucks. Every person engaged in the business, in whole or in part, of using or operating motor vehicles for the transportation, hauling or delivery or removal of crude oil, petroleum products or petroleum byproducts in any form, rotary mud, sand, dirt fill, asphalt, water, machinery of any description, or any other articles or commodity not otherwise classified in sections 5.16.330 and 5.16.340, who uses the public streets or highways of this City for the purpose of such use or operation, who is not required to pay the license or fees as set forth in sections 5.16.330 and 5.16.340, shall pay an annual license fee based upon each motor vehicle so used or operated of$75.00 for each vehicle with single rear axle $49.06 A for each vehicle with dual rear axle $49.00 A (b) Tank Truck or Tank Wagon(semi-tractor and front trailer as one tank truck or tank wagon). for each tank truck or tank wagon $97.50 A for each additional tank truck, wagon or trailer $23.00 A i (766-7/60, 838-6/61, 904-6/62, 1604-10/70, 3100-5/91, 3116-6/91, 3161-8/92) 5.16.370 Truck rental or leasing. (a) Every person conducting, managing or carrying on the business of renting or leasing the use of any truck or motor-propelled vehicle for the transportation of materials, commodities or products, or the transportation of any other object, to be driven by the person or employees or other representative of the person hiring the same at rates per mile, per trip, per hour, per day, per week, per month, per year or any greater period of time, and the truck or vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of $75.00 plus $23.00 for each truck or vehicle over one used in the business. (b) In the case of persons operating trucks or vehicles in this City, within the meaning of sections 5.16.330 through 5.16.350, when such truck or vehicle has been rented from a truck rental 10/94 F Huntington Beach Municipal Code 5.16.370(b)--5.16.410(a)(1) business or agency, the person having rented or hired such truck or vehicle shall pay the license fee prescribed in sections 5.16.330 through 5.16.350, whichever is applicable, and the person in the business of renting or leasing such truck or vehicle to the renter or lessee shall not be required to pay an additional fee for each such truck or vehicle so rented or leased over.one used in the business. (76677/60, 838-6/61, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.380 Passenger vehicle rental or leasing. Every person conducting, managing or carrying on the business of renting or leasing the use of any motor-propelled vehicle for the transportation of persons to be driven by the person or employee or other representative of the person hiring, renting or leasing the same at rates per mile, per trip, per hour, per month, per year or any greater period of time, and where such vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of$75.00 plus $11.50 for each vehicle over one used in the business. Provided that where a person conducts, manages or carries'on the rental or leasing of both'trucks and passenger vehicles as one and the same business, from the same place of business, the payment of only one annual license fee of$75.00 will be required in addition to the prescribed fees for each vehicle over one used in the business. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.300 Trailer rentals. Every person conducting, managing or carrying on the business of renting the use of trailers designed to be attached to motor-propelled vehicles shall pay an annual license fee of$75.00 plus $2.00 per wheel for all trailers used in the business. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3116-6/91, 3161-8/92) 5.16.400 Transportation--Water. Every person engaged in the business, in whole or in part, of using or operating any boat or barge in connection with the conduct of their business for the transportation or accommodation of passengers, whether fee for such transportation or accommodation is paid directly or indirectly, or for the transportation of any goods, wares, ' merchandise, products of any nature, raw materials, waste materials, pipe or castings, tanks or machinery or tools of any description, shall pay an annual license fee in accordance with the following schedule: for the first vessel $75.00 A for each and every vessel so used or operated in excess of one vessel: less than sixteen feet in length $40.00 A Sixteen feet or over but less than twenty-six feet in length $49.00 A Twenty-six feet or over but less than forty feet in length $58.00 A Forty feet or over in length $66.00 A (904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.410 Vending, bulk-vending and amusement machines. (a) Every person owning, conducting, transacting, managing, operating or carrying on the business of providing, furnishing, letting the use of, distributing or maintaining any vending machine, bulk-vending machine and/or amusement machine, as defined in this title, and not prohibited by law, shall pay an annual license fee in accordance with the following schedule: (1) Vending Machines: Service machines $ 11.50 A for each machine charging 10 to and including 4¢ $ 2.50 A for each machine charging 5¢ to and including 9¢ $ 7.00 A for each machine charging 10¢ and over $ 14.00 A for each cigarette vending machine $ 29.00 A `-� Stamp-vending machines dispensing United States postage stamps for mailing purposes are hereby exempt from the terms and provisions hereof. 10/94 5.16.410(a)(2)-5.16.420 Huntington Beach Municipal Code (2) Bulk-vending Machines: $ 11.50 A for each machine charging 1¢ to and including 4¢ $ 2.50 A for each machine charging 5¢ to and including 9¢ $ 4.50 A for each machine charging 10¢ or over $ 7.00 A (3) Amusement Machines: for each pinball machine $ 50.00 A for each pool/billiard machine $ 50.00 A for all other amusement machines $ 50.00 A (b) In the event any license fee provided by this section on any vending or bulk-vending machine is not paid when due and payable, the owner of the,business on whose business premises such vending or bulk-vending machine is located, shall be jointly and severally liable to pay the full amount of such license fee. (c) A person having a business license in connection with a fixed place of business in this City is not exempt from payment of license fees otherwise imposed by this chapter. (d) A minimum annual license fee of$337.50 shall be paid by each game arcade, amusement center room, business or parlor containing an aggregate of four or more pool tables, billiard tables, pinball machines, electronic video screen game machines, and/or other amusement devices. The fees levied under this section shall be credited toward such minimum. (2594-2/83, 1461-2/69, 904-6/62, 838-6/61, 766-7/60, 3100-5/91, 3161-8/92) 5.16.420 Water companies. An annual fee of$32.00 and 85¢ per customer for the maximum number of customers at one time during the preceding calendar year. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) f 10/94 Huntington Beach Municipal Code 2.100.010--2.100.070 Chapter 2.100 OPERATING POLICY FOR BOARDS AND COMMISSIONS (2896-6/87,3124-12/91) Sections: 2.100.010 Establishment 2.100.020 Definitions 2.100.030 Budget 2.100.040 Staff 2.100.050 Staff liaison and residency 2.100.060 Service limitation 2.100.070 Employment limitation 2.100.080 Duration of terms 2.100.085 Attendance 2.100.090 Open meetings 2.100.100 Rules 2.100.110 Applicability ! 2.100.010 Establishment. All advisory boards and commissions shall be established by ordinance. Committees may be established by resolution. The enabling document may establish the duration, manner of appointment, term of office, and powers and duties. (2896-6/87, 3124-12/91) 2.100.020 Definitions. (a) Board- a body of members appointed pursuant to Huntington Beach Charter section 405 to serve in a continuing advisory capacity to the City Council; (b) Commission- a body of members appointed pursuant to Huntington Beach Charter section 405 which may have decision making authority in those activities delegated to them by the City Council; (c) Committee - a body of members appointed pursuant to Huntington Beach Charter section 405 on an ad hoc basis to advise the City Council on particular matters. (2896-6/87) 2.100.030 Budget. When deemed necessary,the City Council may cause to be set aside in the budget for each fiscal year an amount necessary for the functioning of such boards and commissions. (2896-6/87) 2.100.040 Staff. The city shall assign a staff liaison to each board and commission. (2896-6/87) 2.100.050 Staff liaison and resideney. Unless otherwise specified, each board or commission is to be assigned one staff liaison specified by the City Council. All members of boards and commission shall be residents and electors of the city of Huntington Beach. (2896-6/87) 2.100.060 Service limitation. No person shall serve on more than one board or commission at any one time. No person shall serve more than two (2) consecutive terms on any one (1) board or commission. Provided, however,that persons serving on the effective date of this ordinance may complete their current terms and, if reapppointed, one additional term thereafter. (2896-6/87) 2.100.070 Employment limitation. No person serving on any board or commission shall hold any full or part-time paid office or employment in the Huntington Beach personnel system while so serving, unless otherwise specified. (2896-6/87) / 12/91 i 2.100.080--2.100.110 Huntington Beach Municipal Code 2.100.080 Duration of terms. Members shall serve until their respective successors are appointed and qualified. The City Council shall have the power to fill any vacancies. Unless otherwise specified,terms of members of boards and commissions shall be four(4)years, staggered so that the majority of terms shall end in odd-numbered years following the election of four(4) council members and remainder of the terms shall end in odd-numbered years following the election of three (3) council members. (2896-6/87) 2.100.085 Attendance. Any person appointed to any city board, commission, or committee shall automatically vacate the office upon a fifth(5th)unexcused absence during a calendar year or upon more than three (3) consecutive absences at any time during the term of office. The appointing authority shall appoint a successor to fill the vacancy. (3124-12/91) 2.100.090 Open meetings. All meetings of boards and commissions shall be open to the public unless subject to the closed session exceptions contained in the Ralph M. Brown Act (Government Code section 54950). (2896-6/87) 2.100.100 Rules. Each board and commission may adopt such bylaws and rules as may be necessary or convenient for the conduct of its business, subject to approval of the City Council. (2896-6/87) 2.100.110 Applicability. This chapter shall apply to all boards and commissions, unless an ordinance enacted after the date of this section establishes different requirements; provided, however,the service limitation set forth in section 2.100.060 shall not apply to the Personnel Commission. (3124-12/91) 12/91 Huntington Beach Municipal Code 5.16.010 Index Chapter 5.16 RATES (327-4/29, 766-7/60, 838-6/61,904-6/62, 1461-2/69, 1604-10/70, 1605-10/70,1652-9/71,2022-1/76,2594-2/83, 2784-9/85,2965-10/88, 3100-5/91,3116-6/91, 3161-8/92) Sections: 5.16.010 Rates per employees 5.16.020 Rates per employees--Minimum license 5.16.030 Application for reclassification--Action 5.16.040 License classifications designated 5.16.050 Flat rate payment code letters 5.16.060 Advertising 5.16.070 Amusement activities 5.16.080 Auctioneer 5.16.090 Bankrupt sale 5.16.100 Bath 5.16.110 Circus 5.16.120 Contractors 5.16.130 Dancing teacher 5.16.140 House moving 5.16.150 Repealed, Ordinance No. 2022, 1 Jan 76 5.16.160 Junk collector 5.16.170 Junk dealer and auto`wrecking 5.16.180 Music or fine arts teacher 5.16.190 Office building 5.16.200 Oil business--Nonproduction �1 5.16.210 Outdoor theaters 5.16.220 Pawnbroker 5.16.230 Peddler 5.16.240 Public dance hall,public dance and dinner dancing place 5.16.250 Public utilities 5.16.260 Rooming house, apartment house,motel, bungalow or auto court 5.16.270 Skating rink 5.16.280 Small stands and businesses--Temporary and permanent 5.16.290 Solicitor or canvasser 5.16.300 Soliciting on streets for hotels or dining rooms 5.16.310 Stockyard auction 5.16.320 Trailer parks 5.16.330 Transportation,trucking and hauling--Established place of business 5.16.340 Transportation,trucking or hauling--No business location 5.16.350 Transportation,trucking or hauling--Exceptions from fee 5.16.360 Transportation,trucking or hauling--Dump and tank trucks 5.16.370 Truck rental or leasing 5.16.380 Passenger vehicle rental or leasing 5.16.390 Trailer rentals 5.16.400 Transportation--Water 5.16.410 Vending,bulk-vending and amusement machines 5.16.420 Water companies 5.16.430 Repealed, Ordinance No. 2022, 7 Jan 76 8/92 5.16.010--5.16.040(a) Huntington Beach Municipal Code 5.16.010 Rates.per employees. The following rates shall apply to business licenses: First three employees $75.00 Next nine persons,per employee $ 4.00 Next forty persons,per employee $ 3.00 All other employees in excess of forty,per employee $ 2.00 (766-7/60, 904-6/62, 1605-10/70,2022-1/76,2965-10/88, 3100-5/91,3161-8/92) 5.16.020 Rates per employees--Minimum license. The minimum license in each classification shall be $75.00 per year. In any case where a licensee or an applicant for a license believes that t this individual business is not assigned to a proper classification under this chapter because of circumstances peculiar to it, he may apply to the Finance Director for reclassification. Such application shall contain such information as the Finance Director may deem necessary and require in order to determine whether applicant's individual business is properly classified. The Finance Director shall then conduct an investigation, following which he shall assign the applicant's individual business to the classification shown to be proper on the basis of such investigation. (766-7/60,904-6/62, 1605-10/70,2965-10/88, 3100-5/91,3161-8/92) 5.16.030 Application for reclassification--Action. The Finance Director shall notify the applicant of the action taken on the application for classification. Such notice shall be given by serving it personally or by depositing it in the United States post office at Huntington Beach, California, postage prepaid, addressed to the applicant at his last known address. Such applicant may, within fifteen days after the mailing or serving of such notice, make written request to the City Clerk for a hearing on his application for reclassification. If such request is made within the time prescribed, the City Clerk shall cause the matter to be set for hearing before the City Council within fifteen days. The City Clerk shall give the applicant at least ten days notice of the time and place of the hearing in the manner prescribed above for serving notice of the action taken in the application for reclassification. The City Council shall consider all evidence and its findings thereon shall be final. Written notice of such findings shall be served upon the applicant in the manner prescribed above for serving notice of the action taken on the application for reclassification. (766-7/60,904-6/62, 1605-10170) 5.16.040 License classifications designated. Every person described in the following classifications who engages in business within the City shall pay a license tax based upon the average number of employees at the rates hereinafter set forth: (a) Classification A. Abstractor of titles Chemical engineer Accountant Chemist Accounting service Child nurseries 4 children or more Advertising agent Chiropodist Agricultural advisor or counselor Chiropractor Appraiser Civil engineer Aquarian chirothessian Claim adjuster Architect Construction engineer Assayer Consulting engineer Attomey at law Dancing academy Auctioneer Dealers in stocks,bonds and other securities C Auditor Dental laboratory Bacteriologist Dentist Bail bond broker Designer Barber shop Detective Beauty shop Detective agency Business management consultant Draftsman Certified public accountant Drugless practitioner 8/92 Huntington Beach Municipal Code 5.16.040(a)-5.16.060(b) Electrical Engineer Oral surgeon Electrolo ist Orchard care Employment agency or bureau Osteopath physician Fine arts or music school Physician Geologist Physician and surgeon Herbalist Private home for the aged 4 'persons or more Industrial relations consultant Real estate broker Insurance adjuster Real estate office Interior decorator Sanitation engineer Investment counselor Stocks and bonds broker Labor relations consultant Surgeon Landscape architect Surveyor Lapidary Taxidermist Mechanical engineer Trade or business school Mortician Tree remover Naturo ath Tree surgery Oculist Tree trimming Optician Veterinarian Optometrist and any other business of a professional nature where the principal business activity is the furnishing of services and where such business is not specifically listed in some other classification or section of this chapter will be classified in the above category. (b) Classification B. Any person who is licensed as a contractor or who is defined as a contractor in subsections (f), (g), or(h) of section 5.04.010;provided that licenses for contractors not maintaining a fixed place of business in the City may, at the option of applicant for such license, be based upon the flat rate fees prescribed in section 5.16.050. (c) Classification C. Any person conducting, managing or carrying on a business consisting mainly of manufacturing,packing,processing, carrying or selling at wholesale any goods, wares,merchandise, or produce,comes under this classification. (d) Classification D. Any person conducting, managing or carrying on a business consisting mainly of selling at retail any goods, or conducting and maintaining a recreation park or amusement center under one general management, or business not otherwise specifically licensed by other sections of this chapter comes under this classification. (327-4/29,766-7/60, 838-6/61, 904-6/62, 1605-10/70) 5.16.050 Flat rate payment code letters. Every person transacting and carrying on the businesses herein enumerated shall pay a license tax as hereinafter set forth. The tax and the duration of the license shall be annual,quarterly,monthly,weekly or daily as indicated in this section. The letter "A" following the fee shall indicate an annual fee;the letter "D" shall indicate daily fee; the letter "M" shall indicate monthly fee; the letter "Q" shall indicate quarterly fee; and f the letter "W" shall indicate weekly fee. All amounts shown are in dollars. (766-7/60, 904-6/62) 5.16.060 Advertising. The fees for advertisers shall be as follows: (a) By distributing samples or handbills, provided that this section shall not $75.00 A apply to any person, employee, agent or representative of any person who already has a City license as provided elsewhere in this chapter (b) By sign or bill posting, sign erection or installation, or any form of $112.50 A ` outdoor advertising as defined in Article 961 of the Huntington Beach Ordinance Code 8/92 a 5.16.060(c)-5.16.110 Huntington Beach Municipal Code (c) By vehicle containing amplifier,phonograph, loudspeakers, etc: for each vehicle $112.50 A Or at the option of the licensee, for each vehicle $49.50 D ` If any such vehicle is used by a City licensee to advertise solely his own $58.00 A business and such vehicle is regularly registered and licensed by the state to such licensee, then the fee for each such vehicle Or at the option of the licensee, for each such vehicle $40.00 D (d) By means of stereopticon, biograph, moving pictures or similar device (not $225.00 A moving picture theaters)used outdoors Or, used indoors $112.50 A (766-7/60, 838-6/61, 904-6/62, 1604-10/70, 3100-5/91,3161-8/92), 5.16.070 Amusement activities. License fees are imposed for amusement activities as follows: (a) For any bowling alley,the first six lanes, a minimum fee of$327.50 per $58.00 A year, for each lean over six (6) (b) For boxing or wrestling exhibitions per exhibition $58.00 I (c) Carnival, tent show or open-air show in in hall or building constructed for $187.50 D theatrical purposes In addition, for five concessions or less $66.00 D In addition, for each concession in excess of five $39.00 D (d) For each jukebox, phonograph or motion picture device operated by $26.00 A insertion of coin,per machine (e) The owner of the business shall be held responsible for the full amount of the license fee if the operator, exhibitor, machine owner, lessee or other person has not paid the fee when due and payable. (766-7/60,904-6/62, 1604-10/70,2594-2/83, 3100-5/91,3161-8/92) 5.16.080 Auctioneer. For the business of licensed auctioneer or auction company whose permanent place of business, as filed with the California Auctioneer Commission, is located in the City of Huntington Beach,the fee shall be subject to rates per employees as detailed in section 5.16.010. (766-7/60,904-6/62, 1604-10/70,2784-9/85) 5.16.090 Bankrupt sale. For the conducting, managing or carrying on the business of selling, offering for sale or otherwise handling by special retail sale the stock in trade of any bankrupt or C insolvent person, the fee shall be $58.00 D. (3100-5/91, 3161-8/92) 5.16.100 Bath. For every person conducting, managing, or carrying on the business of giving steam baths, electric light baths, shower baths, electric tub baths, sponge baths or operating any public bath which maintains in connection therewith a steam room, plunge, bath or sleeping accommodations,the fee shall be $112.50 A. (766-7/60, 904-6/62, 1604-10/70,3100-5/91, 3161-8/92) 5.16.110 Circus. With seating capacity under four thousand,the fee shall be: First day $262.50 D Each additional day $187.50 D 0 8/92 Huntington Beach Municipal Code 5.16.110--5.16.180 With seating capacity over four thousand, the fee shall be: First day $337.50 D Each additional day $187.50 D For every sideshow in conjunction with a circus,the fee shall be $49.50 D For every concession in conjuction with a circus, the fee shall be $40.00 D (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.120 Contractors. Every person engaging in business in this City as a contractor, as defined in subsections (e), (f), and(1) of section 5.04.010, who does not engage in such business from a fixed place of business within this City, and who elects to exercise the option provided for in section 5.16.040, shall pay a license fee as indicated herein: General engineering and/or general building contractor $142.50 A Specialty, subcontractor, or other $90.00 A (766-7/60, 904-6/62, 1604-10/70,3100-5/91, 3161-8/92) 5.16.130 Dancing teacher. Every person engaged in the profession of dancing teacher who has no regularly established place of business where instruction in dancing is given, shall pay a fee of $75.00 A. (1604-10/70, 3100-5/91, 3161-8/92) 5.16.140 House moving. Every person engaged in house moving or wrecking of buildings and/or structures, shall pay a fee of$112.50 A. (766-7/60,904-6/62, 1604-10/70,3100-5/91, 3161-8/92) 5.16.160 Junk collector. (a) For every person conducting, managing or carrying on the business of $187.50 A junk collector,the fee shall be or at the option of the licensee $40.00 D (b) For the purpose of this section, a"junk collector" means any person, other than a junk dealer engaged in the business of buying or selling, either at wholesale or retail, rags, bottles, papers, cans, metal or other articles of junk. (766-7/60, 904-6/62, 1604-10/70,3100-5/91,3161-8/92) 5.16.170 Junk dealer and auto wrecking. (a) For every person conducting, managing or carrying on the business of $187.50 A junk dealer or auto wrecker,the fee shall be (b) For the purpose of this section an "auto wrecker" means and includes any person who buys any motor vehicle for the purpose of dismantling or disassembling, or who dismantles or disassembles any such motor vehicle whether for the purpose of dealing in the parts thereof or using the same for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials of such vehicle or vehicles. (766-7/60,904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.180 Music or fine arts teacher. Every person engaged in the profession of teaching music, dramatics, art, designing, dressmaking, mechanics or any other trade or fine art who has no regularly established place of business where such teaching is carried on, shall pay a fee of $75.00 A. (766-7/60,904-6/62, 1604-10/70, 3100-5/91,3161-8/92) 8/92 5.16.190--5.16.230 Huntington Beach Municipal Code 5.16.190 Office building. For every person conducting, managing or carrying on the business of operating an office building, ✓-� i for each office therein the fee shall be $32.50 A and for each unit/office $7.00 (1604-10/70,3100-5/91, 3161-8/92) 5.16.200 Oil business--Nonproduction. Every person conducting, managing, carrying on or engaging in, from a fixed place of business in the City,the business or activity of oil well, injection well, or water-source-well drilling or servicing operation, or refining oil or petroleum products and producing the byproducts, or marketing, selling or distributing at wholesale, oil or any petroleum products, or byproducts, or maintaining tankage or warehouse storage facilities where oil is kept for the purpose of wholesale distribution thereof, shall pay a license tax in accordance with section 5.16.010. Nothing in this section shall be deemed to apply or relate to actual oil or gas production operations. (1652-9/71) 5.16.210 Outdoor theaters. For every person conducting, managing or carrying on an outdoor theater where moving or motion pictures are exhibited the license fee shall be: Number of Stalls Fee per Year First 500 $337.50 All over 500 (per stall) 50¢ j A separate license shall be obtained for snack bars, foodstands and other concessions. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.220 Pawnbroker. For the purpose of this section the term "pawnbroker" shall include every person conducting, managing or carrying on the business of lending money either for himself or for any other person, upon any personal property,personal security or purchasing personal property and reselling or agreeing to resell such property to the vendor or other assignee at prices previously agreed upon. Nothing in this section shall be deemed to apply to the lending of money or personal property or personal security by any bank authorized to do so under the laws of the state or of the United States. The license fee shall be $487.50 A (766-7/60, 904-6/62, 1604-10/70,3100-5/91,3161-8/92) 5.16.230 Peddler. Peddlers of flags,banners, balloons, cones, horns,kites, noise-making instruments, toys, notions, souvenirs or similar goods or novelties of any description other than from a stand,tent, wagon or other vehicle shall pay a fee of$17.00 D or by vehicle $97.50 A. Peddlers of any article or commodity not mentioned in this section, including every person, firm or corporation conducting the business of selling and delivering any goods for human consumption directly to the consumer thereof, by means of a regular system of delivery vehicles for the purpose of making sales and deliveries upon a fixed route, or in the case of food catering vehicles, from place to place, within this City shall pay a fee of$17.00 D or$97.50 A. Provided, however,that issuance of a license to any person, firm or corporation under this section shall not be construed to permit violation by such person, firm or corporation of Chapter 9.64. The license tax prescribed by this section shall cover one person and in the case of route peddlers, one vehicle only and an additional like fee shall be paid for each additional such person or vehicle so engaged. Prior to the issuance of any license under this section, such applicant shall comply with the provisions of Chapter 9.64 of the Huntington Beach Municipal Code and with the provisions of sections 5.12.050 and 5.12.060. (1604-10/70, 904-6/62,838-6/61, 766-7/60, 3100- 5/91, 3161-8/92) 8/92 5.16.300-5.16.360 Huntington Beach Municipal Code alley or other public place, for any hotel, inn,rooming house, lodging house, apartment house, restaurant, dining room or house or place where meals or board or lodging are furnished for compensation,the fee shall be $112.50 A. (766-7/60,904-6/62, 1604-10/70,3100-5/91, 3161-8/92) 5.16.310 Stockyard auction. For every person conducting, managing or carrying on any stockyard, sales, stable or corral where horses, cattle, goats, sheep, mules and other livestock are bought, sold or exchanged at public auction, the license fee shall be $187.50 A. (1604-10/70, 3100-5/91, 3161-8/92) 5.16.320 Trailer parks. For every person conducting,managing or carrying on the business of trailer park or mobilehome park the license fee shall be $112.50 annually for the first twenty-five (25)trailer spaces and $7.00 for each additional trailer space. (766-7160,838-6/61, 904-6/62, 1604-10/70, 3100-5/91,3161-8/92) F 5.16.330 Transportation, trucking and hauling--Established place of business. Every person engaged in the business, in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, for the transportation of any goods, wares, merchandise, products of any nature, raw materials, pipe or castings,tanks or machinery or tools of any description,when said person has an established place of business within the City, shall pay an annual license fee in accordance with the following schedule for each and every motor vehicle so used or operated in excess of one vehicle: for vehicles with a manufacturer's rated capacity of under one ton $12.00 A for vehicles with a manufacturer's rated capacity of under three tons, but $35.00 A one ton or over I for vehicles with a manufacturer's capacity of three tons or over $46.00 A (766-7/60,838-6/61, 904-6/62, 1604-Oct 70, 3100-5/91, 3161-8/92) 5.16.340 Transportation,trucking or hauling--No business location. Every person engaged in the business, in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, and who uses the public streets or highways of this City for the purpose of such use or operation for the delivery or transportation of any goods, wares, merchandise, products of any nature, raw materials, waste materials, pipe or casting,tanks, machinery or tools of any description or in connection with rendering services for fees, when said person does not have an established place of business within this City, shall pay an annual license fee of$75 for each and every vehicle so used or operated other than those vehicles described in sections 5.16.330 and 5.16.350. (766-7/60,838-6/61,904-6/62, 1604-10/70, 3161-8/92) 5.16.350 Transportation,trucking or hauling--Exceptions from fee. No fee hereunder shall be required for the operation of any motor vehicle or equipment along the streets of this City if such operation is merely occasional or incidental to a business conducted elsewhere; provided, however,that no operation shall be deemed merely occasional if trips or hauls are made beginning or ending at points within this City upon an average of more than thirteen in any quarter of the year. More than thirteen such trips or hauls within any quarter shall be deemed j doing business within this City. A business shall be deemed conducted within this City if an office or agency is maintained here or if transportation business is solicited here. (766-7/60,838- ' 6/61, 904-6/62, 1604-10/70) 5.16.360 Transportation, trucking or hauling--Dump and tank trucks. Every person engaged in the business, in whole or in part, of using or operating motor vehicles for the transportation,hauling or delivery or removal of crude oil, petroleum products or petroleum byproducts in an form rot mud sand dirt fill asphalt, water machine of an description, YP Y � as3' � machinery Y s nphon, 8/92 ' o Huntington Beach Municipal Code 5.16.360--5.16.400 or any other articles or commodity not otherwise classified in sections 5.16.330 and 5.16.340, -� who uses the public streets or highways of this City for the purpose of such use or operation, who is not required to pay the license or fees as set forth in sections 5.16.330 and 5.16.340, shall pay an annual license fee based upon each motor vehicle so used or operated of$75.00 for each vehicle with single rear axle $49.00 A for each vehicle with dual rear axle $49.00 A (b) Tank Truck or Tank Wagon(semi-tractor and front trailer as one tank truck or tank wagon). for each tank truck or tank wagon $97.50 A for each additional tank truck, wagon or trailer $23.00 A (766-7/60, 838-6/61, 904-6/62, 1604-10170,3100-5/91,3116-6/91, 3161-8/92) 5.16.370 Truck rental or leasing. (a) Every person conducting, managing or carrying on the business of renting or leasing the use of any truck or motor-propelled vehicle for the transportation of materials, commodities or products, or the transportation of any other object, to be driven by the person or employees or other representative of the person hiring the same at rates per mile,per trip, per hour, per day, per week, per month,per year or any greater period of time, and the truck or vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of$75.00 plus $23.00 for each truck or vehicle over one used in the business. (b) In the case of persons operating trucks or vehicles in this City, within the meaning of sections 5.16.330 through 5.16.350, when such truck or vehicle has been rented from a truck rental business or agency,the person having rented or hired such truck or vehicle shall pay the license fee prescribed in sections 5.16.330 through 5.16.350,whichever is applicable, and the person in the business of renting or leasing such truck or vehicle to the renter or lessee shall not be required to pay an additional fee for each such truck or vehicle so rented or leased over one used in the business. (766-7/60,838-6/61,904-6/62, 1604-10/70,3100-5/91, 3161-8/92) 5.16.380 Passenger vehicle rental or leasing. Every person conducting, managing or carrying on the business of renting or leasing the use of any motor-propelled vehicle for the transportation of persons to be driven by the person or employee or other representative of the person hiring, renting or leasing the same at rates per mile,per trip,per hour,per month,per year or any greater period of time, and where such vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of$75 plus $11.50 for each vehicle over one used in the business. Provided that where a person conducts, manages or carries on the rental or leasing of both trucks and passenger vehicles as one and the same business, from the same place of business,the payment of only one annual license fee of$75 will be required in addition to the prescribed fees for each vehicle over one used in the business. (766-7/60,904-6/62, 1604-10/70,3100- 5/91, 3161-8/92) 5.16.390 Trailer rentals. Every person conducting, managing or carrying on the business of renting the use of trailers designed to be attached to motor-propelled vehicles shall pay an annual license fee of$75.00 plus $2.00 per wheel for all trailers used in the business. (766-7/60,904-6/62, 1604-10170,3100-5/91, 3116-6/91,3161-8/92) 5.16.400 Transportation--Water. Every person engaged in the business, in whole or in part, of using or operating any boat or barge in connection with the conduct of their business for the transportation or accommodation of passengers, whether fee for such transportation or accommodation is paid directly or indirectly, or for the transportation of any goods, wares, merchandise, products of any nature, raw materials,waste materials, pipe or castings, tanks or machinery or tools of any description, shall pay an annual license fee in accordance with the following schedule: 8/92 ♦ C ry - 5.16.400--5.16.420 Huntington Beach Municipal Code for the first vessel $75.00 A for each and every vessel so used or operated in excess of one vessel: less than sixteen feet in length $40.00 A Sixteen feet or over but less than twenty-six feet in length $49.00 A Twenty-six feet or over but less than forty feet in length $58.00 A Forty feet or over in length $66.00 A (904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.410 Vending, bulk-vending and amusement machines. (a) Every person owning, conducting,transacting,managing, operating or carrying on the business of providing, furnishing, letting the use of, distributing or maintaining any vending machine, bulk-vending machine and/or amusement machine, as defined in this title, and not prohibited by law, shall pay an annual license fee in accordance with the following schedule: (1) Vending Machines: Service machines $ 11.50 A for each machine charging 10 to and including 4¢ $ 2.50 A for each maching charging 5¢ to and including 9¢ $ 7.00 A for each machine charging 10¢ and over $ 14.00 A for each cigarette vending machine $ 29.00 A Stamp-vending machines dispensing United States postage stamps for mailing purposes are hereby exempt from the terms and provisions hereof. (2) Bulk-vending Machines: $ 11.50 A �} for each machine charging 10 to and including 4¢ $ 2.50 A for each machine charging 5¢ to and including 9¢ $ 4.50 A for each machine charging 10¢ or over $ 7.00 A (3) Amusement Machines: for each pinball machine $ 50.00 A for each pool/billiard machine $ 50.00 A for all other amusement machines $ 50.00 A (b) In the event any license fee provided by this section on any vending or bulk-vending machine is not paid when due and payable,the owner of the business on whose business premises such vending or bulk-vending machine is located, shall be jointly and severally liable to pay the full amount of such license fee. (c) A person having a business license in connection with a fixed place of business in this City is not exempt from payment of license fees otherwise imposed by this chapter. (d) A minimum annual license fee of$337.50 shall be paid by each game arcade, amusement center room, business or parlor containing an aggregate of four or more pool tables, billiard tables, pinball machines, electronic video screen game machines, and/or other amusement devices. The fees levied under this section shall be credited toward such minimum. (2594- 2/83, 1461-2/69, 904-6/62, 838-6/61,766-7/60, 3100-5/91,3161-8/92) 5.16.420 Water companies. An annual fee of$32.00 and 85¢ per customer for the maximum number of customers at one time during the preceding calendar year. (766-7/60,904-6/62, 1604- 10/70,3100-5/91,3161-8/92) 8/92 i Ik I HUNTINGTON BEACH ORDINANCE CODE' UPDA TES (10/20/94) Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Please Remove from Code Please Add to Code Article 902 Article 902 Article 942 Article 942 Article 969.9 Article 969.9 Article 985 Article 985 Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 d8afi1es\c1eManbrdcd10.doc n l x Huntington Beach Ordinance Code 9020-=9021(c) (3) �--� Article 902 GENERAL INFORMATION AND APPLICATION (1563-4/70, 2217-9/77, 2830-5/86, 2905A-10/87, 2995-5/89, 3206-10/93, 3251B-10/94) Sections• 9020 Purpose 9021 Application 9022 Enforcement Penalties 9020 Purpose, The Zoning Ordinance for the, City of Huntington Beach is established to implement the objectives of the General Plan. It is further adopted for the purpose of promoting and protecting the public health, safety, and general welfare of Huntington Beach residents and to provide the physical, economic and social advantages which result from a comprehensive and orderly planned use of land resources. This zoning ordinance is not intended to authorize, and shall not be construed as authorizing the City of Huntington Beach to exercise its power in a manner which will take or damage private property for public use. This zoning ordinance is not intended to increase or decrease the rights of any owner of property under the constitution of the State of California or the United States. (495-6/46, 2830-5/86; 3251B-10/94) 9021 Application. (a) Scope. The provisions of these zoning regulations shall apply to all properties located within the city boundaries and to those areas the city chooses to designate outside of the incorporated city limits, . but within the city's adopted sphere of influence. (b) District maps. The location and boundaries of the various zoning districts is as delineated on the zoning maps which include an index map and sectional district maps of the city. They are adopted in their entirety as Article 906 of this ordinance. (c) District boundaries. Boundaries of the zoning districts shall be made by ordinance adopting or amending the district maps. It is the intent to place zoning boundaries on or following property lines and/or streets. Where uncertainty exists as to the specific district boundary the following rules shall apply: (1) Where such boundaries are indicated as approximately following street or lot lines, such lines shall be construed to be the boundaries. (2) Where a district boundary divides a lot, the location of such boundary, unless indicated by dimensions, shall be determined by the scale appearing on the map. (3) Where a public street or alley is officially vacated or abandoned, the area shall acquire the classification of the property to which it reverts. 10/94 S 9021(c)(4)--9022(b)(1) Huntington Beach Ordinance Code (4) Where uncertainty remains as to a district boundary line, the City '1 Council shall interpret and determine the boundary upon written request. (d) Special standards depicted on district maps. The requirements for lot size, lot width, setbacks, and density may be established as different from those set forth in the district regulations if designated on the sectional district maps as outlined below: (1) Minimum parcel size. A numerical suffix to the district symbol which is greater than one hundred (100) square feet. A numerical prefix to the district -symbol which is less than one hundred (100) shall designate the minimum parcel size in acres. (2) Minimum parcel frontage. A numerical prefix to the district symbol which is connected by a hyphen shall designate the minimum lot width in feet. (3) Setbacks. Special setback requirements may be indicated on the district maps which may show the dimensions of such required setbacks.' (4) Maximum density/intensity. A numerical suffix to the district symbol which is in parenthesis shall designate the maximum number of units per gross acre for the site. (e) Annexations/pre-Zoning. Unincorporated territory adjacent to the city may be prezoned for the purpose of determining the zone district which will apply in the event of annexation to the city. The procedure for prezoning property shall be the same as that for zone changes within the city. Such zoning shall become effective at the time the annexation becomes .effective. Any property which, after annexation or for any other reason, . does not have a designation on the zoning map shall be deemed to be zoned R1, single-family residential. i i 9022 Enforcement Penalties. (a) It shall be the duty of the director to enforce the provisions of the Ordinance Code. Official and public employees of the City of Huntington Beach shall not issue permits or licenses for structures or uses which, are in conflict with the provisions of this Code. Any such permits or licenses issues in conflict with this Code shall be deemed null and void. (2995-5/89) (b) Not withstanding any other provision of the Ordinance Code, each violation of this Code may be alternatively enforced as follows: Each method set forth herein is intended to be mutually exclusive -and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violations exist constitutes a separate offense. (2995-5/89, 3206-10/93) (1) Misdemeanor/Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for a misdemeanor or an infraction. Written 10/94 i Huntington Beach Ordinance Code 9022(b) (1)--9022(b) (2) citations for misdemeanors or infractions may be issued by Police Officers or Environmental Officers and Land Use Officers who have successfully completed a course in the Power of Arrest as specified in California Penal Section 832. This citation power is pursuant to California Penal Code 836.5. (2995-5/89, 3206-10/93) All citations issued under this Code shall be delivered to the City Attorney who shall have the prosecutory discretion as to the filing of a misdemeanor or an infraction complaint with the court as required by California Penal Code Section 853.6. (2995-5/89, 3206-10/93) Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not to exceed six (6) months, or both fine and imprisonment. A person convicted of an infraction shall be punished by a fine not to exceed five hundred dollars ($500.00) . (2995-5/89, 3206-10/93) (2) Civil Action. The City Attorney at the request of the City Council may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Code, as provided by law. (2995-5/89) j 10/94 l a s J Huntington Beach Ordinance Code 9420--9420.1 Article 942 SHORELINE DISTRICT (Sl), WATER RECREATION (WR), AND COASTAL CONSERVATION (-CC) DISTRICTS (495-6/46, 1564-4/70, 2655-12/93, 2657-10/83, 2658-12/83, 2659-12/83, 2700-7/84, 2701-7/84, 2702-7/84, 2704-7/84, 2716-9/84, 2751-4/85, 2752-4/85, 2753-4/85, 2862-10/86, 2888-12/86, 3093-2/91, 3251B-10/94) Sections: 9420 General provisions--Shoreline district 9420.1 Permitted uses 9420.2 Maximum height t 9420.3 Parking 9420.4 Location requirements 9420.5 Signs 9421 General provisions--Water recreation district 9421.1 Permitted uses 9421.2 Development standards 9422 General provisions--Coastal conservation district 9422.1 Definitions 9422.2 Coastal conservation suffix (-CC) 9422.2.1 Coastal conservation suffix--requirements 9422.3 Coastal conservation suffix--Removal of 9422.4 Uses generally 9422.5 Use permit required 9422.6 Conditional use permit required 9422.7 Prohibited uses 9422.8 Required permits and agreements 9422.9 Development standards--Mitigation measures 9422.10 Mitigation measures--Dredging 9422.11 Mitigation measures--Diking or filling 9422.12 Mitigation measures--Vegetation 9422.13 Mitigation measures--Reduction of disturbances 9422.14 Mitigation measures--Litter control 9422.15 Mitigation measures--Flood control 9422.16 Mitigation measures--Construction and improvements 9422.17 Mitigation measures--Duty of applicant 9422.18 Degraded wetland restoration 9422.19 Findings--Environmentally sensitive habitats 9420 General provisions--Shoreline district. The purpose of the S1 district is to implement the general plan land use designation of open space recreation; preserve, protect and enhance the existing and future recreation potential of the sandy beach area within the coastal zone; preserve as much of the dry sandy beach as possible; provide for a limited amount of facilities for beach users; encourage reasonable public access from Pacific Coast Highway to the beach area; and preserve existing views from Pacific Coast Highway to the ocean. (495-6/46, 1564-4/70, 2658-12/83, 2700-7/84, 2862-10/86) 9420.1 Permitted uses. The following uses shall be permitted in the S1 district subject to architectural and landscape plan approval by the Design Review Board: 10/94 a 9 9420.1 A--9420.3 Huntington Beach Ordinance Code A. Access facilities B. Basketball courts Beach concession stands for sale of refreshments and beach-related sundries (not to exceed 2,500 square feet. ) Boat loading/unloading areas for nonmotorized boats- less than 20 feet in length F. Fencing Fire rings L. Lifeguard towers, and other structures necessary for health and safety } P. Paddle ball courts Parking lots provided they would not result in the loss of recreational sand- area. Tiered parking is permitted on existing lots seaward of Pacific Coast Highway provided the parking is designed so that the tops of the structures, including walls, are located a minimum of one foot below the maximum height of the adjacent bluff Park offices Picnic tables Picnic shelters Playground facilities Public restrooms Public dressing rooms Public showers R. Recreational vehicle overnight parking (not to exceed ten (10%) percent of the available public parking spaces) S. Shoreline construction that may alter natural shoreline processes, such as groins, cliff retaining walls, pipelines, outfalls, when required to serve coastal dependent uses or to protect existing structures or public beaches in danger from erosion and that are designed to eliminate or mitigate adverse impacts on local shoreline sand supply T. Trails (bicycle or jogging) and support facilities V. Volleyball net supports (495-6/46, 1564-4/70, .2658-12/83, 2700-7/84, 2862-10/86) 9426.2 Maximum height. Maximum height shall be twenty (20) feet except for lifeguard towers or other facilities necessary for public safety. (2658-12/83, 2862-10/86) 9420.3 Parkina. Parking 'shall .not be required for new structures unless such construction displaces existing parking. Displaced parking shall be replaced on. a one-for-one basis in an area that would not result in the loss of recreational sand. Parking shall comply with the standards outlined in Article 960. (2658-12/83, 2862-10/86) 10/94 S P } Huntington Beach Ordinance Code 9420.4--9421.2(a)` 9420.4 Location requirements. (a) Concession buildings shall be located a minimum of one thousand (1,000) feet apart. (b) Beach concession stands, boat loading/unloading areas, park offices, public restrooms, dressing rooms and showers shall be located within or immediately adjacent to paved parking or access areas. (2862-10/86, 2658-12/83) ' 9420.5 Signs. Nonilluminated generic information or identification signs shall be permitted subject to approval by the Design Review Board. (2658-12/83, 2862-10/86) N 9421 General provisions--Water recreation district. The purpose of the WR district is to implement the general plan land use designation of open space water; and to provide for the preservation and enhancement of the existing and future recreation potential of tide and submerged lands in keeping with the Huntington Beach coastal element and the public trust provisions for commerce, navigation and fisheries. All other applicable city, county, state and federal regulations shall be met prior to engaging in any activity within this district. (2659-12/83, 2862-10/86) 9421.1 Permitted uses. (a) The following uses shall be permitted: B. Beaches P. Private cantilevered decks abutting residential uses (3093-2/91) Private boat ramps, slips, docks, windscreens and boat hoists in conjunction with adjacent single family dwellings (3093-2/91) Public boat ramps and piers (b) Conditional use permit. ' The following public and semipublic uses shall be permitted subject to the approval of a conditional use permit by the Planning Commission: B. Boat related activity Boat slips D. Docks M. Marine fueling docks S. Sight-seeing vessels Sport fishing W. Water taxi service (2659-12/83, 2704-7/84, 2752-4/85, 2862-10/86, 3093-2/91) 9421.2 Development standards. (a) No use shall be sited or designed so as to obstruct public access to any sandy beach or public use area. 10/94 s e 9421.2(b)--9422.1(d) Huntington Beach Ordinance Code (b) No deck or structure shall extend more than five (5) feet over or in front of any bulkhead in any channel except for a landing or brow for access to a gangway for a dock. No structure shall extend beyond the bulkhead in an area identified as environmentally sensitive such as, but not limited to, eelgrass beds and mudflats. (2704-7/84, 2752-4/85, 2862710/86) (c) No structure shall extend beyond the bulkhead in an area identified as environmentally sensitive as determined by the Department of Fish and Game. These areas include, but are not limited to, eelgrass beds and mudflats.. The Department of Fish and Game shall be contacted for the most recent information prior to issuance of any building permit for a structure extending beyond the bulkhead line. (3093-2/91). (d) Covers for projecting decks and windscreens .may be permitted if constructed of light weight materials such as plastic, canvas, fiberglass, tempered glass or metal, except for necessary bracing and framing. The maximum height for windscreens shall be nine (9) feet above the finished surface of the deck at the bulkhead line, but not exceeding the height of the second story finished floor. A minimum eighty (80%) percent of one side of such windscreen shall be open. The top portion of any windscreen shall be composed of materials and design which allow a minimum of eighty-five (85%) percent transmission of light and visibility through the windscreen in each direction when viewed from any angle. (3093-2/91) 9422 General provisions--Coastal conservation district. The purpose of the coastal conservation district is to implement the general plan land use designation of open space conservation, and provide for protection, maintenance, restoration .and enhancement of wetlands and environmentally sensitive habitat areas located within the coastal zone while permitting appropriate land uses. (2862-10/86, 2888-12/86) 9422.1 Definitions. The following words and phrases shall be construed as defined herein unless the context clearly indicates otherwise: (a) Energy facility shall mean any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or-other source of energy. (b) Environmentally sensitive (habitat) area shall mean a wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. (c) Feasible shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, social, and technological factors. (d) Functional capacity shall mean the ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. } 10/94 I Huntington Beach Ordinance Code 9422.1(e)--9422.6(c) (e) Significant disruption shall mean having a substantial adverse effect upon the functional capacity. (f) Wetland shall mean lands within the coastal zone which may be covered periodically or permanently with shallow water and include salt water marshes, swamps, mudflats and fens. (2862-10/86, 2888-12t86) 9422.2.1 Coastal conservation suffix--requirements. As it applies to parcels described as Assessors Parcel Numbers: 148-011-01, 148-011-02, 114-150-26, 114-150-51, 114-150-53, 114-150-58 and 114-150-55, the Coastal Conservation "CC" suffix shall be a conservation overlay zone classification. Within areas identified as wetlands on the subject property, the uses of the Coastal Conservation District, as identified in section 9422.5 and 9422.6, shall supersede the uses of the VSC, RA and M1-A districts. Development prohibited by sections 9422.5 - 9422.7 on wetland portions of the subject property may be permitted in non-wetland areas only pursuant to an application for a single overall development plan for the entire overlay area, or such portion thereof as may be at the time of said application geographically contiguous and under common ownership. As part of any such application the applicant shall include topographic, vegetative, hydrologic and soils information, prepared by a qualified professional and reviewed and concurred in by the Department of Fish and Game, 'which identifies the extent of any existing wetlands on the property. Conservation easements, dedications or other identified similar mechanisms shall be required over all wetland areas as a condition of development, to assure permanent protection against development inconsistent with Sections 9422.5 - 9422.7. Specific drainage and erosion control requirements shall be incorporated into the project design to ensure that wetland areas are not adversely affected. No further subdivision of any such parcel shall be permitted which would have the effect of dividing off environmentally sensitive habitat from other portions of such parcels for which urban uses are permitted in the City's Coastal Element until such time as the permanent protection on any wetland is assured. (3251B-10/94) Alternatively, if the owner of an above parcel(s) wishes to develop only the parcel(s) which has coastal element land use designations other than conservation, the required overall development plan and coastal development permit application is not required to include the wetlands determination as stated above. However, a conservation easement, dedication or other identified similar mechanism shall be required over the parcel(s) area which have a conservation land use designation and are within the parcel(s) proposed for development. The conservation easement may be removed from those parcels or portions thereof which are found not to contain wetlands through a subsequent overall development plan and coastal development permit application which shall include a wetlands determination as specified above. The above drainage and erosion control and no further subdivision provisions also apply under this alternative. (3251B-10/94) Public vehicular traffic (the extension of Hamilton Avenue) shall be permitted in wetland areas governed by a conservation easement provided the road is constructed in a manner consistent with Section 9.4.5; Area 1 (Beach Blvd. to Newland Street) and Section 6, Environmentally Sensitive Habitat of the certified Land Use Plan. (3251B-10/94) 10/94 9422.2--9422.6(c) Huntington Beach Ordinance Code 9422 2 Coastal conservation suffix (-CC). There is hereby established the suffix (-CC) to be appended to any base district to denote and protect environmentally sensitive areas. Such suffix shall take precedence over any other district designation. (2888-12/86) 9422.3 Coastal conservation suffix--Removal of. Prior to removal of the coastal conservation suffix (-CC), the following findings shall be made: (2888-12/86, 3251B-10/94) (a) No wetlands exist on the subject parcel as determined by a site-specific topographic, vegetative, hydrologic and soils analysis of the subject parcel, prepared by a qualified wetland biologist or other qualified professional and reviewed and concurred in by the Department of Fish and Game; and (3251B-10/94) (b) That the proposed removal of the suffix is in accordance with the policies, standards and provisions of the California Coastal Act; and (c) That there is no feasible, less environmentally damaging alternative site for' any proposed land use or development which may be allowed under California Public Resources Code sections 30233(a)(1) and 30264. Any such removal of the Coastal Conservation suffix (-CC) shall constitute an amendment to the Implementation Plan and, if applicable, the Land Use Plan portion of the Local Coastal Program. Pursuant to Section 30514 of the Coastal Act, an I.C.P. amendment shall -not take effect unless and until it has been effectively certified by the.California Coastal Commission. (3251B-10/94) 9422.4 Uses generally. The uses set out in this article shall only be allowed where there is no feasible,. less environmentally' damaging alternative and where feasible mitigation measures have been provided. (2862-10/86, 2888-12/86, 3251B-10/94) 9422.5 Use permit required. The following uses shall be permitted in the coastal conservation district upon approval of a use permit by the Zoning Administrator• (a) Indidental public service projects such as, but not limited to, burying cables and pipes. (b) Maintenance of existing streets and utility structures. (2862-10/86, 2888-12/86) 9422.6 Conditional use permit required. The following uses may be permitted upon approval of a conditional use permit by the Planning Commission: (a) New or expanded port, energy and coastal dependent industrial facilities, including commercial fishing- facilities. (3251B-10/94) (b) Diking, dredging and filling necessary for the protection, maintenance, restoration or enhancement of the area's functional capacity as a habitat. (c) Provision for existing flood control facilities where the primary purpose is to maintain existing capacity, necessary for public safety or to ' 10/94 9 Huntington Beach Ordinance Code 9422.6(c)--9422.8(b) protect existing development in the flood plain. No maintenance activities shall be permitted which have the effect of draining wetlands. Such maintenance activities may include maintenance dredging of less than 100,000 cubic yards in a twelve-month period; lining of in-place artificial channels; increasing the height of existing levees; changes in the cross section of the interior channel to accommodate the design capacity of channels when no widening of the top dimensions or widening of the outer levee is required. (d) Only in conjunction with restoration plans, new flood control facilities where necessary for public safety and to protect existing development in the flood plain. (3251B-10/94) N (e) Mineral extraction, including sand for beach restoration except in environmentally sensitive areas. (f) Pedestrian trails .and observation platforms for passive nature study, including bird watching and the study of flora and fauna. Such uses may be located within an environmentally sensitive habitat area provided that they are immediately adjacent to the area's peripheral edge. (g) Maintenance of existing or restoration of previously dredged depths of navigational channels, -turning basins, vessel berthing and mooring areas, and boat launching ramps. (h) Entrance channels for new or expanded boating facilities in a wetland area may be permitted. In a degraded wetland, identified by the state department of fish and game pursuant to California Public Resources Code section 30411(b), such facilities may be permitted if a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland. The maximum area of the wetland used for boating facilities, including berthing space, turning basins, necessary navigation channels, and any necessary support service facilities, shall be twenty-five (25%) percent of the total degraded wetland area. (i) Nature study, aquaculture, or similar resource dependent activities. (2862-10/86, 2888-12/86) (j) Habitat Restoration Projects. (3251B-10/94) 9422.7 Prohibited uses. Any use or structure not expressly permitted shall be prohibited. (2862-10/86, 2888-12/86) 9422.8 Required permits and agreements. Before any application is accepted for processing, proof shall be provided that the necessary state and federal regulatory permits or agreements have been obtained, or a statement from the regulatory body that such permits are not required shall be submitted: (a) United States Army Corps. of Engineers: Section 404 and Section 10 permits; Cl/ (b) California Department of Fish and Game: 1601-1603 agreement; 10/94 r � a 9422.8(c)--9422.11(c) Huntington Beach Ordinance Code (c) State Water Resource Control Board (permit depends on the operation); (d) Regional water quality control board (permit depends on operation); (e) California State Lands Commission permit. (2862-10/86, 2888-12/86)' 9422.9 Development standards--Mitigation measures. Before any application is accepted for processing, the applicant shall meet the following standards of this article, and shall incorporate into the project design any feasible mitigation measures which will minimize adverse environmental effects. (2862-101/86, 2888-12/87, 3251B-10/94) 9422.10 Mitigation measures--Dredging. Iftthe project involves any dredging, mitigation measures shall include the following: (a) Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to wetland habitats and to water circulation. (b) Limitations may be imposed on the timing of the operation, the type of operation, the quantity of dredged material removed, and the location of the spoil site. (c) Dredge spoils suitable for beach replenishment shall, where feasible, be transported to appropriate beaches or into suitable longshore current systems. (d) Other mitigation measures may include opening up areas to tidal action, removing dikes, improving tidal flushing, or other restoration measures. (2862-10/86, 2888-12/86) 9422.11 Mitigation measures--Diking or filling. If the project involves diking or filling of a wetland, the following minimum mitigation measures shall apply. These mitigation measures shall not be required for temporary or short-term fill or diking if a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. (a) If an appropriate restoration site is available, the applicant shall submit a detailed restoration plan to the director which includes provisions for purchase and restoration of an equivalent area of equal or greater biological productivity and dedication of the land to a public agency or otherwise permanently restricting its use for open space purposes. The site shall be purchased before the dike or fill development proceeds. (b) The applicant may in some cases be permitted to open equivalent areas to tidal action or provide other sources of surface water. This method of mitigation is appropriate if the applicant already owns filled, diked areas which themselves are not environmentally sensitive habitat areas, but may become so if opened to tidal action or provided with other sources of surface water. (c) If no appropriate restoration sites under options contained in this article are available, the applicant shall pay an in-lieu fee, determined 10/94 I I ` Huntington Beach Ordinance Code 9422.11(c)--9422.17 by the City Council, which shall be of sufficient value to an appropriate public agency for the purchase and restoration of an area of equivalent productive value, or equivalent surface area. This option shall be allowed only if the applicant is unable to find a willing seller of a potential restoration site. Since the public agency may also face difficulties in acquiring appropriate sites, the in-lieu fee shall reflect the additional costs of acquisition, including litigation and attorney's fees, as well as the cost of restoration, relocation and other costs. If the public agency's restoration project is not already approved by the Coastal Commission, the public agency may need to be a coapplicant for a coastal development permit to provide adequate assurance that conditions can be imposed to assure that the purchase of the mitigation site shall occur prior to the issuance of the permit. In addition, such restoration shall occur in the same general region, e.g. , within the same stream, lake, or estuary where the fill occurred. (2862-10/86, 2888-12/86) 9422.12 Mitigation measures--Vegetation. Any areas where vegetation is temporarily removed shall be replanted with a native or an adaptable species in a quantity and quality equal to the vegetation removed. (2862-10/86, 2888-12/86) 9422.13 Mitigation measures--Reduction of disturbances." Pedestrian trails, observation platforms and other incidental structures shall be designed to reduce disturbance of wildlife and vegetation. Examples of improvements to effect such reduction are elevated walkways and viewing platforms, and vegetative and structural barriers to lessen disturbances from permitted uses C-1 and inhibit internal access. (2862-10/86, 2888-12/86) 9422.14 Mitigation measures--Litter control. Passive nature study uses shall include a program to control litter such as placement of an adequate number of containers and posted signs. (2862-10/86, 2888-12/87) 9422.15 Mitigation measures--Flood control. Environmentally sensitive habitat areas shall be restored and augmented to lessen the risk of flood damage to adjacent properties. (2862-10/86, 2888-12/87) 9422.16 Mitigation measures--Construction and improvements. Any construction, alteration or other improvement shall generally be carried out between September 15 and April 15 to avoid disturbing rare, threatened, or endangered species which utilize the area for nesting. This requirement shall not apply if it can be demonstrated to the satisfaction of the director that no such disturbance would occur, in which case construction shall be timed to cause the least disturbance to wetland dependent species, such as migratory waterfowl and shorebirds. Construction or maintenance activities shall be carried out in areas of minimal size. The site shall be restored to its original state prior to completion of the project unless such site is to be altered to conform with an approved restoration project. (2862-10/86, 2888-12/87) 9422.17 Mitigation measures--Duty of applicant. The applicant shall demonstrate that the functional capacity is maintained or augmented unless relieved of any one or more of these requirements by the California Department of Fish and Game, and it is also shown that the project will not significantly: 10/94 r + 9422.17(a)--9422.19(b) Huntington Beach Ordinance Code (a) Alter existing plant and animal populations in a manner that would impair the long-term stability of the ecosystem, i.e., natural species diversity, abundance and composition are essentially unchanged as a result of the project. (b) Harm or destroy a species or habitat that is rare or endangered. (c) Harm a species or habitat that is essential to the natural biological function of .a wetland or estuary. (d) Reduce consumptive (fishing, aquaculture and hunting) or nonconsumptive (water quality and research opportunity) values of a wetland or estuarian ecosystem. (2862-10/86, 2888-12/87) t 9422.18 Degraded wetland restoration. If the proposed project involves restoration of a degraded wetland, the applicant shall comply with California Public Resources Code Sections 30411 and 30233 to the satisfaction of the director. (2862-10/86, 2888-12/87) 9422.19 Findings--Environmentally sensitive habitats. The purpose of this section is to ensure an environment which is suitable for the self-perpetuation of environmentally sensitive habitat areas. Prior to approval of energy production facilities, the decision-making authority shall make a finding with a statement of fact that: (a) Provision has been made for the enhancement of a significant portion of the project area to ensure preservation of plant and wildlife species. (b) For all other projects, a finding shall be made that the functional capacity of the environmentally sensitive habitat area is maintained. (2862-10/86, 2888-12/87) 10/94 o q Huntington• Beach Ordinance Code 969.9.0--=969.9.1 Article 969.9 "CZ" COASTAL ZONE SUFFIX (2660-12/83, 2751-4/85, 3025-2/90, 3251B-10/94) Sections• 969.9.0 Purpose 969.9.1 Definitions 969.9.2 Area of Applicability 969.9.3 Application 969.9.4 Coastal Development Permit 969.9.5 Dedication of Vertical Access 969.9.5.1 Dedication of Vertical Access 969.9.5.2 Dedication of Lateral Access 969.9.5.3 Access Dedication Policies 969.9.5.4 Easement for Public Access Required 969.9.5.5 Public Use Areas. Signs Required 969.9.6 Visual Resources 969.9.7 Community Facilities 969.9.8 Diking, Dredging and Filling 969.9.9 Hazards 969.9.10 Buffer Requirements 969.9.11 Energy. 969.9.12 Residential Density Limitations 969.9.13 Height Restrictions 969.9.14 Parking Requirements 969.9.15 Signs 969.9.16 Permitted Uses for Land Use Designations 969.9.17 Recreation Designation 969.9.18 Development Standards. Recreation District 969.9.19 General Industrial District. Permitted Uses 969.9.20 Resource Production District. Permitted Uses 969.9.21 General Commercial District. Permitted Uses 969.9.22 Public, Quasi Public and Institutional District. Permitted Uses 969.9.23 Residential Low, Medium and High-Density Districts. Permitted Uses 969.9.24 Planned Residential Developments. Conditional Uses 969.9.25 Mobilehome Districts. Permitted Uses 969.9.26 Districts With Oil Suffixes. Permitted Uses 969.9.28 Flood Plain Districts (-FP1, FP2) 969.9.29 Conditional Use Permit Required--Any District 969.9.0 Purpose. The purpose of the coastal zone suffix (CZ) is to provide supplementary regulations and specified permitted uses for those areas in the city of Huntington Beach which lie within the coastal zone as it now exists or may hereinafter be amended, and as such require special consideration to assure that they are developed in a manner that will implement the California Coastal Act of 1976 (Division 20 of the Public Resources Code) and be in accord with the policies set forth in the Coastal Element of the Huntington Beach General Plan. (2751-4/85) 969.9.1 Definitions. The following definitions shall only apply to districts bearing the CZ suffix. 10/94 969.9.1--969.9.5 Huntington Beach Ordinance Code Lateral Access: Means public access along the coast. Vertical Access: Means public access from the nearest public roadway to the shoreline. 969.9.2 Areas of Applicability. The provisions of this section are applicable to all land and water within the CZ District and are in addition to the provisions of "Purpose and Effect of Districting" within the Huntington Beach Ordinance Code. Where uncertainty exists as to the exact location of the CZ District boundary, the following rules shall apply: (A) When a portion of a building site lies, or appears to lie partially within the CZ District and any existing or proppsed development of such building site is within the CZ District, the building site shall be considered to be within the CZ District. (B) When a portion of a building site lies, or appears to lie partially within the CZ District and no development of such building site is within the CZ District, the building site shall be considered to be not within the CZ District. (C) When a public or private street or a highway lies partially within the CZ District, the entire width of that portion of such street or highway lying partially within the CZ District shall be considered .to be within the CZ District. 969.9.3 Application. The CZ District is a suffix district that may be combined with any base district; however, the CZ District is intended to be applied only within the area of the Coastal Zone described by the Public Resources Code. In any district where the district symbol is followed by, as a part of such symbol, hyphenated letters, "CZ," thus: -CZ, the additional provisions of Article 989.5 shall apply. The district symbol shall constitute the "base district" and the CZ suffix shall constitute the "combining district." Whenever any provisions of the CZ District and any other law or ordinance impose overlapping or contradictory regulations, and when the CZ District requires procedures and discretionary actions not required by any other law or ordinance, the requirements of the CZ District shall supersede and shall be satisfied or complied with either in combination with or in addition to those procedures required to comply with other laws and ordinances. 969.9.4 Coastal Development Permit. Any district bearing the CZ suffix shall be subject to the provisions contained in the "Coastal Development Permit" of the Huntington Beach Ordinance Code. (2751-4/85) 969.9.5 Public Access to Coastal Resources. Dedications of public access to coastal resources shall be required within the CZ District as a condition of development prior to issuance of a permit, as set out in this article. (2751-4/85) 969.9.5.1 Dedication of Vertical Access. An offer of dedication of an easement shall be required in all new development to allow vertical access to the shoreline, public recreation areas, public trails, or to bikeways. Offers of dedication for vertical access shall be provided as a condition of new development on parcels adjacent to sandy beaches or recreation areas, on . 10/94 a Huntington Beach Ordinance Code 969.9.5.1-' -969.5.3(a) �-. vacant parcels, on parcels designated for commercial use; and in conjunctibn with replacement of existing structures on waterfront parcels. Offers for vertical access dedication shall not be required when: (2751-4/85) (a) Adequate access exists nearby or is proposed by the land,use plan within one thousand (1000) feet; or (2751-4/85) (b) Access at the site would significantly degrade environmentally-sensitive habitat areas; or (2751-4/85) (c) Findings are made consistent with Section 30212 of the Coastal Act that access is inconsistent with public safety, military security needs, or that agriculture would be adversely affected; or (2751-4/85) (d) The parcel is too narrow for an adequate privacy buffer separating the accessway from the existing residence, and would, therefore, adversely affect the privacy of the property owner. The following guideline shall be used in determining adequacy of privacy buffers: there should be at least fifteen (15) feet between the existing residence and the side yard property line for an adequate buffer. (2751-4/85) These exceptions, (a)-(d), shall not apply to the Pacific Electric right-of-way. (2751-4/85) 969.9.5.2 Dedication of Lateral Access. An offer of dedication of an easement shall be required in conjunction with all new development between the first public road and the sea to allow lateral public access and passive recreational use along the shoreline, public recreation areas, or public trails and bikeways except when: (2751-4/85) (a) Findings are made under California Public Resources Code Section 30212 that access is inconsistent with public safety, military security needs, or that agriculture would be adversely affected; or (2751-4/85) (b) Access at the site would significantly degrade environmentally-sensitive habitat areas; or (2751-4/85) (c) The parcel is too narrow for an ,adequate privacy buffer separating the lateral accessway from an existing residence. The following guideline shall be used in determining adequate privacy buffers: there must be at least fifteen (15) feet between an existing residence, patio cover or pool and the shoreline in order to accommodate both an accessway and a privacy buffer. (2751-4/85) . Exceptions set out in subsections (b) and (c) shall not apply to the Pacific Electric right-of-way. (2751-4/85) 969.9.5.3 Access Dedication Policies. The following policies shall be applicable to access dedications: (a) Access will not be required on existing developed residential parcels 0 which do not front a sandy beach, which have bulkheads and are not adjacent to recreation or public use areas and other existing or proposed lateral or vertical easements, or when development is proposed on an 10/94 969.9.5.3(a)--969.9.6(a) Huntington Beach Ordinance Code existing subdivided single-family residential lot between developed residential parcels. (2751-4/85) (b) In no case shall development in any way diminish or interfere with the public's right of access to- the sea where acquired through prescriptive use or legislative authorization. (2751-4/85) (c) The city may accept offers of dedication for access consistent with its ability to assume maintenance and liability. If not accepted by the city, offers of dedication of access may be accepted by any other public agency or.private association, provided that such other agency or association- shall- be able to assume maintenance and operation of the' accessway prior to opening it to the public. (2751-4/85,) 969.9.5.4 Easement for Public Access Required. Prior to transmittal of a coastal, permit, the applicant shall cause to be executed and recorded a document, in a form and content approved by the Director and the City Attorney for an easement for public access and passive recreation to and along the shoreline as required by this article. In the case of lateral access on sandy beaches, the easement shall. be for the length of the property and shall' be from the mean high tideline to a point twenty-five (25) feet inland from the daily high water line. On..a_ll other parcels which require lateral access, the- easement shall be for the length of the property and shall be from the mean high tideline to a point ten (10) feet inland from the daily high water line. In addition to the ten (10) foot easement, new development on vacant parcels , _ shall provide a fifteen, (15) foot structural setback of all buildings (including attached stairways; balconies, etc. ) . Such fifteen (15) foot setback. shall remain .free of all structures except for accessory structures such as patios, pools, landscaping and open.fences. These structures may be located on fill no more than thirty (30) inches above the grade of the adjacent public access. On an R1 lot,, between existing develope& lots adjacent to existing public accessways, the easement shall be consistent with the width of, the adjacent public accessways, and structural setbacks shall be consistent with the setback of the adjacent structures. In the case of vertical easements they shall -be described as extending from the property line to the mean high tide line. The easements shall be recorded free of prior liens except for tax liens, which shall remain the liability of the owner of the fee, and free of prior encumbrances which the Director determines may affect the interest being conveyed. The offers shall run with the land, binding successors and assigns of the applicant or landowner. The offer of dedication shall be irrevocable for a period of- twenty-one (21) years, such period -running from the date of recordation. (2751-4/85) 969.9.5.5. Public Use Areas Signs Required. As a condition of new development on parcels on or adjacent to recreation areas, public accessways, public use areas, trails, bikeways or the shoreline, or in conjunction with dedications of lateral or vertical access, the applicant shall provide signs identifying the publ•ic ,access and public use- areas subject to all other provisions of this district. (2751-4/85) i 969.9.6 Visual Resources. . (a) An applicant proposing new development shall provide the Director with an evaluation of the project's visual impact, and incorporate in its design, to the satisfaction of the Director, the following elements: (2751-4/85) 10/94 I a Huntington Beach Ordinance Code 969.9.6(a)(1)--969.9.10(a) (1) Preservation of public views to and from the bluffs, to .the.. shorelirie and ocean, and to the wetlands. (2751-4/85) (2) Conservation of energy and facilitation of public transit through design and location. (2751-4/85) (3) Adequate landscaping and vegetation. (2751-4/85) (4) To the maximum extent feasible, the preservation of existing mature trees. (2751-4/85) (b) The following shall be prohibited: (1) Any alteration of the natural land form of the bluffs seaward of Pacific Coast Highway. Alterations necessary for development of public trails and stabilization of bluffs may be permitted subject to city approval. (2751-4/85) (2) Development along the bluffs rising to the Bolsa Chica mesa which will alter the natural land form or threaten the stability of the bluffs. (2751-4/85) 969.9.7 Community Facilities. Prior to the issuance of a development entitlement, the city shall make the finding that adequate services (e.g. , water, sewer, roads, etc. ) can be provided to serve the proposed development consistent with policies contained in the certified land use plan at the time of occupancy. (2751-4/85) 969.9.8 Diking, Dredging and Filling. Diking, dredging or filling shall be permitted only where there is no feasible less environmentally-damaging alternative and where feasible mitigation measures have been provided, and shall be subject to the provisions contained in Sections 969.7.1, 969.7.5, 969.7.6, 969.7.7 of Article 969.7, "Coastal Conservation District." (2751-4/85) 969.9.9 Hazards. As a condition of new development; the applicant shall be required to submit a report evaluating geologic, seismic, flood and fire hazards, and shall be required to: (2751-4/85) (a) Comply with all recommendations and provisions contained in the Alquist-Priolo Special Studies Zones Act (California Public Resources Code Chapter 7.5) for identified seismic hazards. (2751-4/85) (b) Comply with all provisions relating to the "Floodplain District" contained in this code. (2751-4/85) 969.9.10 Buffer Requirements. As a condition of development adjacent to environmentally-sensitive habitats, buffers shall be required as follows: (a) A minimum one hundred (100) foot buffer from the landward edge of the habitat within the development area. If the existing development or site configuration cannot accommodate a one hundred (,100) foot buffer,then the buffer shall be established pursuant to subsection (c) hereof and shall be reviewed by the California Department of Fish and Game. (2751-4/85) • 10/94 i 969.9.10(b)--969.9.11(b)(2) Huntington Beach Ordinance Code (b) In cases of high-intensity development, a wider buffer may be required as set out in subsection (c) hereof. (2751-4/85) (c) Buffers shall be established according to the following standards: (1) Biological Significance of Adjacent Lands. The buffer should be sufficiently wide to protect the functional relationship between wetland and adjacent upland. (2751-4/85) (2) Sensitivity of Species to Disturbance. The buffer should be sufficiently wide to ensure that the most sensitive species will not be disturbed significantly by permitted development, based on habitat requirements of both resident and migratory species and the short and long-term adaptability of various species to the presence of human beings. (2751-4/85) (3) Susceptibility of Parcel to Erosion. The buffer should be sufficiently wide to allow for interception of any additional material eroded as a result of the -proposed development, based on soil, vegetation, slope and runoff characteristics, and impervious surface coverage. (2751-4/85) (4) Use of Existing Cultural Features to Locate Buffer Zones Where ' feasible, development should be located on the sides of roads, dikes, irrigation canals, flood control channels, etc. away from environmentally-sensitive habitat areas. (2751-4/85) 969.9.11 Energy. All new development shall comply with Chapters 15.22, "Screening and Landscaping" and Chapter 15.24, "Cleanup and Maintenance" of the Huntington Beach Municipal Code, and such chapters shall be certified as part of .the Local Coastal Program implementation. New, modified or expanded energy facilities .shall .comply with the following: •(2751-4/85) (a) Oil operations shall be located where there are no other feasible locations which are less environmentally damaging or less disruptive to significant social, aesthetic or economic concerns, and shall be located in the following priority: (2751-4/85) (1) Existing consolidated islands; (2751-4/85) (2) New consolidated islands; (2751-4/85) (3) , Existing oil parcels; (2751-4/85) (4) New parcels outside the coastal zone; and (2151-4/85) (5) New parcels within the coastal zone. (2751-4/85) i (b) Prior to approval of new or relocated pipelines or transmission lines the applicant shall: (1) Submit a survey along the route of the pipeline or transmission line, identifying and assessing coastal resources, including but not limited to, beaches, recreation areas, significant vegetation, wetlands and other environmentally-sensitive habitats, bluffs, streams, and marine resources. (2751-4/85) (2) Submit a report evaluating g potential impacts from construction and operation, and proposing mitigation measures. (2751-4/85) 10/94 I Huntington Beach Ordinance Code 969.9.11(b) (c)--969.9.13 (c) New pipelines shall: (1) Be consolidated in existing corridors and. shall avoid recreation areas and environmentally-sensitive habitat areas unless there is no feasible less environmentally-damaging, alternative location. (2751-4/85) (2) Incorporate automatic shutoff valves to isolate any segments carrying hazardous liquids. (2751-4/85) (3) Incorporate erosion control measures during construction and mitigation measures to repair grading or vegetation removal including, but not limited to, replacing topsoil on the site and revegetation. (2751-4/85) (4) Be constructed without the use of any chemical herbicides. (2751-4/85) (5) Be underground. (2751-4/85) (d) Development of electrical transmission lines shall be consolidated in existing corridors where feasible. (2751-4/85) (e) New development of separation and treatment facilities shall be permitted only if: (1) It is infeasible to utilize excess capacity of existing facilities. (2751-4/85) (2) Location and design of the site is consistent -with other provisions of this "CZ" district and other applicable districts. (2751-4/85) 969.9.12 Residential Density Limitations. Areas designated in the coastal element for residential development shall conform to the following coastal element density limitations: (a) Low Densitv: shall not exceed seven (7) dwelling units per gross acre of land. (2751-4/85) (b) Medium Density:, shall not exceed fifteen (15) dwelling units per gross acre of land. (2751-4/85) (c) Medium-high Density: shall not exceed twenty-five (25) dwelling units per gross acre of land. (2751-4/85) (d) High Density: may be developed at a density not to exceed thirty-five (35) dwelling units per gross acre of land. (2751-4/85) 969.9.13 Height Restrictions. No structure within the CZ district shall exceed the district height restriction, or thirty-five (35) feet in height for a residential structure, or fifty (50) feet for a commercial structure, whichever is more restrictive, except as specified by a floor area ratio (FAR) . in the coastal element. (2751-4/85) \ The following additional heights shall be permitted: 10/94 1 969.9.13(a)--969.9,.15(h) Huntington Beach Ordinance Code (a) Ten (10) feet in height for roof-line treatment, architectural features such as chimneys, solar energy equipment and mechanical devices. The air f space granted, for these purposes" shall not be used as an additional habitable area. . (2751-4/85) (b) Fourteen (14) feet in height for elevator equipment. All mechanical devices, except for solar panels, shall be set back and screened so that they cannot be seen from public rights-of-way. (2751-4/85) 969.9.14 Parking Requirements. If any existing oceanside or onstreet parking is removed, it shall be replaced on a one-for-one basis in an area that would not result in the loss of any sandy beach area and within walking distance of the existing site. Replacement parking shall be assured ,prior to the issuance of the coastal development permit. Development shall comply with the off-street parking requirements of the Huntington Beach Ordinance Code. (2751-4/85) 969.9.15 Signs. The general regulations contained in this section shall apply to all signs and all use districts. For the purpose of the CZ district, "sign", .does not include governmental signs constructed and maintained pursuant to and in discharge of any governmental function. Signs shall conform with the height and area restrictions contained in the Huntington Beach Ordinance Code unless otherwise provided herein. (2751-4/85) (a) Any illuminated sign or lighting device shall employ only light emitting a constant intensity: (2751-4/85) (b) No sign shall be illuminated by or contain flashing, blinking, moving, rotating, or. intermittent light or lights. (2751-4/85) (c) No sign or lighting device shall be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a 'public street, highway, sidewalk, or adjacent premises which causes glare or reflection that may constitute a traffic hazard or nuisance. (2751-4/85) (d) No sign shall be placed on, attached to, or extend above the roof of any building. (2751-4/85) (e) No sign or part thereof shall contain or consist of, banners, posters, pennants, ribbons, streamers, spinners, or other similar moving devices. Such devices, as well as strings of lights, shall not be used for the purpose of advertising or attracting attention, except as otherwise provided in the Huntington Beach Ordinance Code. (2751-4/85)' (f) No sign .erected or maintained in the window of a building, visible from any public or private street or highway, shall occupy more than twenty per cent (20%) of the window surface. (2751-4/85) (g) All signs hung and constructed shall be plainly marked, with the name of,. the person, firm', or corporation hanging or constructing the sign. (2751-4/85) (h) No building wall shall be used for display of advertising except that which relates to an activity, service or commodity available on the premises. (2751-4/85) 10/94 f • d a Huntington Beach Ordinance Code 969.9.15(i)--969.9.19 ei) No sign shall be displayed which has mechanical movement of any kind including but not limited to, rotating, revolving, moving, gyrating, or animated parts. (2751-4/85) (j) Billboards, off-site advertising signs, and other signs which give direction to or identify a use or product not sold or offered at the location of the sign are prohibited. (2751-4/85) (k) Subject to the requirements of California Business and Professions Code Section 5412.1, all existing billboards in residentially planned and zoned areas shall be removed. (2751-4/85) 969.9.16 Permitted Uses for Land Use Designations. Notwithstanding any provisions of the base district, parcels bearing the CZ suffix shall be limited to the uses contained in this article for each land use designation. (2751-4/85) 969.9.17 Recreation Designation. The following uses shall be permitted (excluding the beaches oceanward of Pacific Coast Highway) : (a) Beaches, parking lots, concessions, campgrounds, parks, picnic grounds, golf courses, racquet, boating and swimming clubs, athletic fields, stables, bicycle and other recreational rentals, arboretums, archery ranges, bird sanctuaries, recreation centers, and visual art festival grounds. (2751-4/85) (b) Marinas and marine-related facilities such as launching ramps and fueling docks are permitted as conditional uses. (2751-4/85) (c) The permitted uses for recreation areas adjacent to the Huntington Beach mesa shall be limited to low-intensity uses including picnic grounds, ' arboretums, bird sanctuaries, trails. High-intensity uses such as public or private tennis courts, athletic fields, stables, campgrounds or other commercial recreation shall be conditional only, and shall be located in nodes adjacent to existing developed areas and roads and to avoid sensitive habitats. (2751-4/85) (d) Uses within the recreation designation on the Bolsa Chica bluffs shall be limited to low-intensity uses. Major recreational facilities are prohibited. Existing mature stands of eucalyptus trees shall be preserved. Adjacent development shall conform to buffer standards. (2751-4/85) 969.9.18 Development Standards. RECREATION DISTRICT. In addition to other provisions of this district, the following development standards shall apply: (a) Minimum parcel or building site: none. (2751-4/85) (b) Maximum height of structures: 35 feet. (2751-4/85) 969.9.19 General Industrial District. Permitted Uses. Uses permitted in a general industrial district are: light manufacturing, assembly, packaging, electronics, wholesale distribution, machine shops, warehousing, storage, dry boat storage, administrative offices and service uses. (2751-4/85) 10/94 ._ ...._. .. .__._-_ a 969.9.20- 969.9.23(d) Huntington Beach Ordinance Code 969 9 20 Resource Production District. PERMITTED USES. Uses permitted in a resource production district are: oil wells, injection equipment, separation and treatment facilities, storage tanks, transmission lines, equipment storage maintenance yards, and administrative offices associated with oil operations. (2751-4/85) 969 9 21 General Commercial District. Permitted Uses. Uses permitted in a general commercial district are: convenience, neighborhood and community oriented retail and business uses. (2751-4/85, 3251B-10/94) (a) Development for any parcel or portion thereof designated with the Coastal conservation suffix (-CC) shall be permitted only pursuant to an overall development plan for all such parcels, if at said time of application the parcels are geographically contiguous, under common ownership, and carry the Coastal conservation suffix (-CC) . All provisions of Section 9422.2.1 shall be applicable. (3251B-10/94) 969.9.22 Public; Ouasi Public and Institutional District. Permitted'Uses. Uses permitted in a public, quasi public and institutional district are: (a) Government facilities, schools, colleges, libraries, police and fire stations and training facilities, churches, utilities, and sanitation plants. (2751-4/85) (3025-2/90) 969.9.23 Residential Low, Medium and High-Density Districts. Permitted Uses. Uses permitted in residential low, medium and high-density districts are as follows: (a) Low density: detached single-family dwellings. (2751-4/85) (b) Medium density: single-family and multi-family dwelling units; two or more attached, permanently-located dwelling units. (2751-4/85) (1) A conditional use permit is required for development on the mud dump site, located southwest of Magnolia Street and Hamilton Avenue. Prior to approval of an application for such development, the applicant shall submit a characterization analysis. If the analysis indicates contamination with harmful deposits, the applicant shall provide for cleanup. of the site prior to issuance of any permit. (2751-4/85, 3025-2/90) (2) If an•inventory conducted by the California Department of Fish and Game of plant and associated animal species on the rotary mud dump reveals the presence of wetlands, and the necessary cleanup destroys them, mitigation in the form of restoration on another site or in-lieu fees must be provided by the owner of the site consistent with the requirement of the Coastal Conservation Zone pursuant to Section 969.7.6 of the Implementing Ordinances. (3025-2/90) (c) High Density: two or more attached permanently-located dwelling units, . and single-family residences. (2751-4/85) (d) Structures customarily incidental to and accessory to a residential unit. 10/94 i Huntington Beach Ordinance Code 969.9.23(e)--969.9.29 (e) Schools, parks, recreation areas, churches, fire stations, utility substations, day care centers, convenience commercial centers by special permit. (2751-4/85, 3025-2/90) 969.9.24 Planned Residential Developments. Conditional Uses. Planned residential developments shall require a conditional use permit. (2751-4/85) 969.9.25 Mobilehome Districts. Permitted Uses. . Mobilehome parks, and uses incidental to and normally found in conjunction with, mobilehomes and mobilehome parks shall be permitted. (2751-4/85) 969.9.26 Districts With Oil Suffixes. Permitted Uses. Petroleum extraction equipment, storage tanks, and transportation pipelines shall be permitted uses in districts where oil production is combined with other uses. (2751-4/85) 969.9.28 Flood Plain Districts (-FP1 -FP2). In areas identified as wetlands, the uses listed for a coastal conservation district shall take precedence over permitted and conditional uses listed for a floodplain district. (2751-4/85) 969.9.29 Conditional Use Permit Required--Any District. Pipelines in any district shall require a conditional use permit. (2751-4/85) 10/94 Huntington Beach Ordinance Code 9850--9853 Article 985 DESIGN REVIEW BOARD (1525-10/69, 1571-4/70, 1589-7/70, 1956-1/75, 2381-7/79, 3017-12/89, 3085-12/90, 3112-6/91, 3249A-10/94) Sections: 9850 Design Review Board Established 9851 Duties 9852 Appeals 9853 Membership 9853.1 Terms of Office 9853.2 Bylaws 9853.3 Secretary 9854 Application 9854.1 Design Criteria 9854.2 Design Factors 9854.3 Design Review Board Guidelines 9850 Design Review Board Established. There is hereby created a Design Review Board for the City of Huntington Beach referred to herein as the "Board." (2381-7/79, 3017-12/89) 9851 Duties. The duties of the Board shall include the following: (3017-12/89, 3112-6/91) (a) Encourage, guide, and recommend attractive aesthetically and harmonious, compatible development projects within designated areas of the City through the process of design review. (3017-12/89, 3112-6/91) (b) Review, make recommendations or take final action on the proposed design of any project to be constructed, altered or modified in areas designated Civic Facilities (CF), Civic District (CD), Redevelopment Survey and Project Areas, the Downtown Specific Plan and/or other areas so designated by the City Council. (3017-12/89, 3112-6/91) (c) Recommend to the Director, Zoning Administrator, Planning Commission and/or City Council either approval, conditional approval or denial of any design review application. (3017-12/89, 3112-6/91) 9852 Appeals. Any action of the Board rendered when acting as a decision making body, may be appealed to the Planning Commission as provided in this code. Any action of the Board rendered when action on a request from the Zoning Administrator, the Planning Commission, or the City Council, may be appealed to the body originating the request as provided by this code. (3017-12/89, 3112-6/91) 9853 Membership. The Board shall be composed of five (5) members. The membership shall consist of the following: (3017-12/89, 3085-12/90, 3112-6/91, 3249A-10/94) Two (2) At-large members, consisting of current City residents chosen by the City Council. Alternate City Residents may be designated by the City Council. (3249A-10/94) ) 10/94 9853--9854.1 Huntington Beach Ordinance Code One (1) current City Planning Commissioner chosen by the Planning Commission. An alternate Commissioner may be designated by the Planning Commission. (3249A-10/94) The Community Development Director or his/her designee. (3249A-10/94) The Public Works Director or his/her designee. (3249A-10/94) 9853.1 Terms of Office. (3017-12/89, 3085-12/90, 3112-6/91, 3249A-10/94) (a) At-large members. The term of office for At-large members shall be four (4) years, except as hereinafter provided. One At-large member shall be appointed in 1994, and each fourth year thereafter. One At-large member shall be appointed in 1994 for a two year term, and each fourth year thereafter. No At-large member shall serve more than two (2) consecutive terms, except that the current At-large member may be appointed for the two (2) year term mentioned herein. At-large members may serve until their respective successors are appointed and qualified. An At-large member may be removed prior to the expiration of his/her term by a motion adopted by the City Council. (3249A-10/94) (b) Planning Commission member. The term of the Planning Commission member shall expire when such member ceases to be a member of the Planning Commission. A Planning Commission member may be removed prior to the expiration of his/her term by a motion adopted by the Planning Commission. Members may serve until their respective successors are r appointed and qualified. (3249A-10/94) 9853.2 Bylaws. The Board shall adopt bylaws and rules as it deems necessary for the selection of its officers, the time and place of its meetings and such other matters relative to its work and administration of its duties which are not otherwise provided for by statute, ordinance or resolution. (3017-12/89, 3112-6/91) 9853.3 Secretary. The Director of the Department of Community Development, or a person so designated by the Director, shall serve as Secretary to the Design Review Board without the power to vote. The Board may request any officer or employee of the City for assistance to the Board. (3017-12/89, 3112-6/91) 9854 Application. Prior to the issuance of any permits, a project within an area designated for design review shall first submit an application to the Department. The Board shall act on all applications within thirty (30) days of submittal. (3017-12/89, 3112-6/91) 9854.1 Design Criteria. The Board shall utilize the following design criteria in the review of applications: (3017-12/89, 3112-6/91) (a) The architectural and landscape design of a project must integrate harmoniously with the existing or planned character of the immediate neighborhood. (3017-12/89, 3112-6/91) (b) The design must be compatible in scale and aesthetic treatment with existing and proposed public and private developments within reviewed` areas of the City. (3017-12/89, 3112-6/91) 10/94 Huntington Beach Ordinance Code 9854.1(c)--9854.3 (c) The design must not detract from the desirability and/or aesthetic quality of the immediate neighborhood. (3017-12/89, 3112-6191) (d) The design must avoid extremes of dissimilarity or monotony in order to prevent depreciation in property appearance and value. (3017-12/89, 3112-6/91) 9854.2 Design Factors. The Board shall consider the following design factors in applying the above criteria to a project proposal. (3017-12/89, 3112-6/91) (a) Height, location, bulk, area, materials, colors, type and variations in any structure, facility, landscaping or'\architectural feature so considered. (3017-12/89, 3112-6/91) (b) Site layout, orientation and relationship to open areas, topography and existing or proposed structures in the surrounding neighborhood. (3017-12/89, 3112-6/91) (c) Sign design and its relation to the proposed use and surrounding neighborhood. (3017-12/89, 3112-6/91) (d) The probable useful life of other structures on the site and in the immediate area. (3017-12/89, 3112-6/91) (e) Relation of the proposed use to other existing and proposed facilities. (3017-12/89, 3112-6/91) (f) All applicable provisions of this code. (3017-12/89, 3112-6/91) 9854.3 Design Review Board Guidelines. The Board shall implement any adopted design guidelines as necessary in order to facilitate the administration of its duties provided in this Article. (3112-6/91) 10/94 Huntington Beach Ordinance Code 9020--9021 (c)(4) Article 902 GENERAL INFORMATION AND APPLICATION (1563-4/70, 2217-9/77, 2830-5/86, 2905A-10/87, 2995-5/89, 3206-10/93) Sections• 9020 Purpose 9021 Application 9022 Enforcement Penalties 9020 Purpose. The Zoning Ordinance for the City of Huntington Beach is established to implement the objectives of the General Plan. It is further adopted for the purpose of promoting and protecting the public health, safety, and general welfare of Huntington Beach residents and to provide the physical , economic and social advantages which result from a comprehensive and orderly planned use of land resources. (495-6/46, 2830-5/86) 9021 Application. (a) Scone. The provisions of these zoning regulations shall apply to all properties located within the city boundaries and to those areas the city chooses to designate outside of the incorporated city limits, but within the city' s adopted sphere of influence. (b) District mans. The- location and boundaries of the various zoning / districts is as delineated on the zoning maps which include an index map and sectional district maps of the city. They are adopted in their entirety as Article 906 of this ordinance. (c) District boundaries. Boundaries of the zoning districts shall be made by ordinance adopting or amending the district maps. It is the intent to place zoning boundaries on or following property lines and/or streets. Where uncertainty exists as to the specific district boundary the following rules shall apply: (1 ) Where such boundaries are indicated as approximately following street or lot lines, such lines shall be construed to be the boundaries. (2) Where a district boundary divides a lot, the location of such boundary, unless indicated by dimensions, shall be determined by the scale appearing on the map. (3) Where a public street or alley is officially vacated or abandoned, the area shall acquire the classification of the property to which it reverts. (4) Where uncertainty remains as to a district boundary line, the City Council shall interpret and determine the boundary upon written request. (d) Special standards depicted on district maps. The requirements for lot size, lot width, setbacks, and density may be established as different from those set forth in the district regulations if designated on the sectional district maps as outlined below: 10/93 9021 (d)(1 )--9022(b)(1 ) Huntington Beach Ordinance Code (1 ) Minimum parcel size. A numerical suffix to the district symbol which is greater than one hundred (100) square feet. A numerical prefix to the district symbol which is less than one hundred (100) shall designate the minimum parcel size in acres. (2) Minimum parcel frontage. A numerical prefix to the district symbol which is connected by a hyphen shall designate the minimum lot width in feet. (3) Setbacks. Special setback requirements may be indicated on the district maps which may show the dimensions of such required setbacks. (4) Maximum density/intensity. A numerical suffix to the district symbol which is in parenthesis shall designate the maximum number of units per gross acre for the site. (e) Annexations/pre-Zoning. Unincorporated territory adjacent to the city may be prezoned for the purpose of determining the zone district which will apply in the event of annexation to the city. The procedure for prezoning property shall be the same as that for zone changes within the city. Such zoning shall_become effective at the time the annexation becomes effective. Any property which, after annexation or for any other reason, does not have a designation on the zoning map shall be deemed to be zoned R1 , single-family residential . 9022 Enforcement Penalties. (a) It shall be the duty of the director to enforce the provisions of the Ordinance Code. Official and public employees of the City of Huntington Beach shall not issue permits or licenses for structures or uses which are in conflict with the provisions of this Code. Any such permits or licenses issues in conflict with this Code shall be deemed null and void. (2995-5/89) (b) Not withstanding any other provision of the Ordinance Code, each violation of this Code may be alternatively enforced as follows: Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violations exist constitutes a separate offense. (2995-5/89, 3206-10/93) (1 ) Misdemeanor/Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for a misdemeanor or an infraction. Written citations for misdemeanors or infractions may be issued by Police Officers or Environmental Officers and Land Use Officers who have successfully completed a course in the Power of Arrest as specified in California Penal Section 832. This citation power is pursuant to California Penal Code 836.5. (2995-5/89, 3206-10/93) All citations issued under this Code shall be, delivered to the City Attorney who shall have the prosecutory discretion as to the filing of a misdemeanor or an infraction complaint with the court as required by California Penal Code Section 853.6. (2995-5/89, 3206-10/93) 10/93 h Huntington Beach Ordinance Code 9022(b)(1 )--9022(b)(2) Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not to exceed six (6) months, or both fine and imprisonment. A person convicted of an infraction shall be punished by a fine not to exceed five hundred dollars ($500.00) . (2995-5/89, 3206-10/93) (2) Civil Action. The City Attorney at the request of the City Council may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Code, as provided by law. (2995-5/89) 10/93 a 9420--9420. 1 Article 942 SHORELINE DISTRICT (S1) , WATER RECREATION (WR), AND COASTAL CONSERVATION (—CC) DISTRICTS (495-6/46, 1564-4/70, 2655-12/93, 2657-10/83, 2658-12/'83, 2659-12/83, 2700-7/84, 2701-7/84, 2702-7/84, 2704-7/84, 2716-9/84, 2751-4/85, 2752-4/85, 2753-4/85, 2862-10/86, 2888-12/86, 3093-2/91 ) Sections: 9420 General provisions--Shoreline district 9420. 1 Permitted uses 9420.2 Maximum height 9420.3 Parking 9420.4 Location requirements 9420.5 Signs 9421 General provisions--Water recreation district 9421 . 1 Permitted uses 9421 .2 Development standards 9422 General provisions--Coastal conservation district 9422. 1 Definitions 9422.2 Coastal conse-rvation suffix (—CC) 9422.3 Coastal conservation suffix--Removal of 9422.4 Uses generally 9422.5 Use permit required 9422.6 Conditional use permit required 9422.7 Prohibited uses 9422.8 Required permits and agreements 9422.9 Development standards--Mitigation measures 9422. 10 Mitigation measures--Dredging 9422. 11 Mitigation measures--Diking or filling 9422. 12 Mitigation measures--Vegetation 9422. 13 Mitigation measures--Reduction of disturbances 9422. 14 Mitigation measures--Litter control 9422. 15 Mitigation measures--Flood control 9422. 16 Mitigation measures--Construction and improvements 9422. 17 Mitigation measures--Duty of applicant 9422. 18 Degraded wetland restoration 9422. 19 Findings--Environmentally sensitive habitats 9420 General provisions--Shoreline district. The purpose of the S1 district is to implement the general plan land use designation of open space recreation; preserve, protect and enhance the existing and future recreation potential of the sandy beach area within the coastal zone; preserve as much of the dry sandy beach as possible; provide for a limited amount of facilities for beach users; encourage reasonable public access from Pacific Coast Highway to the beach area; and preserve existing views from Pacific Coast Highway to the ocean. (495-6/46, 1564-4/70, 2658-12/83, 2700-7/84, 2862-10/86) 9420.1 Permitted uses. The following uses shall be permitted in the Sl district subject to architectural and landscape plan approval by the Design Review Board: 2/91 9420. 1 A--9420.3 A. Access facilities B. Basketball courts Beach concession stands for sale of refreshments and beach-related sundries (not to exceed 2,500 square feet. ) Boat loading/unloading areas for nonmotorized boats less than 20 feet in length F. Fencing Fire rings L. Lifeguard towers, and other structures necessary for health and safety P. Paddle ball courts Parking lots provided they would not result in the loss of recreational sand area. Tiered parking is permitted on existing lots seaward of Pacific Coast Highway provided the parking is designed so that the tops of the structures , including walls, are located a minimum of one foot below the maximum height of the adjacent bluff Park offices Picnic tables Picnic shelters Playground facilities Public restrooms Public dressing rooms Public showers R. Recreational vehicle overnight parking (not to exceed ten (10%) percent of the available public parking spaces) S. Shoreline construction that may alter natural shoreline processes , such as groins, cliff retaining walls , pipelines, outfalls, when required to serve coastal dependent uses or to protect existing structures or public beaches in danger from erosion and that are designed to eliminate or mitigate adverse impacts on local shoreline sand supply T. Trails (bicycle or jogging) and support facilities V. Volleyball net supports (495-6/46, 1564-4/70, 2658-12/83, 2700-7/84, 2862-10/86) 9420.2 Maximum height. Maximum height shall be twenty (20) feet except for lifeguard towers or other facilities necessary for public safety. (2658-12/83, 2862-10/86) 9420.3 Parking. Parking shall not be required for new structures unless such construction displaces existing parking. Displaced parking shall be replaced on a one-for-one basis in an area that would not result in the loss of recreational sand. Parking shall comply with the standards outlined in Article 960. (2658-12/83, 2862-10/86) 2/91 9420.4--9421 .2(a) 9420.4 Location requirements. (a) Concession buildings shall be located a minimum of one thousand (1 ,000) feet apart. (b) Beach concession stands, boat loading/unloading areas, park offices , public restrooms , dressing rooms and showers shall be located within or immediately adjacent to paved parking or access areas. (2862-10/86, 2658-12/83) 9420.5 Signs. Nonilluminated generic information or identification signs shall be permitted subject to approval by the Design Review Board. (2658-12/83, 2862-10/86) 9421 General provisions--Water recreation district. The purpose of the WR district is to implement the general plan land use designation of open space water; and to provide for the preservation and enhancement of the existing and future recreation potential of tide and submerged lands in keeping with the Huntington Beach coastal element and the public trust provisions for commerce, navigation and fisheries. All other applicable city, county, state and federal regulations shall be met prior to engaging in any activity within this district. (2659-12/83, 2862-10/86) 9421 .1 Permitted uses. (a) The following uses shall be permitted: B. Beaches P. Private cantilevered decks abutting residential uses (3093-2/91 ) Private boat ramps, slips , docks, windscreens and boat hoists in conjunction with adjacent single family dwellings (3093-2/91 ) Public boat ramps and piers (b) Conditional use permit. The following public and semipublic uses shall be permitted subject to the approval of a conditional use permit by the Planning Commission: B. Boat related activity Boat slips D. Docks M. Marine fueling docks S. Sight-seeing vessels Sport fishing W. Water taxi service (2659-12/83, 2704-7/84, 2752-4/85, 2862-10/86, 3093-2/91 ) 9421 .2 Development standards. (a) No use shall be sited or designed so as to obstruct public access to any sandy beach or public use area. 2/91 9421 .2(b)--9422. 1 (d) (b) No deck or structure shall extend more than five (5) feet over or in front of any bulkhead in any channel except for a landing or brow for access to a gangway for a dock. No structure shall extend beyond the bulkhead in an area identified as environmentally sensitive such as, but not limited to, eelgrass beds and mudflats. (2704-7/84, 2752-4/85, 2862-10/86) (c) No structure shall extend beyond the bulkhead in an area identified as environmentally sensitive as determined by the Department of Fish and Game. These areas include, but are not limited to, eelgrass beds and mudflats. The Department of Fish and Game shall be contacted for the most recent information prior to issuance of any building permit for a structure extending beyond the bulkhead line. (3093-2/91 ) (d) Covers for projecting decks and windscreens may be permitted if constructed of light weight materials such as plastic, canvas , fiberglass, tempered glass or metal , except for necessary bracing and framing. The maximum height for windscreens shall be nine (9) feet above the finished surface of the deck at the bulkhead line, but not exceeding the height of the second story finished floor. A minimum eighty (80%) percent of one side of such windscreen shall be open. The top portion of any windscreen shall be composed of materials and design which allow a minimum of eighty-five (85%) percent transmission of light and visibility through the windscreen in each direction when viewed from any angle. (3093-2/91 ) 9422 General provisions--Coastal conservation district. The purpose of the coastal conservation district is to implement the general plan land use designation of open space conservation, and provide for protection, maintenance, restoration and enhancement of wetlands and environmentally sensitive habitat areas located within the coastal zone while permitting appropriate land uses . (2862-10/86, 2888-12/86) 9422.1 Definitions. The following words and phrases shall be construed as defined herein unless the context clearly indicates otherwise: (a) Energy facility shall mean any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal , or other source of energy. (b) Environmentally sensitive (habitat) area shall mean a wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments . (c) Feasible shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, social , and technological factors. (d) Functional capacity shall mean the ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. 2/91 9422. 1 (e)--9422.6(c) (e) Significant disruption shall mean having a substantial adverse effect upon the functional capacity. (f) Wetland shall mean lands within the coastal zone which may be covered periodically or permanently with shallow water and include salt water marshes, swamps , mudflats and fens. (2862-10/86, 2888-12/86) 9422.2 Coastal conservation suffix (-CO . There is hereby established the suffix (-CC) to be appended to any base district to denote and protect environmentally sensitive areas. Such suffix shall take precedence over any other district designation. (2888-12/86) 9422.3 Coastal conservation suffix--Removal of. Prior to removal of the coastal conservation suffix (-CO , the following findings shall be made: (a) That the underlying district designation is consistent with the coastal element of the general plan of the City of Huntington Beach; (b) That the proposed removal of the suffix is in accordance with the policies, standards and provisions of the California Coastal Act; and (c) That there is no feasible, less environmentally damaging alternative site for any proposed land use or development which may be allowed under California Public Resources Code sections 30233(a)(1 ) and 30264. (2888-12/86) 9422.4 Uses generally. The uses set out in this article shall only be allowed where there is no feasible, less environmentally damaging alternative and where practical mitigation measures have been provided. (2862-10/86, 2888-12/86) 9422.5 Use permit required. The following uses shall be permitted in the coastal conservation district upon approval of a use permit by the Zoning Administrator: (a) Incidental public service projects such as, but not limited to, burying cables and pipes. (b) Maintenance of existing streets and utility structures. (2862-10/86, 2888-12/86) 9422.6 Conditional use permit required. The following uses may be permitted upon approval of a conditional use permit by the Planning Commission: (a) New or expanded energy and coastal dependent industrial facilities. (b) Diking, dredging and filling necessary for the protection, maintenance, restoration or enhancement of the area' s functional capacity as a habitat. (c) Provision for existing flood control facilities where the primary purpose is to maintain existing capacity, necessary for public safety or to protect existing development in the flood plain. No maintenance activities shall be permitted which have the effect of draining wetlands. Such maintenance activities may include maintenance dredging of less than 100,000 cubic yards in a twelve-month period; lining of 2/91 9422.6(c)--9422.8(e) in-place artificial channels ; increasing the height of existing levees; changes in the cross section of the interior channel to accommodate the -� design capacity of channels when no widening of the top dimensions or widening of the outer levee is required. (d) New flood control facilities in conjunction with plans where necessary for public safety and to protect existing development in the flood plain. (e) Mineral extraction, including sand for beach restoration except in environmentally sensitive areas . (f) Pedestrian trails and observation platforms for passive nature study, including bird watching and the study of flora and fauna. Such uses may be located within an environmentally sensitive habitat area provided that they are immediately adjacent to the area' s peripheral edge. (g) Maintenance of existing or restoration of previously dredged depths of navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. (h) Entrance channels for new or expanded boating facilities in a wetland area may be permitted. In a degraded wetland, identified by the state department of fish and -game pursuant to California Public Resources Code section 30411 (b) , such facilities may be permitted if a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland. The maximum area of the wetland used for boating facilities, including berthing space, turning basins , necessary navigation channels, and any necessary support service facilities, shall be twenty-five (25%) percent of the total degraded wetland area. (i ) Nature study, aquaculture, or similar resource dependent activities. (2862-10/86, 2888-12/86) 9422.7 Prohibited uses. Any use or structure not expressly permitted shall be prohibited. (2862-10/86, 2888-12/86) 9422.8 Required permits and agreements. Before any application is accepted for processing, proof shall be provided that the necessary state and federal regulatory permits or agreements have been obtained, or a statement from the regulatory body that such permits are not required shall be submitted: (a) United States Army Corps of Engineers: Section 404 and Section 10 permits ; (b) California Department of Fish and Game: 1601-1603 agreement; (c) State Water Resource Control Board (permit depends on the operation) ; (d) Regional water quality control board (permit depends on operation) ; (e) California State Lands Commission permit. (2862-10/86, 2888-12/86) 2/91 9422.9--9422. 11 (c) 9422.9 Development standards--Mitigation measures. Before any application is accepted for processing, the applicant shall meet the following standards of this article, and shall incorporate into the project design any feasible mitigation measures which will moderate adverse environmental effects . (2862-10/86, 2888-12/87) 9422.10 Mitigation measures--Dredging. If the project involves any dredging, mitigation measures shall include the following: (a) Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to wetland habitats and to water circulation. (b) Limitations may be imposed on the timing of the operation, the type of operation, the quantity of dredged material removed, and the location of the spoil site. (c) Dredge spoils suitable for beach replenishment shall , where feasible, be transported to appropriate beaches or into suitable longshore current systems. (d) Other mitigation measures may include opening up areas to tidal action, removing dikes, improving tidal flushing, or other restoration measures. (2862-10/86, 2888-12/86) 9422.11 Mitigation measures--Diking or filling. If the project involves diking or filling of a wetland, the following minimum mitigation measures shall apply. These mitigation measures shall not be required for temporary or short-term fill or diking if a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. (a) If an appropriate restoration site is available, the applicant shall submit a detailed restoration plan to the director which includes provisions for purchase and restoration of an equivalent area of equal or greater biological productivity and dedication of the land to a public agency or otherwise permanently restricting its use for open space purposes. The site shall be purchased before the dike or fill development proceeds. (b) The applicant may in some cases be permitted to open equivalent areas to tidal action or provide other sources of surface water. This method of mitigation is appropriate if the applicant already owns filled, diked areas which themselves are not environmentally sensitive habitat areas, but may become so if opened to tidal action or provided with other sources of surface water. (c) If no appropriate restoration sites under options contained in this article are available, the applicant shall pay an in-lieu fee, determined by the City Council , which shall be of sufficient value to an appropriate public agency for the purchase and restoration of an area of equivalent productive value, or equivalent surface area. This option shall be allowed only if the applicant is unable to find a willing seller of a potential restoration site. Since the public agency may also face difficulties in acquiring appropriate sites , the in-lieu fee shall reflect the additional costs of acquisition, including litigation and 2/91 9422. 11 (c)--9422. 17(a) attorney' s fees, as well as the cost of restoration, relocation and other costs. If the public agency' s restoration project is not already approved by the Coastal Commission, the public agency may need to be a coapplicant for a coastal development permit to provide adequate assurance that conditions can be imposed to assure that the purchase of the mitigation site shall occur prior to the issuance of the permit. In addition, such restoration shall occur in the same general region, e.g. , within the same stream, lake, or estuary where the fill occurred. (2862-10/86, 2888-12/86) 9422.12 Mitigation measures--Vegetation. Any areas where vegetation is temporarily removed shall be replanted with a native or an adaptable species in a quantity and quality equal to the vegetation removed. (2862-10/86, 2888-12/86) 9422.13 Mitigation measures--Reduction of disturbances. Pedestrian trails , observation platforms and other incidental structures shall be designed to reduce disturbance of Wildlife and vegetation. Examples of improvements to effect such reduction are elevated walkways and viewing platforms , and vegetative and structural barriers to lessen disturbances from permitted uses and inhibit internal access. (2862-10/86, 2888-12/86) 9422.14 Mitigation measures--Litter control . Passive nature study uses shall include a program to control litter such as placement of an adequate number of containers and posted signs. (2862-10/86, 2888-12/87) 9422.15 Mitigation measures--Flood control . Environmentally sensitive habitat areas shall be restored and augmented to lessen the risk of flood damage to adjacent properties . (2862-10/86, 2888-12187) 9422.16 Mitigation measures--Construction and improvements. Any construction, alteration or other improvement shall generally be carried out between September 15 and April 15 to avoid disturbing rare, threatened, or endangered species which utilize the area for nesting. This requirement shall not apply if it can be demonstrated to the satisfaction of the director that no such disturbance would occur, in which case construction shall be timed to cause the least disturbance to wetland dependent species , such as migratory waterfowl and shorebirds. Construction or maintenance activities shall be carried out in areas of minimal size. The site shall be restored to its original state prior to completion of the project unless such site is to be altered to conform with an approved restoration project. (2862-10/86, 2888-12/87) 9422.17 Mitigation measures--Duty of applicant. The applicant shall demonstrate that the functional capacity is maintained or augmented unless relieved of any one or more of these requirements by the California Department of Fish and Game, and it is also shown that the project will not significantly: (a) Alter existingplant and animal p populations in a manner that would impair the long-term stability of the ecosystem, i .e. , natural species diversity, abundance and composition are essentially unchanged as a result of the project. 2/91 9422. 17(b)--9422. 19(b) (b) Harm or destroy a species or habitat that is rare or endangered. (c) Harm a species or habitat that is essential to the natural biological function of a wetland or estuary. (d) Reduce consumptive (fishing, aquaculture and hunting) or nonconsumptive (water quality and research opportunity) values of a wetland or estuarian ecosystem. (2862-10/86, 2888-12/87) 9422.18 Degraded wetland restoration. If the proposed project involves restoration of a degraded wetland, the applicant shall comply with California Public Resources Code Sections 30411 and 30233 to the satisfaction of the director. (2862-10/86, 2888-12/87) 9422.19 Findings--Environmentally sensitive habitats. The purpose of this section is to ensure an environment which is suitable for the self-perpetuation of environmentally sensitive habitat areas . Prior to approval of energy production facilities , the decision-making authority shall make a finding with a statement of fact that: (a) Provision has been made for the enhancement of a significant portion of the project area to ensure preservation of plant and wildlife species. (b) For all other projects, a finding shall be made that the functional capacity of the environmentally sensitive habitat area is maintained. (2862-10/86, 2888-12/87) I 2/91 969.9.9.9---969.9.9.9 w Arti cl e_369._9 "CZ" COASTAL ZONE SUFFIX (2660-12/83, 2751-4/85) Sections- 969.9.0 Purpose 969.9.1 Definitions 969.9.2 Area of Applicability 969.9.3 Application 969.9.4 Coastal Development Permit 969.9.5 Dedication of Vertical Access 969.9.5.1 Dedication of Vertical Access 969.9.5.2 Dedication of Lateral Access 969.9.5.3 Access Dedication Policies 969.9.5.4 Easement for Public Access Required 969.9.5.5 Public Use Areas. Signs Required 969.9.6 Visual Resources 969.9.7 Community Facilities 969.9.8 Diking, Dredging and Filling 969.9.9 Hazards 969.9.10 Buffer Requirements 969.9. 11 Energy 969.9. 12 Residential Density Limitations 969.9. 13 Height Restrictions 969.9. 14 Parking Requirements 969.9.15 Signs 969.9.16 Permitted Uses for Land Use Designations 969.9. 17 Recreation Designation 969.9.18 Development Standards. Recreation District 969.9.19 General Industrial District. Permitted Uses 969.9.20 Resource Production District. Permitted Uses 969.9.21 General Commercial District. Permitted Uses 969.9.22 Public, Quasi Public and Institutional District. Permitted Uses 969.9.23 Residential Low, Medium and High-Density Districts. Permitted Uses #,, 969.9.24 Planned Residential Developments. Conditional Uses 969.9.25 Mobilehome Districts . Permitted Uses 969.9.26 Districts With Oil Suffixes. Permitted Uses 969.9.28 Flood Plain Districts (-FP1 , FP2) 969.9.29 Conditional Use Permit Required--Any District %_9_91..0 Purpose. The purpose of the coastal zone suffix (CZ) is to provide supplementary regulations and specified permitted uses for those areas in the city of Huntington Beach which lie within the coastal zone as it now exists or may hereinafter be amended, and as such require special consideration to assure that they are developed in a manner that will implement the California Coastal Act of 1976 (Division 20 of the Public Resources Code) and be in accord with the policies set forth in the Coastal Element of the Huntington - Beach General Plan. (2751-4/85) 2/90 969.9. 1--969.9.5 969.9.1 Definitions. The following definitions shall only apply to ` districts bearing the CZ suffix. i Lateral Access: Means public access along the coast. Vertical Access: Means public access from the nearest public roadway to the shoreline. 969.9.2 Areas of Applicability. The provisions of this section are applicable to all land and water within the CZ District and are in addition to the provisions of "Purpose and Effect of Districting" within the Huntington Beach Ordinance Code. Where uncertainty exists as to the exact location of the CZ District boundary, the following rules shall apply: (A) When a portion of a building site lies, or appears to lie partially within the CZ District and any existing or proposed development of such building site is within the CZ District, the building site shall be considered to be within the CZ District. (B) When a portion of a -building site lies, or appears to lie partially within the CZ District and no development of such building site is within the CZ District, the building site shall be considered .to be not within the CZ District. (C) When a public or private street or a highway lies partially within the CZ District, the entire widtn of that portion of such street or highway lying partially within the CZ District shall be considered to be within the CZ District. 969.9.3 Application. The CZ District is a suffix district that may be combined with any base district; however, the CZ District is intended to be applied only within the area of the Coastal Zone described by the Public Resources Code. In any district where the district symbol is followed by, as a part of such symbol , hyphenated letters, "CZ," thus: -CZ, the additional provisions of Article 989.5 shall apply. The district symbol shall constitute the "base district" and the CZ suffix shall constitute the "combining district." Whenever any provisions of the CZ District and any other law or ordinance impose overlapping or contradictory regulations, and when the CZ District requires procedures and discretionary actions not required by any other law or ordinance, the requirements of the CZ District shall supersede and shall be satisfied or complied with either in combination with or in addition to those procedures required to comply with other laws and ordinances. 969.9.4 Coastal Development Permit. Any district bearing the CZ suffix shall be subject to the provisions contained in the "Coastal Development Permit" of the Huntington Beach Ordinance Code. (2751-4/85) 969.9.5 Public Access to Coastal Resources. Dedications of public access to coastal resources shall be required within the CZ District as a condition of development prior to issuance of a permit, as set out in this article. (2.751-4/85) 2/90 969.9.5. 1--969.5.2 An offer of dedication of an easement shall be required in all new development to allow vertical access to the shoreline, public recreation areas, public trails, or to bikeways. Offers of dedication for vertical access shall be provided as a condition of new development on parcels adjacent to sandy beaches or recreation areas , on vacant parcels, on parcels designated for commercial use, and in conjunction with replacement of existing structures on waterfront parcels. Offers for vertical access dedication shall not be required when: (2751-4/85) (a) Adequate access exists nearby or is proposed by the land use plan within one thousand (1000) feet; or' (2751-4/85)' (b) Access at the site would significantly degrade environmentally-sensitive habitat areas; or (2751-4/85) (c) Findings are made consistent with Section 30212 of the Coastal Act that access is inconsistent with public safety, military security needs, or that agriculture would be adversely affected; or (2751-4/85) (d) The parcel is too narrow for an adequate privacy buffer separating the accessway from the existing residence, and would, therefore, adversely affect the privacy of the property owner. The following guideline shall be used in determining adequacy of privacy buffers: there should be at least fifteen (15) feet between the existing residence and the side yard property line for an adequate buffer. (2751-4/85) These exceptions, (a)-(d) , shall not apply to the Pacific Electric right-of-way. (2751-4/85) 969.9.5.2 Dedication of Lateral Access. An offer of dedication of an easement shall be required in conjunction with all new development between the first public road and the sea to allow lateral public access and passive recreational use along the shoreline, public recreation areas, or public trails and bikeways except when: (2751-4/85) (a) Findings are made under California Public Resources Code Section 30212 that access is inconsistent with public safety, military security needs, or that agriculture would be adversely affected; or (2751-4/85) (b) Access at the site would significantly degrade environmentally-sensitive habitat areas; or (2751-4/85) (c) The parcel is too narrow for an adequate privacy buffer separating the lateral accessway from an existing residence. The following guideline shall be used in determining adequate privacy buffers: there must be at least fifteen (15) feet between an existing residence, patio cover or pool and the shoreline in order to accommodate both an accessway and a privacy buffer. (2751-4/85) . Exceptions set out in subsections (b) and (c) shall not apply to the Pacific Electric right-of-way. (2751-4/85) 2/90 i 969.9.5.3--969.5.4 i 969.9.5.3 Access Dedication Policies. The following policies shall be applicable to access dedications: (a) Access will not be required on existing developed residential parcels which do not front a sandy beach, which have bulkheads and are not adjacent to recreation or public use areas and other existing or proposed lateral or vertical easements, or when development is proposed on an existing subdivided single-family residential lot between developed residential parcels. (2751-4/85) I (b) In no case shall development in any way diminish or interfere with the public' s right of access to the sea where acquired through prescriptive use or legislative authorization. (2751-4/85) (c) The city may accept offers of dedication for access consistent with its ability to assume maintenance and liability. If not accepted by the city, offers of dedication of access may be accepted by any other public agency or private association, provided that such other agency or association shall be able to assume maintenance and operation of the accessway prior to opening it to the public. (2751-4/85) j 969.9.5.4 Easement for Public Access Required. Prior to transmittal of a coastal permit, the applicant shall cause to be executed and recorded a document, in a form and content approved by the Director and the City Attorney for an easement for public access and passive recreation to and along the shoreline as required by this article. In the case of lateral access on sandy beaches, the easement shall be for the length of the property and shall be from the mean high tideline to a point twenty-five (25) feet inland from the daily high water line. On all other parcels which require lateral access, the easement shall be for the length of the property and shall be from the mean high tideline to a point ten (10) feet inland from the daily high water line. In addition to the ten (10) foot easement, new development on vacant parcels shall provide a fifteen (15) foot structural setback of all buildings (including attached stairways, balconies, etc. ) . Such fifteen (15) foot setback shall remain free of all structures except for accessory structures such as patios, pools, landscaping and open fences. These structures may be located on fill no more than thirty (30) inches above the grade of the adjacent public access. On an R1 lot, between existing developed lots adjacent to existing public accessways, the easement shall be consistent with the width of the adjacent public accessways, and structural setbacks shall be consistent with 'the setback of the adjacent structures. In the case of vertical easements they shall be described as extending from the property line to the mean high tide line. The easements shall be recorded free of prior liens except for tax liens, which shall remain the liability of the owner of the fee, and free of prior encumbrances which the Director determines may affect the interest being conveyed. The offers shall run with the land, binding successors and assigns of the applicant or landowner. The offer of dedication shall be irrevocable for a period of twenty-one (21 ) years , such period running from the date of recordation. (2751-4/85) 1 2/90 969,9.5.5--969.9.9 969.9.5.5. Public Use Areas. Signs Required. As a condition of new ! development on parcels on or adjacent to recreation areas, public accessways, public use areas, trails, bikeways or the shoreline, or in -conjunction with dedications of lateral or vertical access, the applicant shall provide signs identifying the public access and public use areas subject to all other provisions of this district. (2751-4/85) 969.9.6 Visual Resources. i (a) An applicant proposing new development shall provide the Director with an evaluation of the project'.s. v,iwsuatl impact, and incorporate in its design, to the satisfaction of the Director, the following elements: (2751-4/85) (1 ) Preservation of public views to and from the bluffs, to the shoreline and ocean, , and to the wetlands. (2751-4/85) (2) Conservation of energy and facilitation of public transit through design and location. (2751-4/85) (3) Adequate landscaping and vegetation. (2751-4/85) (4) To the maximum extent feasible, the preservation of existing mature trees. (2751-4/85) (b) The following shall be prohibited: (1 ) Any alteration of the natural land form of the bluffs seaward of Pacific Coast Highway. Alterations necessary for development of public trails and stabilization of bluffs may be permitted subject to city approval . (2751-4/85) (2) Development along the bluffs rising to the Bolsa Chica mesa which will alter the natural land form or threaten the stability of the bluffs. (2751-4/85) 969.9.7 Community Facilities. Prior to the issuance of a development entitlement, the city shall make the finding that adequate services (e.g. , water, sewer, roads , etc. ) can be provided to serve the proposed development consistent with policies contained in the certified land use plan at the time of occupancy. (2751-4/85) 969.9.8 Diking, Dredging and Fillies. Diking, dredging or filling shall be permitted only where there is no feasible less environmentally-damaging alternative and where feasible mitigation measures have been provided, and shall be subject to the provisions contained in Sections 969.7. 1 , 969.7.5, 969.7.6, 969.7.7 of Article 969.7, "Coastal Conservation District." (2751-4/85) 969 J._9 H z rds. As a condition of new development, the applicant shall be r required to submit a report evaluating geologic, seismic, flood and fire hazards, and shall be required to: (2751-4/85) 2/90 969.9.9(a)--969.9.11 (a) Comply with all recommendations and provisions contained in the Alquist-Priolo Special Studies Zones Act (California Public Resources QQft Chapter 7.5) for identified seismic hazards. (2751-4/85) (b) Comply with all provisions relating to the "Floodplain District" contained in this code. (2751-4/85) - 969 9 10 Buffer Requirements. As a condition of development adjacent to environmentally-sensitive habitats, buffers shall be required as follows: (a) A minimum one hundred (100) foot buffer from the landward edge of the habitat within the development area. If the existing development or site configuration cannot accommodate a one hundred (100) foot buffer,then the buffer shall be established pursuant to subsection (c) hereof and shall be reviewed by the California Department of Fish and Game. (2751-4/85) (b) In cases of high-intensity development, a wider buffer may be required as set out in subsection (c) hereof. (2751-4/85) (c) Buffers shall be established according to the following standards: k (1) Biological Significance of Adjacent Lands. The buffer should be sufficiently wide to protect the functional relationship between wetland and adjacent upland. (2751-4/85) (2) Sensitivity of Species to Disturbance. The buffer should be sufficiently wide to ensure that the most sensitive species will not be disturbed significantly by permitted development, based on habitat requirements of both resident and migratory species and the short and long-term adaptability of various species to the presence of human beings. (2751-4/85) (3) Susceptibility of Parcel to Erosion. The buffer should be sufficiently wide to allow for interception of any additional material eroded as a result of the proposed development, based on soil , vegetation, slope and runoff characteristics, and impervious surface coverage. (2751-4/85) (4) Jlse _gf Existing Cultural Features to Locate Buffer Zones . Where feasible, development should be located on the sides of roads, dikes, irrigation canals, flood control channels, etc. away from environmentally-sensitive habitat areas . (2751-4/85) All new development shall comply with Chapters 15.22, "Screening and Landscaping" and Chapter 15.24, "Cleanup and Maintenance" of the Huntington Beach Municipal Code, and such chapters shall be certified as part of the Local Coastal Program implementation. New, modified or expanded energy facilities shall comply with the following: (2751-4/85) 1� 2/90 969.9. 11 (a)--969.11 (e)(1 ) I f .- (a) Oil operations shall be located where there are no other feasible locations which are less environmentally damaging or less disruptive to significant social , aesthetic or economic concerns, and shall be located in the following priority: (2751-4/85) (1 ) Existing consolidated islands; (2751-4/85) (2) New consolidated islands; (2751-4/85) (3) Existing oil parcels; (2751-4/85) (4) New parcels outside the coastal zone; and (2751-4/85) (5) New parcels within the coastal zone. (2751-4/85) (b) Prior to approval of new or relocated pipelines or transmission lines the applicant shall : (1 ) Submit a survey along the route of the pipeline or transmission line, identifying and assessing coastal resources, including but not limited to, beaches, recreation areas, significant vegetation, wetlands and other environmentally-sensitive habitats, bluffs, streams, and marine resources. (2751-4/85) (2) Submit a report evaluating potential impacts from construction and operation, and proposing mitigation measures. (2751-4/85) (c) New pipelines shall : (1 ) Be consolidated in existing corridors and shall avoid recreation areas and environmentally-sensitive habitat areas unless there is no feasible less environmentally-damaging, alternative location. (2751-4/85) (2) Incorporate automatic shutoff valves to isolate any segments carrying hazardous liquids. (2751-4/85) (3) Incorporate erosion control measures during construction and mitigation measures to repair grading or vegetation removal including, but not limited to, replacing topsoil on the site and revegetation. (2751-4/85) (4) Be constructed without the use of any chemical herbicides. (2751-4/85) (5) Be underground. (2751-4/85) (d) Development of electrical transmission lines shall be consolidated in existing corridors where feasible. (2751-4/85) (e) New development of separation and treatment facilities shall be permitted only if: (1 ) It is infeasible to utilize excess capacity of existing facilities. (2751-4/85) 2/90 969.9. 11 (e)(2)--969.9.15 (2) Location and design. of the site is consistent with other provisions of this "CZ" district and other applicable districts. (2751-4/85) 969.9.12 Residential Density Limitations. Areas designated in the coastal element for residential development shall conform to the following coastal element density limitations: ! (a) Low Density: shall not exceed seven (7) dwelling units per gross acre of land. (2751-4/85) (b) Medium Density: shall not exceed fifteen (15) dwelling units per gross acre of land. (2751-4/85) (c) Medium-high Density: shall not exceed twenty-five (25) dwelling units per gross acre of land. (2751-4/85) (d) High Density: may be developed at a density not to exceed thirty-five (35) dwelling units per gross acre of land. (2751-4/85) 969.9.13 Height Restrictions. No structure within the CZ district shall exceed the district height restriction, or thirty-five (35) feet in height for a residential structure, or fifty (50) feet fora commercial structure, whichever is more restrictive, except as specified by a .floor area ratio (FAR) in the coastal element. (2751-4/85) 1 , The following additional heights shall be permitted: (a) Ten (10) feet in height for roof-line treatment, architectural features such as chimneys, solar energy equipment and mechanical devices. The air space granted for these purposes shall not be used as an additional habitable area. (2751-4/85) (b) Fourteen (14) feet in height for elevator equipment. All mechanical devices, except for solar panels, shall be set back and screened so that they cannot be seen from public rights-of-way. (2751-4/85) 969.9.14 Parking_Rje uirements. If any existing oceanside or onstreet parking is removed, it shall be replaced on a one-for-one basis in an area that would not result in the loss of any sandy beach area and within walking distance of the existing site. Replacement parking shall be assured prior to the issuance of the coastal development permit. Development shall comply with the off-street parking requirements of the Huntington Beach Ordinance Code. (2751-4/85) 'I 969.9.15 Signs. The general regulations contained in this section shall apply to all signs and all use districts. For the purpose of the CZ district, "sign" does not include governmental signs constructed and maintained pursuant to and in discharge of any governmental function. Signs shall conform with the height and area restrictions contained in the Huntington Beach Ordinance Code unless otherwise provided herein. (2751-4/85) 2/90 969.9.15(a)--969.9.17 (a) Any illuminated sign or lighting device shall employ only light emitting a constant intensity. (2751-4/85) (b) No sign shall be illuminated by or contain flashing, blinking, moving, rotating, or intermittent light or lights. (2751-4/85) i (c) No sign or lighting device shall be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk, or adjacent premises which causes glare or reflection that may constitute a traffic hazard or nuisance. (2751-4/85) (d) No sign shall be placed on, attached to, or extend above the roof of i any building. (2751-4/85) (e) No sign or part thereof shall contain or consist of banners, posters , pennants, ribbons, streamers , spinners, or other similar moving devices. Such devices, as well as strings of lights, shall not be used for the purpose of advertising or attracting attention, except as j otherwise provided i_n the Huntington Beach Ordinance Code. (2751-4/85) (f) No sign erected or maintained in the window of a building, visible from any public or private street or highway, shall occupy more than twenty per cent (20%) of the window surface. (2751-4/85) (g) All signs hung and constructed shall be plainly marked with the name of the person, firm, or corporation hanging or constructing the sign. (2751-4/85) (h) No building wall shall be used for display of advertising except that which relates to an activity, service or commodity available on the premises. (2751-4/85) (i ) No sign shall be displayed which has mechanical movement of any kind including but not limited to, rotating, revolving, moving, gyrating, or animated parts. (2751-4/85) (j) Billboards , off-site advertising signs, and other signs which give direction to or identify a use or product not sold or offered at the location of the sign are prohibited. (2751-4/85) (k) Subject to the requirements of California Business and Professions Code Section 5412. 1 , all existing billboards in residentially planned and zoned areas shall be removed. (2751-4/85) 969.9.16 Permitted Uses for Land Use Designations. Notwithstanding any provisions of the base district, parcels bearing the CZ suffix shall be limited to the uses contained in this article for each land use designation. (2751-4/85) 969.9,_17_____Re.ereation__De5iy tik The following uses shall be permitted (excluding the beaches oceanward of Pacific Coast Highway) : 2/90 969.9. 17(a)--969.9.22 (a) Beaches, parking lots, concessions, campgrounds, parks, picnic grounds, ` j golf courses, racquet, boating and swimming clubs, athletic fields, stables, bicycle and other recreational rentals, arboretums, archery ranges, bird sanctuaries, recreation centers, and visual art festival grounds. (2751-4/85) j (b) Marinas and marine-related facilities such as launching ramps and fueling docks are permitted as conditional uses. (2751-4/85) ( (c) The permitted uses for recreation areas adjacent to the Huntington Beach mesa shall be limited to low-intensity uses including picnic grounds, arboretums, bird sanctuaries, trails. High-intensity uses such as public or private tennis courts, athletic fields, stables, campgrounds or other commercial recreation shall be conditional only, and shall be located in nodes adjacent to existing developed areas and roads and to avoid sensitive habitats. (2751-4/85) (d) Uses within the recreation designation on the Bolsa Chica bluffs shall be limited to low-intensity uses. Major recreational facilities are prohibited. Existing mature stands of eucalyptus trees shall be preserved. Adjacent development shall conform to buffer standards. (2751-4/85) 969.9.18 Development Standards. RECREATION DISTRICT. In addition to other provisions of this district, the following development standards shall apply: . (a) Minimum parcel or building site: none. (2751-4/85) (b) Maximum height of structures: 35 feet. (2751-4/85) 969.9.19 General Industrial District. Permitted Uses. Uses permitted in a general industrial district are: light manufacturing, assembly, packaging, electronics, wholesale distribution, machine shops, warehousing, storage, dry boat storage, administrative offices and service uses. (2751-4/85) 969.9.20 Resource Production District. PERMITTED USES. Uses permitted in a resource production district are: oil wells, injection equipment, separation and treatment facilities, storage tanks, transmission lines, equipment storage maintenance yards, and administrative offices associated with oil operations. (2751-4/85) 969.9_21 General Commercial District. Permitted Uses. Uses permitted in a general commercial district are: convenience, neighborhood and community-oriented retail and business uses. (2751-4/85) 469.Q.Z2__PR.1ic. Quasi Public and Institutional District Permitted Uses. Uses permitted in a public, quasi public and institutional district are: (a) Government facilities, schools, colleges, libraries, police and fire stations and training facilities, churches, utilities, and sanitation plants. (2751-4/85) 2/90 969.9.23--969.9.29 — 9 9f�_.9_23 Resi denti-al_ Low,, Medi um_ end High-Genii t Di 5tri cts.__ Permitted Users. Uses permitted in residential low, medium and high—density districts are as follows: (a) Low density: detached single—family dwellings. (2751-4/85) (b) Medium density: single—family and multi—family dwelling units; two or more attached, permanently—located dwelling units. (2751-4/85) (1) A conditional use permit is required for development on the mud dump site, located southwest of Magnolia Street and Hamilton Avenue. Prior to approva , of an"application for such development, the applicant shall submit a characterization analysis. If the analysis indicates contamination with harmful deposits, the applicant shall provide for cleanup of the site prior to issuance of any permit. (2751-4/85) (2) If an inventory conducted by the California Department of Fish and Game of plant and associated animal species on the rotary mud dump reveals the presence of wetlands, and the necessary cleanup destroys them, mitigation in the form of restoration on another site or in—lieu fees must be provided by the owner of the site consistent with the requirement of the Coastal Conservation Zone pursuant to Section 969.7.6 of the Implementing Ordinances. (3025-2/90) (c) High Density: two or more attached permanently—located dwelling units, and single—family residences. (2751-4/85) (d) Structures customarily incidental to and accessory to a residential unit. (e) Schools, parks, recreation areas, churches, fire stations , utility substations, day care centers, convenience commercial centers by special permit. (2751-4/85, 3025-2/90) 969.9.24 Planned Residential Developments. Conditional Uses. Planned residential developments shall require a conditional use permit. (2751-4/85) 969.9.25 Mobilehome Districts. Permitted Uses. Mobilehome parks, and uses incidental to and normally found in conjunction with mobilehomes and mobilehome parks shall be permitted. (2751-4/85) Suffixes. Permitted Uses. Petroleum extraction equipment, storage tanks, and transportation pipelines shall be permitted uses in districts where oil production is combined with other uses. (2751-4/85) 969.9.28 Flood Plain Districts (—FP1 , —FP2). In areas identified as wetlands, the uses listed for a coastal conservation district shall take precedence over permitted and conditional uses listed for a floodplain '. . district. (2751-4/85) 969..%29 Conditional _Use_Permit Required--Any District. Pipelines in any district shall require a conditional use permit. (2751-4/85) 2/90 9850--9853 r Article 985 DESIGN REVIEW BOARD (1525-10/69, 1571-4/70, 1589-7/70, 1956-1 /75, 2381-7/79, 3017-12/89, 3085-12/90, 3112-6/91 ) Sections: 9850 Design Review Board Established 9851 Duties 9852 Appeals 9853 Membership 9853.1 Terms of Office 9853.2 Bylaws 9853.3 Secretary 9854 Application 9854.1 Design Criteria 9854.2 Design Factors 9854.3 Design Review Board Guidelines 9850 Design Review Board Established. There is hereby created a Design Review Board for the City of Huntington Beach referred to herein as the "Board. " (2381-7/79, 3017-12/89) 9851 Duties. The duties of the Board shall include the following: (3017-12/89, 3112-6/91 ) a. Encourage, guide, and recommend attractive aesthetically and harmonious, compatible development projects within designated areas of the City through the process of design review. (3017-12/89, 3112-6/91 ) b. Review, make recommendations or take final action on the proposed design of any project to be constructed, altered or modified in areas designated Civic Facilities (CF) , Civic District (CD) , Redevelopment Survey and Project Areas , the Downtown Specific Plan and/or other areas so designated by the City Council . (3017-12/89, 3112-6/91 ) c. Recommend to the Director, Zoning Administrator, Planning Commission and/or City Council either approval , conditional approval or denial of any design review application. (3017-12/89, 3112-6/91 ) 9852 Appeals. Any action of the Board rendered when acting as a decision making body, may be appealed to the Planning Commission as provided in this code. Any action of the Board rendered when action on a request from the Zoning Administrator, the Planning Commission, or the City Council , may be appealed to the body originating the request as provided by this code. (3017-12/89, 3112-6/91 ) 9853 Membership. The Board shall be composed of five (5) members appointed by and responsible to the City Council . The membership shall consist of one (1 ) City Council Member with an alternate City Council Member, one (1 ) Planning Commissioner with an alternate Commissioner, one (1 ) City resident 6/91 9853--9854.2(b) with an alternate City resident, the Community Development Director, and the Public Works Director or their designee. (3017-12/89, 3085-12/90, 3112-6/91 ) 9853.1 Terms of Office. The terms of office shall be for four (4) years except in the case of a City Council or Planning Commission member. Their terms shall expire no later than the day they cease to be either a member of the City Council or Planning Commission. (3017-12/89, 3085-12/90, 3112-6/91 ) 9853.2 Bylaws. The Board shall adopt bylaws and rules as it deems necessary for the selection of its officers, the time and place of its meetings and such other matters relative to its work and administration of its duties which are not otherwise provided for by statute, ordinance or resolution. (3017-12/89, 3112-6/91 ) 9853.3 Secretarv. The Director of the Department of Community Development, or a person so designated by the Director, shall serve as Secretary to the Design Review Board without the power to vote. The Board may request any officer or employee of the City for assistance to the Board. (3017-12/89, 3112-6/91 ) 9854 Application. Prior to the _issuance of any permits , a project within an area designated for design review shall first submit an application to the Department. The Board shall act on all applications within thirty (30) days of submittal . (3017-12/89, 3112-6/91 ) 9854.1 Design Criteria. The Board shall utilize the following design criteria in the review of applications: (3017-12/89, 3112-6/91 ) (a) The architectural and landscape design of a project must integrate harmoniously with the existing or planned character of the immediate neighborhood. (3017-12/89, 3112-6/91 ) (b) The design must be compatible in scale and aesthetic treatment with existing and proposed public and private developments within reviewed areas of the City. (3017-12/89, 3112-6/91 ) (c) The design must not detract from the desirability and/or aesthetic quality of the immediate neighborhood. (3017-12/89, 3112-6/91 ) (d) The design must avoid extremes of dissimilarity or monotony in order to prevent depreciation in property appearance and value. (3017-12/89, 3112-6/91 ) 9854.2 Design Factors. The Board shall consider the following design factors in applying the above criteria to a project proposal . (3017-12/89, 3112-6/91 ) (a) Height, location, bulk, area, materials, colors, type and variations in any structure, facility, landscaping or architectural feature so considered. (3017-12/89, 3112-6/91 ) (b) Site layout, orientation and relationship to open areas, topography and existing or proposed structures in the surrounding neighborhood. (3017-12/89, 3112-6/91 ) 6/91 9854.2(c)--9854.3 (c) Sign design and its relation to the proposed use and surrounding neighborhood. (3017-12/89, 3112-6/91 ) (d) The probable useful life of other structures on the site and in the immediate area. (3017-12/89, 3112-6/91 ) (e) Relation of the proposed use to other existing and proposed facilities. (3017-12/89, 3112-6/91 ) (f) All applicable provisions of this code. (3017-12/89, 3112-6/91 ) 9854.3 Design Review Board Guidelines. The Board shall implement any adopted design guidelines as necessary in order to facilitate the administration of its duties provided in this Article. (3112-6/91 ) 6/91 City Clerk' s office ------------(FC) -- ( 6 ) ---------- -- Chamber Book, Counter book, Drawe Tony' s Book, Evelyn' s Book Laura' s Book HUNTINGTON BEACH ORDINANCE CODE UPDATES (9/1/94) Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Please Remove from Code Please Add to Code Article 906 Article 906 Note: This article is being replaced due to a clerical error. Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 d8afi1es\c1erkVanlordcd 10.doc S v � o Huntington Beach Ordinance Code 9060 Article 906 DISTRICTS (495-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1/61, 822-4/61, 880-1/62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71, 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81, 2490-7/81, Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91, 3102-4/91, 3120-8/91, 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92, 3211-10/93, 3233-5/94, 3243-9/94, 3245,79/94) Sections• 9060 Districts 9061 District maps 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: (2830-5/86) RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional C1 Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial M1-A Restricted Manufacturing M1 Light Industrial M2 Industrial SP-1, SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space Sl Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -01 -01 Oil suffix -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification 9/94 9060--9061 Huntington Beach Ordinance Code The following designations also appear on the sectional district maps. They refer to specific plans that are available under separate cover from the City Clerk and Community Development. (2905-A-11/87) North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan Seacliff Specific Plan Ellis-Goldenwest Specific Plan Meadowlark Specific Plan Holly-Seacliff Specific Plan Magnolia Pacific Specific Plan (495-6/46, 731-10/59, 737-12/59, 807-1/61, 822-4/61, 880-1/62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71, 1845-7/73, 1944=11/74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81, 2490-7/81, Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2'735-12/84, 2830-5/86, 2905-A-11/87) 9061 District Mays. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (2830-5/86) (737-11/59, 754-4/60, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90 ["Whitehole" Res No 6119 goes with this ordinance], 3098-4/91, 3102-4/91, 3120-8/91, 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92/DM 14, 3211-10/93, 3233-5/94/DM 15/26, 3243-9/94/DM3, 3245-9/94/DM 3) 9/94 Huntington Beach Ordinance Code 9060 Article 906 DISTRICTS (495-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1 /61 , 822-4/61 , 880-1/62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92, 3211-10/93, 3233-5/94) Sections: 9060 Districts 9061 District maps 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: (2830-5/86) RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional Cl Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial M1-A Restricted Manufacturing M1 Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space S1 Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil suffix -CD Civic District suffix . CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification 5/94 9060--9061 Huntington Beach Ordinance Code The following designations also appear on the sectional district maps. They refer to specific plans that are available under separate cover from the City Clerk and Community Development. (2905-A-11 /87) North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan Seacliff Specific Plan Ellis-Goldenwest Specific Plan Meadowlark Specific Plan Holly-Seacliff Specific Plan Magnolia Pacific Specific Plan (495-6/46, 731-10/59, 737-12/59, 807-1/61 , 822-4/61 , 880-1 /62, 881-1 /62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71 , 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1 /73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87) 9061 District Maas. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (2830-5/86) (737-11 /59, 754-4/60, 2830-5/86, 2905-A-11 /87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90 ["Whitehole" Res No 6119 goes with this ordinance] , 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1 /92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92/DM 14, 3211-10/93, 3233-5/94/DM 15/26) 5/94 City Clerk' s office ------------( FC) -- ( 5 ) ----------- City Atty' s book/chamber Counter Records Manager Legislative drawer Codification HUNTINGTON BEACH MUNICIPAL CODE UPDATES (Effective Immediately) Prepared by: Office of the City Clerk --Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Please Remove from Code Please Add to Code Chapter 5.44 Chapter 5.44 Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 Ord 3247 d8afi1es\c1erkUanUnunicd15 / N\ Huntington Beach Municipal Code 5.44.010--5.44.020(b)(1)(a) Chapter 5.44 RESTAURANTS--AMUSEMENT AND ENTERTAINMENT PREMISES (1265-12/66, 1444-10/68, 1454-12/68, 3213-11/93, Urg. 3247-8/94) Sections: 5.44.010 Entertainment permit required 5.44.015 Entertainment restrictions 5.44.020 Definitions 5.44.025 Repealed -- Ordinance 3213-11/93 5.44.030 Entertainment permit--Application 5.44.040 Permit--Application fee 5.44.050 Permit--Granting 5.44.060 Permit--Period valid 5.44.065 Permit--Notice to Applicant of Action Taken 5.44.070 Permit--Appeal of decision 5.44.080 Exclusions 5.44.090 Revocation of permit--Hearing 5.44.100 Revocation of permit--Reapplication 5.44.010 Entertainment permit required. (a) No person shall provide or permit any type of entertainment in a coffee shop, restaurant, nightclub, or place where food or other refreshments are served and which is open to the public unless such person shall first obtain a permit to do so from the Chief of Police as hereinafter provided. (1265-12/66, 1454-12/68, 2541-3/82, 3213-11/93) (b) Every establishment in the City of Huntington Beach is subject to the requirements of this chapter, if entertainment or dancing is conducted or proposed to be conducted in such establishment. (3213-11/93) (c) No entertainment or dancing will be allowed in any establishment, unless a permit therefor is granted, in compliance with the provisions of this chapter, and unless said establishment is in complete compliance with every other applicable law which may otherwise apply to the operation of the establishment. (3213-11/93) 5.44.015 Entertainment restrictions. The entertainment provided or allowed by the permittee shall be restricted to that which is specified in the entertainment permit. (3213-11/93) 5.44.020 Definitions. The following definitions shall be for purposes of this Chapter only, unless specifically adopted by another section of the Huntington Beach Municipal Code for use therein. (1265-12/66, 2541-3/82, 3213-11/93) (a) Establishment(s). Except as otherwise provided, and for purposes of this Chapter, an "establishment" means any location within the limits of the City of Huntington Beach to which the public may be invited where alcoholic beverages are served. (3213-11/93) (b) Entertainment. As used in this Chapter, "entertainment" means a single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited to watch, listen, or participate, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons, including, but not limited to: (3213-11/93) (1) (a) Any amusement or event such as live music or other performance which is knowingly permitted by any establishment subject to this chapter, including presentations by 8/94 A i 5.44.020(b)(1)(a)--5.44.030(b) Huntington Beach Municipal Code single or multiple performers, such as hypnotists, pantomimes, comedians, song or dance acts, plays, concerts, any type of contest; sporting events, exhibitions, carnival --�_ or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public. (3213-11/93) (b) Live or recorded music where public dancing is permitted. (3213-11/93) (2) Any event controlled, conducted, sponsored, encouraged, or knowingly permitted, by an establishment subject to this chapter, which involves any of the activities described in the foregoing paragraphs which is presented by members of the public, whether or not the participants in said activities are compensated by the establishment. (3213-11/93) (3) Establishments which provide juke boxes, televisions, video games, video programs, or recorded music and no other entertainment, as herein defined, are not required to comply with the provisions of this chapter, unless the recorded music is played on equipment which is operated by an agent or contractor of the establishment for a period exceeding ten (10) minutes per hour. The intent of this section is to require a permit of establishments which provide that which is commonly known as a "DJ" and to exempt establishments which provide incidental or ambient music. (3213-11/93) (c) Dancing. "Dance and Dancing" is defined as movement of the human body, accompanied by music or rhythm, except however, "dance and dancing", as used in this chapter, means dancing by patrons only; any other form of dance is deemed "entertainment", as defined herein. (3213-11/93) (d) Patron(s). "Patron(s)" is defined as a member or members of the public who enter any establishment subject to this chapter, except as hereinafter provided. (3213-11/93) "Patron(s)" do not include: (3213-11/93) (1) any agent, owner, employee or contractor of an establishment subject to this chapter. Any person who indirectly or directly receives anything of value in exchange for his or her services rendered on behalf of such establishment shall be considered an "employee" hereunder; (3213-11/93) (2) any agent or representative of any governmental entity of any description whatsoever, including ad hoc boards, task forces, and commissions, provided that such agent or representative enters an establishment, acting in his or her official capacity on behalf of said governmental entity; (3213-11/93) (3) persons who conduct entertainment at the subject establishment. (3213-11/93) 5.44.030 Entertainment permit--Application. (3213-11/93) (a) If a Conditional Use Permit, or any other entitlement, except a certificate of occupancy, is required for the use of any establishment which proposes to provide, or which does provide, entertainment or dancing, the provisions of this chapter shall be satisfied before application is made to the City for any such use permit or entitlement. The body before whom such entitlement application is heard shall not impose any condition inconsistent with the conditions imposed on a permit issued pursuant to this chapter. (3213-11/93) (b) Applicants for entertainment permits shall file a written, signed and acknowledged application with the Business License Department showing: (3213-11/93) 8/94 Huntington Beach Municipal Code 5.44.030(b)(1)--5.44.050(3) (1) The name and permanent address of applicant; (3213-11/93) (2) A detailed description of the entertainments, including type of entertainment, number of persons engaged in the entertainment, and any further information about the entertainment as the Chief of Police deems necessary; (3213-11/93) (3) The date, hours and location where the entertainment is proposed, and the admission fee, if any, to be charged; (4) The name or names of the person or persons having the management or supervision of applicant's business; (5) A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment; (6) Whether or not the person or persons having the management or supervision of applicant's business have been convicted of a crime, the nature of such offense, and the sentence received therefor; (7) Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business as the Chief of Police may deem necessary. (1265-12166, 1454-12/68) (8) A floor plan and site plan showing the building interior and grounds, including parking spaces, and the dimension of each portion. (3213-11/93) (9) A copy of any other licenses, permits, or entitlements issued to the applicant for this establishment or use. (3213-11/93) 5.44.040 Permit--Aoolication fee. A fee of two hundred dollars ($200) shall be paid upon the filing of each application for a permit for the purpose of defraying the expenses incidental to the processing of the application. This fee amount shall be valid for a period of one year from the date of adoption of this ordinance. Thereafter the fee shall be set by resolution of the City Council. (1265-12/66, 3213-11/93) 5.44.050 Permit--Granting. After the making and filing of the application, the Business License Department shall refer the matter to the Chief of Police for investigation and report thereon. The Chief of Police shall approve and issue an entertainment permit if the application and evidence submitted show that: (1265-12/66, 1444-10/68, 3213-11/93, Urg. 3247-8/94) (1) The granting of previous entertainment and other related permits to the applicant has not, in the past, resulted in the operation of a business or businesses which have created loud and/or unreasonable noise levels for that location, as regulated by Huntington Beach Municipal Code Section 8.40, or excessive disturbances to the surrounding environment such that calls for services to the Police Department have exceeded fifteen (15) in the preceding twelve (12) months, and (Urg.3247-8/94) (2) The applicant or business has not been previously convicted of disturbing the peace and/or the creation of and failure to abate a nuisance as defined in the California Civil Code, and (Urg. 3247-8/94) (3) The type of entertainment to be provided would not attract crowds considered large for that location, would not overwhelm the available police and safety services, and would not be incompatible with the surrounding environment, and (Urg. 3247-8/94) 8/94 v 9 _ 5.44.050(4)-5.44.080(d) Huntington Beach Municipal Code (4) The premises within which the entertainment is to be presented shall provide sufficient sound- absorbing insulation such that noise generated within the premises shall not be in violation of Huntington Beach Municipal Code Section 8.40 in relation to adjacent property or public right-of-way or within any other building or other separate unit within the same building, and (Urg. 3247-8/94) (5) Considering where the entertainment is to be presented and its proximity to other businesses, residences, and the surrounding environs, there exist possible effective means of mitigating the noise emanating from the business to a level of insignificance and in compliance with Huntington Beach Municipal Code Section 8.40, and (Urg. 3247-8/94) (6) The place of entertainment is to be located in a zone permitting the proposed use under Chapter 92 of the Huntington Beach Ordinance Code, and (Urg. 3247-8/94) 1 (7) All signage conforms to the requirements for that zone, and (Urg. 3247-8/94) (8) The granting of an entertainment permit would not violate other sections of the Huntington Beach Municipal Code or other applicable laws, and (Urg. 3247-8/94) (9) For the renewal of a previously granted entertainment permit, the business has not necessitated calls to police and resulting police responses as a result of its operations at a level which is at least twenty percent (20%) greater than calls and responses for similarly-situated businesses. (Urg. 3247-8/94) 5.44.060 Permit--Period valid. The permit shall be granted for the specific occasion requested, or if the request is for continuous permit, the permit shall be issued for not longer than one year. (1265-12/65) I 5.44.065 Permit--Notice to Applicant of Action Taken. Within twenty(20) working days after the making and filing of the application, unless the applicant signs a written waiver of notice, the Police Department shall mail or personally deliver written notice to the applicant stating the action that was taken on the application, together with a list of any conditions imposed if the application is granted or, if the application is denied, the specific grounds for the denial. The notice shall also advise the applicant of his right to appeal the denial of his application or any of the conditions imposed. (3213-11/93) 5.44.070 Permit--Appeal of decision. Any permit applicant aggrieved by the decision of the Chief of Police to deny or impose any conditions on such a permit may appeal to the City Council in the manner provided by Section 9880 of the Huntington Beach Ordinance Code; except that the written appeal must be filed with the City Clerk within five (5) days of service of written notice of the Chief of Police's decision. (1444-10/68, 3213-11/93) 5.44.080 Exclusions. The provisions of section 5.44.010 shall not be deemed to require a permit for the following: (a) For the use of a radio or music recording machine, or juke box in any establishment; (b) For any entertainment provided for members and their guests at a private club where admission is not open to the public; (c) For entertainment conducted in connection with a regularly established recreation park, circus or fairground; (d) For entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent, charitable dramatic or literary purposes having an 8/94 5.44.080(d)--5.44.100 Huntington Beach Municipal Code established membership and'which holds meetings other than such entertainment at regular intervals, when proceeds, if any, arising from such entertainment are used for the purposes of such club, society or association. (1265-12/66) 5.44.090 Revocation of permit--Hearing. (a) The City Council may, after conducting a public hearing on the matter, revoke or suspend the permit and license of any person holding same in the City, upon receiving satisfactory evidence that the licensee or permittee has been convicted of, or has entered a plea of guilty to any violation of the provisions of this chapter, or of any other law or ordinance of the City or state relating to such business. The City Council may revoke any permit issued or granted under section 5.44.030 if, after hearing, it is determined that the entertainment is detrimental to the public welfare or that permittee, or his employees, are engaged in conduct or behavior which creates unreasonable noise or constitutes a nuisance. Complaints registered with the City Police or Fire Departments, with the Department of Community Development, the State Alcoholic Beverage Control Board or the County Health Department may be considered in the determination of whether or not a nuisance has been created. (1265-12/66, 3213-11/93) (b) The City Council may, in its discretion, appoint an independent Hearing Officer to conduct a revocation hearing. The Hearing Officer will provide notice of the time and place of the hearing to the permittee ten (10) days in advance of the hearing. The Officer shall make a recommendation to the City Council after hearing evidence and providing the permittee with an opportunity to be heard and present evidence in his own behalf, and shall prepare written findings. The City Council shall-consider those findings and any other written material which the permittee submits in his own behalf and make a determination as to whether the permit should be revoked, modified or remain in force. (3213-11/93) 5.44.100 Revocation of permit--Reapplication. Whenever a permit or license is revoked under the terms of this chapter, no other application for a permit under this chapter shall be considered for a period of one year from date of such revocation. (1265-12/66) 8/94 Huntington Beach Municipal Code 5.44.010--5.44.020(b)(1)(a) � oo Chapter 5.44 RESTAURANTS--AMUSEMENT AND ENTERTAINMENT PREMISES (1265-12/66, 1444-10/68, 1454-12/68, 3213-11/93) Sections: 5.44.010 Entertainment permit required 5.44.015 Entertainment restrictions 5.44.020 Definitions 5.44.025 Repealed-- Ordinance 3213-11/93 5.44.030 Entertainment permit--Application 5.44.040 Permit--Application fee 5.44.050 Permit--Granting 5.44.060 Permit--Period valid 5.44.065 Permit--Notice to Applicant of Action Taken 5.44.070 Permit--Appeal of decision 5.44.080 Exclusions 5.44.090 Revocation of permit--Hearing 5.44.100 Revocation of permit--Reapplication 5.44.010 Entertainment permit required. (a) No person shall provide or permit any type of entertainment in a coffee shop, restaurant, nightclub, or place where food or other refreshments are served and which is open to the public unless such person shall first obtain a permit to do so from the Chief of Police as hereinafter provided. (1265-12/66, 1454-12/68,2541-3/82,3213-11/93) (b) Every establishment in the City of Huntington Beach is subject to the requirements of this chapter, if entertainment or dancing is conducted or proposed to be conducted in such establishment. (3213-11/93) (c) No entertainment or dancing will be allowed in any establishment, unless a permit therefor is granted,in compliance with the provisions of this chapter, and unless said establishment is in complete compliance with every other applicable law which may otherwise apply to the operation of the establishment. (3213-11/93) 5.44.015 Entertainment restrictions. The entertainment provided or allowed by the permittee shall be restricted to that which is specified in the entertainment permit. (3213-11/93) 5.44.020 Definitions. The following definitions shall be for purposes of this Chapter only, unless specifically adopted by another section of the Huntington Beach Municipal Code for use therein. (1265-12/66, 2541-3/82,3213-11/93) (a) Establishment Us . Except as otherwise provided, and for purposes of this Chapter, an "establishment" means any location within the limits of the City of Huntington Beach to which the public may be invited where alcoholic beverages are served. (3213-11/93) (b) Entertainment. As used in this Chapter, "entertainment" means a single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business,to which the public is invited to watch, listen, or participate, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons, including,but not limited to: (3213-11/93) (1) (a) Any amusement or event such as live music or other performance which is knowingly - permitted by any establishment subject to this chapter, including presentations by 11/93 5.44.020(b)(1)(a)--5.44.030(b) Huntington Beach Municipal Code single or multiple performers, such as hypnotists,pantomimes, comedians, song or dance acts, plays, concerts, any type of contest; sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public. (3213-11/93) (b) Live or recorded music where public dancing is permitted. (3213-11/93) (2) Any event controlled, conducted, sponsored, encouraged, or knowingly permitted,by an establishment subject to this chapter, which involves any of the activities described in the foregoing paragraphs which is presented by members of the public, whether or not the participants in said activities are compensated by the establishment. (3213-11/93) (3) Establishments which provide juke boxes, televisions, video games, video programs, or recorded music and no other entertainment, as herein defined, are not required to comply with the provisions of this chapter, unless the recorded music is played on equipment which is operated by an agent or contractor of the establishment for a period exceeding ten(10)minutes per hour. The intent of this section is to require a permit of establishments which provide that which is commonly known as a "DJ" and to exempt establishments which provide incidental or ambient music. (3213-11/93) (c) Dancing. "Dance and Dancing" is defined as movement of the human body, accompanied by music or rhythm, except however, "dance and dancing", as used in this chapter, means dancing by patrons only; any other form of dance is deemed "entertainment", as defined herein. (3213-11/93) (d) Patron(s). "Patron(s)" is defined as a member or members of the public who enter any establishment subject to this chapter, except as hereinafter provided. (3213-11/93 "Patron(s)" do not include: (3213-11/93) (1) any agent, owner, employee or contractor of an establishment subject to this chapter. Any person who indirectly or directly receives anything of value in exchange for his or her services rendered on behalf of such establishment shall be considered an "employee" hereunder; (3213-11/93) (2) any agent or representative of any governmental entity of any description whatsoever, including ad hoc boards,task forces, and commissions,provided that such agent or representative enters an establishment, acting in his or her official capacity on behalf of said governmental entity; (3213-11/93) (3) persons who conduct entertainment at the subject establishment. (3213-11/93) 5.44.030 Entertainment permit--Application. (3213-11/93) (a) If a Conditional Use Permit, or any other entitlement, except a certificate of occupancy, is required for the use of any establishment which proposes to provide, or which does provide, entertainment or dancing,the provisions of this chapter shall be satisfied before application is made to the City for any such use permit or entitlement. The body before whom such entitlement application is heard shall not impose any condition inconsistent with the conditions imposed on a permit issued pursuant to this chapter. (3213-11/93) (b) Applicants for entertainment permits shall file a written, signed and acknowledged application with the Business License Department showing: (3213-11/93) 11/93 Huntington Beach Municipal Code 5.44.030(b)(1)--5.44.070 (1) The name and permanent address of applicant; (3213-11/93) (2) A detailed description of the entertainments, including type of entertainment,number of persons engaged in the entertainment, and any further information about the entertainment as the Chief of Police deems necessary; (3213-11/93) (3) The date, hours and location where the entertainment is proposed, and the admission fee, if any,to be charged; (4) The name or names of the person or persons having the management or supervision of applicant's business; (5) A statement of the nature and character of applicant's business, if any,to be carried on in conjunction with such entertainment; , (6) Whether or not the person or persons having the management or supervision of applicant's business have been convicted of a crime,the nature of such offense, and the sentence received therefor; (7) Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business as the Chief of Police may deem necessary. (1265-12/66, 1454-12168) (8) A floor plan and site plan showing the building interior and grounds, including parking spaces, and the dimension of each portion. (3213-11/93) (9) A copy of any other licenses,permits, or entitlements issued to the applicant for this c establishment or use. (3213-11/93) 5.44.040 Permit--Application fee. A fee of two hundred dollars ($200) shall be paid upon the filing of each application for a permit for the purpose of defraying the expenses incidental to the processing of the application. This fee amount shall be valid for a period of one year from the date of adoption of this ordinance. Thereafter the fee shall be set by resolution of the City Council. (1265-12/66,3213-11/93) 5.44.050 Permit--Granting. After the making and filing of the application, the Business License Department shall refer the matter to the Chief of Police for investigation and report thereon. If satisfied as to the good character of the applicant, and that the entertainment, as proposed, will not be detrimental to the public welfare, and that all other requirements of applicable law have been satisfied, the Chief of Police shall grant a permit. (1265-12/66, 1444-1 o/68, 3213-11/93) 5.44.060 Permit--Period valid. The permit shall be granted for the specific occasion requested, or if the request is for continuous permit, the permit shall be issued for not longer than one year. (1265-12/66) 5.44.065 Permit--Notice to Applicant of Action Taken. Within twenty (20) working days after the making and filing of the application, unless the applicant signs a written waiver of notice, the Police Department shall mail or personally deliver written notice to the applicant stating the action that was taken on the application,together with a list of any conditions imposed if the application is granted or, if the application is denied,the specific grounds for the denial. The notice shall also advise the applicant of his right to appeal the denial of his application or any of the conditions imposed. (3213-11/93) 5.44.070 Permit--Appeal of decision. Any permit applicant aggrieved by the decision of the Chief of Police to deny or impose any conditions on such a permit may appeal to the City 11/93 \ e n 5.44.070--5.44.100 Huntington Beach Municipal Code Council in the manner provided by Section 9880 of the Huntington Beach Ordinance Code; except that the written appeal must be filed with the City Clerk within five (5)days of service of written notice of the Chief of Police's decision. (1444-10/68, 3213-11/93) 5.44.080 Exclusions. The provisions of section 5.44.010 shall not be deemed to require a permit for the following: (a) For the use of a radio or music recording machine, or juke box in any establishment; (b) For any entertainment provided for members and their guests at a private club where admission is not open to the public; (c) For entertainment conducted in connection with a regularly established recreation park, circus or fairground; " (d) For entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent, charitable dramatic or literary purposes having an established membership and which holds meetings other than such entertainment at regular intervals, when proceeds, if any, arising from such entertainment are used for the purposes of such club, society or association. (1265-12/66) 5.44.090 Revocation of permit--Hearing. (a) The City Council may, after conducting a public hearing on the matter,revoke or suspend the permit and license of any person holding same in the City, upon receiving satisfactory evidence that the licensee or permittee has been convicted of, or has entered a plea of guilty to any violation of the provisions of this chapter, or of any other law or ordinance of the City or state relating to such business. The City Council may revoke any permit issued or granted under section 5.44.030 if, after hearing, it is determined that the entertainment is detrimental to the public welfare or that permittee, or his employees, are engaged in conduct or behavior which creates unreasonable noise or constitutes a nuisance. Complaints registered with the City Police or Fire Departments, with the Department of Community Development, the State Alcoholic Beverage Control Board or the County Health Department may be considered in the determination of whether or not a nuisance has been created. (1265-12/66,3213-11/93) (b) The City Council may, in its discretion, appoint an independent Hearing Officer to conduct a revocation hearing. The Hearing Officer will provide notice of the time and place of the hearing to the permittee ten(10) days in advance of the hearing. The Officer shall make a recommendation to the City Council after hearing evidence and providing the permittee with an opportunity to be heard and present evidence in his own behalf, and shall prepare written findings. The City Council shall consider those findings and any other written material which the permittee submits in his own behalf and make a determination as to whether the permit should be revoked, modified or remain in force. (3213-11/93) 5.44.100 Revocation of permit--Reapplication. Whenever a permit or license is revoked under the terms of this chapter,no other application for a permit under this chapter shall be considered for a period of one year from date of such revocation. (1265-12/66) 11/93 HUNTINGTON BEACH ORDINANCE CODE 'UPDA TES (Effective 7/21/94) Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Please Remove from Code Please Add to Code Article 908 Article 908 Article 922 Article 922 Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 d8afi1es\c1erkVanbrdcd5.doc I I k . Huntington Beach Ordinance Code 9080 Article 908 DEFINITIONS (495-6/46, 556-2/50, 596-5/53, 1103-1/65, 1241-9/66; 1261-11/66, 1366-1/68, 1469-3/69, 1566-5/70, 1672-10/71, 1673-12/71, 1752-10/72, 1753-7/72, 1769-9/72, 1799-1/73, 1852-7/73, 1928-9/74, 2115-11/76, 2127-12/76, 2217-10/77, 2221-11/77, 2273-5/78, 2340-2/79, 2429-6/80, 2487-6/81, 2539-3/82, 2588-1/83, 2618-6/83, 2632-8/83, 2772-7/85, 2773-7/85, 2780-9/85, 2936-4/86, 2941-7/88, 2836-6/86, 2957-9/889 3024-12/89, 3108-7/91, 3152-7/92, 3224-2/94, 3236-7/94 Sections: 9080 Definitions A Accessory building Accessory use Adult business Alley Animal clinic Antenna, satellite dish Apartment Architectural projections or Appurtenances Arterial Attached units Auction Automobile/vehicle repair � Automobile storage or parking space Automobile storage yard Automobile wrecking B Basement Bed and Breakfast Inn Bedroom Block Boarding or rooming house Building Building height Building, site Building, main Business or commerce C Child day care facility Carport Church City Clinic Club Commercial recreation use Commercial vehicle Commission Compensation Community apartment project Condominium i Convenience Market D Density bonus j Director Disposal service operation I 7/94 r 9080 Huntington Beach ,Ordinance ,Code District Dry cleaning agency Dwelling Dwelling, multiple unit Dwelling, single unit ' Dwelling, -Second Unit ` Dwelling, Studio Unit Dwelling unit E Educational institution Erected Equestrian Equine F Family 4 Fast Food Restaurant Final approval Final environmental evaluation G Game arcade Garage, private General plan Grade Gross acreage Gross floor area Gross site area H Health club Hedge Home occupation Horticulture Hospital Hostel Hotel I Indoor Swap Meet/Flea Market Industrial use J Junk, wrecking, dismantling or salvage yards K Kennel Kitchen L Landscaping Laundry Line of sight Liquor store Living Unit Loading space Local street Lot Lot area Lot depth Lot frontage Lot line Lot line, front Lot line, interior Lot line, rear Lot, reverse corner Lot, through Lot, Width M Mobilehome/manufactured home I Mobilehome accessory structure 7/94 Huntington Beach Ordinance Code 9080 Mobilehome lot or space Mobilehome park Model Home Motel Motor vehicle Maximum wind energy conversion system height N Net site area Nonconforming building Nonconforming parcel Nonconforming use Nontransferable conditional use permit 0 Occupancy, change of n Occupied Open or public land Open space Oversize vehicles Overspeed control P Parking structure Person Personal Enrichment Services Permanent open space Place of public assembly Planned residential development Private street R. Recreational vehicle park. Recreational vehicle Recreation space Rental unit Residence Restaurant Retail store Retaining wall S Senior citizen housing Service station Service station, idle School Setback line, front yard Setback line, side or rear yard Single Room Occupancy (SRO) Site Site coverage Site plan Stable, _commercial Stock cooperative Story Street Street line Structure Structural alteration Structure, temporary T Temporary outdoor event Tattoo Tattooing establishment U Ultimate right-of-way f Use 7/94 9080--Arterial Huntington Beach Ordinance Code W Wall or fence Warehouse Waterfront lot Wet bar Wholesale use Wind energy conversion system Y Yard Yard, front Yard, rear Yard, side Z Zone Zoning district maps 9080 Definitions. ' Words and phrases wherever used in this division shall be construed as defined in this article unless the content clearly indicates otherwise. When not inconsistent with the context, words used in the present tense include the future tense;' words used in the singular number include the plural number; and words of the masculine gender include the feminine and neuter gender. The word "shall" is always mandatory and the word "may" is permissive. (2836-6/86) A. Accessory building. A detached building on the same site as a main building, the use of which is incidental to that of the main building, and which is used exclusively by the occupants of the main building. (2836-6/86) Accessory use. A use customarily incidental and accessory to the principal use of a lot or a building located upon the same site. (2836-6/86) Adult business. A business as defined in Article 975. (2836-6/86) Alley. A public or private thoroughfare, permanently reserved which affords a secondary means of access to abutting property. (2836-6/86) Animal clinic. A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Kennel uses shall be incidental to such hospital use and limited to short-time boarding for medical purposes. (2836-6/86) Antenna, satellite dish. An apparatus capable of receiving communications from a transmitter or transmitter relay located in planetary orbit. (2836-6/86) Apartment. A room or suite of two (2) or more rooms in a multiple family dwelling occupied or suitable as a residence for one (1) family. (2386-6/86) ' Architectural projections or appurtenances. Features on buildings which provide visual variation and/or relief but do not serve as interior or exterior living or working space. (3024-12/89) Arterial. Any street, highway or road designed as an arterial in the general plan circulation element. (2836-6/86) 7/94 I Huntington Beach Ordinance Code Attached Units--Bedroom Attached units. Separate residential or commercial units sharing one or more common walls but with no common interior space. (2836-6/86) Auction. The sale of new and used merchandise offered to bidders by an auctioneer for compensation. (2836-6/86) Automobile/vehicle repair. A retail and service business engaged in the following activities: (3024-12/89) (a) Minor repair. Light repair and sale of goods and services for vehicles including brake, muffler, tire shops, oil and lube and their accessory uses, but not including any of the activities listed below as major repair. (3024-12/89) (b) Major repair: Heavy automotive/vehicle repair including but not limited to transmission, battery, radiator, and engine repair or overhaul; welding; turning brake drums; steam cleaning, body and fender work; painting; and upholstery. (2836-6/86, 3024-12/89) Automobile storage space or parking, space. A permanently maintained, privately-owned space on the same site as the use it is intended to serve and located and arranged to permit the readily accessible temporary storage of an average size automobile under its own power. Such space shall be exclusive of driveways, walks, ramps and columns. (2836-6/86) Automobile storage yard. A storage yard for motor vehicles whether impounded or not on any portion of a lot. This definition shall not include any dismantling, wrecking or repair of any vehicle. (2836-6/86) Automobile wrecking. The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts outside of an enclosed building, but not including the incidental storage of vehicles in connection with a repair shop provided the storage period of any one vehicle does not exceed sixty (60) days. (2836-6/86) B. Basement. A story partly underground and having at least one-half its height below the average adjoining grade as measured from the floor to the finished ceiling. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its finished ceiling is over five (5) feet. (2836-6/86) Bed and Breakfast Inn. A residential dwelling in which rooms are rented to paying guests on an overnight basis with breakfast served daily, the entire service to be for one stated price for a total period of time not to exceed 14 days during any consecutive 90-day period. Bed and Breakfast Inn does not include rest homes, convalescent homes, hotels, motels or boarding houses. (2957-9/88) Bedroom. Any room which meets the minimum requirements of the building code for a habitable room, which is constructed in such a manner that less than 50 percent of one wall is open to an adjacent room or hallway and which can be readily used for private sleeping purposes shall be counted as a bedroom in order to determine the parking areas or other 7/94 I Bedroom--Child day care facility(b) Huntington Beach Ordinance Code requirements. Exceptions to this definition shall be those rooms which regularly make up a standard dwelling unit such as one kitchen, living, family or recreation room and dining room, and the customary sanitary facilities. (2836-6/86) Block. The real property abutting the side of a street between two consecutive cross streets or between a city limit line and the nearest cross street. (2836-6/86) Boarding or rooming house. A building where lodging and meals are provided for a minimum of six (6), but not more than fifteen (15) persons, not including rest homes. (2836-6/86) 1 Building. Any structure that is completely roofed and enclosed on all sides or supported by columns and which is built and maintained for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. (2836-6/86) Building height_ . The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to a deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: (3152-7/92) (1) The elevation of the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance of the exterior wall of the -� building when such a sidewalk or ground surface is not more than four (4) feet above the lowest grade. (3152-7/92) (2) An elevation four (4) feet higher than the lowest grade when the sidewalk or ground surface described in (1) above is more than four (4) feet above lowest grade. (2836-6/86, 2846-8/86, 3152-7/92) For the Single Family Residential District (Rl) only, building height shall be as defined in Section 9110.4. (3152-7/92) Building site. The ground area occupied or to be occupied by a building together with all yards and open spaces adjacent thereto. (2836-6/86) Building, main. A build�ng ;in which the principal use of the lot is conducted. In a residential district, any dwelling shall be deemed to be a main building. (2836-6/86) Business or commerce. The purchase, sale, or other transaction involving the handling or disposition of any article, substance, or commodity for profit or livelihood; or the ownership or"management of offices, recreational or amusement enterprises; or the, maintenance and use of office by professions and service trades. (2836-6/86) Child day care facility. A facility which provides nonmedical care to children under eighteen (18) years of age in need of supervision on less than twenty-four (24) hour basis. Child day care facilities include: (3024-12/89) (a) Small Family Day Care Home. A single family residence in which care is provided to six (6) or fewer children. (3024-12/89) 7/94 Huntington Beach Ordinance Code Child day care facility--Convenience market (b) Large Family Day Care Home. A single family residence in which care is provided to seven (7) to twelve (12) children. (3024-12/89) (c) Day Care Center. Any child day care facility other than family day care home and includes infant centers, preschools, extended day care facilities. (3024-12/89) Carport. A permanent roofed accessory structure with not more than two (2) enclosed sides which is intended for automobile storage for the occupants of the premises. (2836-6/86) Church. A permanently located building commonly used for religious worship and conforming to applicable requirements for design and construction. (2836-6/86) City. The city of Huntington Beach, California. (2836-6/86) Clinic. A place used for the care, diagnosis and treatment of sick, infirm or injured persons and those in need of medical or surgical attention, but which does not provide room and board or permit persons to stay on the premises overnight. (2836-6/86) Club. A nonprofit association for persons who are bona fide members, and pay regular dues, which is organized for some common purpose, but not including a group primarily organized to provide a commercial service or enterprise. (2836-6/86) Commercial recreation use. Any recreational facility operated as a business and open to the general public. (2836-6/86) Commercial vehicle. Any motorized or non-motorized vehicle used or maintained to transport property for profit, or persons for hire or compensation. (2836-6/86) Commission. The Huntington Beach Planning Commission. (2836-6/86) Compensation. The word "compensation" means anything of value. (2836-6/86) Community apartment project. A project in which an individual interest in the land is coupled with the right exclusively to occupy an individual unit. (2836-6/86) Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, commercial, or industrial building on such real property, such as an apartment, office or store. A condominium may include a separate interest in other portions of such real property. The duration of the estate may be an estate of inheritance or perpetual estate, an estate for life, or an estate for years such as a leasehold or subleasehold. (2836-6/86) Convenience market. A retail use in conjunction with gasoline sales in which the sales room exceeds two-hundred (200) square feet. (3024-12/89) 7/94 Density Bonus--Erected Huntington Beach Ordinance Code D. Density bonus. A density increase over the otherwise maximum residential density allowable by the zoning code and general plan. A density bonus may be processed only for a housing development on a lot which is allowed five (5) or more dwelling units prior to ,a density bonus. (3024-12/89) Director. The Director of Community Development for the city of Huntington Beach or a duly authorized representative. (2836-6/86) Disposal service operation. Any area for the storage and maintenance of vehicles and equipment used in the collection, transportation, and removal of garbage and rubbish, but not including storage or dumping of the garbage and rubbish. (2836-6/86) ' District. Any classified area shown by specific designation on the zoning maps which are a part of the ordinance code. (2836-6/86) Dry cleaning agency. A commercial use in which the cleaning of clothes is incidental to a laundry or coin-operated dry cleaning service and which uses nonvolatile materials. (2836-6/86) Dwelling. A building or- portion thereof designed and occupied exclusively for residential purposes including single-unit and multiple-unit dwellings, but not including hotels or boarding houses. (2836-6/86, 3024-12/89) Dwelling, multiple unit. A building or buildings designed with two (2) or more dwelling units. (2836-6/86, 3024-12/89) Dwelling, single unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single family dwellings shall be considered as multi-family. (2836-6/86, 3024-12/89) Dwelling, second unit. A fully equipped dwelling unit which is ancillary and subordinate to a principle dwelling unit located on the same lot in the R1 zone. (3024-12/89) Dwelling, studio unit. A dwelling unit consisting of one (1) kitchen, one (1) bathroom, and one (1) combination living room and sleeping room. The gross floor area shall not exceed 500 square feet or it shall be considered as a one bedroom unit. Also known as a single, a bachelor, or an efficiency unit. (3024-12/89) Dwelling Unit. One or more habitable rooms with only one kitchen, and designed for. occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. (3024-12/89) E. Educational institution. Any school, college or university providing general instruction as determined by the California State Board of Education. (2836-6/86) Erected. The word "erected" includes built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations required prior' to building. (2836-6/86) 7/94 Huntington Beach Ordinance Code Equestrian--Gross floor area Equestrian. That which pertains to horses or horseback riders. (2836-6/86) Equine. A horse, mule, pony, jackass, and other quadripeds of the genus equus. (2836-6/86) F. Family. Two or more persons living together in a dwelling unit, sharing common cooking facilities, and possessing the character of a relatively permanent single bona fide housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bond of social, economic and psychological commitment to each other, as distinguished from a group occupying a boardinghouse, club, dormitory, fraternity, hotel, lodging house, motel, rehabilitation center, rest home or sorority. (2836-6/86) Fast-food restaurant. Any commercial establishment serving food or drinks which encourages consumption at home or on other premises. (2836-6/86) Final approval. Ten (10) days after approval by the discretionary body and no appeal of that decision has been filed. (3024-12/89) Final environmental evaluation. That point in time prior to the decision on an entitlement for a project where an environmental assessment and a recommended action have been provided to the discretionary body. Dates shall be determined as follows: Exempt projects: Date of application acceptance. Negative declaration: Expiration date of the required posting period. Environmental impact report: The date when public hearings on the project are concluded. (2836-6/86) G. Game arcade. Any place of business with more than four (4) commercially-operated amusement devices. (2836-6/86) Garage, private. An accessory building or a portion of a main building used for the storage of self-propelled vehicles of not more than one-ton rated capacity and other goods owned or operated by the occupants of the main building and where there is no service or storage for compensation. (2836-6/86) General plan. The general plan map and text for Huntington Beach adopted by the City Council. (2836-6/86), Grade. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project by this code, includes natural grade. (3024-12/89) Gross acreage. The area computed within all of the exterior property lines of a proposed development including the area to the center line of any abutting streets. (2836-6/86) Gross floor area. The total area of each floor within the building- exterior walls. (3024-12/89) 7/94 f I Gross site area--Laundry Huntington Beach Ordinance Code Gross site area. The area computed within the lot lines of a parcel of land before public streets, easements, or other areas to be dedicated or reserved for public use have been deducted. (2836-6/86) H. Health club. A commercial or private health center providing opportunities for recreational and physical fitness activities such as, but not limited to, handball, racquetball, weight training and dance exercises. (2836-6/86) Hedge. A plant or series of plants, shrubs or other landscape material so arranged as to form a physical barrier or enclosure. (3024-12/89) Home occupation. A business use incidental and secondary to the principal use of a residential dwelling, subject to the standards outlined in this division. (2836-6/86) Horticulture. The science and art of growing fruits, vegetables, flowers, vines, trees, or field crops for wholesale purposes. (2836-6/86) Hospital. An- institution for the diagnosis, care and treatment of human illnesses. (2836-6/86) Hostel. A supervised, inexpensive lodging for use by youth. See Hotel. (3024-12/89) Hotel. A building designed for or occupied as a temporary abiding place for individuals who are lodged with or without meals in which there are six (6) or more guest rooms and in which no provision for cooking is made in any individual suite. (2836-6/86) I. Indoor Swap Meet/Flea Market. An occasional, periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. (3224-2/94) Industrial use. The manufacture, assembly, storage or wholesale distribution of a product. (3024-12/89) J. Junk, wrecking, dismantling or salvage Yards The use of one hundred (100) or more square feet of any parcel of land for outside storage, wrecking or dismantling of any used materials, including but not limited to lumber, auto parts, household appliances, pipe, drums, machinery or furniture. (2836-6/86) K. Kennel. A use in which four (4) or more dogs' or cats over four (4) months of age are kept on any lot for any purpose. (2836-6/86) Kitchen. Any room or portion thereof containing facilities designed or used for the preparation of food including a sink and stove, oven, range and/or hot plate. Kitchen shall not include a wet bar. (2836-6/86) L. Landscaping. The planting and continued maintenance of suitable plant materials and which includes an adequate irrigation system. (2836-6/76) Laundry. A building or portion of a building where clothing and fabrics are washed. (2836-6/86) 7/94. Huntington Beach Ordinance Code Line of sight--Lot line, rear Line of sight. A visual path emanating from an average eye level adjudged to be five (5) feet above ground level. (2836-6/86) Liquor store. Any establishment in which the primary use is to offer any alcoholic beverage for retail sale for consumption off-premises. Living unit. A unit within a Single Room Occupancy suited to accommodate up to two (2) persons. (3108-7/91) Loading space. An off-street space for the temporary parking of commercial vehicles while loading or unloading and which has a permanent means of access. (2836-6/86) Local street. A low-speed, low-volume thoroughfare used primarily for access to abutting residential or other properties. A local street has on-street parking and a significant amount of pedestrian traffic. (2836-6/86) Lot. Any numbered or lettered parcel shown on a recorded tract map, a record of survey pursuant to an approved division of land, or a parcel map. A lot includes any area of land under one ownership abutting upon at least one street, alley or recorded easement. (2836-6/86) Lot area. See net site area. (2836-6/86) Lot depth. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. (2836-6/86) Lot frontage. The linear length of a lot measured along the property line adjacent to a street or easement. Lot line. Any line bounding a lot. "Property line" means the same as "lot line." (2836-6/86) Lot line, front. On an interior lot, the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot, or a lot with three or more sides abutting a street, or a corner or reverse corner lot with lot lines of equal length, the Director shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this division. On a private street or easement, the front lot line shall be designed as the edge of the easement. (2836-6/86) Lot line, interior. A lot line not abutting a street. (2836-6/86) Lot line, rear. A lot line not abutting a street which is opposite and most distant from the front lot line; in the case of an irregularly shaped lot, a line within the lot, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot lines. (2836-6/86) 7/94 Open or public land--Private street Huntington Beach Ordinance Code Open or public land. Public parks, waterways, school sites, flood or electric line rights-of-way or easements. (2836-6/86) Open space. Any part of a lot or parcel unobstructed from the ground upward, excepting architectural features extending no more than thirty (30) inches from the structure and excluding any area of the site devoted to driveways and other parking areas. (2836-6/86) Oversize vehicles. Any vehicle which exceeds twenty-five (25) feet in length, seven (7) feet in width, or seven (7) feet in height, motorized or nonmotorized. Oversize vehicles include, but are not limited to trucks, buses, truck tractors, trailers, campers, and recreational vehicles, as well as any equipment or machinery regardless of size. (2836-6/86) Overspeed control. A mechanism used to limit the speed of blade rotation to within the design constraints of the wind energy conversion system. (2836-6/86) P. Parking structure. A structure used for parking of vehicles where parking spaces, turning ratio, and drive aisles are incorporated within the structure. (3024-12/89) Person. The word "person" includes association, company, firm, corporation, partnership, copartnership or joint venture. (2836-6/86) Personal Enrichment Services. Provision of instructional services or facilities, including but not limited to, fine arts, crafts, dance or music studios, driving schools, and business or trade schools except those leadingto a degree as defined by the State of California Education Code. (2957-9/88) Permanent open space. The phrase shall include golf courses, park sites, public utility easements, flood control rights-of-way a minimum of one hundred (100) feet in clear width; and for the purposes of establishing dancing, live entertainment or a game arcade, a parking lot or landscaped area a minimum of two hundred (200) feet in width. (2836-6/86) Place of public assembly. Any place designed for or used for the gathering of twenty (20) or more persons in one room where such gathering is of a public nature such as an assembly hall, church, auditorium, recreation or dance hall, theater, or amusement enterprise. (2836-6/86) Planned residential development A residential development, including statutory and non-statutory condominiums, cluster housing, townhouses and community apartments, in which common open space is integrated into the overall development. Common areas in which each resident has an undivided interest may include outdoor recreational facilities and assembly buildings intended for the use of residents within the development. (2836-6/86) Private street. A privately owned and maintained roadway used to provide vehicle access to abutting properties. (2836-6/86) 7/94 Huntington Beach Ordinance Code Motel--Open or public land Motel. A building containing guest rooms designed or used primarily for the accommodation of transient automobile travelers and which has sleeping rooms with direct outside access and conveniently located parking spaces. A maximum twenty-five (25%) percent of such sleeping units may have kitchens. (2836-6/86) Motor vehicle. A self-propelled device used or intended for the transportation of passengers or freight upon streets or highways. (2836-6/86) Maximum wind energy conversion system height. The height of ,the tower and furthest vertical extension of the rotor measured from grade. (2836-6/86) N. Net site area. The total horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress. (2836-6/86) Nonconforming building. Any building or structure or portion thereof which was legal when established, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nonconforming parcel. Any lot or parcel which was legal when created, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nonconforming use. Any use of land, buildings or a portion thereof which was legal when established, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nontransferable conditional use permit. A conditional use permit which may not be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; except that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner .or partners without effecting a surrender or termination of such permit. In such cases, the permit shall be placed in the name of the surviving partners after notifying the Director of Community Development. A conditional use permit issued to a corporation shall be deemed terminated and void when any outstanding stock of the corporation is sold, transferred or assigned after the issuance of the permit; or any stock which is authorized but not issued at the time of permit approval is thereafter issued, sold, transferred or assigned. (2836-6/86) 0. Occupancy, change of. A discontinuance of an existing use and a substitution of another use of a different kind or class. (2836-6/86) Occupied. Includes used, arranged, converted to, rented, leased, or' intended to be occupied. (2836-6/86) 7/94 Lot, reverse corner--Model home Huntington Beach Ordinance Code Lot, reverse corner. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not. (2836-6/86) Lot, through. A lot having frontage on two dedicated parallel or approximately parallel streets. (2836-6/86) Lot width. Lot width shall be calculated as indicated for the following types of lots: (a) Rectangular lot shall be measured along a line equidistant to and twenty (20) feet from the front property line. (b) Cul-de-sac and knuckle lots shall be measured twenty (20) feet from the front property line along a line perpendicular to the bisector of the front property line. (c) Cul-de-sac lots siding on another street, channel, or similar properties shall be measured along a line perpendicular to the interior side property line and twenty (20) feet from the front line property line. (2836-6/86) M. Mobilehome/manufactured home. A structure transportable in sections which is a minimum of eight (8) feet in width, forty (40) feet in length, and which when erected is a minimum of three-hundred and twenty (320) square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. Manufactured home includes a mobilehome subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. sections 5401 et seq.). Any structure not meeting the requirements of this definition except for size requirements shall be deemed a mobilehome/manufactured home provided the manufacturer voluntarily files certification and complies with these provisions. (2836-6/86) Mobilehome accessory structure. A subordinate building located on a mobilehome space or lot, the use of which is incidental to that of the main dwelling. (2836-6/86) Mobilehome lot or space. An improved plot within a mobilehome park which is designated for the occupancy of a mobilehome. (2836-6/86) Mobilehome park. Any area or tract of land where mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation. The rental fee paid shall be deemed to include rental for the lot the mobilehome occupies. (2836-6/86) Model home. A dwelling or residential building intended to be temporarily utilized as an example of the dwellings which have been or are proposed to be built within the same subdivision. Such building shall be constructed upon a lot previously designated as a model home site in the approved site plan, and in a subdivision for which a final map will be recorded. (2836-6/86) 7/94 , Huntington Beach Ordinance Code Recreational vehicle park--Setback line R. Recreational vehicle Dark. Any area or tract of land where one or more lots are rented or leased or held out for rent or lease for the use of recreational vehicles or tents to be occupied for temporary purposes. Exclusive occupancy of any site shall not exceed thirty (30) continuous days, nor one hundred and twenty (120) days in any calendar year. (2836-6/86) Recreational vehicle. A travel trailer, pickup camper or motorized home with or without a mode of power and designed for temporary human habitation for travel or recreational purposes. (2836-6/86) Recreation space. Open space used for recreational uses such as sundecks, balconies and patios; and walkways, tennis and shuffleboard courts, swimming and boating areas, bridle paths, playgrounds and playing fields. (2836-6/86) Rental unit. A room, bath, and kitchen as a separate unit. (2836-6/86) Residence. A building used or intended to be used as a dwelling place for one or more families. (2836-6/86) Restaurant. A comprehensive term meaning an eating house providing service to the general public. (2836-6/86) Retail store. A business of selling goods, wares and merchandise - , directly to the ultimate consumer. (2836-6/86) Retaining wall. A structure designed to protect grade cuts or retain the fill of dirt, sand or other grading material. (3024-12/89) S. Senior citizen housing. Any housing exclusively designed wherein at least one person per unit is over sixty (60) years of age. (3024-12/89) Service station. Any lot or portion of a lot used for the dispensing of motor fuel and/or the servicing of motor vehicles. Such servicing may include sale of motor fuels and oils; lubrication; car washing, waxing, and polishing (with no steam equipment); sale and, service of tires, tubes, batteries; and service of auto accessories. Such service shall not include tire recapping, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steam cleaning, body repair, painting or upholstery. (2836-6/86) Service station, idle. Any service station which has not been open for business for at least sixty (60), eight ($) hour days out of any one hundred and eighty (180) consecutive days. (2836-6/86) School. An institution conducting regular academic instruction at kindergarten, elementary, secondary or college levels, operated by a governmental or nongovernmental organization. (2836-6/86) Setback line, front yard. The line which defines the depth of the required front yard. Such line shall be parallel to the property line and removed therefrom by the perpendicular distance described as the front yard setback. (2836-6/86) 7/94 Setback line, sid,p. . .-Structural alteration Huntington Beach Ordinance Code Setback line, side or rear yard. The line which defines the width or depth of the required side or rear yard. Such line shall be parallel to the property line and removed therefrom by the perpendicular distance described as the side or rear yard setback. (2836-6/86) Single room occupancy (SRO). A building designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. (3108-7/91) Site. Any legally created parcel of land bounded by property lines after dedication. (2836-6/86) Site coverage. The building area of all structures on a site as measured from all exterior building surfaces, including any patio covers, and any balconies and stairways with or without support posts. Architectural features such as bay windows, eaves and fireplaces that do not project more than thirty (30) inches, and decks that do not exceed more than forty-two (42) inches in height are excluded. (2836-6/86) Site plan. A plan prepared to scale, showing accurately and with complete mentioning, all_of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land. (2386-6/86) Stable, commercial. A stable for horses which are used, hired or boarded on a commercial basis and for compensation. (2836-6/86) Stock cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. (2836-6/86) Story. That portion of a building included between the surface of any floor and the surface of the floor next above it or the finished under surface of the roof directly above it. (2836-6/86) Street. A public or an approved private thoroughfare or `road easement which affords the principal means of access to abutting property, not including an alley. (2836-6/86) Street line. The boundary line between a street and abutting property. (2836-6/86) Structure. A mobilehome or anything constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which requires location on or in the ground, except swimming pools, patios, walks, tennis courts, and similar paved areas. (283,6-6/86) Structural alteration. Any change in or alterations to the structure of a building involving the bearing wall, column, beam or ceiling joists, roof rafters, roof diaphragms, foundations, tiles, retaining walls or similar components. (2836-6/86) 7/94 i Huntington Beach Ordinance Code Structure, temp--Wind energy. . . Structure, temporary. A structure which is readily movable and used or intended to be used for a period not to exceed ninety (90) consecutive days. Such structure shall be subject to all applicable property development standards for the zone district in which it is located. (2836-6/86) T. Temporary outdoor event. A temporary use of property not exceeding an aggregate of twenty-one (21) calendar days per year, the purpose of which is to conduct a specialized, short-term event such as an art show, fund-raising events, amusement attractions, sporting events and rabies clinics. Public services which benefit the community such as, but not limited to, bloodmobile or chest X ray are included in this category. Any such event if sponsored by a nonprofit organization shall be exempt from the requirements of Article 973. (2836-6/86, 3236-7/94) Tattoo. An indelible mark or figure fixed upon a body by insertion of pigment under the skin or by production of scars. (3236-7/94) Tattooing establishment. Premises used for the business of marking or coloring the skin with tattoos, and all furnishings, equipment, instruments, dyes and inks, and other facilities maintained therein incidental to such use. ,, (3236-7/94) U. Ultimate right-of-way. The adopted maximum width for any street, alley or thoroughfare as established by the general plan; by a precise plan of street, alley or private street alignment; by a recorded parcel map; or by a standard plan of the Department of Public Works. Such thoroughfares shall include any adjacent public easement used as a walkway and/or utility easement. (2836-6/86) Use. The purpose for which land or a building is arranged, designed, or intended, or for which it is occupied or maintained. (2836-6/86) W. Wall or fence. Any structure or device forming a physical barrier. This definition shall include wood, concrete, concrete block, brick, stone or other masonry material. (2836-6/86) Warehouse. A building or the use of a building for storage of goods of any type in any area greater than five hundred (500) square feet and where no retail operation is conducted. (2836-6/86) Waterfront lot. Any lot or portion thereof abutting a navigable waterway such as a bay, cove or channel. (2836-6/86) Wet bar. A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a garbage disposal at a location other than a kitchen or laundry. A wet =bar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wet bar is located in a room or a portion of a room with a stove, hot plate, range, oven or other type kitchen facility, it shall be deemed a separate kitchen. (2836-6/86) Wholesale Use. A business which stores large stocks of goods and sells them in bulk quantities to retail outlets. Sales to the general public do not occur on the site, nor is the location of the business advertised through newspapers, flyers or other media designed to reach the consumer. (3024-12/89) 7/94 Wind Energy Conversion System--Zoning maps Huntington Beach Ordinance Code Wind energy conversion system. A machine which converts the kinetic energy of the wind into a usable form of electrical energy, such as a windmill or turbine. (2836-6/86) Y. Yard. An open, unoccupied space on a lot on which a building is situated and, except where provided in the ordinance code, is completely unobstructed, from the ground to the sky. (2836-6/86) Yard, front. A yard extending across the full width of the lot between the, side lot lines and between the front lot line and either the nearest line of the main building or the nearest line of any enclosed or covered porch. The front lot line shall be deemed to be the existing nearest right-of-way line of the abutting street, road or highway, unless a different right-of-way line for future use shall have been precisely fixed by formal action of the City Council pursuant to law or ordinance. (2836-6/86) Yard, rear. A yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street or is adjacent to or facing a front yard of residentially zoned property, it shall meet front yard requirements of the district; excepting walls and fences and R1 zoned property abutting arterial highways. (2941-7/88) Yard, side. A yard extending from the front yard to the rear yard between the side property line and the nearest line of the main building or any accessory building. (2836-6/86) Z. Zone. A district as defined in the state Conservation and Planning Act shown on the official zoning maps and to which uniform regulations apply. (2836-6/86) Zoning maps. The official zoning maps of the city of Huntington Beach which are a part of the comprehensive zoning ordinance. (2836-6/86) ,l 7/94 Huntington Beach Ordinance Code 9220--9220.1(a) Article 922 COMMERCIAL DISTRICT STANDARDS (730-10/59, 810-1/61, 881-1/62, 917-8/62, 961-6/63, 975-7/63, 995-9/63, 1061-7/64, 1108-1/65, 1140-6/65, 1342-9/67, 1395-3/68, 1480-4/69, 1532-11/69, 1548, 2/70, 1549-2/70, 1602-10/70, 1672-10/71, 1839-7/73, 1860-8/73, 2060-6/76, 2454-10/80, 2503-8/81, 2522-12/81, 2730-11/84, 2765-7/85, 2773-7/85, 2829-5/86, 2957-9/88, 2958-10/88, 2987-3/89, 3063-11/90, 3109-7/91, 3236-7/94) Sections: 9220 General provisions 9220.1 Permitted uses 9220.2 Restricted uses 9220.3 Minimum parcel size/frontage 9220.4 Maximum density/intensity 9220.5 Maximum building height 9220.6 Maximum site coverage 9220.7 Setbacks 9220.8 Fencing 9220.9 Parking, loading-and landscaping 9220.10 Outside uses--Storage and display 9220.11 Game arcades 9220.12 Dancing/live entertainment 9220.13 Hotels/motels 9220.14 Service stations 9220.15 Single Room Occupancy/Living Units 9220 General provisions. These regulations include provisions for several of the commercial districts within the City. The neighborhood commercial (Cl) district is intended to provide for limited commercial development of under one and one-half acres on one corner of the intersection of secondary arterial highways which is compatible with surrounding residential uses. No automotive uses or outside storage is permitted. The community business (C2) district, a more intensive zone, permits all uses within the Cl district and, in addition, permits general retail uses including minor automobile repair and outside storage, subject to specific standards. The highway commercial (C4) district permits all uses included in the other commercial districts as well as hotels and motels. This district is intended to provide tourist facilities for vacation visitors. (2829-5/86) 9220.1 Permitted uses. The following section lists uses permitted in the commercial districts and the applicable approval process for each one. (a) List A - All districts. Initial establishment of use and occupancy for List A uses shall be permitted in the Cl, C2 and C4 districts subject to plan review approval by the Director. In the C1 district, the individual uses shall not exceed thirty-two hundred (3200) square feet. B. Retail bakeries (maximum seating capacity of 12) 7/94 9220.1(a)(B. )- 9220.1(b) (J) Huntington Beach Ordinance Code C. Candy stores D. Drugstores F. Florists H. Hair salons I. Ice cream stores L. Laundromats and tailor shops/dressmaking M. Markets, meats and groceries P. Professional offices R. Restaurants (take-out and dine-in with maximum seating capacity of 12) S. Shoe repair (b) List B - C2, C4 districts. Initial establishment of use and occupancy for List B uses shall be permitted in the C2 and C4 districts subject to plan review approval by the Director. A. Animal grooming; no boarding or outdoor kennels Automotive parts r� B. Bicycle shops Blueprint, copy, and print shops Bookstores and newsstands D. Department and clothing stores Dry cleaning (retail) E. Electronic part supply F. Financial institutions Frozen food lockers (retail) Furniture and appliance stores H. Home improvement, including paint, electrical, plumbing, and hardware supplies Health clubs with less than twenty-five hundred (2500) square feet I. Ice storage, limited to five (5) ton capacity / 1 J. Jewelry stores 7/94 Huntington Beach Ordinance Code 9220.1(b)(M)--9220.1(d) (A) M. Marine supplies Movie theatres Music conservatories N. Nurseries (retail) 0. Office supplies and stationery P. Pet stores Photography studios, equipment and sales R. Repair shops, appliances and electronics only (c) List C - C2 and C4 districts--Use permit. Initial establishment of use and occupancy for List C uses shall be permitted subject to the approval of a use permit by the Zoning Administrator within the C2 and C4 districts. A. Automobile minor repair pursuant to section 9730.58 Automobile, motorcycle, and recreational vehicle sales, including service and repair as an accessory use C. Carwash Clinic with less than 2500 sq. ft. (2957-9/88) G. Game arcades pursuant to section 9220.11 M. Mortuaries 0. Outside uses pursuant to section 9220.10 P. Personal Enrichment Service with less than 2500 sq. ft. (2957-9/8'8) R. Restaurants, including drive-through and dine-in Retail uses and services not specifically listed under (a) or (b) but of a similar nature (d) List D - C2, C4 districts--Conditional use permit. Initial establishment of use and occupancy for List D uses shall be permitted within the C2 and C4 districts (except as specified) subject to the approval of a conditional use permit application by the Planning Commission. Conditional use permits issued shall be nontransferable for the uses below which are preceded by an asterisk. (See Definitions for nontransferable restriction. ) A. *Adult businesses pursuant to Article 975 Alcoholic Beverage Sales pursuant to •Article 963 (2987-3/89) C-1 Animal clinic 7/94 9220.1(d)(D)--9220.6 Huntington Beach Ordinance Code D. *Dancing and/or live entertainment, including dancing for patrons \ under the age of twenty-one (21) pursuant to section 9220.12 F. *Fortunetelling (C4 only) H. Hotels and motels (C4 only, pursuant to section 9220.13) S. Service stations pursuant to section 9220.14 Single room occupancy/Living units pursuant to Section 9220.15 T. Tattoo establishments subject to the locational criteria contained in Article 975, Adult Businesses. (3236-7/94) z U. Unclassified uses pursuant to Article 963 (2829-5/86) 9220.2 Restricted uses. (a) Storage permitted within the commercial districts shall be limited to the accessory storage of retail products sold on the premises. Outside storage and display shall be permitted by use permit pursuant to section 9220.10. (b) A maximum of seven persons may be employed full time in processing or treating retail products, limited to those sold on the premises. This limitation is intended to prohibit all manufacturing uses within commercial districts. (2829-5/86) 9220.3 Minimum parcel size/frontage. District Minimum Lot Size Minimum Frontage C1 20,000 square feet 100 feet C2/C4 10,000 square feet 100 feet C4 20,000 square feet 100 feet (hotel/motel) (2829-5/86) 9220.4 Maximum density/intensity. None. (2829-5/86) 9220.5 Maximum building height. Maximum building height shall be as follows. Roof-mounted mechanical equipment shall not exceed the height listed and shall be screened on all sides by the architectural features of the building. Cl. 20 feet C2/C4 50 feet C4 (hotel/motel) 35 feet (2829-5/86) 9220.6 Maximum site coverage. None. (2829-5/86) J 7/94 Huntington Beach Ordinance Code 9220.7--9220.10 9220.7 Setbacks. Setbacks are as listed below (in feet) except if otherwise designated on the sectional district map. Interior Exterior District Front Side Side • Rear Cl. 50 10 50 10 C2/C4 10 0 10 0 C4 15 5 10 5 (hotel/motel) Exceptions. (a) Where a parcel abuts a residential district, interior side and rear setback requirements listed above shall be increased by a minimum of ten (10) feet. For all uses other than hotels and motels, the setback may be reduced to zero subject to conditional use permit approval by the Planning Commission and provided that the height of the structure is limited to eighteen (18) feet within forty-five (45) feet of the common property line. (b) Projecting canopy structures and other architectural features may extend five (5) feet into the required front and exterior side yard setbacks for the entire width of the building. (c) Telephone booths shall be subject to staff approval as to location for traffic safety purposes. (d) All structures and buildings which are subject to the fifty (50) feet or more setback requirement may encroach up to twenty-five (25) feet if additional landscaping is provided on the basis of one additional foot of landscaping for each one (1) foot of encroachment. The additional landscaping shall be provided along the entire length of the building's encroachment and may be counted toward the requirements of Article 960. The permitted encroachments shall, in addition, be governed by the site angle requirements depicted in Diagram A. (2829-5/86) 9220.8 Fencing. Fencing shall comply with the standards outlined in Article 977. (2829-5/86) 9220.9 Parking, loading and landscaping. All developments shall comply with the standards outlined in Article 960. (2829-5/86, 3063-11/90) 9220.10 Outside uses--Storage and display. The following regulations shall govern all outside storage and display within the C2 and C4 districts. No outside storage or display shall be permitted within the C1 district. The intent of this section is to limit the type of buildings and display items permitted within and behind the required front and exterior side yard setbacks and to establish comprehensive guidelines for the review of all such requests. The Director shall consider the following issues in evaluating a plan review application for outside uses: the intended duration, location, and amount of display area; the method of display or storage; the provisions for off-street 7/94 9220.10--9220.11(a) Huntington Beach Ordinance Code parking and landscaping; vehicular and pedestrian visibility at driveway access points; and the guarantee of removal and cleanup if the use is temporary. (a) The following items may be permitted adjacent to a commercial building within the required setback areas. Those items greater than six (6) feet in height shall be subject to the site angle requirements depicted in Diagram A. (1) The display of a maximum of ten (10) new tires. (2) Merchandise offered in conjunction with approved temporary outdoor events such as grand openings, anniversary sales, or an ownership change. Such promotional activities may not exceed thirty (30) days. (3) Auto, truck, motorcycle, boat, or recreational vehicle sales provided that a three (3) foot wide landscaping strip is provided along all street frontages in addition to that which is required by Article 960. A landscaping plan shall be submitted for approval by the departments of Community Development and Public Works in order to assure adequate pedestrian access and compliance with adopted landscape standards— (4) Nursery display including plants, new garden equipment, or trailer rentals subject to the same landscaping standards as required above for automobile sales. (5) Newspaper racks, reverse vending machines. (2958-10/88) (6) Collection containers for charitable organizations such as Goodwill or recycling provided they shall not be placed on vacant lots nor exceed 500 square feet including any required attendant parking space. (2958-10/88) (b) The following items may be permitted on a commercial site behind all required setback areas if screened from view on all sides by (1) a minimum six foot high decorative masonry wall or a building, and (2) landscaping. (1) Rental equipment (2) Patio furniture (3) Masonry items, including brick, cement, stone (4) Lumber or fertilizer provided they are •limited in height to that of the adjacent screening wall. (2829-5/86, 2958-10/88) 9220.11 Game arcades. Game arcades shall be permitted in the C2 and C4 districts subject to the approval of a use permit by .the Zoning Administrator and conformance to the following standards: (a) Bicycle racks or a special bicycle parking area shall be provided to J eliminate obstruction of mthe public sidewalk and building entry. 7/94 Huntington Beach Ordinance Code 9220.11(b)--9220.13(e) (b) Buffers shall be required as outlined in section 9220.12(c) . (c) The facility shall be situated in a commercial area at an intersection with a traffic signal, and shall not be located closer than one-half mile by the shortest walking distance to any elementary, junior or senior high school. (d) Hours of operation shall be established by the Planning Commission. (e) One supervisory employee eighteen (18) years or older shall be in attendance during operating hours. (2829-5/86) 9220.12 Dancing/live entertainment. Adult dancing and/or live entertain- ment as a primary or secondary use, and dancing for patrons under the age of twenty-one (21) shall be permitted in the C2 and C4 districts subject to the approval of a conditional use permit by the Planning Commission and conformance to the following standards: (a) The use shall comply with any applicable provisions of the Huntington Beach Municipal Code, including Chapter 5.28, Dance Halls, Chapter 5.44, Restaurants--Amusement and Entertainment Premises, Chapter 5.70, Adult Entertainment Businesses, and Chapter 8.40, Noises. (b) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided to eliminate obstruction of the public sidewalk and building entry. (c) Buffers to provide separation between the use and adjacent residentially zoned or general planned property shall be provided in order to ensure effective protection from noise, trash, and other potential nuisances. Buffers may include other buildings, arterial streets, and permanent open space as defined in this code. Block walls shall not be considered buffers. (2829-5/86) 9220.13 Hotels/motels. Hotels and motels shall be permitted in the C4 district subject to the approval of a conditional use permit by the Planning Commission and conformance to the following standards: (a) Hotels and motels shall be located and take access from arterial highway. (b) A passive or active outdoor recreational amenity shall be ,provided for the use of all guests subject to approval by the Planning Commission. (c) A minimum of ten (10%) percent of the site shall be landscaped and a minimum fifteen (15) foot wide landscaped planter shall be provided at all streetside property dines. (d) Such use shall provide transient occupancy to overnight guests for a maximum period of thirty (30) consecutive days and for a minimum daily stay. (e) Such use shall comply with any applicable provisions of the Huntington Beach Ordinance Code. (2829-5/86) 7/94 9220.14--9220.14(d)(3) Huntington Beach Ordinance Code 9220.14 Service stations. Service station uses warrant separate considera- tion because they tend to have specialized problems which require the regula- tion of location and design in order to protect the health, safety and general welfare of the community. These concerns include potential traffic hazards, the unenclosed nature of the use, distinctive physical appearance, hours of operation, noxious odors, noise, and the danger to life and property due to the storage of flammable and explosive materials. (a) Locational criteria. The Planning Commission shall consider the following criteria when evaluating a proposed conditional use permit: (1) The site shall be at the intersection of .arterial highways or adjacent to a freeway off-ramp. A site at the intersection of a secondary arterial and any other highway may be permitted if two (2) of the remaining corners are zoned and general planned for commercial uses. (2) The site's proximity to other service stations or businesses associated with flammable materials. (3) The site's proximity to residences, schools, hospitals, churches, theaters, parks, and other places of public assembly. (4) Potential adverse impacts on traffic circulation and pedestrian safety the proposed use would have on abutting streets. (b) Prohibited uses. (1) Automobile repair shall be limited to minor repair as defined in this code. (c) Minimum parcel size and frontage. (1) The minimum lot size shall be 22,500 square feet. (2) The minimum frontage on any arterial highway shall be one hundred and fifty (150) feet. (d) Accessory uses. The accessory uses listed below shall be permitted as included on the approved site plan. Such uses shall be subordinate to the main operation and shall not impede safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential customers. Such uses shall be included as part of the initial conditional use permit request or shall be subject to new entitlement if proposed after the initial application has been filed. (1) Convenience markets in conjunction with gasoline sales shall be permitted provided no automotive repair or, truck or trailer rental shall be 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) Vending machines provided they are placed entirely within the main building. 7/94 Huntington Beach Ordinance Code 9220.14(4)--9220.14(f) (5) (4) Tire storage provided such use is limited to a single storage structure compatible with the architecture of the building and limited in size to eight (8) feet high by sixteen (16) feet long. The location shall be behind required streetside setbacks, either adjacent to the building or on an interior property line. Outside display of any other type of merchandise shall be prohibited. (5) Outside activities shall be limited to the dispensing of gasoline, oil, water, and minor accessory parts such as fan belts and wiper blades. Outside storage of motor vehicles shall be prohibited except as provided for truck rentals below. Outside storage shall mean the parking of a motor vehicle outside for a period in excess of twenty-four (24) hours, or, if the vehicle is being serviced, in excess of seven (7) days. (6) Truck and utility trailer rental provided they do not exceed twenty-five (25) feet in length, and are stored a minimum of fifty (50) feet from exterior property lines. (e) Setbacks. Building setbacks shall conform to the regulations stated for the district in which the site is located or as specified on the sectional district maps for the site itself. Pump islands and canopy structures shall maintain the following setbacks from exterior property lines: Pump island: 15 feet Canopy: 7 feet with ground clearance of 12 feet above centerline of the adjacent street (f) Design standards. The following standards are intended to encourage a safe and efficient site layout and aesthetically pleasing architecture and landscaping. (1) In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. Service stations shall be designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the general neighborhood. (2) The location, number, and design of driveways as well as on and off-site traffic circulation impacts shall be analyzed. (3) Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties. A maximum of three (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 a pleasing appearance with no negative impact on surrounding uses. (5) A minimum of ten (10%) percent of the site shall be landscaped. Landscaping plans shall conform to all applicable provisions of Article 960, as well as conform to the following requirements: 7/94 9220.14(f)(5)(i)--9220.15(a) (1) Huntington Beach Ordinance Code (i) A three (3) foot wide planter (inside dimension) along interior property lines shall be provided, except at vehicular circulation openings. Additional landscaping may be required to effectively screen service bays from surrounding properties. (ii) A six hundred (600) square foot planter with a minimum dimension of twenty (20) feet shall be provided at the corner of intersecting streets. (iii) A total of seventy (70) square feet of planting area shall be located adjacent to and on the streetside of the main building. (g) Nonconforming service stations. Plans to substantially alter or modernize existing service stations shall be subject to the approval of a new conditional use permit and conformance with all current code requirements. The reduced requirements outlined below shall apply to existing nonconforming service stations which shall meet all such standards by December 16, 1977. (1) A minimum of six (6%) percent of the site shall be landscaped. Such plans shall conform to all applicable provisions of Article 960, Off-street Parking and Landscaping. (2) Where feasible, a minimum three (3) foot wide landscape planter (inside dimension) shall be provided along streetside property lines. (3) A landscaped planter shall be provided at the corner of the two intersecting streets. (4) Where regulations for the placement of planters would impede circulation or access, landscaping shall be placed elsewhere on the property to meet the minimum requirement. (5) Trees shall be provided for the planters at a rate of one thirty inch box tree per forty-five (45) feet (or fraction thereof) of planter length. (6) All freestanding and attached signs shall be altered or removed in order to comply with the provisions of the sign code. Service stations which were in conformance with all sign provisions in effect on June 16, 1979 shall not be required to come into, conformance with any newly adopted standards. Service station signs which were not in conformance with applicable requirements on this date shall be required to be brought into conformance with all provisions of the sign code as it exists or may hereinafter be amended. (2829-5/86) 9220.15 Single room occupancy/Living units. Single room occupancy/Living units shall comply with the following requirements: (3109-7/91) (a) General provisions. (3109-7/91) (1) All projects shall comply with the most recently adopted City Building, Plumbing, Mechanical; Electrical, Fire, and Housing Codes. (3109-7/91) 7/94 Huntington Beach Ordinance Code 9220.15(a)(2)--9220.15(b) (4) (1) (2) No more than one (1) person shall be permitted to reside in any unit which is less than two hundred twenty (220) square feet in size. (3109-7/91) (3) No more than two (2) persons shall be permitted to. reside in any unit, excluding the manager's unit. (3109-7/91) (4) A Management Plan shall be submitted for review and approval with the Conditional Use Permit (CUP) application. The Management Plan shall contain management policies, operations, emergency procedures, security program including video cameras monitoring building access points, rental procedures and proposed rates, maintenance plans, and staffing needs, and tenant mix, selection and regulations. . (3109-7/91) (5) An on-site, twenty-four (24) hour manager is requried 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 220 square feet in size. (3109-7/91) (6) Rental procedures shall allow for both weekly and monthly tenancies only; deposit requirements shall be specified for each type of tenancy. (3109-7/91) (7) 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. (3109-7/91) (8) Each SRO project shall be subject to annual review by the City which includes the review of management services. The SRO project owner shall be responsible for filing an annual report to the Department of Community Development which includes the range of monthly rents, the monthly income of residents, occupancy rates, and the number of vehicles owned by residents. (3109-7/91) (9) 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. (3109-7/91) (b) Unit requirements. (3109-7/91) (1) Minimum unit size shall be one hundred seventy (170) 'square feet. (3109-7/91) (2) Maximum unit size shall be four hundred (400) square feet. (3109-7/91) (3) The average size of all living units within the project shall not exceed two hundred seventy five (275) square feet. (3109-7/91) (4) Each unit shall contain,a kitchen and bathroom. (3109-7/91) (i) Kitchens shall contain a sink with garbage disposal, counter top (71 (minimum 16" x 24"), refrigerator, and stove or microwave oven. (310977/91) 7/94 9220.15(b)(4) (ii)--9220.15(c) (7) Huntington Beach Ordinance Code (ii) If stoves are not provided in each unit, then stoves shall be provided in a common kitchen area(s) . (3109-7/91) (iii) Bathrooms shall contain a lavatory, toilet, and shower or bathtub. (3109-7/91) (5) Each unit shall have a minimum forty-eight (48) cubic feet of closet/storage space. (3109-7/91) (c) Project requirements. (3109-7/91) (1) Common recreational space shall be provided in each project as follows: (3109-7/91) ` (i) Minimum common recreational space shall be four hundred (400) square feet. (3109-7/91) (ii) For projects exceeding thirty (30) units in size, additional square footage is required as follows: (3109-7/91) Units less than 220 square feet - 10 square feet/unit over 30 (3109-7/91) Units 220 square feet of greater - 15 square feet/unit over 30 (3109-7/91) (iii) Common recreational space may be indoor or outdoor provided. there is at least forty (40%) percent allotted toward indoor space and forty (40%) percent outdoor space; the balance may be either indoors or outdoors. (3109-7/91) (iv) Common recreation 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. (3109-7/91) (2) A single controlled entryway for routine ingress and egress shall be situated adjacent to and in full view of the manager's desk. (3109-7/91) (3) A mailbox shall be provided for each unit. (3109-7/91) (4) Handicap access facilities shall be as required by applicable state or local law. (3109-7/91) (5) At least one handicapped-accessible unit shall bq required for every twenty (20) units. (3109-7/91) (6) 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. (3109-7/91) (7) 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. (3109-7/91) 7/94 Huntington Beach Ordinance Code 9220.15(c)(8)--9220.15(c)(12) (8) Storage Lockers (3109-7/91) (i) Storage lockers shall be provided in a secured area. (3109-7/91) (ii) The cumulative total of locker space shall be no less than a ratio of ten (10) cubic feet per unit. (3109-7/91) (9) All common indoor space areas shall have posted in a conspicuous location a notice from the City's Department of Community Development regarding contact procedures to investigate housing code violations. (3109-7/91) (10) Bicycle stalls shall be provided at a minimum of one (1) stall per ten (10) units in a secured and enclosed area. (3109-7/91) (11) Trash disposal chutes as well as a centralized trash area shall be provided on all multi-story project. (12) A minimum of two (2) pay telephones shall be provided in the lobby area. The telephone service shall only allow outgoing calls. (3109-7/91) 7/94 SITE ANGLE REQUIREMENTS DIAGRAM A 18° 18° 28° 2 so {:ti:• O 280 8 1 I I +tr4 f � t} } h a i 16 0 0 280 5 0, 18° NOTE: TYPICAL LOTS IN COMMERCIAL RESICE`JTIP DISTRICTS ° { :.a ',. :` ` DISTRICT 0 MERCHANDISE LESS THAN 6 FT. IN HEIGHT. 25' MERCHANDISE OVER 6FT. IN HEIGHT. 28° 25� ® BUILDING ENCROACHMENT f INTO THE REQUIRED SETBACK (25 FT. MAXIMUM) t Huntington Beach Ordinance Code 9080 Article 908 DEFINITIONS (495-6/46, 556-2/50, 596-5/53, 1103-1 /65, 1241-9/66, 1261-11/66, 1366-1 /68, 1469-3/69, 1566-5/70, 1672-10/71 , 1673-12/71 , 1752-10/72, 1753-7/72, 1769-9/72, 1799-1 /73, 1852-7/73, 1928-9/74, 2115-11/76, 2127-12/76, 2217-10/77, 2221-11/77, 2273-5/78, 23407-2/79, 2429-6/80, 2487-6/81 , 2539-3/82, 2588-1 /83, 2618-6/83, 2632-8/83, 2772-7/85, 2773-7/85, 2780-9/85, 2936-4/86, 2941-7/88, 2836-6/86, 2957-9/88, 3024-12/89, 3108-7/91 , 3152-7/92, 3224-2/94) Sections- 9080 Definitions A Accessory building Accessory use Adult business Alley Animal clinic Antenna, satellite dish Apartment Architectural projections or Appurtenances Arterial Attached units Auction Automobile/vehicle repair Automobile storage or parking space Automobile storage yard Automobile wrecking B Basement Bed and Breakfast Inn Bedroom Block Boarding or rooming house Building Building height Building, site Building, main Business or commerce C Child day care facility Carport Church City Clinic Club Commercial recreation use Commercial vehicle Commission Compensation Community apartment project Condominium Convenience Market D Density bonus Director Disposal service operation 2/94 d ; 9080 Huntington Beach Ordinance Code c District Dry cleaning agency _ 4 Dwelling Dwelling, multiple unit Dwelling, single unit Dwelling, Second Unit Dwelling, Studio Unit Dwelling unit E Educational institution Erected Equestrian Equine F Family Fast Food Restaurant Final approval Final environmental evaluation G Game arcade Garage, private General plan Grade Gross acreage Gross floor area Gross site area H Health club Hedge Home occupation Horticulture Hospital Hostel Hotel I Indoor Swap Meet/Flea Market Industrial use J Junk, wrecking, dismantling or salvage yards K Kennel Kitchen L Landscaping Laundry Line of sight Liquor store Living Unit Loading space Local street Lot Lot area Lot depth Lot frontage Lot line Lot line, front Lot line, interior Lot line, rear Lot, reverse corner Lot, through Lot, Width M Mobilehome/manufactured home Mobilehome accessory structure 2/94 " n Huntington Beach Ordinance Code 9080 Mobilehome lot or space Mobilehome park Model Home Motel Motor vehicle Maximum wind energy conversion system height N Net site area Nonconforming building Nonconforming parcel Nonconforming use Nontransferable conditional use permit 0 Occupancy, change of Occupied Open or public land Open space Oversize vehicles Overspeed control P Parking structure Person Personal Enrichment Services Permanent open space Place of public assembly Planned residential development Private street R Recreational vehicle park Recreational vehicle Recreation space Rental unit Residence Restaurant Retail store Retaining wall S Senior citizen housing Service station Service station, idle School Setback line, front yard Setback line, side or rear yard Single Room Occupancy (SRO) Site Site coverage Site plan Stable, commercial Stock cooperative Story Street Street line Structure Structural alteration Structure, temporary T Temporary outdoor event U Ultimate right-of-way Use W Wall or fence 2/94 f a 9080--Arterial Huntington Beach Ordinance Code Warehouse Waterfront lot r� Wet bar Wholesale use Wind energy conversion system Y Yard Yard, front Yard, rear Yard, side Z Zone Zoning district maps 9080 Definitions. Words and phrases wherever used in this division shall be construed as defined in this article unless the content clearly indicates otherwise. When not inconsistent with the context, words used in the present tense include the future tense; words used in the singular number include the plural number; and words of the masculine gender include the feminine and neuter gender. The word "shall " is always mandatory and the word "may" is permissive. (2836-6/86) A. Accessory building. A detached building on the same site as a main building, the use of which is incidental to that of the main building, and which is used exclusively by the occupants of the main building. (2836-6/86) Accessory use. A use customarily incidental and accessory to the principal use of a lot or a building located upon the same site. (2836-6/86) Adult business. A business as defined in Article 975. (2836-6/86) Alley. A public or private thoroughfare, permanently reserved which affords a secondary means of access to abutting property. (2836-6/86) Animal clinic. A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Kennel uses shall be incidental to such hospital use and limited -to short-time boarding for medical purposes . (2836-6/86) Antenna, satellite dish. An apparatus capable of receiving communications from a transmitter or transmitter relay located in planetary orbit. (2836-6/86) Apartment. A room or suite of two (2) or more rooms in a multiple family dwelling occupied or suitable as a residence for one (1 ) family. (2386-6/86) Architectural projections or appurtenances. Features on buildings which provide visual variation and/or relief but do not serve as interior or exterior living or working space. (3024-12/89) Arterial . Any street, highway or road designed as an arterial in the general plan circulation element. (2836-6/86) 2/94 Huntington Beach Ordinance Code Attached Units--Bedroom Attached units. Separate residential or commercial units sharing one or more common walls but with no common interior space. (2836-6/86) Auction. The sale of new and used merchandise offered to bidders by an auctioneer for compensation. (2836-6/86) Automobile/vehicle repair. A retail and service business engaged in the following activities: (3024-12/89) (a) Minor repair. Light repair and sale of goods and services for vehicles including brake, muffler, tire shops, oil and lube and their accessory uses, but not including any of the activities listed below as major repair. (3024-12/89) 4 (b) Major repair: Heavy automotive/vehicle repair including but not limited to transmission, battery, radiator, and engine repair or overhaul ; welding; turning brake drums; steam cleaning, body and fender work; painting; and upholstery. (2836-6/86, 3024-12/89) Automobile storage space or parking space. A permanently maintained, privately-owned space on the same site as the use it is intended to serve and located and arranged to permit the readily accessible temporary storage of an average size automobile under its own power. Such space shall be exclusive of driveways, walks, ramps and columns. (2836-6/86) Automobile storage yard. A storage yard for motor vehicles whether impounded or not on any portion of a lot. This definition shall not include any dismantling, wrecking or repair of any vehicle. (2836-6/86) Automobile wrecking. The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts outside of an enclosed building, but not including the incidental storage of vehicles in connection with a repair shop provided the storage period of any one vehicle does not exceed sixty (60) days. (2836-6/86) B. Basement. A story partly underground and having at least one-half its height below the average adjoining grade as measured from the floor to the finished ceiling. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its finished ceiling is over five (5) feet. (2836-6/86) Bed and Breakfast Inn. A residential dwelling in which rooms are rented to paying guests on an overnight basis with breakfast served daily, the entire service to be for one stated price for a total period of time not to exceed 14 days during any consecutive 90-day period. Bed and Breakfast Inn does not include rest homes , convalescent homes, hotels, motels or boarding houses. (2957-9/88) Bedroom. Any room which meets the minimum requirements of the building code -for a habitable room, which is constructed in such a manner that less than 50 percent of one wall is open to an adjacent room or hallway and which can be readily used for private sleeping purposes shall be counted as a bedroom in order to determine the parking areas or other 2/94 f Bedroom--Child day care facility(b) Huntington Beach Ordinance Code requirements. Exceptions to this definition shall be those rooms which regularly make up a standard dwelling unit such as one kitchen, living, family or recreation room and dining room, and the customary sanitary facilities. (2836-6/86) Block. The real property abutting the side of a street between two consecutive cross streets or between a city limit line and the nearest cross street. (2836-6/86) Boarding or rooming house. A building where lodging and meals are provided for a minimum of six (6) , but not more than fifteen (15) persons, not including rest homes . (2836-6/86) Building. Any structure that is completely roofed and enclosed on all sides or supported by columns and which is built and maintained for the support, shelter, or enclosure of persons, animals , chattels, or property of any kind. (2836-6/86) Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to a deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: (3152-7/92) (1 ) The elevation of the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance of the exterior wall of the building when such a sidewalk or ground surface is not more than four (4) feet above the lowest grade. (3152-7/92) (2) An elevation four (4) feet higher than the lowest grade when the sidewalk or ground surface described in (1 ) above is more than four (4) feet above lowest grade. (2836-6/86, 2846-8/86, 3152-7/92) For the Single Family Residential District (R1 ) only, building height shall be as defined in Section 9110.4. (3152-7/92) i Building site. The ground area occupied or to be occupied by a building together with all yards and open spaces adjacent thereto. (2836-6/86) Building, main. A building in which the principal use of the lot is conducted. In a residential district, any dwelling shall be deemed to be a main building. (2836-6/86) Business or commerce. The purchase, sale, or other transaction involving the handling or disposition of any article, substance, or commodity for profit or livelihood; or the ownership or management of offices, recreational or amusement enterprises; or the maintenance and use of office by professions and service trades. (2836-6/86) Child day care facility. A facility which provides nonmedical care to children under eighteen (18) years of age in need of supervision on less than twenty-four (24) hour basis. Child day care facilities include: (3024-12/89) (a) Small Family Day Care Home. A single family residence in which care is provided to six (6) or fewer children. (3024-12/89) 2/94 Huntington Beach Ordinance Code Child day care facility--Convenience market (b) Large Family Day Care Home. A single family residence in which care is provided to seven (7) to twelve (12) children. (3024-12/89) (c) Day Care Center. Any child day care facility other than family day care home and includes infant centers, preschools, extended day care facilities. (3024-12/89) Carport. A permanent roofed accessory structure with not more than two (2) enclosed sides which is intended for automobile storage for the occupants of the premises. (2836-6/86) Church. A permanently located building commonly used for religious worship and conforming to applicable requirements for design and construction. (2836-6/86) , City. The city of Huntington Beach, California. (2836-6/86) Clinic. A place used for the care, diagnosis and treatment of sick, infirm or injured persons and those in need of medical or surgical attention, but which does not provide room and board or permit persons to stay on the premises overnight. (2836-6/86) Club. A nonprofit association for persons who are bona fide members, and pay regular dues, which is organized for some common purpose, but not including a group primarily organized to provide a commercial service or enterprise. (2836-6/86) Commercial recreation use. Any recreational facility operated as a business and open to the general public. (2836-6/86) Commercial vehicle. Any motorized or non-motorized vehicle used or maintained to transport property for profit, or persons for hire or compensation. (2836-6/86) Commission. The Huntington Beach Planning Commission. (2836-6/86) Compensation. The word "compensation" means anything of value. (2836-6/86) Community apartment project. A project in which an individual interest in the land is coupled with the right exclusively to occupy an individual unit. (2836-6/86) Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential , commercial , or industrial building on such real property, such as an apartment, office or store. A condominium may include a separate interest in other portions of such real property. The duration of the estate may be an estate of inheritance or perpetual estate, an estate for life, or an estate for years such as a leasehold or subleasehold. (2836-6/86) Convenience market. A retail use in conjunction with gasoline sales in which the sales room exceeds two-hundred (200) square feet. (3024-12/89) 2/94 y r Density Bonus--Erected Huntington Beach Ordinance Code D. Density bonus. A density increase over the otherwise maximum residential density allowable by the zoning code and general plan. A 1 density bonus may be processed only for a housing development on a lot which is allowed five (5) or more dwelling units prior to a density bonus. (3024-12/89) Director. The Director of Community Development for the city of Huntington Beach or a duly authorized representative. (2836-6/86) Disposal service operation. Any area for the storage and maintenance of vehicles and equipment used in the collection, transportation, and removal of garbage and rubbish, but not including storage or dumping of the garbage and rubbish. (2836-6/86) District. Any classified area shown by specific designation on the zoning maps which are a part of the ordinance code. (2836-6/86) Dry cleaning agency. A commercial use in which the cleaning of clothes is incidental to a laundry or coin-operated dry cleaning service and which uses nonvolatile materials. (2836-6/86) Dwelling. A building or portion thereof designed and occupied exclusively for residential purposes including single-unit and multiple-unit dwellings , --but not including hotels or boarding houses. (2836-6/86, 3024-12/89) Dwelling, multiple unit. A building or buildings designed with two (2) or more dwelling units . (2836-6/86, 3024-12/89) Dwelling, single unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single family dwellings shall be considered as multi-family. (2836-6/86, 3024-12/89) Dwelling, second unit. A fully equipped dwelling unit which is ancillary and subordinate to a principle dwelling unit located on the same lot in the RI zone. (3024-12/89) Dwelling, studio unit. A dwelling unit consisting of one (1 ) kitchen, one (1 ) bathroom, and one (1 ) combination living room and sleeping room. The gross floor area shall not exceed 500 square feet or it shall be considered as a one bedroom unit. Also known as a single, a bachelor, or an efficiency unit. (3024-12/89) Dwelling Unit. One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. (3024-12/89) E. Educational institution. Any school , college or university providing general instruction as determined by the California State Board of Education. (2836-6/86) Erected. The word "erected" includes built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations required prior to building. (2836-6/86) 2/94 Huntington Beach Ordinance Code Equestrian--Gross floor area Equestrian. That which pertains to horses or horseback riders . (2836-6/86) Equine. A horse, mule, pony, jackass, and other quadripeds of the genus equus. (2836-6/86) F. Family. Two or more persons living together in a dwelling unit, sharing common cooking facilities , and possessing the character of a relatively permanent single bona fide housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bond of social , economic and psychological commitment to each other, as distinguished from a group occupying a boardinghouse, club, dormitory, fraternity, hotel , lodging house, motel , rehabilitation center, rest home or sorority. (2836-6/86) Fast-food restaurant. Any commercial establishment serving food or drinks which encourages consumption at home or on other premises . (2836-6/86) Final approval . Ten (10) days after approval by the discretionary body and no appeal of that decision has been filed. (3024-12/89) Final environmental evaluation. That point in time prior to the decision on an entitlement for a project where an environmental assessment and a recommended action have been provided to the discretionary body. Dates shall be determined as follows: Exempt projects: Date of application acceptance. Negative declaration: Expiration date of the required posting period. Environmental impact report: The date when public hearings on the project are concluded. (2836-6/86) G. Game arcade. Any place of business with more than four (4) commercially-operated amusement devices. (2836-6/86) Garage, private. An accessory building or a portion of a main building used for the storage of self-propelled vehicles of not more than one-ton rated capacity and other goods owned or operated by the occupants of the main building and where there is no service or storage for compensation. (2836-6/86) General plan. The general plan map and text for Huntington Beach adopted by the City Council . (2836-6/86) Grade. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project by this code, includes natural grade. (3024-12/89) Gross acreage. The area computed within all of the exterior property lines of a proposed development including the area to the center line of any abutting streets. (2836-6/86) Gross floor area. The total area of each floor within the building exterior walls . (3024-12/89) 2/94 1 Gross site area--Laundry Huntington Beach Ordinance Code ' Gross site area. The area computed within the lot lines of a parcel of land before public streets , easements, or other areas to be dedicated or reserved for public use have been deducted. (2836-6/86) H. Health club. A commercial or private health center providing opportunities for recreational and physical fitness activities such as, but not limited to, handball , racquetball , weight training and dance exercises. (2836-6/86) Hedge. A plant or series of plants, shrubs or other landscape material so arranged as to form a physical barrier or enclosure. (3024-12/89) Home occupation. A business use incidental and secondary to the principal use of a residential dwelling, subject to the standards outlined in this division. (2836-6/86) Horticulture. The science and art of growing fruits, vegetables, flowers, vines , trees , or field crops for wholesale purposes . (2836-6/86) Hospital . An institution for the diagnosis, care and treatment of human illnesses. (2836-6/86) Hostel . A supervised, inexpensive lodging for use by youth. See Hotel . (3024-12/89) Hotel . A building designed for or occupied as a temporary abiding place for individuals who are lodged with or without meals in which there are six (6) or more guest rooms and in which no provision for cooking is made in any individual suite. (2836-6/86) /1 I. Indoor Swap Meet/Flea Market. An occasional , periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. (3224-2/94) Industrial use. The manufacture, assembly, storage or wholesale distribution of a product. (3024-12/89) J. Junk, wrecking dismantling or salvage yards. The use of one hundred (100) or more square feet of any parcel of land for outside storage, wrecking or dismantling of any used materials, including but not limited to lumber, auto parts, household appliances, pipe, drums , machinery or furniture. (2836-6/86) K. Kennel . A use in which four (4) or more dogs or cats over four (4) months of age are kept on any lot for any purpose. (2836-6/86) Kitchen. Any room or portion thereof containing facilities designed or used for the preparation of food including a sink and stove, oven, range and/or hot plate. Kitchen shall not include a wet bar. (2836-6/86) L. Landscaping. The planting and continued maintenance of suitable plant materials and which includes an adequate irrigation system. (2836-6/76) Laundry. A building or portion of a building where clothing and fabrics are washed. (2836-6/86) 2/94 Huntington Beach Ordinance Code Line of sight--Lot line, rear Line of sight. A visual path emanating from an average eye level adjudged to be five (5) feet above ground level . (2836-6/86) Liquor store. Any establishment in which the primary use is to offer any alcoholic beverage for retail sale for consumption off-premises'. Living unit. A unit within a Single Room Occupancy suited to accommodate up to two (2) persons. (3108-7/91 ) Loading space. An off-street space for the temporary parking of commercial vehicles while loading or unloading and which has a permanent means of access. (2836-6/86) Local street. A low-speed, low-volume thoroughfare used primarily for access to abutting residential or other properties. A local street has on-street parking and a significant amount of pedestrian traffic. (2836-6/86) Lot. Any numbered or lettered parcel shown on a recorded tract map, a record of survey pursuant to an approved division of land, or a parcel map. A lot includes any area of land under one ownership abutting upon at least one street, alley or recorded easement. (2836-6/86) Lot area. See net site area. (2836-6/86) Lot depth. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. (2836-6/86) Lot frontage. The linear length of a lot measured along the property line adjacent to a street or easement. Lot line. Any line bounding a lot. "Property line" means the same as "lot line." (2836-6/86) Lot line, front. On an interior lot, the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot, or a lot with three or more sides abutting a street, or a corner or reverse corner lot with lot lines of equal length, the Director shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this division. On a private street or easement, the front lot line shall be designed as the edge of the easement. (2836-6/86) Lot line, interior. A lot line not abutting a street. (2836-6/86) Lot line, rear. A lot line not abutting a street which is opposite and most distant from the front lot line; in the case of an irregularly shaped lot, a line within the lot, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot lines. (2836-6/86) 2/94 a t Lot, reverse corner--Model home Huntington Beach Ordinance Code Lot, reverse corner. A corner lot, the side line- of which is substantially a continuation of the front lot lines of the lot to its ,f rear, whether across an alley or not. (2836-6/86) Lot, through. A lot having frontage on two dedicated parallel or approximately parallel streets. (2836-6/86) Lot width. Lot width shall be calculated as indicated for the following types of lots: (a) Rectangular lot shall be measured along a line equidistant to and twenty (20) feet from the front property line. (b) Cul-de-sac and knuckle lots shall be measured twenty (20) feet from the front property line along a line perpendicular to the bisector of the front property line. (c) Cul-de-sac lots siding on another street, channel , or similar properties shall be measured along a line perpendicular to the interior side property line and twenty (20) feet from the front line property line. (2836-6/86) M. Mobilehome/manufactured home. A structure transportable in sections which is a minimum of eight (8) feet in width, forty (40) feet in length, and which when erected is a minimum of three-hundred and twenty (320) square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. Manufactured home includes a mobilehome subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. sections 5401 et seq. ) . Any structure not meeting the requirements of this definition except for size requirements shall be deemed a mobilehome/manufactured home provided the manufacturer voluntarily files certification and complies with these provisions. (2836-6/86) Mobilehome accessory structure. A subordinate building located on a mobilehome space or lot, the use of which is incidental to that of the main dwelling. (2836-6/86) Mobilehome lot or space. An improved plot within a mobilehome park which is designated for the occupancy of a mobilehome. (2836-6/86) Mobilehome park. Any area or tract of land where mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation. The rental fee paid shall be deemed to include rental for the lot the mobilehome occupies. (2836-6/86) Model home. A dwelling or residential building intended to be temporarily utilized as an example of the dwellings which have been or are proposed to be built within the same subdivision. Such building shall be constructed upon a lot previously designated as a model home site in the approved site plan, and in a subdivision for which a final map will be recorded. (2836-6/86) 2/94 Huntington Beach Ordinance Code Motel--Open or public land Motel . A building containing guest rooms designed or used primarily for the accommodation of transient automobile travelers and which has sleeping rooms with direct outside access and conveniently located parking spaces. A maximum twenty-five (25%) percent of such sleeping units may have kitchens. (2836-6/86) Motor vehicle. A self-propelled device used or intended for the transportation of passengers or freight upon streets or highways. (2836-6/86) Maximum wind energy conversion system height. The height of the tower and furthest vertical extension of the rotor measured from grade. (2836-6/86) N. Net site area. The total horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress. (2836-6/86) Nonconforming building. Any building or structure or portion thereof which was legal when established, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nonconforming parcel . Any lot or parcel which was legal when created, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nonconforming use. Any use of land, buildings or a portion thereof which was legal when established, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nontransferable conditional use permit. A conditional use permit which may not be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; except that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit. In such cases, the permit shall be placed in the name of the surviving partners after notifying the Director of Community Development. A conditional use permit issued to a corporation shall be deemed terminated and void when any outstanding stock of the corporation is sold, transferred or assigned after the issuance of the permit; or any stock which is authorized but not issued at the time of permit approval is thereafter issued, sold, transferred or assigned. (2836-6/86) 0. Occupancy, change of. A discontinuance of an existing use and a substitution of another use of a different kind or class. (2836-6/86) Occupied. Includes used, arranged, converted to, rented, leased, or intended to be occupied. (2836-6/86) 2/94 Open or public land--Private street Huntington Beach Ordinance Code Open or public land. Public parks , waterways, school sites, flood or electric line rights-of-way or easements. (2836-6/86) Open space. Any part of a lot or parcel unobstructed from the ground upward, excepting architectural features extending no more than thirty (30) inches from the structure and excluding any area of the site devoted to driveways and other parking areas. (2836-6/86) Oversize vehicles. Any vehicle which exceeds twenty-five (25) feet in length, seven (7) feet in width, or seven (7) feet in height, motorized or nonmotorized. Oversize vehicles include, but are not limited to trucks , buses , truck tractors, trailers, campers, and recreational vehicles, as well as any equipment or machinery regardless of size. (2836-6/86) Overspeed control . A mechanism used to limit the speed of blade rotation to within the design constraints of the wind energy conversion system. (2836-6/86) P. Parking structure. A structure used for parking of vehicles where parking spaces, turning ratio, and drive aisles are incorporated within the structure. (3024-12/89) Person. The word "person" includes association, company, firm, corporation, partnership-; copartnership or joint venture. (2836-6/86) Personal Enrichment Services. Provision of instructional services or facilities, including but not limited to, fine arts, crafts, dance or music studios, driving schools, and bush;?ss or trade schools except those leading to a degree as defined by the State of California Education Code. (2957-9/88) Permanent open space. The phrase shall include golf courses, park sites, public utility easements, flood control rights-of-way a minimum of one hundred (100) feet in clear width; and for the purposes of establishing dancing, live entertainment or a game arcade, a parking lot or landscaped area a minimum of two hundred (200) feet in width. (2836-6/86) Place of public assembly. Any place designed for or used for the gathering of twenty (20) or more persons in one room where such gathering is of a public nature such as an assembly hall , church, auditorium, recreation or dance hall , theater, or amusement enterprise. (2836-6/86) Planned residential development. A residential development, including statutory and non-statutory condominiums, cluster housing, townhouses and community apartments , in which common open space is integrated into the overall development. Common areas in which each resident has an undivided interest may include outdoor recreational facilities and assembly buildings intended for the use of residents within the development. (2836-6/86) Private street. A privately owned and maintained roadway used to provide vehicle access to abutting properties. (2836-6/86) 2/94 Huntington Beach Ordinance Code Recreational vehicle park--Setback line R. Recreational vehicle park. Any area or tract of land where one or more lots are rented or leased or held out for rent or lease for the use of recreational vehicles or tents to be occupied for temporary purposes. Exclusive occupancy of any site shall not exceed thirty (30) continuous days , nor one hundred and twenty (120) days in any calendar year. (2836-6/86) Recreational vehicle. A travel trailer, pickup camper or motorized home with or without a mode of power and designed for temporary human habitation for travel or recreational purposes. (2836-6/86) Recreation space. Open space used for recreational uses such as sundecks, balconies and patios; and walkways , tennis and shuffleboard courts, swimming and boating areas, bridle paths , playgrounds and playing fields. (2836-6/86) Rental unit. A room, bath, and kitchen as a separate unit. (2836-6/86) Residence. A building used or intended to be used as a dwelling place for one or more families. (2836-6/86) Restaurant. A comprehensive term meaning an eating house providing service to the general public. (2836-6/86) Retail store. A business of selling goods, wares and merchandise directly to the ultimate consumer. (2836-6/86) Retaining wall . A structure designed to protect grade cuts or retain the fill of dirt, sand or other grading material . (3024-12/89) S. Senior citizen housing. Any housing exclusively designed wherein at least one person per unit is over sixty (60) years of age. (3024-12/89) Service station. Any lot or portion of a lot used for the dispensing of motor fuel and/or the servicing of motor vehicles. Such servicing may include sale of motor fuels and oils; lubrication; car washing, waxing, and polishing (with no steam equipment) ; sale and service of tires, tubes, batteries; and service of auto accessories. Such service shall not include tire recapping, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steam cleaning, body repair, painting or upholstery. (2836-6/86) Service station, idle. Any service station which has not been open for business for at least sixty (60) , eight (8) hour days out of any one hundred and eighty (180) consecutive days. (2836-6/86) School . An institution conducting regular academic instruction at kindergarten, elementary, secondary or college levels, operated by a governmental or nongovernmental organization. (2836-6/86) Setback line, front yard. The line which defines the depth of the required front yard. Such line shall be parallel to the property line and removed therefrom by the perpendicular distance described as the front yard setback. (2836-6/86) 2/94 b ^ Setback line, side. . .-Structural alteration Huntington Beach Ordinance Code Setback line, side or rear yard. The line which defines the width or depth of the required side or rear yard. Such line shall be parallel to the property line and removed therefrom by the perpendicular distance described as the side or rear yard setback. (2836-6/86) Single room occupancy (SRO) . A building designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. (3108-7/91 ) Site. Any legally created parcel of land bounded by property lines after dedication. (2836-6/86) Site coverage. The building area of all ,structures on a site as measured from all exterior building surfaces, including any patio covers, and any balconies and stairways with or without support posts. Architectural features such as bay windows, eaves and fireplaces that do not project more than thirty (30) inches, and decks that do not exceed more than forty-two (42) inches in height are excluded. (2836-6/86) Site plan. A plan prepared to scale, showing accurately and with complete mentioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land. (2386-6/86) Stable, commercial . A stable for horses which are used, hired or boarded on a commercial basis and for compensation. (2836-6/86) Stock cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. (2836-6/86) Story.. That portion of a building included between the surface of any floor and the surface of the floor next above it or the finished under surface of the roof directly above it. (2836-6/86) Street. A public or an approved private thoroughfare or road easement which affords the principal means of access to abutting property, not including an alley. (2836-6/86) Street line. The boundary line between a street and abutting property. (2836-6/86) Structure. A mobilehome or anything constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which requires location on or in the ground, except swimming pools, patios, walks , tennis courts , and similar paved areas. (2836-6/86) Structural alteration. Any change in or alterations to the structure of a building involving the bearing wall , column, beam or ceiling joists , roof rafters, roof diaphragms, foundations, tiles , retaining walls or similar components. (2836-6/86) 2/94 I Huntington Beach Ordinance Code Structure, temp--Wind energy. . . Structure, temporary. A structure which is readily movable and used or intended to be used for a period not to exceed ninety (90) consecutive days. Such structure shall be subject to all applicable property development standards for the zone district in which it is located. (2836-6/86) T. Temporary outdoor event. A temporary use of property not exceeding an aggregate of twenty-one (21 ) calendar days per year, the purpose of which is to conduct a specialized, short-term event such as an art show, fund-raising events, amusement attractions, sporting events and rabies clinics . Public services which benefit the community such as, but not limited to, bloodmobile or chest X ray are included in this category. Any such event if sponsored by a nonprofit organization shall be exempt from the requirements of Article 973. (2836-6/86) U. Ultimate right-of-way. The adopted maximum width for any street, alley or thoroughfare as established by the general plan; by a precise plan of street, alley or private street alignment; by a recorded parcel map; or by a standard plan of the Department of Public Works . Such thoroughfares shall include any adjacent public easement used as a walkway and/or utility easement. (2836-6/86) Use. The purpose for which land or a building is arranged, designed, or intended, or for which it is occupied or maintained. (2836-6/86) W. Wall or fence. Any structure or device forming a physical barrier. This definition shall include wood, concrete, concrete block, brick, stone or other masonry material . (2836-6/86) Warehouse. A building or the use of a building for storage of goods of any type in any area greater than five hundred (500) square feet and where no retail operation is conducted. (2836-6/86) Waterfront lot. Any lot or portion thereof abutting a navigable waterway such as a bay, cove or channel . (2836-6/86) Wet bar. A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a garbage disposal at a location other than a kitchen or laundry. A wet bar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wet bar is located in a room or a portion of a room with a stove, hot plate, range, oven or other type kitchen facility, it shall be deemed a separate kitchen. (2836-6/86) Wholesale Use. A business which stores large stocks of goods and sells them in bulk quantities to retail outlets. Sales to the general public do not occur on the site, nor is the location of the business advertised through newspapers , flyers or other media designed to reach the consumer. (3024-12/89) Wind energy conversion system. A machine which converts the kinetic energy of the wind into a usable form of electrical energy, such as a windmill or turbine. (2836-6/86) 2/94 Yard--Zoning maps Huntington Beach Ordinance Code ' Y. Yard. An open, unoccupied space on a lot on which a building is situated and, except where provided in the ordinance code, is completely unobstructed, from the ground to the sky. (2836-6/86) ~' Yard, front. A yard extending across the full width of the lot between the side lot lines and between the front lot line and either the nearest line of the main building or the nearest line of any enclosed or covered porch. The front lot line shall be deemed to be the existing nearest right-of-way line of the abutting street, road or highway, unless a different right-of-way line for future use shall have been precisely fixed by formal action of the City Council pursuant to law or ordinance. (2836-6/86) Yard, rear. A yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street or is adjacent to or facing a front yard of residentially zoned property, it shall meet front yard requirements of the district; excepting walls and fences and Rl zoned property abutting arterial highways. (2941-7/88) Yard, side. A yard extending from the front yard to the rear yard between the side property line and the nearest line of the main building or any accessory building. (2836-6/86) Z. Zone. A district as defined in the state Conservation and Planning Act shown on the official zoning maps and to which uniform regulations apply. (2836-6/86) Zoning maps. The official zoning maps of the city of Huntington Beach which are a part of the comprehensive zoning ordinance. (2836-6/86) r� 2/94 I 9220--9220. 1 (a) --�. Article 922 COMMERCIAL DISTRICT STANDARDS (730-10/59, 810-1/61 , 881-1/62, 917-8/62, 961-6/63, 975-7/63, 995-9/63, 1061-7/64, 1108-1/65, 1140-6/65, 1342-9/67, 1395-3/68, 1480-4/69, 1532-11 /69, 1548, 2/70, 1549-2/70, 1602-10/70, 1672-10/71 , 1839-7/73, 1860-8/73, 2060-6/76, 2454-10/80, 2503-8/81 , 2522-12/81 , 2730-11 /84, 2765-7/85, 2773-7/85, 2829-5/86, 2957-9/88, 2958-10/88, 2987-3/89, 3063-11 /90, 3109-7/91 ) Sections: 9220 General provisions 9220. 1 Permitted uses 9220.2 Restricted uses 9220.3 Minimum parcel size/frontage 9220.4 Maximum density/intensity 9220.5 Maximum building height 9220.6 Maximum site coverage 9220.7 Setbacks 9220.8 Fencing 9220.9 Parking, loading and landscaping 9220. 10 Outside uses--Storage and display 9220. 11 Game arcades 9220. 12 Dancing/live entertainment 9220. 13 Hotels/motels r� 9220. 14 Service stations 9220. 15 Single Room Occupancy/Living Units 9220 General provisions. These regulations include provisions for several of the commercial districts within the City. The neighborhood commercial (Cl ) district is intended to provide for limited commercial development of under one and one-half acres on one corner of the intersection of secondary arterial highways which is compatible with surrounding residential uses. No automotive uses or outside storage is permitted. The community business (C2) district, a more intensive zone, permits all uses within the Cl district, and, in addition, permits general retail uses including minor automobile repair and outside storage, subject to specific standards. The highway commercial (C4) district permits all uses included in the other commercial districts as well as hotels and motels . This district is intended to provide tourist facilities for vacation visitors. (2829-5/86) 9220.1 Permitted uses. The following section lists uses permitted in the commercial districts and the applicable approval process for each one. (a) List A - All districts . Initial establishment of use and occupancy for List A uses shall be permitted in the Cl , C2 and C4 districts subject to plan review approval by the Director. In the Cl district, the individual uses shall not exceed thirty-two hundred (3200) square feet. B. Retail bakeries (maximum seating capacity of 12) 7/91 9220. 1 (a)(B. )--9220.1 (b)(J) C. Candy stores D. Drugstores F. Florists H. Hair salons i I . Ice cream stores L. Laundromats and tailor shops/dressmaking M. Markets, meats and groceries P. Professional offices R. Restaurants (take-out and dine-in with maximum seating capacity of 12) S. Shoe repair (b) List B - C2. C4 districts . Initial establishment of use and occupancy for List B uses shall be permitted in the C2 and C4 districts subject to plan review approval by the Director. A. Animal grooming; no boarding or outdoor kennels Automotive parts B. Bicycle shops Blueprint, copy, and print shops Bookstores and newsstands D. Department and clothing stores Dry cleaning (retail ) E. Electronic part supply F. Financial institutions Frozen food lockers (retail ) Furniture and appliance stores H. Home improvement, including paint, electrical , plumbing, and hardware supplies Health clubs with less than twenty-five hundred (2500) square feet I . Ice storage, limited to five (5) ton capacity J . Jewelry stores / 7/91 9220. 1 (b)(M)--9220. 1 (d)(A) �-.. M. Marine supplies Movie theatres Music conservatories N. Nurseries (retail ) 0. Office supplies and stationery P. Pet stores Photography studios, equipment and sales R. Repair shops, appliances and electronics only (c) List C — C2 and C4 districts--Use permit. Initial establishment of use and occupancy for List C uses shall be permitted subject to the approval of a use permit by the Zoning Administrator within the C2 and C4 districts. A. Automobile minor repair pursuant to section 9730.58 Automobile, motorcycle, and recreational vehicle sales, including service and repair as an accessory use C. Carwash �. Clinic with less than 2500 sq. ft. (2957-9/88) G. Game arcades pursuant to section 9220. 11 M. Mortuaries 0. Outside uses pursuant to section 9220. 10 P. Personal Enrichment Service with less than 2500 sq. ft. (2957-9/88) R. Restaurants, including drive—through and dine—in Retail uses and services not specifically listed under (a) or (b) but of a similar nature (d) List D — C2. C4 districts--Conditional use permit. Initial establishment of use and occupancy for List D uses shall be permitted within the C2 and C4 districts (except as specified) subject to the approval of a conditional use permit application by the Planning Commission. Conditional use permits issued shall be nontransferable for the uses below which are preceded by an asterisk. (See Definitions for nontransferable restriction. ) A. *Adult businesses pursuant to Article 975 Alcoholic Beverage Sales pursuant to Article 963 (2987-3/89) Animal clinic 7/91 9220. 1 (d)(D)--9220.6 D. *Dancing and/or live entertainment, including dancing for patrons under the age of twenty—one (21 ) pursuant to section 9220.12 F. *Fortunetelling (C4 only) H. Hotels and motels (C4 only, pursuant to section 9220.13) S. Service stations pursuant to section 9220. 14 Single room occupancy/Living units pursuant 'to Section 9220.15 U. Unclassified uses pursuant to Article 963 (2829-5/86) 9220.2 Restricted uses. (a) Storage permitted within the commercial districts shall be limited to the accessory storage of retail products sold on the premises. Outside storage and display shall be permitted by use permit pursuant to section 9220. 10. (b) A maximum of seven persons may be employed full time in processing or treating retail products, limited to those sold on the premises. This limitation is intended to prohibit all manufacturing uses within commercial districts. (2829-5/86) 9220.3 Minimum parcel size/frontage. District Minimum Lot Size Minimum Frontage Cl 20,000 square feet 100 feet C2/C4 10,000 square feet 100 feet C4 20,000 square feet 100 feet (hotel /motel ) (2829-5/86) 9220.4 Maximum density/intensity. None. (2829-5/86) 9220.5 Maximum building height. Maximum building height shall be as follows . Roof—mounted mechanical equipment shall not exceed the height listed and shall be screened on all sides by the architectural features of the building. Cl 20 feet C2/C4 50 feet C4 (hotel /motel ) 35 feet (2829-5/86) 9220.6 Maximum site coverage. None. (2829-5/86) 7/91 I ' 9220.7--9220.10 9220.7 Setbacks. Setbacks are as listed below (in feet) except if otherwise designated on the sectional district map. Interior Exterior District Front Side Side Rear Cl 50 10 50 10 C2/C4 10 0 10 0 C4 15 5 10 5 (hotel /motel ) I, Exceptions. (a) Where a parcel abuts a residential district, interior side and rear setback requirements listed above shall be increased by a minimum of ten (10) feet. For all uses other than hotels and motels, the setback may be reduced to zero subject to conditional use permit approval by the Planning Commission and provided that the height of the structure is limited to eighteen (18) feet within forty-five (45) feet of the common property line. (b) Projecting canopy structures and other architectural features may extend five (5) feet into the required front and exterior side yard setbacks for the entire width of the building. J (c) Telephone booths shall be subject to staff approval as to location for traffic safety purposes . (d) All structures and buildings which are subject to the fifty (50) feet or more setback requirement may encroach up to twenty-five (25) feet if additional landscaping is provided on the basis of one additional foot of landscaping for each one (1 ) foot of encroachment. The additional landscaping shall be provided along the entire length of the building' s encroachment and may be counted toward the requirements of Article 960. The permitted encroachments shall , in addition, be governed by the site angle requirements depicted in Diagram A. (2829-5/86) 9220.8 Fencing. Fencing shall comply with the standards outlined in Article 977. (2829-5/86) 9220.9 Parking loading and landscaping All developments shall comply with the standards outlined in Article 960. (2829-5/86, 3063-11 /90) 9220.10 Outside uses--Storage and display. The following regulations shall govern all outside storage and display within the C2 and C4 districts.. No outside storage or display shall be permitted within the Cl district. The intent of this section is to limit the type of buildings and display items permitted within and behind the required front and exterior side yard setbacks and to establish comprehensive guidelines for the review of all such requests. -� The Director shall consider the following issues in evaluating a plan review application for outside uses: the intended duration, location, and amount of display area; the method of display or storage; the provisions for off-street 7/91 f 9220. 10--9220. 11 (a) parking and landscaping; vehicular and pedestrian visibility at driveway access points ; and the guarantee of removal and cleanup if the use is temporary. (a) The following items may be permitted adjacent to a commercial building within the required setback areas. Those items greater than six (6) feet in height shall be subject to the site angle requirements depicted in Diagram A. (1 ) The display of a maximum of ten (10) new tires. (2) Merchandise offered in conjunction with approved temporary outdoor events such as grand openings, anniversary sales, or an ownership change. Such promotional activities may not exceed thirty (30) days. (3) Auto, truck, motorcycle, boat, or recreational vehicle sales provided that a three (3) foot wide landscaping strip is provided along all street frontages in addition to that which is required by Article 960. A landscaping plan shall be submitted for approval by the departments of Community Development and Public Works in order to assure adequate pedestrian access and compliance with adopted landscape standards - (4) Nursery display including plants, new garden equipment, or trailer rentals subject to the same landscaping standards as required above for automobile sales. (5) Newspaper racks, reverse vending machines. (2958-10/88) (6) Collection containers for charitable organizations such as Goodwill or recycling provided they shall not be placed on vacant lots nor exceed 500 square feet including any required attendant parking space. (2958-10/88) (b) The following items may be permitted on a commercial site behind all required setback areas if screened from view on all sides by (1 ) a minimum six foot high decorative masonry wall or a building, and (2) landscaping. (1 ) Rental equipment (2) Patio furniture (3) Masonry items, including brick, cement, stone (4) Lumber or fertilizer provided they are limited in height to that of the adjacent screening wall . (2829-5/86, 2958-10/88) 9220.11 Game arcades. Game arcades shall be permitted in the C2 and C4 districts subject to the approval of a use permit by the Zoning Administrator and conformance to the following standards: (a) Bicycle racks or a special bicycle parking area shall be provided to' eliminate obstruction of the public sidewalk and building entry. 7/91 a 9220. 11 (b)--9220. 13(e) (b) Buffers shall be required as outlined in section 9220. 12(c) . (c) The facility shall be situated in a commercial area at an intersection with a traffic signal , and shall not be located closer than one-half mile by the shortest walking distance to any elementary, junior or senior high school . (d) Hours of operation shall be established by the Planning Commission. (e) One supervisory employee eighteen (18) years or older shall be in attendance during operating hours. (2829-5/86) 9220.12 Dancing/live entertainment. Adult dancing and/or live entertain- ment as a primary or secondary use, and dancing for patrons under the age of twenty-one (21 ) shall be permitted in the C2 and C4 districts subject to the approval of a conditional use permit by the Planning Commission and conformance to the following standards: (a) The use shall comply with any applicable provisions of the Huntington Beach Municipal Code, including Chapter 5.28, Dance Halls, Chapter 5.44, Restaurants--Amusement and Entertainment Premises, Chapter 5.70, Adult Entertainment Businesses, and Chapter 8.40, Noises. (b) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided to eliminate obstruction of the public sidewalk and building entry. r (c) Buffers to provide separation between the use and adjacent residentially zoned or general planned property shall be provided in order to ensure effective protection from noise, trash, and other potential nuisances. Buffers may include other buildings, arterial streets, and permanent open space as defined in this code. Block walls shall not be considered buffers . (2829-5/86) 9220.13 Hotels/motels. Hotels and motels shall be permitted in the C4 district subject to the approval of a conditional use permit by the Planning Commission and conformance to the following standards: (a) Hotels and motels shall be located and take access from arterial highway. (b) A passive or active outdoor recreational amenity shall be provided for the use of all guests subject to approval by the Planning Commission. (c) A minimum .of ten (10%) percent of the site shall be landscaped and a minimum fifteen (15) foot wide landscaped planter shall be provided at all streetside property lines . (d) Such use shall provide transient occupancy to overnight guests for a maximum period of thirty (30) consecutive days and for a minimum daily stay. (e) Such use shall comply with any applicable provisions of the Huntington Beach Ordinance Code. (2829-5/86) 7/91 r . s ' 9220. 14--9220. 14(d)(3) 9220.14 Service stations. Service station uses warrant separate considera- tion because they tend to have specialized problems which require the regula- tion of location and design in order to protect the health, safety and general welfare of the community. These concerns include potential traffic hazards, the unenclosed nature of the use, distinctive physical appearance, hours of operation, noxious odors, noise, and the danger to life and property due to the storage of flammable and explosive materials. (a) Locational criteria. The Planning Commission shall consider the following criteria when evaluating a proposed conditional use permit: (1 ) The site shall be at the intersection of arterial highways or adjacent to a freeway off-ramp. A site at the intersection of a secondary arterial and any other highway may be permitted if two (2) of the remaining corners are zoned and general planned for commercial uses. (2) The site' s proximity to other service stations or businesses associated with flammable materials. (3) The site' s proximity to ,residences, schools, hospitals, churches, theaters, parks, and other places of public assembly. (4) Potential adverse impacts on traffic circulation and pedestrian safety the proposed use would have on abutting streets. (b) Prohibited uses. (1 ) Automobile repair shall be limited to minor repair as defined in this code. (c) Minimum parcel size and frontage. (1 ) The minimum lot size shall be 22,500 square feet. (2) The minimum frontage on any arterial highway shall be one hundred and fifty (150) feet. (d) Accessory uses. The accessory uses listed below shall be permitted as included on the approved site plan. Such uses shall be subordinate to the main operation and shall not impede safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential customers. Such uses shall be included as part of the initial conditional use permit request or shall be subject to new entitlement if proposed after the initial application has been filed. (1 ) Convenience markets in conjunction with gasoline sales shall be permitted provided no automotive repair or truck or trailer rental shall be 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. r' (3) Vending machines provided they are placed entirely within the main building. 7/91 9220. 14(4)--9220. 14(f)(5) (4) Tire storage provided such use is limited to a single storage structure compatible with the architecture of the building and limited in size to eight (8) feet high by sixteen (16) feet long. The location shall be behind required streetside setbacks, either adjacent to the building or on an interior property line. Outside display of any other type of merchandise shall be prohibited. (5) Outside activities shall be limited to the dispensing of gasoline, oil , water, and minor accessory parts such as fan belts and wiper blades . Outside storage of motor vehicles shall be prohibited except as provided for truck rentals below. Outside storage shall mean the parking of a motor vehicle outside for a period in excess of twenty-four (24) hours, or, if the vehicle is being serviced, in excess of seven (7) days. (6) Truck and utility trailer rental provided they do not exceed twenty-five (25) feet in length, and are stored a minimum of fifty (50) feet from exterior property lines. (e) Setbacks. Building setbacks shall conform to the regulations stated for the district in which the site is located or as specified on the sectional district maps for the site itself. Pump islands and canopy structures shall maintain the following setbacks from exterior property lines: Pump island: 15 feet Canopy: 7 feet with ground clearance of 12 feet above centerline of the adjacent street (f) Design standards. The following standards are intended to encourage a safe and efficient site layout and aesthetically pleasing architecture and landscaping. (1 ) In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. Service stations shall be designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the general neighborhood. (2) The location, number, and design of driveways as well as on and off-site traffic circulation impacts shall be analyzed. (3) Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties. A maximum of three (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 a pleasing appearance with no negative impact on surrounding uses. (5) A minimum of ten (10%) percent of the site shall be landscaped. Landscaping plans shall conform to all applicable provisions of Article 960, as well as conform to the following requirements: 7/91 9220. 14(f)(5)(i )--9220.15(a)(1 ) (i ) A three (3) foot wide planter (inside dimension) along interior property lines shall be provided, except at vehicular circulation openings. Additional landscaping may be required to effectively screen service bays from surrounding properties. (ii ) A six hundred (600) square foot planter with a minimum dimension of twenty (20) feet shall be provided at the corner of intersecting streets. (iii ) A total of seventy (70) square feet of planting area shall be located adjacent to and on the streetside of the main building. (g) Nonconforming service stations. Plans to substantially alter or modernize existing service stations shall be subject to the approval of a new conditional use permit and conformance with all current code requirements. The reduced requirements outlined below shall apply to existing nonconforming service stations which shall meet all such standards by December 16, 1977. (1 ) A minimum of six (6%) percent of the site shall be landscaped. Such plans shall conform to all applicable provisions of Article 960, Off-street Parking antd Landscaping. (2) Where feasible, a minimum three (3) foot wide landscape planter (inside dimension) shall be provided along streetside property lines. (3) A landscaped planter shall be provided at the corner of the two intersecting streets. (4) Where regulations for the placement of planters would impede circulation or access, landscaping shall be placed elsewhere on the property to meet the minimum requirement. (5) Trees shall be provided for the planters at a rate of one thirty inch box tree per forty-five (45) feet (or fraction thereof) of planter length. (6) All freestanding and attached signs shall be altered or removed in order to comply with the provisions of the sign code. Service stations which were in conformance with all sign provisions in effect on June 16, 1979 shall not be required to come into conformance with any newly adopted standards. Service station signs which were not in conformance with applicable requirements on this date shall be required to be brought into conformance with all provisions of the sign code as it exists or may hereinafter be amended. (2829-5/86) 9220.15 Single room occupancy/Living units. Single room occupancy/Living units shall comply with the following requirements: (3109-7/91 ) (a) General provisions. (3109-7/91 ) (1 ) All projects shall comply with the most recently adopted City Building, Plumbing, Mechanical , Electrical , Fire, and Housing Codes. (3109-7/91 ) 7/91 9220. 15(a)(2)--9220. 15(b)(4)(1 ) (2) No more than one (1 ) person shall be permitted to reside in any unit which is less than two hundred twenty (220) square feet in size. (3109-7/91 ) (3) No more than two (2) persons shall be permitted to reside in any unit, excluding the manager' s unit. (3109-7/91 ) (4) A Management Plan shall be submitted for review and approval with the Conditional Use Permit (CUP) application. The Management Plan shall contain management policies, operations, emergency procedures, security program including video cameras monitoring building access points, rental procedures and proposed rates, maintenance plans, and staffing needs, and tenant mix, selection and regulations. . (3109-7/91 ) (5) An on-site, twenty-four (24) hour manager is requried 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 220 square feet in size. (3109-7/91 ) (6) Rental procedures shall allow for both weekly and monthly tenancies only; deposit requirements shall be specified for each type of tenancy. (3109-7/91 ) (7) 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 i\ exception of the twenty-four (24) hour manager. (3109-7/91 ) (8) Each SRO project shall be subject to annual review by the City which includes the review of management services. The SRO project owner shall be responsible for filing an annual report to the Department of Community Development which includes the range of monthly rents, the monthly income of residents, occupancy rates, and the number of vehicles owned by residents. (3109-7/91 ) (9) 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. (3109-7/91 ) (b) Unit requirements. (3109-7/91 ) (1 ) Minimum unit size shall be one hundred seventy (170) square feet. (3109-7/91 ) (2) Maximum unit size shall be four hundred (400) square feet. (3109-7/91 ) (3) The average size of all living units within the project shall not exceed two hundred seventy five (275) square feet. (3109-7/91 ) (4) Each unit shall contain a kitchen and bathroom. (3109-7/91 ) (i ) Kitchens shall contain a sink with garbage disposal , counter top (minimum 16" x 24") , refrigerator, and stove or microwave oven. (3109-7/91 ) 7/91 9220. 15(b)(4)(ii )--9220. 15(c)(7) (ii ) If stoves are not provided in each unit, then stoves shall be provided in a common kitchen \area(s) . (3109-7/91 ) (iii ) Bathrooms shall contain a lavatory, toilet, and shower or bathtub. (3109-7/91 ). (5) Each unit shall have a minimum forty-eight (48) cubic feet of closet/storage space. (3109-7/91 ) (c) Project requirements. (3109-7/91 ) (1 ) Common recreational space shall be provided in each project as follows: (3109-7/91 ) (i ) Minimum common recreational space shall be four hundred (400) square feet. (3109-7/91 ) (ii ) For projects exceeding thirty (30) units in size, additional square footage is required as follows: (3109-7/91 ) Units less than 220 square feet - 10 square feet/unit over 30 (3109-7/91 ) -- Units 220 square feet of greater - 15 square feet/unit over 30 (3109-7/91 ) (iii ) Common recreational space may be indoor or outdoor provided there is at least forty (40%) percent allotted toward indoor space and forty (40%) percent outdoor space; the balance may be either indoors or outdoors. (3109-7/91 ) (iv) Common recreation 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. (3109-7/91 ) (2) A single controlled entryway for routine ingress and egress shall be situated adjacent to and in full view of the manager' s desk. (3109-7/91 ) (3) A mailbox shall be provided for each unit. (3109-7/91 ) (4) Handicap access facilities shall be as required by applicable state or local law. (3109-7/91 ) (5) At least one handicapped-accessible unit shall be required for every twenty (20) units . (3109-7/91 ) (6) 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. (3109-7/91 ) (7) 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. (3109-7/91 ) 7/91 9220. 15(c)(8)--9220.15(c)(12) (8) Storage Lockers (3109-7/91 ) (i ) Storage lockers shall be provided in a secured area. (3109-7/91 ) (ii ) The cumulative total of locker space shall be no less than a ratio of ten (10) cubic feet per unit. (3109-7/91 ) (9) All common indoor space areas shall have' posted in a. conspicuous location a notice from the City' s Department of Community Development regarding contact procedures to investigate housing code violations. (3109-7/91 ) (10) Bicycle stalls shall be provided at a minimum of one (1 ) stall per ten (10) units in a secured and enclosed area. (3109-7/91 ) (11 ) Trash disposal chutes as well as a centralized trash area shall be provided on all multi-story project. (12) A minimum of two (2) pay telephones shall be provided in the lobby area. The telephone service shall only allow outgoing calls. (3109-7/91 ) 7/91 SITE ANGLE REIQUIREMENTS DIAGRAM A 18° 28° 28 28 18 0 ...........IX r, ,- I. 1� J rt r: z. t. i f I� t t I A 1: 16 280 50' 180 a M TYPICAL LOTS IN COMMERCIAL , f • • •>: `'>' `'< >;`<»'>: :<� 10 RE SI 1E.N T IAt DISTRICTS IDISTRICT 0 MERCHANDISE LESS THAN r :::: :� - 6 FT. IN HEIGHT. rrt 25' NIERCHANDISE OVER 6FT. 28° IN HEIGHT. 25 ® BUILDING ENCROACHMENT t INTO THE REQUIRED SETBACK (25 FT. MAXIMUM) Iy HUNTINGTON PEACH MUNICIPAL CODE UPDATES (Effective Immediately) Prepared by: Office of the City Clerk --' Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Please Remove from Code Please Add to Code Chapter 17.36 -- Please Note: This Huntington Beach Municipal Code Chapter was repealed by Ordinance 3022, effective 12/89. Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 d8afi1es\c1erkVan\m unicd 14 n HUNTINGT®N PEACH MUNICIPAL CODE UPDATES (Effective 7/21/94) t Prepared by: Office of the City Clerk -- Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk • Please Remove from Code Please Add to Code -- Chapter 8.70 Chapter 9.32 Chapter 9.32 Questions regarding theseupdates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 d8afiles\clerkVanUnunicd 14 Huntington Beach Municipal Code 8.70.010--8.70.010 Chapter 8.70 TATTOOING ESTABLISHMENT AND OPERATION REGULATIONS (3237-7/94) Sections: 8.70.010 Definitions 8.70.020 Maintenance of premises 8.70.030 Source of dyes and inks 8.70.040 Maintenance of pigments, dyes and equipment 8.70.050 Maintenance of stencils 8.70.060 Tattooing operations -- Skin condition of customers 8.70.070 Tattooing operations -- Health history of customers 8.70.080 Tattooing operations --Health conditions of Operator 8.70.090 Tattooing operations -- Smoking 8.70.100 Tattooing operations -- Apparel of Operator 8.70.110 Tattooing operations -- Cleanliness of Operator 8.70.120 Tattooing operations -- Shaving 8.70.130 Tattooing operations -- Skin preparation 8.70.140 Tattooing operations --Use of stencils 8.70.150 Tattooing operations -- Use of approved dyes 8.70.160 Tattooing operations -- Use of sterile dyes 8.70.170 Tattooing operations --Use of Sterile equipment 8.70.180 Tattooing operations --Discarding of certain equipment 8.70.190 Inspections -- Health Services fee schedule 8,70.200 Penalties 8.70.010 Definitions. (a) Health Officer. That person or office designated by order of the City Council of the City of Huntington Beach or by contract approved by the said Council as the person or office having responsibility for the enforcement of the provisions of this article. (3237-7/94) (b) Operator. Any person, whether the proprietor or another person, administering a tattoo to any customer of a tattooing establishment. (3237-7/94) (c) Proprietor. The person having general control and management over the conduct of business at a tattooing establishment, whether or not such person is the legal owner of the premises or the business. (3237-7/94) (d) Tattoo. An indelible mark or figure fixed upon a body by insertion of pigment under the skin or by production of scars. (3237-7/94) (e) Tattooing establishment. Premises used for the business of marking or coloring the skin with tattoos, and all furnishings, equipment, instruments, dyes and inks, and other facilities maintained therein incidental to such use. (3237-7/94) 7/94 � a 8.70.020--8.70.040(b) Huntington Beach Municipal Code 8.70.020 Maintenance of premises. (3237-7/94) (a) All tattooing establishments shall be equipped with running hot and cold water, with adequate toilet facilities and with all such appliances, furnishings and materials as may be necessary to enable persons employed in and about such establishments to comply with the requirements of this Chapter. (3237-7/94) (b) The floors, furnishings and equipment of tattooing establishments shall be kept clean at all times during business hours. For purposes of this paragraph a floor shall not be considered clean if it has not been swept and mopped within the preceding twenty-four (24) hour period. (3237-7/94) (c) All operating tables in tattooing establishments shall be constructed of metal with white enamel or porcelain finish, or stainless steel. (3237-7/94) (d) Each tattooing establishment shall have adequate lighting and ventilation. For purposes of this paragraph lighting or ventilation shall be considered as inadequate if it fails to comply with a standard prescribed by the Health Officer. (3237-7/94) (e) No tattooing establishment shall be used as a sleeping room or dormitory. (3237-7/94) 8.70.030 Source of dyes and inks. (3237-7/94) (a) Proprietors of tattooing establishments shall, on request of the Health Officer, submit in writing to the Health Officer the source of all dyes or inks retained for use in tattooing operations, and thereafter shall notify the Health Officer in writing of any dyes or inks obtained for use in tattooing operations from any source other than those previously submitted. (3237-7/94) (b) No dyes or inks from any sources which have been disapproved by the Health Officer shall be retained available for use in tattooing operations. (3237-7/94) 8.70.040 Maintenance of pigments, dyes and equipment. No pigments, dyes or equipment shall be retained available for use in tattooing operations unless cleaned and sterilized as provided in this section. For purposes of the section, equipment shall include needles, needle tubes, towels, blade holders, wiping cloths, paper towels and napkins, charcoal, gauze bandages (unless purchased in individual sterile packages), and all similar items. (3237-7/94) (a) All equipment shall be thoroughly cleaned before being sterilized. Instruments shall be cleaned with soap or detergent by use of a brush. The interior of needle barrels shall be brushed. After cleaning, equipment shall be thoroughly rinsed under running fresh tap water. (3237-7/94) (b) All equipment shall be sterilized by autoclaving. Each piece of equipment shall be individually wrapped with paper in an approved method for autoclaving. Metal foil may not be used. Tattooing needles shall be threaded through the metal tube that attaches to the tattooing vibrator and shall be placed in a glass (or autoclavable plastic test tube) with a cotton plug for 7/94 I Huntington Beach Municipal Code 8.70.040(b)--8.70.070 autoclaving. Wiping tissues shall be sterilized in a single pack to be used for one tattoo and then be discarded. All packs shall be marked with temperature recording tape or labels. (3237-7/94) (c) Dyes or inks shall be used from containers with a cap that completely covers the opening and is attached to the neck of the dye container, sterilized in an autoclave after first being filled with the dye. Dye shall be handled utilizing aseptic techniques and the dye containers filled with dye shall be autoclaved at least once a week or more often if necessary to keep the dye in a sterile condition. The dyes may be placed in Teflon squeeze bottles that will withstand autoclaving. (3237-7/94) (d) Stem sterilization of the above listed equipment shall be accomplished in an autoclave with at least fifteen (15) pounds pressure per square inch (251 F) for at least 15 minutes. Other means of sterilization may be approved by the Health Officer. (3237-7/94) (e) All sterilized dyes, pigments and equipment shall be stored in a manner which will insure sterility at the time of use. (3237-7/94) (f) Proprietors shall maintain sufficient sterilized equipment available at the beginning of each workday to allow completion of such workday without requiring resterilization of such equipment. (3237-7/94) 8.70.050 Maintenance of stencils. No stencil, whether new or used, shall be retained in a manner available for use in any tattooing operation unless it has been precleaned and disinfected in the following manner: (3237-7/94) (a) Each stencil must be precleaned by being scrubbed with soap and brush to the extent necessary to remove all accumulations of carbon and petroleum jelly in the etched grooves of the stencil. (3237-7/94) (b) Each stencil, after being precleaned and dried, must be disinfected by being soaked, design-cut side down, in a closed container of seventy percent (70%) alcohol for not less than thirty(30) minutes at room temperature. (3237-7/94) (c) Each stencil, after being disinfected, shall be air dried for not less than thirty (30) minutes by being suspended in a manner exposing both sides to the air, and thereafter shall be stored for next use in a clean envelope. (3237-7/94) 8.70.060 Tattooing operations -- Skin condition of customers. No tattooing operation shall be performed on skin surface areas containing any rash, pimples, boils, or infection or otherwise manifesting any evidence of unhealthy conditions. (3237-7/94), 8.70.070 Tattooing operations -- Health history of customers. No tattooing operation shall be performed except after inquiry has been made as to whether the customer has had a history of jaundice or hepatitis, nor in the case when the customer discloses that he has had a history. The Tattoo Operator shall inform the customer of any potential health risks involved whenever the skin is violated as required by the Health Officer. (3237-7/94) 7/94 { P 8.70.080--8.70.140(c) Huntington Beach Municipal Code 8.70.080 Tattooing operations -- Health conditions of Operator. No tattooing operations shall be performed unless the Operator is free of communicable diseases and pustular skin lesions. �v` (3237-7/94) 8.70.090 Tattooing operations -- Smoking. No Operator shall smoke while performing a tattooing operation. (3237-7/94) 8.70.100 Tattooing operations -- Apparel of Operator. The Operator must wear a clean, light-colored, short-sleeved smock while performing the tattooing operation. (3237-7/94) 8.70.110 Tattooing operations -- Cleanliness of Operator. No Operator shall perform a tattooing operation with unclean hands. For purpose of this paragraph hands shall not be considered clean unless they have been thoroughly washed with soap from a single service dispenser and warm water, vigorously rubbing all surfaces of lathered hands for at least ten(10) seconds, followed by thorough rinsing under a stream of water. Hands shall be dried using single service towels from a dispenser or hot air blower. If a liquid soap is used, the dispenser shall be cleaned and filled with fresh soap only when empty. (3237-7/94) Tattoo Operators shall wear protective gloves while handling needles or blades, or doing any procedure that may cause bleeding._Gloves shall be discarded between each customer. (3237-7/94) 8.70.120 Tattooing operations -- Shaving. No tattooing operation involving shaving shall be performed unless the skin is washed with soap prior to the shaving and unless the blade used in shaving is previously unused and unless the blade holder has been autoclaved since its previous use. (3237-7/94) 8.70.130 Tattooing operations -- Skin preparation. No tattooing operations shall be performed unless the skin is adequately prepared prior to the operation. For purposes of this paragraph, skin shall be considered properly prepared if it is thoroughly washed with soap following shaving and thereafter scrubbed gently three (3) times with seventy percent (70%) isopropyl alcohol, using a separate sterile gauze pad each such time; and no alternate method of skin preparation shall be considered adequate unless approved in writing by the Health Officer. (3237-7/94) 8.70.140 Tattooing operations -- Use of stencils. No tattooing operation involving the use of stencils shall be performed unless all of the following requirements have been complied with: (3237-7/94) (a) Each stencil must be precleaned pursuant to Section 8.70.050. (3237-7/94) (b) Each stencil, having been precleaned, must be wiped with sterile gauze soaked in seventy percent (70%) alcohol and air dried immediately prior to its use in the tattooing operation. (3237-7/94) (c) Petroleum jelly used for stencils must be obtained from a collapsible tube which has not previously been used in any tattooing operation and must be applied to the skin with a sterile gauze which has not previously been used. (3237-7/94) 7/94 Huntington Beach Municipal Code 8.70.150--8.70.200(b) 8.70.150 Tattooing operations -- Use of approved dyes. No tattooing operation shall be performed using dyes or inks of a type that has been disapproved for use by the Health Officer pursuant to Section 8.70.030. (3237-7/94) 8.70.160 Tattooing operations -- Use of sterile dues. No tattooing operation shall be performed unless the following requirements have been complied with.. (3237-7/94) (a) The dye or ink used for the tattoo must be obtained from presterilized dye or ink bottles and, prior to the tattooing operation, aseptically transferred from such bottles into sterile paper cups which have not previously been used in any tattooing operation. No refilling of the dye cup is permitted. (3237-7/94) (b) No dye or ink shall be used in which needles used on another person have been dipped. (3237-7/94) 8.70.170 Tattooing operations -- Use of sterile equipment. No tattooing operation shall be performed using equipment that has not been cleaned and sterilized in the manner set forth in Section 8.70.040. (3237-7/94) 8.70.180 Tattooing operations —Discarding of certain equipment. Operators can discard the following items immediately after use in any tattooing operation. (3237-7/94) (a) Blades used in shaving. (3237-7/94) (b) Tubes and gauze used in application of petroleum jelly used for stencils. (3237-7/94) (c) Paper cups used for dye or ink. (3237-7/94) 8.70.190 Inspections -- Health Services fee schedule. The County Health Officer shall periodically make inspections of tattooing establishments located in the City of Huntington Beach to determine if the proprietor or operator of such establishments are complying with the provisions of this Chapter. The County shall, by annual Board Resolution, adopt health service fees to be paid by the proprietor or operator of the tattoo establishment. Such fees to be paid ,directly to the County Health Officer and retained by the County as reimbursement for said services related to this ordinance. (3237-7/94) 8.70.200 Penalties. Each of the following acts or omissions shall constitute a misdemeanor. (3237-7/94) (a) Any performance of a tattooing operation by an Operator in violation of any requirement or prohibition imposed by this article. (3237-7/94) (b) Any failure by a proprietor to maintain a tattooing establishment in conformity with the requirements of this article. For purposes of this subparagraph (b), each day upon which such a failure to conform occurs shall constitute a separate violation. (3237-7/94) 7/94 Huntington Beach Municipal Code 9.32.010--9.32.030 Chapter 9.32 �1. POOL AND BILLIARD HALLS (765-5/60, 854-8/61, 1311-5/67, 3238-7/94) Sections: 9.32.010 Permit required--Application 9.32.020 Applicant--Criminal investigation 9.32.030 Permit--Council grants or denies 9.32.040 Premises specification 9.32.050 Minors 9.32.060 Card games 9.32.070 Prohibited practices 9.32.080 Permit--Posting 9.32.090 Hours of business 9.32.100 Operated in conjunction with other business 9.32.110 Permit--Revocation 9.32.120 Permit--Revocation--Appeal 9.32.130 Definitions 9.32.010 Permit required--Application. In addition to complying with Chapters 5.04 through 5.16 of the Huntington Beach Municipal Code, any person, firm or corporation desiring to engage in the business of operating a pool or billiard hall, or other lawful indoor game conducted for profit and open to the public, shall first make an application for a permit in writing to the City Council containing at least the following information: (a) Name and address of applicant; (b) Name and address of all financially interested parties of the firm; (c) If the applicant is a corporation, the names and addresses of all of the officers of the corporation; (d) Name and address of manager or person to be in charge of premises; (e) Address or location of the proposed pool or billiard hall or room; (f) Number of tables to be operated; (g) Whether or not alcoholic beverages are to be sold on the premises; (h) List of any and all games and amusement machines and devices to be operated on the premises; (i) Signature of the applicant. (765-5/60) 9.32.020 Applicant--Criminal investigation. In addition to the written application as herein required, the applicant, manager and persons referred to in subsections (a), (b), (c) and (d) of section 9.32.010, shall personally appear before the chief of police or his authorized representative, prior to the City Council meeting when the application for Council Permit is to be heard, and have his or their fingerprints and photographs taken for the purpose of a criminal record investigation. (765-5/60) 9.32.030 Permit--Council grants or denies. The City Council shall have full power to grant a permit or reject an application. After Council and police investigation, if it shall appear that the person, firm or corporation is a proper person, firm or corporation to be so licensed, that the location and arrangement of the proposed place where the business is to be conducted is 7/94 9.32.030--9.32.120 Huntington Beach Municipal Code satisfactory, the Council may grant the permit and license, otherwise it shall reject and deny the same. (765-5/60) 9.32.040 Premises specifications. For police regulation and proper supervision, all businesses where games of billiards, pool or other indoor games are the primary source of income, shall be open to the public and conducted in a single room without partition. The main entrance or vestibule into said pool or billiard hall or room shall have glass panel doors, and said doors shall at all times be clear, unglazed and unobstructed so that all parts of the room will be open to the public view. At least 50 percent of the square footage of the building front open to the public shall be clear, clean glass which would make the interior of the game room visible from the public street, or walkway. (765, 5/60, 1311-5/67) ' 9.32.050 Minors. No person operating any business regulated by this chapter shall allow any minor under the age of twenty-one to be or remain in any room accessible from, or in which such business is carried on if any alcoholic beverages are consumed, dispensed or sold on the same premises. (765-5/60, 1311-5/67) 9.32.060 Card games. No card tables or games of cards whether played for pleasure or for chance shall be allowed, permitted or carried on in any room in which any of the above businesses shall be conducted or in any room accessible therefrom. (765-5/60) 9.32.070 Prohibited practices. It is unlawful for any person, firm or corporation owning, operating or managing any business regulated by this chapter to permit or allow any person or persons to violate any of the provisions of Chapters 9.24, 9.28, 9.36 or 9.60 of the Huntington Beach Municipal Code, or sections 319 et seq., 330 et seq., and 337.1 of the Penal Code of the state of California while in or on the premises of such business. (765-5/60) 9.32.080 Permit--Posting. It is unlawful for any person, firm or corporation to operate or conduct any business regulated by this chapter for any period of time whatsoever without first having a Council Permit and a current and valid city license posted in a prominent and conspicuous place on the premises. (765-5/60) 9.32.090 Hours of business. All billiard and pool room businesses at which alcohol is consumed, dispensed or sold shall be closed between the hours of 2 a.m. and 6 a.m. All other billiard and pool room businesses shall be closed between the hours of 12:30 a.m. and 6:30 a.m. It shall be a violation of this section for any person except the owner, manager or janitor to be upon the premises during the closed hours. (765-5/60, 1311-5/67) 9.32.100 Operated in conjunction with other businesses. Whenever a pool and/or billiard room is operated in conjunction with a bowling center and a part of the bowling center operation, section 9.32.050 hereof pertaining to minors and section 9.32.090 hereof pertaining to hours of business shall not apply to such pool and/or billiard room; provided, however, that no person under the age of eighteen (18) years shall be permitted to be or allowed to remain in such pool and/or billiard room, unless the minor is accompanied by a parent, guardian or responsible adult. (854-8/61) 9.32.110 Permit--Revocation. In addition to the penalties provided for any violation of this chapter, the Council may revoke, or may instruct the chief of police to revoke, any permit or license issued for the conduct of said business for violations of any of the provisions of this chapter. (765-5/60) 9.32.120 Permit--Revocation--Appeal. Subsequent to revocation of a permit or license under the provisions of section 9.32.100, the permittee or licensee may petition the City Council for a public hearing by filing a written request with the City Clerk within ten (10) days after revocation. (765-5/60) 7/94 Huntington Beach Municipal Code 9.32.130--9.32.130 9.32.130 Definitions. As used in this Chapter, the terms"billiard room," "pool room," "billiard hall," and "pool hall" shall mean any place of business with more than four (4) pool or billiard tables. (3238-7/94) 7/94 Huntington Beach Municipal Code 9.32.010--9.32.030 Chapter 9.32 r—� POOL AND BILLIARD HALLS (765-5/60, 854-8/61, 1311-5/67) Sections: 9.32.010 Permit required--Application 9.32.020 Applicant--Criminal investigation 9.32.030 Permit--Council grants or denies 9.32.040 Premises specification 9.32.050 Minors 9.32.060 Card games 9.32.070 Prohibited practices 9.32.080 Permit--Posting 9.32.090 Hours of business 9.32.100 Operated in conjunction with other business 9.32.110 Permit--Revocation 9.32.120 Permit--Revocation--Appeal 9.32.010 Permit required--Application. In addition to complying with Chapters 5.04 through 5.16 of the Huntington Beach Municipal Code, any person, firm or corporation desiring to engage in the business of operating a pool or billiard hall, or other lawful indoor game conducted for profit and open to the public, shall first make an application for a permit in writing to the City Council containing at least the following information: (a) Name and address of applicant; (b) Name and address of all financially interested parties of the firm; (c) If the applicant is a corporation,the names and addresses of all of the officers of the corporation; (d) Name and address of manager or person to be in charge of premises; (e) Address or location of the proposed pool or billiard hall or room; (f) Number of tables to be operated; (g) Whether or not alcoholic beverages are to be sold on the premises; (h) List of any and all games and amusement machines and devices to be operated on the premises; (i) Signature of the applicant. (765-5/60) 9.32.020 Applicant--Criminal investigation. In addition to the written application as herein required, the applicant, manager and persons referred to in subsections (a), (b), (c) and(d) of section 9.32.010, shall personally appear before the chief of police or his authorized representative,prior to the City Council meeting when the application for Council Permit is to be heard, and have his or their fingerprints and photographs taken for the purpose of a criminal record investigation. (765-5/60) 9.32.030 Permit--Council grants or denies. The City Council shall have full power to grant a permit or reject an application. After Council and police investigation, if it shall appear that the person, firm or corporation is a proper person, firm or corporation to be so licensed,that the 5/67 9.32.030--9.32.120 Huntington Beach Municipal Code location and arrangement of the proposed place where the business is to be conducted is satisfactory,the Council may grant the permit and license, otherwise it shall reject and deny the same. (765-5/60) 9.32.040 Premises specifications. For police regulation and proper supervision, all businesses where games of billiards, pool or other indoor games are the primary source of income, shall be open to the public and conducted in a single room without partition. The main entrance or vestibule into said pool or billiard hall or room shall have glass panel doors, and said doors shall at all times be clear, unglazed and unobstructed so that all parts of the room will be open to the public view. At least 50 percent of the square footage of the building front open to the public shall be clear, clean glass which would make the interior of the game room visible from the public street, or walkway. (765,5/60, 1311-5/67) 9.32.050 Minors. No person operating any business regulated by this chapter shall allow any minor under the age of twenty-one to be or remain in any room accessible from, or in which such business is carried on if any alcoholic beverages are consumed, dispensed or sold on the same premises. (765-5/60, 1311-5/67) 9.32.060 Card games. No card tables or games of cards whether played for pleasure or for chance shall be allowed,permitted or carried on in any room in which any of the above businesses shall be conducted or in any room accessible therefrom. (765-5/60) 9.32.070 Prohibited practices. It is unlawful for any person, firm or corporation owning, operating or managing any business regulated by this chapter to permit or allow any person or persons to violate any of the provisions of Chapters 9.24, 9.28, 9.36 or 9.60 of the Huntington Beach Municipal Code, or sections 319 et seq., 330 et seq., and 337.1 of the Penal Code of the state of California while in or on the premises of such business. (765-5/60) 9.32.080 Permit--Posting. It is unlawful for any person, firm or corporation to operate or conduct any business regulated by this chapter for any period of time whatsoever without first having a Council Permit and a current and valid city license posted in a prominent and conspicuous place on the premises. (765-5/60) 9.32.090 Hours of business. All billiard and pool room businesses at which alcohol is consumed, dispensed or sold shall be closed between the hours of 2 a.m. and 6 a.m. All other billiard and pool room businesses shall be closed between the hours of 12:30 a.m. and 6:30 a.m. It shall be a violation of this section for any person except the owner, manager or janitor to be upon the premises during the closed hours. (765-5/60, 1311-5/67) 9.32.100 Operated in conjunction with other businesses. Whenever a pool and/or billiard room is operated in conjunction with a bowling center and a part of the bowling center operation, section 9.32.050 hereof pertaining to minors and section 9.32.090 hereof pertaining to hours of business shall not apply to such pool and/or billiard room;provided, however,that no person under the age of eighteen(18)years shall be permitted to be or allowed to remain in such pool and/or billiard room,unless the minor is accompanied by a parent, guardian or responsible adult. (854-8/61) 9.32.110 Permit--Revocation. In addition to the penalties provided for any violation of this chapter,the Council may revoke, or may instruct the chief of police to revoke, any permit or license issued for the conduct of said business for violations of any of the provisions of this chapter. (765-5/60) 9.32.120 Permit--Revocation--Appeal. Subsequent to revocation of a permit or license under the provisions of section 9.32.100,the permittee or licensee may petition the City Council for a public hearing by filing a written request with the City Clerk within ten(10) days after revocation. (765-5/60) 5/67 n , City Clerk' s Office ------------(FC) -- ( 5) ----------- City Atty' s book/chamber ^. Counter Records Manager Legislative drawer Codification HUNTINGTON BEACH ORDINANCE CODE UPDATES (Effective 7/5/94) a, Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Please Remove from Code Please Add to Code Article 973 Article 973 Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 d8afi1es\c1erk1anlordcd6.doc - r , Huntington Beach Ordinance Code 9730 Index ARTICLE 973 MISCELLANEOUS PROVISIONS (495-5/46, 517-10/47, 752-3/60, 1046-4/64, 1130-4/65, 1191-3/66, 1194-4/66, 1222-7/66, 1283-1/67, 1326-6/67, 1135-7/67, 1351-10/67, 1367-11/67, 1375-12/67, 1395-3/68, 1407-5/68, 1423-6/68, 1441-9/68, 1648-6/71, 1653-11/71, 1670-9/71, 1786-11/72, 1821-2/73, 2041-3/76, 2113-11/76, 2127-12/76, 2197-6/77, 2439-8/80, 2487-6/81, 2556-8/82, 2588-1/83, Urg Ord 2693-5/84, 2691-6/84, 2730-10/84, 2760-5/85, 2791-9/85, 2808B-12/85,. 2829-5/86, 2831-6/86, 2837-7/86, 3107-5/91, Urg. Ord. 3242A-7/94) Sections: 9730 Height limitations. Exception 9730.2 Public uses. All districts 9730.4 Dedication required 9730.6 Exceptions to required dedication 9730.8 Horticultural uses 9730.10 Right-of-way dedication determinants 9730.12 Improvement required 9730.14 Improvement deferred 9730.16 Installation of improvements. Exception 9730.18 Encroaching-doors or entry gates 9730.20 Screening and rooftop mechanical features 9730.22 Minor accessory structures 9730.24 Agricultural stands , -� 9730.26 Christmas tree and pumpkin sales lots 9730.28 Trailer, temporary structures or construction offices 9730.30 Commercial coaches 9730.32 Subdivision sales offices and model homes 9730.34 Use permits required for multiple dwellings 9730.36 Home occupations. Conditions 9730.38 Inspection of premises 9730.40 Home occupation application 9730.42 Revocation of home occupation permit. Appeal 9730.44 Commercial, professional and industrial uses. Housing of goods 9730.48 Nonrelated persons. Twenty-four hour care 9730.50 Applications. Criteria for 9730.52 Temporary commercial parking lots 9730.54 Temporary commercial parking lots. Revocation of use permit 9730.56 Seasonal parking lots 9730.57 Seasonal parking lots. Conformance to standards prior to permit. Revocation of permit 9730.58 Automobile related standards 9730.60 Trash areas 9730.62 Archeological remains _ 9730.64 Temporary outdoor events 9730.66 Residential parking requirements. Coastal zone 9730.68 Private garages and carports. Residential uses 9730.70 Certificate of occupancy 9730.80 Certificate to operate 9730.85 Satellite dish antennas 9730.85.1 General provisions 9730.85.2 Satellite dish antennas attached to main structures 9730.85.3 Satellite dish antennas detached from main structures 9730.85.4 Satellite dish antennas--Exception 7/94 47 4 Y 9730--9730.6(b) Huntington Beach Ordinance Code Y 9730.86 Transportation demand management 9730.86.1 Purpose and intent 9730.86.2 Definitions 9730.86.3 Applicability 9730.86.4 Site development standards 9730.87 Residential Infill Developments - General Provisions 9730.87.1 Residential Infill Lot - Definition 9730.87.2 Infill Lot Design Considerations 9730 Height Limitations. Exception. Except as provided for industrial districts, height limitations specified for each district may be exceeded up to ten (10) feet for the following: chimneys, cooling towers, flagpoles, scenery lofts, water tanks, ornamental towers, spires, domes, cupolas, oil well derricks, parapet walls not more than four (4) feet high, rooftop mechanical equipment, public utility facilities, structures and necessary mechanical appurtenances such as boiler frameworks, turbines, generators, and related mechanical fixtures, transmission towers, or other similar equipment not designed for habitation. Exceptions of more than ten (10) feet to district height limitation for the above shall be subject to approval of a use permit by the Zoning Administrator. Structures for wind-driven generators are not exempt under this section. (2556-8/82) 9730.2 Public Uses. All Districts. Except community facilities and civic district structures which are subject to review by the Design Review Board, the limitations of this code shall not be deemed to prohibit in any district any of the following uses: (a) Public buildings owned by the City and the customary uses of such buildings. i (b) Public schools, including usual, customary facilities in connection therewith. (c) Public parks including recreation, storage and service buildings common thereto. (d) Commercial enterprises, concessions or amusements operated for gain which are incidental to a public facility. (2556-8/82) 9730.4 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. (2556-8/82) 9730.6 Exceptions to Required Dedication. Dedication shall not be required prior to issuance of a building permit for: (a) 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. ~ , (b) 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. 7/94 Huntington Beach Ordinance Code 9730.6(c)--9730.14 (c) Fences and walls. (d) Temporary uses, as specified in this article. (2556-8/82) 9730.8 Horticultural Uses. Prior to use of land for any horticultural 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. 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. The dedication herein required may be reviewed at the time of entitlement, upon request by the applicant, and 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. (2556-8/82) 9730.10 Right-of-Way Dedication Determinants. Right-of-way dedication width shall be determined by either of the following: (a) Department of Public Works standard plans; or (b) A precise plan of street, highway or alley alignment. (2556-8/82) 9730.12 Improvement Required. (a) No building permit shall be issued by the Community Development Department until an application for permit has been filed, street improvement plans and specifications have been submitted for plan check, and all fees, established by resolution of the City Council, have been paid. The Community Development Department shall issue such building permit after determining that the work described in the application and the accompanying plans conforms to requirement of the Huntington Beach Building Code and other pertinent laws and ordinances. (b) The Community Development Department 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. (2556-8/82) 9730.14 Improvements Deferred. Improvements required by this article may be deferred in the following instances and upon adherence to the following requirements and regulations: 7/94 9730.14(a)--9730.22 Huntington Beach Ordinance Code (a) Where the grade of the abutting right-of-way has not been established prior to the time when on-site structures qualify for final release for occupancy. (b) Where a drainage system would be delayed by the installation of improvements. (c) Where an agreement is entered into with the City to install improvements by a late 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 such section (c) 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. (2556-8/82, 2588-1/83) (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 nonrefundable fee set by resolution of the City Council shall accompany such application. (2588-1/83) 9730.16 Installation of Improvements. Exception. 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. (2556-8/82) 9730.18 Encroaching Doors or Entry Gates. No door of a private garage or portion of a main building used as a garage, or an entry gate shall be so installed so as to extend into any public right-of-way when open or being opened. (2556-8/82) 9730.20 Screening and Rooftop Mechanical Features. No rooftop mechanical feature or appurtenance, except for solar equipment, shall be visible from any adjacent public right-of-way. (2556-8/82) 9730.22 Minor Accessory Structures. Minor accessory structures such as cabinets, sheds, pet shelters, and children's playhouses which do not exceed sixty-four (64) square feet of floor area, eighty (80) square feet of roof area and a height of six (6) feet shall be permitted in any district. Such structures shall be located in the rear two-thirds of the lot and shall not be subject to rear and side yard setbacks required for detached accessory buildings. If any such structure exceeds forty-two (42) inches high and is located in the required side yard setback for the dwelling, a minimum clearance of five (5) feet shall be maintained between said structure and the dwelling to permit access to the rear yard. (2556-8/82, 2760-5/85) 7/94 t Huntington Beach Ordinance Code 9730.24--9730.26(b) 9730.24 Agricultural Stands. Agricultural stands may be permitted in any district as a temporary use subject to approval of an administrative review application by the Zoning Administrator, and compliance with the following: (a) Stands shall be located within the agricultural area where the produce is grown. (b) Such temporary use shall be limited to the sale of produce grown on the parcel or on adjacent parcels under common ownership or under lease by the applicant. (c) Stands shall not be located closer than twenty (20) feet to the edge of the street pavement, and in no case shall encroach on a public right-of-way. (d) In the event additional right-of-way is needed or additional improvements are installed, the applicant shall be required to relocate the structure at his expense, and in compliance with all provisions of this section. (e) Adequate off-street parking shall be provided, and oiled to meet Department of Public Works standards whenever necessary to control weed growth. (f) Prior to issuance of a business license or building permit, a one hundred dollar ($100) cash bond shall be posted with the City Treasurer to guarantee removal of temporary stands on termination of the use, and to guarantee maintenance of the property. Said bond shall be accompanied by a signed agreement which allows the City to enter upon the premises to remove the building structure if it becomes a nuisance, a hazard or is in disrepair. (g) Approval of an administrative review application shall be limited to one (1) year unless otherwise stipulated by the Zoning Administrator. (h) Request for permission to erect a sign shall be included with the application for administrative review, and any changes to be made to such sign shall be subject to approval of the Zoning Administrator. (2556-8/82) 9730.26 Christmas Tree and Pumpkin Sales Lots. Christmas tree and pumpkin sales lots are permitted adjacent to any arterial highway in any district as a temporary use subject to approval by the Director and compliance with the following: (a) Storage and display of trees and pumpkins shall be set back not less than ten (10) feet from the edge of the street pavement, and shall not encroach on the public right-of-way. (b) All utility poles, temporary structures, signs, trash, including any unsold trees or pumpkins, etc. shall be removed, and the site completely restored to its original condition not late than January 3 of the following year for Christmas tree sales, and November 10 of the same year for pumpkin sales. 7/94 r t 9730.26(c)--9730.30 Huntington Beach Ordinance Code (c) Temporary shelters shall be constructed according to Community Development Department standards. (d) No operation of a Christmas tree sales lots shall commence until permission has been granted by the Fire Department after an on-site inspection has been made to insure that all conditions of local and state codes are met. (e) A minimum of ten (10) off-street parking spaces shall be provided. (f) 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. (g) Prior to issuance of a business license for undeveloped or unimproved sites, a five hundred dollar ($500) cash bond shall be posted with the City to insure removal of any structure, clean-up of the site upon termination of the temporary use, and to guarantee maintenance of the property. (2556-8/82) 9730.28 Trailer, Temporary Structures or Construction Offices. Trailers or temporary structures may be used on construction sites provided the use is the same as the future use of the building under construction, or is used as a construction office. (a) A temporary construction facility permit, limited to one (1) year, shall be issued for a trailer used for the same purpose as the building under construction, subject to such reasonable conditions as may be imposed by the Director. The applicant may file a written request with the Director to extend the permit for an additional one-year period. (b) Adequate off-street parking facilities shall be provided. (c) No trailer, temporary structure, or construction office shall be permitted to remain on site following completion of construction. (d) Prior to issuance of a permit, a five hundred dollar ($500) cash bond shall be posted with the City to guarantee removal of the trailer, temporary structure, or construction office. (e) No trailer, temporary structure, or construction office shall be located within twenty (20) feet of the edge of the public street pavement or encroach on a public right-of-way. (2556-8/82) 9730.30 Commercial Coaches. Commercial coaches may be allowed as an expansion of an existing use for a period not to exceed five (5) years subject to approval of a use permit by the Zoning Administrator, and provided that parking, access, setbacks, landscaping and all applicable provisions for the district where such commercial coach is to be located are met. Prior to issuance of a permit, a five hundred dollar ($500) cash bond shall be posted with the City to guarantee removal of such commercial coach. 7/94 Huntington Beach Ordinance Code 9730.30--9730.36(e) For the purpose of this section, "commercial coach" shall mean a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional or commercial use, which is required to be moved under permit, and shall include a trailer coach. (2556-8/82) 9730.32 Subdivision Sales Offices and Model Homes. Subdivision sales offices and model homes in conjunction with a subdivision may be permitted subject to approval of an administrative review application by the Zoning Administrator, and compliance with the following requirements: (a) The office use shall be discontinued within thirty (30) days following sale of the last on-site unit. A cash ,bond of one thousand dollars ($1000) shall be posted with the City for the sales office and for each model home to guarantee compliance with all provisions of this code and the Huntington Beach Building Code. Such model homes shall only serve the tract specified in the administrative review application. (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) The administrative review permit may be subject to review by the Zoning Administrator one (1) year after issuance to insure compliance with all City codes. (d) No sales office shall be converted or expanded into a general business office for the contractor or developer. (2556-8/82) 9730.34 Use Permits Required for Multiple Dwellings. A use permit shall be required for any multiple dwelling when any portion thereof is situated more than 150 feet from a public street. Where such multiple dwelling or portion thereof is an integral part of a proposed project, the use permit shall be required for the entire project, other provisions of this code notwithstanding. (2556-8/82) 9730.36 Home Occupations. Conditions. Home occupations may be permitted in mobilehome parks, and in Rl, R2, R3, and R4 districts provided the following conditions are met: (a) Business shall be restricted to one room in the dwelling and all materials, supplies, equipment, products, or facilities shall be stored and kept therein. (b) Garages shall not be used in connection with such business except to park business vehicles. (c) No person residing off the premises shall be employed. (d) There shall be no display of merchandise, projects, operations, signs, or nameplates of any kind visible from outside the dwelling. (e) The appearance of the dwelling shall not be altered, nor 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. 7/94 9730.36(f)--9730.42 Huntington Beach Ordinance Code (f) The occupation shall not increase pedestrian or vehicular traffic in the neighborhood. (g) The occupation shall not require the use of commercial vehicles for delivery of materials to or from the premises. (h) No commercial vehicle or equipment used in conjunction with the occupation shall be parked overnight on the street or in any yard area of the premises. (i) The occupation shall not create noise, odor, dust, vibration, fumes, or smoke readily detected at the boundaries of the parcel on which it is situated, and shall not create any disturbance which adversely affects electrical appliances located on adjacent properties. (j) All applicable provisions of the Uniform Fire Code shall be met. (k) A home occupation to give swimming instruction in an outdoor swimming pool shall be subject to approval of a use permit by the Zoning Administrator. Each swimming class shall be limited to four (4) students, and no more than two (2) vehicles shall be used to transport students to such classes. At the time application is made for a use permit, the applicant shall also furnish evidence of liability insurance conditioned that applicant shall indemnify and save harmless the City, its officers and employees from any and all loss, costs, damages, expenses or liability which may arise out of or /--� result from the granting of the permit or the conduct of the activity for which the use permit is issued, and all loss or damage that may be sustained by any person as a result of, or which may be caused by or arise out of the conduct of the activity for which the permit is issued. Such policy of insurance shall be written by an insurance company acceptable to the City, in the sums required by Resolution No. 4337 as it presently exists or may hereafter be amended, and shall be maintained in such sums at applicant's expense at all times during the period for which the use permit is in effect. (2556-8/82) 9730.38 Inspection of Premises. Any authorized City employee may inspect the premises for which application has been made or permission granted for a home occupation at any reasonable time. (2556-8/82) 9730.40 Home Occupation Application. At the time application is made to conduct a home occupation, the applicant shall pay a fee established by resolution of the City Council, and sign an affidavit that he understands all of the conditions of approval for the operation of such home occupation, and will comply with such conditions. Any violation of the conditions, set out hereinabove, or other conditions of approval imposed by the Zoning Administrator shall be cause for revocation of the authorization to conduct said occupation, and such occupation shall cease immediately upon revocation. (2556-8/82) 9730.42 Revocation of Home Occupation Permit. Appeal. A permit to conduct a home occupation may extend from year to year provided that there have been no complaints regarding the conduct of such operation. Upon receipt of` a complaint the Zoning Administrator shall hold a public hearing to review the 7/94 Huntington Beach Ordinance Code 9730.42--9730.52(b) ' application and determine whether such occupation may continue. The decision of the Zoning Administrator shall be final, subject to appeal as provided elsewhere in this code. (2556-8/82) 9730.44 Commercial, Professional and Industrial Uses. Housing of Goods. All goods, wares, merchandise, produce and other commodities which are stored or offered for sale or exchange in the professional, commercial, and industrial districts, shall be housed in permanent buildings except as otherwise provided by this code. (2556-8/82) 9730.48 Nonrelated Persons. Twenty-four Hour Care. No person shall conduct, operate or maintain, or permit to ,be conducted, operated or maintained, or participate in the conduct, maintenance or operation of a home for the care of nonrelated persons on a twenty-four (24) hour basis in the City of Huntington Beach until application for a use permit has been made and approved by the Zoning Administrator. (2556-8/82) 9730.50 Applications. Criteria For. The Zoning Administrator shall consider the following criteria when reviewing applications for the care of nonrelated persons: (a) The care of six (6) of fewer nonrelated persons shall be conducted only in a state-authorized, certified or licensed family care home, foster home or group home which complies with all applicable laws and regulations. Evidence of such authorization or license shall accompany the initial application. (b) A minimum of 150 square feet of floor area shall be provided for each person residing on the property. (c) A minimum of 150 square feet of fenced, outdoor play area with a minimum dimension of ten (10) feet shall be provided for each ambulatory child under the age of sixteen (16) . (d) In no way shall the appearance of the dwelling be altered whether by colors, materials, construction, lighting, windows, signs, sounds, or any other means so that it may be reasonably recognized as serving other than a residential use. (e) The number and location of all exits shall comply with the requirements of the Huntington Beach Building Code. For the purpose of this section nonrelated shall mean any person residing on the property who is not related by blood, marriage or legal adoption. (2556-8/82) 9730.52 Temporary Commercial Parking Lots. Temporary parking lots may be permitted for a period of five (5) years subject to approval of a use permit by the Zoning Administrator, and compliance with the following standards: (a) All parking space dimensions, striping, driveway widths and layout shall comply ,with Article 960. (b) Paving shall be two (2) inches of asphalt over ninety (90%) percent compacted native soil, or as approved by the Community Development Department. 7/94 9730.52(c)--9730.56(a) Huntington Beach Ordinance Code (c) On-site signs shall not exceed twelve (12) square feet, shall not be more than ten (10) feet high, and shall be in accord with the design " established for the municipal parking lot at the pier. (d) Landscaped planters, with an inside dimension of three (3) feet shall be provided along street side property lines excluding driveways. (e) All required landscaping shall be approved by the Department of Public Works pursuant to standard plans and specifications on file in such department. (f) All landscaped areas shall have sprinkler systems. (g) The physical boundaries of the parking lot shall be marked by low profile pilasters with chain or cable connectors or low profile wood poles and heavy rope connectors. The design and materials shall be approved by the Zoning Administrator. (h) Landscaping shall be protected from vehicle and pedestrian damage by one of the following methods: (1) Wheel bumpers (asphalt, concrete, or wood) . (2) Asphalt or concrete curbs, or (3) Any other design that will provide adequate protection, approved by the Zoning Administrator. (i) Parking lots equipped with automatic entry devices shall locate such devices at the entrance, set back twenty (20) feet from the right-of-way, or at a distance determined by the Zoning Administrator. (2556-8/82) 9730.54 Temporary Commercial Parking Lots. Revocation of Use Permit. The Zoning Administrator may revoke a use permit for any temporary commercial parking lot when the permittee fails to comply substantially with any of the conditions of approval or applicable provisions of the City codes, including failure to maintain the site in a clean, orderly condition, free of all debris and trash. (2556-8/82) 9730.56 Seasonal Parking Lots. Seasonal parking lots may be permitted from Memorial Day through the third weekend in September within one thousand (1,000) yards of the mean high tide line of the Pacific Ocean for a maximum of five (5) successive summer seasons, subject to annual approval of an administrative review application by the Zoning Administrator. Any seasonal parking lot which has operated for two consecutive summer seasons may thereafter be required by the Zoning Administrator to conform to the requirements set out in this article for temporary commercial parking lots. The following standards shall apply to seasonal parking lots: (a) Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of three (3) feet in height, solidly built. At a minimum, posts shall consist of 4" x4" wood or equivalent metal posts a minimum of one and one-half (1-1/2) inches in diameter securely set in the 7/94 Huntington Beach Ordinance Code 9730.56(a)--9730.57 ground and placed eight (8) feet on center. The posts shall be connected with at least one (1) strand of one-half (1/2) inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. A means of closing and locking of the access opening after business hours shall be provided. (b) All aisle dimensions, bay depths, driveway widths, circulation and turning radii, shall comply with Article 960 herein and Fire Department requirements. Median lines of parking bays shall be marked off by a physical barrier such as concrete wheel bumpers, telephone poles or equivalent. (c) Lots shall be surfaced to meet minimum specifications as established by the Public Works, Fire, and Community Development Departments for support of vehicles and to provide dust control. (d) The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site sufficient to accommodate and store all trash that accumulates on the lot. (e) Lots shall be secured to prevent overnight parking between the closing hour on one business day and the opening hour the following business day. (f) An attendant shall be on duty at all times during business hours. (g) Directional and informational signs shall be displayed on-site to provide identification of entry into the parking lot and charges for parking and hours of operation. Such signs shall be located at the entrance in a copy size visible to motorists entering the parking lot. On-site signs shall not exceed twelve (12) square feet and shall not be more than eight (8) feet high, nor less than six (6) feet high. Said signs shall be removed from the site each season no later than the third weekend each September. (h) An approved fire extinguisher shall be provided on the premises during business hours. (i) A certificate of insurance for combined single limit bodily injury and/or property damage including products liability in the amount of $300,000 per occurrence shall be filed with the Department of Administrative Services. (j) A hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services. (2556-8/82, Urg Ord 2693-5/84, 2691-6/84) 9730.57 Seasonal Parking Lots. Conformance to Standards Prior to Permit Revocation of Permit. Subsequent to approval of an application for a seasonal parking lot by the Zoning Administrator, the applicant shall meet all standards, requirements, and install all improvements. The parking lot shall be then inspected and approved by the City prior to issuance of a Certificate to Operate. The Zoning Administrator may revoke an administrative review application approval and the Certificate to Operate for a seasonal parking lot when the permittee fails to comply with standards and conditions set forth herein. (Urg Ord 2693-5/84, 2691-6/84) 7/94 9730.58--9730.64(b) Huntington Beach Ordinance Code 9730.58 Automobile Related Standards. The following standards shall be applicable in all districts which allow major and minor automobile repair uses not otherwise regulated by this code: (a) Service bays: (1) The ingress and egress to service bays shall be designed to minimize visual intrusion onto abutting property zoned or general planned for residential use. (2) Service bay doors shall be constructed of opaque materials. (3) Landscaping shall be in compliance 'with the provisions of this code and shall be designed to conceal service bays and the entrances thereto. (b) Outside storage: All outside storage shall be completely screened from view by a masonry wall, not over eight (8) feet high, and contained behind the front setback. Storage areas shall not be larger than 20 percent of the gross floor area of the main structure. (2556-8/82) 9730.60 Trash Areas. All commercial and industrial uses shall provide bins on-site for the storage of trash and refuse behind the required setback. Such areas shall be enclosed on three (3) sides by a six (6) foot high solid masonry wall and equipped with a six (6) foot gate facing away from the street. The design and materials used in such trash enclosures shall harmonize with the main structure. (2556-8/82) ; 9730.62 Archaeological Remains. The filing of an application for a use permit, accompanied by a fee established by resolution of the City Council, shall be required prior to any grading, digging, trenching, or other surficial disturbance to a depth of more than six (6) inches of any area appearing on an archeological map, or within one hundred (100) feet of such area. Archeological maps, adopted by the City Council as part of the Open Space and Conservation Element of the General Plan, are on file and available for inspection in the Community Development Department. (2556-8/82) 9730.64 Temporary Outdoor Events. (a) Except for swap meets which are expressly prohibited, temporary outdoor events, defined in Article 970, not otherwise regulated by the ordinances of this City, shall be permitted at the following locations upon approval of a use permit by the Zoning Administrator: (1) Commercial or industrial property. (2) Property abutting an arterial highway. (3) Parking lots, and (4) Public or private waterways. (b) No public hearing shall be required for temporary outdoor events lasting no longer than three (3) consecutive days. 7/94 Huntington Beach Ordinance Code 9730.64(c)--9730.80(b) (8) (c) Other provisions of this code notwithstanding, an applicant for a use permit to hold a temporary outdoor event shall appeal an adverse decision of the Zoning Administrator within two (2) days after such adverse decision has been rendered. 9730.66 Residential Parking Requirements. Coastal Zone. Each dwelling unit located in the California Coastal Zone shall have a minimum of two (2) on-site parking spaces. Such parking spaces may be arranged in tandem for that portion of the total parking requirement which exceeds the minimum parking requirement of the base zone, and the two-space tandem parking, as required herein, shall be assigned to the same dwelling unit. (2556-8/82) 9730.68 Private Garages and Carports. Residential Uses. All private garages and carports, permitted as accessory structures under applicable provisions of this code, shall be constructed at the same time as the main building. (2556-8/82) 9730.70 Certificate of Occupancy. Before any certificate of occupancy can be issued, the use for which such certificate of occupancy is to be obtained shall comply with all applicable City codes. (2556-8/82) 9730.80 Certificate to Operate. (a) Operation of any temporary, provisional or seasonal business or use of property, which does not require a Certificate of Occupancy, is prohibited and a business license will not be issued until a Certificate to Operate is issued by the Director. (b) After final inspection when it is found that the operation of a business or use of a property complies with the provisions of this code and other applicable laws, the Director shall issue a Certificate to Operate which shall contain the following: (1) The address or location of the business or property. (2) The name and address of the property owner. (3) The name and address of the business operator. (4) A description of the business or use of the property. (5) A statement that the business or use complies with the requirements of this code. (6) Signature of the Director or his duly authorized representative. (7) The dates and/or period of time during which the certificate is valid. (8) Certificate to Operate Fee. Whenever an application is made for a Certificate to Operate, a processing fee for the certificate of Occupancy in an amount established by resolution of the City Council shall be paid to the City. This fee shall be in addition to all other required fees. If subsequent review of the application results in denial of the Certificate to Operate, such fee shall not be refunded. (2556-8/82, Urg Ord 2693-5/84, 2691-6/840 7/94 9730.85--9730.85.3(c) Huntington Beach Ordinance Code 9730.85 Satellite dish antennas. The following provisions shall regulate the installation of satellite dish antennas on residential real property in this City. These regulations are not applicable to commercial or industrial developments. (2831-6/86) 9730.85.1 General provisions. (a) One satellite dish antenna shall only be permitted installation per single-family residential lot, apartment project, or planned residential development. (b) Maximum width of a satellite dish antenna shall be ten (10) feet in diameter. (c) All satellite dish antennas, including support structures and wiring, shall be screened from view from adjacent properties and public rights-of-way by the use of walls, fences, and/or landscaping materials. A minimum height of seven (7) feet is required for landscaping. (d) No advertising or text shall be permitted on a satellite dish antenna. (e) All antennas and the construction and installation thereof shall conform to building code and electrical code regulations and requirements. (f) Antennas shall meet all manufacturers' specifications, be of noncombustible and corrosive-resistant material, and be erected in a secure, wind-resistant manner. (g) Every antenna shall be adequately grounded for protection against a direct strike of lightning. (2831-6/86) 9730.85.2 Satellite dish antennas attached to main structures. When attached to a main structure the satellite dish antenna shall: (a) Not exceed the maximum building height for the district in which it is located; (b) Not encroach into any required setback; (c) Be screened from view from adjacent property or public rights-of-way through the use of parapet walls or other architectural elements, approved by the Director of set back sufficiently from street not to pose a visual obstruction. (2831-6/86) 9730.85.3 Satellite dish antennas detached from main structures. When detached from a main structure, a satellite dish antenna shall: (a) Be limited to a maximum height of ten (10) feet; (b) Maintain the setback requirements for accessory structures; and (c) Not be located within a required open space or private recreation area, or required parking space. (2831-6/86) 7/94 Huntington Beach Ordinance Code 9730.64(c)--9730.80(b) (8) 9730.85.4 Satellite dish antennas--Exception. A use permit application may be processed for those sites incapable of receiving signals from an antenna to be installed pursuant to these regulations. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area is necessary for the reception of usable satellite signals. (2831-6/86) 9730.86 Transportation demand management. All references to this section shall include Section 9730.86.1 through 9730.86.4. These regulations shall apply to all districts. (3107-5/91) 9730.86.1 Purpose and intent. It is the purpose and intent to meet the requirements of AB 1791 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. (3107-5/91) 9730.86.2 Definitions.For purposes of this Section, the definitions for the following terms shall apply: (a) 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. (b) Carpool: Two (2) to six (6) persons traveling together in a single vehicle. (c) Employee: Means any person employed by a firm, person(s) , business, educational institution, non-profit agency or corporation, government agency, or other entity which employs 100 or more persons at a single worksite. "Employee" shall include persons employed on a full-time, part-time,or temporary basis. (d) 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. (e) 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. (f) Mixed-Use Development: Means new development projects that integrate any one of these land uses with another: residential, office, commercial, industrial and business park. (g) Tenant: Means the lessee of facility space at a development project who may also serve as an employer. (h) 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. 7/94 9730.86.2--9730.86.3(d) (2) Huntington Beach Ordinance Code (i) Vanpool: Means a vehicle occupied by seven (7) or more persons traveling together. (j) 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. (3107-5/91) 9730.86.3 Applicability: (a) These regulations apply to any discretionary permit per Chapter 9800 for 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 d. 'This includes any permit for existing facilities that already have 100 or more employees or will have 100 or more employees. (b) These regulations apply to all districts, planned communities and specific plan areas including those covered by development agreements. These regulations shall supercede other ordinances in which there is a conflict. (c) Notwithstanding "a" above the following uses and activities shall be specifically exempt from the provisions of this section: (1) Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers. (2) Other temporary activities per Article 973 or as authorized by the Planning Commission when such temporary activities are for a period not to exceed 30 days and held no more than once a year. (d) Employee generation factors shall be based on one of the following: (1) Employment projections developed by the property owner, subject to approval by the Director of Community Development or his designee; (2) Building sizes shall be considered equivalent to the 100 employee threshold as follows: Building Size (in square feet) Type of Use Equivalent to 100 Employees Office/Professional 35,000 Hospital and Medical/Dental 40,000 Industrial (excluding Warehouses) 50,000 Commercial/Retail 50,000 Hotel 0.8 employees/hotel room Motel 1.2 Resort Hotel 100,000 Mixed or multiple use (1) Warehouse 100,000 7/94 Huntington Beach Ordinance Code 9730.86.3(1)--9730.86.4(c) (1) (1) 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. (3107-5/91) 9730.86.4 Site development standards: Development projects subject to this section shall comply with the following site development standards: (a) Parking for carpool vehicles (1) The following percentages of the total required parking spaces per Article 960 shall be reserved and designated for employee carpool vehicles by making such spaces "Carpool Only": Percent of Total Parking Devoted Type of Use to Employee Carpool Parking Office Professional 13% Hospital and Medical/Dental Office 9`b Industrial/Warehouse 14% Commercial/Retail 5% Hotel 1 space for every 2 employees (2) 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 of Community Development. (b) 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. (1) Lockers shall be provided at a minimum ratio of 1 for every 20 employees based. (2) Separate shower facilities shall be provided at a minimum rate of 2 per 100 employees. (c) Bicycle Parking (1) 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. 7/94 9730.86.4(c)(2)--9730.87 Huntington Beach Ordinance Code (2) 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. (d) 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. (e) Passenger Loading Areas Unless determined unnecessary by the decision-maker, per Chapter 98, passenger loading areas to embark and disembark passengers from rideshare vehicles and public transportation shall be provided as follows: (1) Passenger loading area shall be large enough to accommodate the number of waiting vehicles equivalent to 1% of the required parking for the project. (2) 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. (f) Parking for Vanpool Vehicles Unless determined unnecessary by the decision-maker, per Chapter 98, parking for vanpool vehicles shall be provided as follows: (1) 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". (2) For parking structures, vanpool vehicle accessibility shall include minimum 7'2" vertical clearance. (3) Vanpool parking spaces shall be located near identified employee entrance(s) or other preferential locations. (g) Bus Stops Unless determined unnecessary by the decision-maker, per Chapter 98, bus shelter, pullouts, and pads shall be provided as necessary in consultation with affected transit service providers. (3107-5/91) 9730.87 Residential Infill Developments - General provisions. These residential infill requirements are intended to minimize impacts on adjacent residential developments and provide development 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. (Urg. 3242A-7/94) 7/94 Huntington Beach Ordinance Code 9730.87--9730.87.2(C) (1) The location, site plan, and building design shall be harmonious and compatible with the streets, driveways, property lines, and surrounding neighborhood. Compatibility considerations shall include, but not be limited to: lot size, lot frontages, building layout, building configuration and design, building product type, grade height and building height relative to existing dwellings, and visual intrusion concerns. The Director of Community Development shall cause all requests for plan check and issuance of building permits for infill lot development to be reviewed in accordance with Section 9730.87.2. (Urg. Ord. 3242A-7/94) 9730.87.1 Residential Infill Lot - Definition. An infill lot is a vacant parcel of land intended for single family development which is adjacent to one or more existing single family residential units excluding parcels which are separated by streets. Room additions are exempt from this definition. (Urg. Ord. 3242A-7/94) 9730.87.2 Infill lot design considerations. (Urg. Ord. 3242A-7/94) A. Privacy Design Standards. (Urg. Ord. 3242A-7/94) 1. New residences shall off-set windows to insure maximum privacy for existing residences. The use of opaque glass or similar material, should be used for -all bathroom windows facing existing residences. Consider locating windows high on elevations to allow light and ventilation, and insure privacy. (Urg. Ord. 3242A-7/94) 2. Minimize the canyon effect between houses by clipping roof elevations on sideyards. Provide roof line variations throughout infill development. (Urg. Ord. 3242A-7/94) 3. Provide architectural features (projections, off-sets) to break up massing and bulk. (Urg. Ord. 3242A-7/94) 4. Upper story balconies shall be oriented toward its own front or rear yard areas. (Urg. Ord. 3242A-7/94) B. Setbacks. (Urg. Ord. 3242A-7/94) 1. Whenever possible all base district setbacks shall be maximized to provide increased separation between new developments and existing residences. Footprints for new residences shall be off-set to increase privacy. (3242A-7/94) 2. Provide off-set in front building setbacks throughout infill development. (3242A-7/94) 3. Pool equipment and air conditioning equipment shall be located at a location which maximizes its distance from existing residential development, and minimizes its distance from the new structure which it serves. (3242A-7/94) C. Miscellaneous. 1. Pad height for new construction shall match to the extent possible, grades of adjacent residences. Any property owner who intends to add 7/94 9730.87.2(C)(1)--9730.87.2(D) Huntington Beach Ordinance Code y� more than two (2) feet of fill to an infill lot or to add any fill to a lot where the grade differential is already two (2) feet or more above an adjacent lot shall demonstrate to the satisfaction of the City Engineer that there is no other acceptable method to drain the property adequately. 2. Landscaping shall be designed to maximize privacy for both existing residences and new residences. (Urg. Ord. 3242A-7/94) 3. When possible driveways shall be located on the side of the property closest to the driveway on the adjoining property. (Urg. Ord. 3242A-7/94) D. Public Notification Requirements. (Urg. Ord. 3242A-7/94) Three days prior to submittal for plan check, the applicant shall give notice of the application to adjacent property owners by first class mail. The notice of application shall include the following: a. name of applicant b. location of planned development C. nature of the planned development, including maximum building height and square footage.. 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 submittal. f. the address of the Department of Community Development. (Urg. Ord. 3242A-7/94) The applicant shall submit proof of mailing of the notice when submitting the application for plan check. The adjacent property owners shall have ten (10) working days from plan check submittal to provide comments regarding the application to the Director of Community Development. All decisions of the Director regarding the application shall be final. (Urg. Ord. 3242A-7/94) 7/94 ARTICLE 973 j MISCELLANEOUS PROVISIONS 495-5/46, 517-10/47, 752-3/60, 1046-4/64, 1130-4/65, 1191-3/66, 1194-4/66, 1222-7/66, 1283-1/67, 1326-6/67, 1335-7/67, 1351-10/67, 1367-11/67, 1375-12/67, 1395-3/68, 1407-5/68, 1423-6/68, 1441-9/68, 1648-6/71 , 1653-11/71 , 1670-9/71 , 1786-11/72, 1821-2/73, 2041-3/76, 2113-11/76, 2127-12/76, 2197-6/77, 2439-8/80, 2487-6/81 , 2556-8/82, 2588-1/83, 2691-6/84, Urg Ord 2693-5/84, 2730-10/84, 2760-5/85, 2791-9/85, 2808B-12/85, 2831-6/86, 3107-5/91) Sections• 9730 Height limitations. Exception. 9730.2 Public uses. All districts. 9730.4 Dedication required. 9730.6 Exceptions to required dedication. 9730.8 Horticultural uses. 9730.10 Right-of-way dedication determinants. 9730.12 Improvement required. 9730.14 Improvements deferred. 9730.16 Installation of improvements. Exception. 9730.18 Encroaching doors or entry gates. S 9730.20 Screening and rooftopmechanical features. 9730.22 Minor accessory structures. 9730.24 Agricultural stands. 9730.26 Christmas tree and pumpkin sales lots. 9730.28 Trailer, temporary structures or construction offices. 9730.30 Commercial coaches. 9730.32 Subdivision sales offices and model homes. 9730.34 Use permits required for multiple dwellings. 9730.36 Home occupations. Conditions. 9730.38 Inspection of premises. 9730.40 Home occupation application. 9730.42 Revocation of home occupation permit. Appeal . 9730.44 Commercial , professional and industrial uses. Housing of goods. 9730.48 Nonrelated persons. Twenty-four hour care. 9730.50 Applications. Criteria for. 9730.52 Temporary commercial parking lots. 9730.54 Temporary commercial parking lots. Revocation of use permit. 9730.56 Seasonal parking lots. 9730.57 Seasonal parking lots. Conformance to standards prior to permit. Revocation of permit. 9730.58 Automobile related standards. 9730.60 Trash areas. 9730.62 Archeological remains. 9730.64 Temporary outdoor events. 9730.66 Residential parking requirements. Coastal zone. 9730.68 Private garages and carports. Residential uses. 9730.70 Certificate of occupancy. j 9730.80 Certificate. to operate. 9730.85 Satellite dish antennas. 9730.85.1 General provisions. 9730.85.2 Satellite dish antennas attached to main structures. 9730.85.3 Satellite dish antennas detached from main structures. 9730.85.4 Satellite dish antennas--Exception. 5/91 9730--9730.6(b) 9730.86 Transportation demand management. 9730.86.1 Purpose and intent. 9730.86.2 Definitions. 9730.86.3 Applicability. 9730.86.4 Site" development standards. 9730 Height Limitations. Exception. Except as" provided for industrial districts, height limitations specified for each district may be exceeded up to ten (10) feet for the following: chimneys, cooling towers, flagpoles, scenery lofts, water tanks, ornamental towers, spires, domes, cupolas, oil well derricks, parapet walls not more than four (4) feet high, rooftop mechanical equipment, public utility facilities, structures and necessary mechanical appurtenances such as boiler frameworks, turbines, generators, and related mechanical fixtures, transmission towers, or other similar equipment not designed for habitation. Exceptions of more than ten (10) feet to district height limitations for the above shall be subject to approval of a use permit by the Zoning Administrator. Structures for wind—driven generators are not exempt under this section. 9730.2 Public Uses. All Districts. Except community facilities and civic district structures which are subject to review by the Design Review Board, the limitations of this code shall not be deemed to prohibit in any district any of the following uses: (a) Public buildings owned by the City and the customary uses of such buildings. (b) Public schools, including usual , customary facilities in connection: therewith. (c) Public parks including recreation, storage and service buildings- common thereto. (d) Commercial enterprises, concessions or amusements operated for gain which are incidental toL-a public facility. 9730.4 Dedication Required. Prior to issuance of a building permit,- o'r ' 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 ea-sements. 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. 9730.6 Exceptions to Required Dedication. Dedication shall not be required prior to issuance of a building permit for: (a) 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. (b) 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. 5/91 CUc 9730.6(c)--9730.14 (c) Fences and walls. (d) Temporary uses, as specified in this article. 9730.8 Horticultural Uses. Prior to use of land for any horticultural 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. 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. The dedication herein required may be reviewed at the time of entitlement, upon request by the applicant, and 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 r such horticultural use. 9730.10 Right-of-Way Dedication Determinants. Right-of-way dedication width shall be determined by either of the following: (a) Department of Public Works standard plans; or (b) A precise plan of street, highway or alley alignment 9730.12 Improvement Required. (a) No building permit shall be issued by the Community Development Department until an application for permit has been filed, street improvement plans and specifications have been submitted for plan check, and all fees, established by resolution of the City Council , have been paid. The Community Development Department 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. (b) The Community Development Department 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. 9730.14 Improvements Deferred. Improvements required by this article may be deferred in the following instances and upon adherence to the following requirements and regulations: 5/91 9730.14(a)--9730.22 (a) Where the grade of the abutting right-of-way has not been established _ prior to the time when on-site structures qualify for final release for occupancy. (b) Where a drainage system would be delayed by the installation of improvements. (c) Where an agreement is entered into with the City to install improvements by a late 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 such section (c) 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 nonrefundable fee set by -.resolution of the City Council shall accompany such application. (2588-1/83) 9730.16 Installation of Improvements. Exception. Where construction is limited to one lot and the erection of a detached single-family dwelling n 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. 9730.18 Encroaching Doors or Entry Gates. No door of a private garage or portion of a main building used as a garage, or an entry gate shall be so installed so as to extend into any public right-of-way when open or being opened. 9730.20 Screening and Rooftop Mechanical Features. No rooftop mechanical feature or appurtenance, except for solar equipment, shall be visible from any adjacent public right-of-way. 9730.22 Minor Accessory Structures. Minor accessory structures such as cabinets, sheds, pet shelters, and ch.i.ldren' s playhouses which do not exceed sixty-four (64) square feet of floor area, eighty (80) square feet of roof area and a height of six (6) feet shall be permitted in any district. Such structures shall be located in the rear two-thirds of the lot and shall not be subject to rear and side yard setbacks required for detached accessory buildings. (2760-5/85) If any such structure exceeds forty-two (42) inches high and is located in the required side yard setback for the dwelling, a minimum clearance of five (5) feet shall be maintained between said structure and the dwelling to permit access to the rear yard. (2760-5/85) 5/91 9730.24--9730.26(b) _ 9730.24 Agricultural Stands. Agricultural stands may be permitted in any district as a temporary use subject to approval of an administrative review application by the Zoning Administrator, and compliance with the following: (a) Stands shall be located within the agricultural area where the produce is grown. (b) Such temporary use shall be limited to the sale of produce grown on the parcel or on adjacent parcels under common ownership or under lease by the applicant. (c) Stands shall not be located closer than twenty (20) feet to the edge of the street pavement, and in no case shall encroach on a public right-of-way. (d) In the event additional right-of-way is needed or additional improvements are installed, the applicant shall be required to relocate the structure at his expense, and in compliance with all provisions of this section. (e) Adequate off-street parking shall be provided, and oiled to meet Department of Public Works standards whenever necessary to control weed growth. (f) Prior to issuance of a business license or building permit, a one hundred dollar ($100) cash bond shall be posted with the City Treasurer to guarantee removal of temporary stands on termination of the use, and to guarantee maintenance of the property. Said bond shall be accompanied by a signed agreement which allows the City to enter upon the premises to remove the building structure if it becomes a nuisance, a hazard or is in disrepair. (g) Approval of an administrative review application shall be limited to one (1 ) year unless otherwise stipulated by the Zoning Administrator. (h) Request for permission to erect a sign shall be included with the application for administrative review, and any changes to be made to such sign shall be subject to approval of the Zoning Administrator. 9730.26 Christmas Tree and Pumpkin Sales Lots. Christmas tree and pumpkin sales lots are permitted adjacent to any arterial highway in any district as a temporary use subject to approval by the Director and compliance with the following: (a) Storage and display of trees and pumpkins shall be set back not less than ten (10) feet from the edge of the street pavement, and shall not encroach on the public right-of-way. (b) All utility poles, temporary structures, signs, trash, including any unsold trees or pumpkins, etc. shall be removed, and the site completely restored to its original condition not later than January 3 of the following year for Christmas tree sales, and November 10 of the same year for pumpkin sales. 5/91 9730.26(c)--9730.30 (c) Temporary shelters shall be constructed according to Community Development Department standards. (d) No operation of a Christmas tree sales lots shall commence until permission has been granted by the Fire Department after an on-site inspection has been made to insure that all conditions of local and state codes are met. (e) A minimum of ten (10) off-street parking spaces shall be provided. (f) 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. (g) Prior to issuance of a business license for undeveloped or unimproved sites, a five hundred dollar ($500) cash bond shall be posted with the City to insure removal of any structure, clean-up of the site upon termination of the temporary use, and to guarantee maintenance of the property. 9730.28 Trailer, Temporary Structures or Construction Offices. Trailers or temporary structures may be used on construction sites provided the use is the same as the future use of the building under construction, or is used as a construction office. (a) A temporary construction facility permit, limited to one (1) year, shall be issued for a trailer used for the same purpose as the building under construction, subject to such reasonable conditions as may be imposed by the Director. The applicant may file a written request with the Director to extend the permit for an additional one-year period. (b) Adequate off-street parking facilities shall be provided. (c) No trailer, temporary structure, or construction office shall be permitted to remain on site following completion of construction. (d) Prior to issuance of a permit, a five hundred dollar ($500) cash bond shall be posted with the City to guarantee removal of the trailer, temporary structure, or construction office. (e) No trailer, temporary structure, or construction office shall be located within twenty (20) feet of the edge of the public street pavement or encroach on a public right-of-way. 9730.30 Commercial Coaches. Commercial coaches may be allowed as an expansion of an existing use for a period not to exceed five (5) years subject to approval of a use permit by the Zoning Administrator, and provided that parking, access, setbacks, landscaping and all applicable provisions for the district where such commercial coach is to be located are met. Prior to issuance of a permit, a five hundred dollar ($500) cash bond shall be posted with the City to guarantee removal of such commercial coach. 5/91 9730.30--9730.36(e) For the purpose of this section, "commercial coach" shall mean a structure transportable in one or more sections, designed and equipped for human occupancy for industrial , professional or commercial use, which is required to be moved under permit, and shall include a trailer coach. 9730.32 Subdivision Sales Offices and Model Homes. Subdivision sales offices and model homes in conjunction with a subdivision may be permitted subject to approval of an administrative review application by the Zoning Administrator, and compliance with the following requirements. (a) The office use shall be discontinued within thirty (30) days following sale of the last on—site unit. A cash bond of one thousand dollars ($1000) shall be posted with the City for the sales office and for each model home to guarantee compliance with all provisions of this code and the Huntington Beach Building Code. Such model homes shall only serve the tract specified in the administrative review application. (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) The administrative review permit may be subject to review by the Zoning Administrator one (1) year after issuance to insure compliance with all City codes. (d) No sales office shall be converted or expanded into a general business office for the contractor or developer. 9730.34 Use Permits Required for Multiple Dwellings. A use permit shall be required for any multiple dwelling when any portion thereof is situated more than 150 feet from a public street. Where such multiple dwelling or portion thereof is an integral part of a proposed project, the use permit shall be required for the entire project, other provisions of this code notwithstanding. 9730.36 Home Occupations. Conditions. Home occupations may be permitted in mobilehome parks, and in R1 , R2, R3 and R4 districts provided the following conditions are met: (a) Business shall be restricted to one room in the dwelling and all materials, supplies, equipment, products, or facilities shall be stored and kept therein. (b) Garages shall not be used in connection with such business except to park business vehicles. (c) No person residing off the premises shall be employed. (d) There shall be no display of merchandise, projects, operations, signs, or nameplates of any kind visible from outside the dwelling. (e) The appearance of the dwelling shall not be altered, nor 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. 5/91 9730.36(f)--9730.42 (f) The occupation shall not increase pedestrian or vehicular traffic in the neighborhood. (g) The occupation shall not require the use of commercial vehicles for delivery of materials to or from the premises. (h) No commercial vehicle or equipment used in conjunction with the occupation shall be parked overnight on the street or in any yard area of the premises. (i ) The occupation shall not create noise, odor, dust, vibration, fumes, or smoke readily detected at the boundaries of the parcel on which it is situated, and shall not create any disturbance which adversely affects electrical appliances located on adjacent properties. (j) All applicable provisions of the Uniform Fire Code shall be met. (k) A home occupation to give swimming instruction in an outdoor swimming pool shall be subject to approval of a use permit by the Zoning Administrator. Each swimming class shall be limited to four (4) students, and no more than two (2) vehicles shall be used to transport students to such classes. At the time application is made for a use permit, the applicant shall also furnish evidence of liability insurance conditioned that applicant shall indemnify and save harmless the City, its officers and employees from any and all loss, costs, damages, expenses or liability which may arise out of or result from the granting of the permit or the conduct of the activity for which the use permit is issued, and all loss or damage that may be sustained by any person as a result of, or which may be caused by or arise out of the conduct of the activity for which the permit is issued. Such policy of insurance shall be written by an insurance company acceptable to the City, in the sums required by Resolution No. 4337 as it presently exists or may hereafter be amended, and shall be maintained in such sums at applicant' s expense at all times during the period for which the use permit is in effect. 9730.38 Inspection of Premises. Any authorized City employee may inspect the premises for which application has been made or permission granted for a home occupation at any reasonable time. 9730.40 Home Occupation Application. At the time application is made to conduct a home occupation, the applicant shall pay a fee established by resolution of the City Council , and sign an affidavit that he understands all of the conditions of approval for the operation of such home occupation, and will comply with such conditions. Any violation of the conditions, set out hereinabove, or other conditions of approval imposed by the Zoning Administrator shall be cause for revocation of the authorization to conduct said occupation, and such occupation shall cease immediately upon revocation. 9730.42 Revocation of Home Occupation Permit. Appeal . A permit to conduct a home occupation may extend from year to year provided that there have been no complaints regarding the conduct of such operation. Upon receipt of a complaint the Zoning Administrator shall hold a public hearing to review the 5/91 9730.42--9730.52(b) application and determine whether such occupation may continue. The decision of the Zoning Administrator shall be final , subject to appeal as provided elsewhere in this code. 9730.44 Commercial . Professional and Industrial Uses Housing of Goods. All goods, wares, merchandise, produce and other commodities which are stored or offered for sale or exchange in the professional , commercial , and industrial districts, shall be housed in permanent buildings except as otherwise provided by this code. 9730.48 Nonrelated Persons Twenty-four Hour Care. No person shall conduct, operate or maintain, or permit to be conducted, operated or maintained, or participate in the conduct, maintenance or operation of a home for the care of nonrelated persons on a twenty-four (24) hour basis in the City of Huntington Beach until application for a use permit has been made and approved by the Zoning Administrator. 9730.50 Applications. Criteria For. The Zoning Administrator shall consider the following criteria when reviewing applications for the care of nonrelated persons: (a) The care of six (6) or fewer nonrelated persons shall be conducted only in a state-authorized, certified or licensed family care home, foster home or group home which complies with all applicable laws and regulations. Evidence of such authorization or license shall accompany the initial application. (b) A minimum of 150 square feet of floor area shall be provided for each person residing on the property. (c) A minimum of 150 square feet of fenced, outdoor play area with a minimum dimension of ten (10) feet shall be provided for each ambulatory child under the age of sixteen (16) . (d) In no way shall the appearance of the dwelling be altered whether by colors, materials, construction, lighting, windows, signs, sounds, or any other means so that it may be reasonably recognized as serving other than a residential use. (e) The number and location of all exits shall comply with the requirements of the Huntington Beach Building Code. For the purpose of this section nonrelated shall mean any person residing on the property who is not related by blood, marriage or legal adoption. 9730.52 Temporary Commercial Parking Lots. Temporary parking lots may be permitted for a period of five (5) years subject to approval of a use permit by the Zoning Administrator, and compliance with the following standards: (a) All parking space dimensions, striping, driveway widths an layout shall comply with Article 960. (b) Paving shall be two (2) inches of asphalt over ninety (90%) percent compacted native soil , or as approved by the Community Development Department. 5/91 9730.52(c)--9730.56(a) (c) On-site signs shall not exceed twelve (12) square feet, shall not be more than ten (10) feet high, and shall be in accord with the design established for the municipal parking lot at the pier. (d) Landscaped planters, with an inside dimension of three (3) feet shall be provided along street side property lines excluding driveways. (e) All required landscaping shall be approved by the Department of Public Works pursuant to standard plans and specifications on file in such department. (f) All landscaped areas shall have sprinkler systems. (g) The physical boundaries of the parking lot shall be marked by low profile pilasters with chain or cable connectors or low profile wood poles and heavy rope connectors. The design and materials shall be approved by the Zoning Administrator. (h) Landscaping shall be protected from vehicle and pedestrian damage by one of the following methods: (1 ) Wheel bumpers (asphalt, concrete, or wood) . (2) Asphalt or concrete curbs, or (3) Any other design that will provide adequate protection, approved by the Zoning Administrator. (i) Parking lots equipped with automatic entry devices shall locate \ such devices at the entrance, set back twenty (20) feet from the right-of-way, or at a distance determined by the Zoning Administrator. i 9730.54 Temporary Commercial Parking Lots. Revocation of Use Permit. The Zoning Administrator may revoke a use permit for any temporary commercial parking lot when the permittee fails to comply substantially with any of the conditions of approval or applicable provisions of the City codes, including failure to maintain the site in a clean, orderly condition, free of all debris and trash. 9730.56 Seasonal Parking Lots. Seasonal parking lots may be permitted from Memorial Day through the third weekend in September within one thousand (1 ,000) yards of the mean high tide line of the Pacific Ocean for a maximum of five (5) successive summer seasons, subject to annual approval of an administrative review application by the Zoning Administrator. Any seasonal parking lot which has operated for two consecutive summer seasons may thereafter be required by the Zoning Administrator to conform to the requirements set out in this article for temporary commercial parking lots. The following standards shall apply to seasonal parking lots: (a) Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of three (3) feet in height, solidly built. At a minimum, posts shall consist of 4" x 4" wood or equivalent metal posts a minimum of one and one-half (1-1/2) inches in diameter securely set in the 5/91 9730.56(a)--9730.57 ground and placed eight (8) feet on center. The posts shall be connected with at least one (1) strand of one-half (1/2) inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. A means of closing and locking of the access opening after business hours shall be provided. (b) All aisle dimensions, bay depths, driveway widths, circulation and turning radii , shall comply with Article 979 herein and Fire Department requirements. Median lines of parking bays shall be marked off by a physical barrier such as concrete wheel bumpers, telephone poles or equivalent. (c) Lots shall be surfaced to meet minimum specifications as established by the Public Works, Fire, and Community Development Departments for support of vehicles and to provide dust control . (d) The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site sufficient to accommodate and store all trash that accumulates on the lot. (e) Lots shall be secured to prevent overnight parking between the closing hour on one business day and the opening hour the following business ,day. (f) An attendant shall be on duty at all times during business hours. (g) Directional and informational signs shall be displayed on-site to provide identification of entry into the parking lot and charges for parking and hours of operation. Such signs shall be located at the entrance in a copy size visible to motorists entering the parking lot. On-site signs shall not exceed twelve (12) square feet and shall not be more than eight (8) feet high, nor less than six (6) feet high. Said signs shall be removed from the site each season no later than the third weekend each September. (h) An approved fire extinguisher shall be provided on the premises during business hours. (i ) A certificate of insurance for combined single limit bodily injury and/or property damage including products liability in the amount of $300,000 per occurrence shall be filed with the Department of Administrative Services. (j) A hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services. (Urg. 2693-5/84, 2691-6/84) 9730.57 Seasonal Parking Lots. Conformance to Standards Prior to Permit Revocation of Permit. Subsequent to approval of an application for a seasonal parking lot by the Zoning Administrator, the applicant shall meet all standards, requirements, and install all improvements. The parking lot shall be then inspected and approved by the City prior to issuance of a Certificate to Operate. The Zoning Administrator may revoke an administrative review application approval and the Certificate to Operate for a seasonal parking lot when the permittee fails to comply with standards and conditions set forth herein. (Urg. 2693-5/84, 2691-6/84) 5/91 9730.58--9730.64(b) 9730.58 Automobile Related Standards. The following standards shall be applicable in all districts which allow major and minor automobile repair uses not otherwise regulated by this code: (a) Service bays: (1 ) The ingress and egress to service bays shall be designed to minimize visual intrusion onto abutting property zoned or general planned for residential use. (2) Service bay doors shall be constructed of opaque materials. (3) Landscaping shall be in compliance with the provisions of this code and shall be designed to conceal service bays and the entrances thereto. (b) Outside storage: All outside storage shall be completely screened from view by a masonry wall , not over eight (8) feet high, and contained behind the front setback. Storage areas shall not be larger than 20 percent of the gross floor area of the main structure. 9730.60 Trash Areas. All commercial and industrial uses shall provide bins on-site for the storage of trash and refuse behind the required setback. Such areas shall be enclosed on three (3) sides by a six (6) foot high solid masonry wall and equipped with a six (6) foot gate facing away from the street. The design and materials used in such trash enclosures shall harmonize with the main structure. 9730.62 Archeological Remains. The filing of an application for a use permit, accompanied by a fee established by resolution of the City Council , shall be required prior to any grading, digging, trenching, or other surficial disturbance to a depth of more than six (6) inches of any area appearing on an archeological map, or within one hundred (100) feet of such area. Archeological maps, adopted by the City Council as part of the Open Space and Conservation Element of the General Plan, are on file and available for inspection in the Community Development Department. 9730.64 Temporary Outdoor Events. (a) Except for swap meets which are expressly prohibited, temporary outdoor events, defined in Article 970, not otherwise regulated by the ordinances of this City, shall be permitted at the following locations upon approval of a use permit by the Zoning Administrator: (1 ) Commercial or industrial property. (2) Property abutting an arterial highway. (3) Parking lots, and (4) Public or private waterways. (b) No public hearing shall be required for temporary outdoor events lasting no longer than three (3) consecutive days. 5/91 9730.64(c)--9730.80(b)(8) (c) Other provisions of this code notwithstanding, an applicant for a use ' permit to hold a temporary outdoor event shall appeal an adverse decision of the Zoning Administrator within two (2) days after such adverse decision has been rendered. 9730.66 Residential Parking Requirements. Coastal Zone. Each dwelling unit located in the California Coastal Zone shall have a minimum of two (2) on-site parking spaces. Such parking spaces may be arranged in tandem for that portion of the total parking requirement which exceeds the minimum parking requirement of the base zone, and the two-space tandem parking, as required herein, shall be assigned to the same dwelling unit. 9730.68 Private Garages and Carports. Residential Uses. All private garages and carports, permitted as accessory structures under applicable provisions of this code, shall be constructed at the same time as the main building. 9730.70 Certificate of Occupancy. Before any certificate of occupancy can be issued, the use for which such certificate of occupancy is to be obtained shall comply with all applicable City codes. 9730.80 Certificate to Operate. (a) Operation of any temporary, provisional or seasonal business or use of property, which does not require a Certificate of Occupancy, is prohibited and a business license will not be issued until a Certificate to Operate is issued by the director. (b) After final inspection when it is found that the operation of a business or use of a property complies with the provisions of this code and other applicable laws, the Director shall issue a Certificate to Operate which shall contain the following: (1 ) The address or location of the business or property. (2) The name and address of the property owner. (3) The name and address of the business operator. (4) A description of the business or use of the property. (5) A statement that the business or use complies with the requirements of this code. (6) Signature of the Director or his duly authorized representative. (7) The dates and/or period of time during which the certificate is valid. (8) Certificate to Operate Fee. Whenever an application is made for a Certificate to Operate, a processing fee for the Certificate of Occupancy in an amount established by resolution of the City Council shall be paid to the City. This fee shall be in addition to all other required fees. If subsequent review of the application results in denial of the Certificate to Operate, such fee shall not be refunded. (Urg. 2693-5/84, 2691-6/84) 5/91 9730.85--9730.85.3(c) 9730.85 Satellite dish antennas. The following provisions shall regulate the installation of satellite dish antennas on residential real property in this City. These regulations are not applicable to commercial or industrial developments. (2831-6/86) 9730.85.1 General provisions. (a) One satellite dish antenna shall only be permitted installation per single-family residential lot, apartment project, or planned residential development. (b) Maximum width of a satellite dish antenna shall be ten (10) feet in diameter. (c) All satellite dish antennas, including support structures and wiring, shall be screened from view from adjacent properties and public rights-of-way by the use of walls, fences, and/or landscaping materials. A minimum height of seven (7) feet is required for landscaping. (d) No advertising or text shall be permitted on a satellite dish antenna. (e) All antennas and the construction and installation thereof shall conform to building code and electrical code regulations and requirements. (f) Antennas shall meet all manufacturers' specifications, be of noncombustible and corrosive-resistant material , and be erected in a secure, wind-resistant manner. (g) Every antenna shall be adequately grounded for protection against a direct strike of lightning. (2831-6/86) 9730.85 2 Satellite dish antennas attached to main structures. When attached to a main structure the satellite dish antenna shall : (a) Not exceed the maximum building height for the district in which it is located; (b) Not encroach into any required setback; (c) Be screened from view from adjacent property or public rights-of-way through the use of parapet walls or other architectural elements, approved by the director or set back sufficiently from street not to pose a visual obstruction. (2831-6/86) 9730.85.3 Satellite dish antennas detached from main structures. When detached from a main structure, a satellite dish antenna shall : (a) Be limited to a maximum height of ten (10) feet; (b) Maintain the setback requirements for accessory structures; and (c) Not be located within a required open space or private recreation area, or required parking space. (2831-6/86) i 9730.85.4--9730.86.2(h) 9730.85.4 Satellite dish antennas--Exception. A use permit application may be processed for those sites incapable of receiving signals from an antenna to be installed pursuant to these regulations. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area is necessary for the reception of usable satellite signals. (2831-6/86) 9730.86 Transportation demand management. All references to this section shall include sections 9730.86.1 through 9730.86.4. These regulations shall apply to all districts. (3107-5/91 ) 9730.86.1 Purpose and intent. It is the purpose and intent to meet the requirements of AB 1791 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. (3107-5/91 ) 9730.86.2 Definitions. For purposes of this Section, the definitions for the following terms shall apply: (3107-5/91 ) (a) 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. (3107-5/91 ) (b) Carpool : Two (2) to six (6) persons traveling together in a single vehicle. (3107-5/91 ) (c) Employee: Means any person employed by a firm, person(s) , business, educational institution, non-profit agency or corporation, government agency, or other entity which employs 100 or more persons at a single worksite. "Employee" shall include persons employed on a full-time, part-time, or temporary basis. (3107-5/91) (d) 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. (3107-5/91 ) (e) 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. (3107-5/91 ) (f) Mixed-Use Development: Means new development projects that integrate any one of these land uses with another: residential , office, commercial , industrial and business park. (3107-5/91) (g) Tenant: Means the lessee of facility space at a development project who may also serve as an employer. (3107-5/91 ) (h) 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. (3107-5/91 ) 5/91 9730.86.2(i )--9730.86.3(d)(2) (i ) Vanpool : Means a vehicle occupied by seven (7) or more persons traveling together. (3107-5/91 ) (j) 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. (3107-5/91) 9730.86.3 Applicability: (3107-5/91 ) (a) These regulations apply to any discretionary permit per chapter 9800 for 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 d. THis includes any permit for existing facilities that already have 100 or more employees or will have 100 or more employees. (3107-5/91 ) (b) These regulations apply to all districts, planned communities and specific plan areas including those covered by development agreements. These regulations shall supercede other ordinances in which there is a conflict. (3107-5/91 ) (c) Notwithstanding "a" above the following uses and activities shall be specifically exempt from- the provisions of this section: (3107-5/91 ) (1 ) Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers. (3107-5/91 ) (2) Other temporary activities per Article 973 or as authorized by the Planning Commission when such temporary activities are for a period not to exceed 30 days and held no more than once a year. (3107-5/91 ) (d) Employee generation factors shall be based on one of th following: (3107-5/91) (1 ) Employment projections developed by the property owner, subject to approval by the Director of Community Development or his designee; (3107-5/91 ) (2) Building sizes shall be considered equivalent to the 100 employee threshold as follows: (3107-5/91 ) Building Size (in square feet) Type of Use Equivalent to 100 Employees Office/Professional 35,000 Hospital and Medical/Dental 40,000 Industrial (excluding Warehouses) 50,000 Commercial/Retail 50,000 Hotel 0.8 employees/hotel room Motel 1 .2 Resort Hotel 100,000 Mixed or multiple use (1) Warehouse 100,000 5/91 9730.86.3(1)--9730.86.4(c)(1) (1 ) 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. (3107-5/91 ) 9730.86.4 Site development standards: Development projects subject to this section shall comply with the following site development standards: (3107-5/91) (a) Parking for carpool vehicles (3107-5/91 ) (1 ) The following percentages of the total required parking spaces per Article 960 shall be reserved and designated for employee carpool vehicles by making such spaces "Carpool Only": (3107-5/91) Percent of Total Parking Devoted Type of Use to Employee Carpool Parking Office Professional 13% Hospital and Medical/Dental Office 9% Industrial/Warehouse 14% Commercial/Retail 5% Hotel 1 space for every 2 employees (3107-5/91) (2) 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 of Community Development. (3107-5/91 ) (b) Shower and Locker Facilities. (3107-5/91) 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. (3107-5/91) (1 ) Lockers shall be provided at a minimum ratio of 1 for every 20 employees based. (3107-5/91 ) (2) Separate shower facilities shall be provided at a minimum rate of 2 per 100 employees. (3107-5/91) (c) Bicycle Parking (3107-5/91 ) (1) 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. (3107-5/91 ) l~` 5/91 9730.86.4(c)(2)--9730.86.4(g) (2) 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. (3107-5/91 ) (d) Commuter Information Areas (3107-5/91 ) 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. (3107-5/91) (e) Passenger Loading Areas (3107-5/91 ) Unless determined unnecessary by the decision-maker, per Chapter 98, passenger loading areas to embark and disembark passengers from rideshare vehicles and public transportation shall be provided as follows: (3107-5/91) (1 ) Passenger loading area shall be large enough to accommodate the number of waiting vehicles equivalent to 1% of the required parking for the project. (3107-5/91 ) (2) 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. (3107-5/91 ) ! `, (f) Parking for Vanpool Vehicles (3107-5/91 ) Unless determined unnecessary by the decision-maker, per Chapter 98,. parking for vanpool vehicles shall be provided as follows: (3107-5/91) (1 ) 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". (3107-5/91 ) (2) For parking structures, vanpool vehicle accessibility shall include minimum 7'2" vertical clearance. (3107-5/.91 ) (3) Vanpool parking spaces shall be located near identified employee entrance(s) or other preferential locations. (3107-5/91) (g) Bus Stops (3107-5/91 ) Unless determined unnecessary by the decision-maker, per Chapter 98, bus shelter., pullouts, and pads shall be provided as necessary in consultation with. affected t.ransit. service providers. (3107-5/91 ) 5/91 EMERGENCY ORDINANCE NO. 3242A (adopted 7/5/94) (effective 7/5/94) AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 973 OF THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING NEW SECTIONS PERTAINING TO RESIDENTIAL INFILL DEVELOPMENTS NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Article 973 of the Huntington Beach Ordinance Code is hereby amended by adding new sections 9730.87 to 9730.87.2, inclusive, to read as follows: 9730.87 Residential Infill Developments - General Provisions. These residential infill requirements are intended to minimize impacts on adjacent residential developments and provide development 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. The location, site plan, and building design shall be harmonious and compatible with the streets, driveways, property lines, and surrounding neighborhood. Compatibility considerations shall include, but not be limited to: lot size, lot frontages, building layout, building configuration and design, building product type, grade height and building height relative to existing dwellings, and visual intrusion concerns. The Director of Community Development shall cause all requests for plan check and issuance of building permits for infill lot development to be reviewed in accordance with Section 9730.87.2. 9730.87.1 Residential Infill Lot - Definition. An infill lot is a vacant parcel of land intended for single family development which is adjacent to one or more existing single family residential units excluding parcels which are separated by streets. Room additions are exempt from this definition. 1 G1007R/k/07/07/94 � a 9 9730.87.2 Infill Lot Design Considerations. A. Privacy Design Standards. 1 . New residences shall off-set windows to insure maximum privacy for existing residences. The use of opaque glass or similar material, should be used for all bathroom windows facing existing residences. Consider locating windows high on elevations to allow light and ventilation, and insure privacy. 2. Minimize the canyon effect between houses by clipping roof elevations on sideyards. Provide roof line variations throughout infill development. 3. Provide architectural features (projections, offsets) to break up massing and bulk. 4. Upper story balconies shall be oriented toward its own front or rear yard areas. B. Setbacks. 1 . Whenever possible all base district setbacks shall be maximized to provide increased separation between new developments and existing residences. Footprints for new residences shall be off-set to increase privacy. 2. Provide offset in front building setbacks throughout infill development. 3. Pool equipment and air conditioning equipment shall be located at a location which maximizes its distance from existing residential development, and minimizes its distance from the new structure which it serves. C. Miscellaneous. 1 . Pad height for new construction shall match to the extent possible, grades of adjacent residences. Any property owner who intends to add more than 2 feet of fill to an infill lot or to add any fill to a lot where the grade differential is already 2 feet or more above an adjacent lot shall demonstrate to the satisfaction of the City Engineer that there is no other acceptable method to drain the property adequately. 2 G 1007R/k/07/07/94 2. Landscaping shall be designed to maximize privacy for both existing residences and new residences. 3. When possible driveways shall be located on the side of the property closest to the driveway on the adjoining property. D. Public Notification Requirements. Three days prior to submittal for plan check, the applicant shall give notice of the application to adjacent property owners by first class mail. The notice of application shall include the following: a. name of applicant b. location of planned development c. nature of the planned development, including maximum building height and square footage. 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 10 working days from plan check submittal. f. the address of the Department of Community Development. The applicant shall submit proof of mailing of the notice when submitting the application for plan check. The adjacent property owners shall have ten (10) working days from plan check submittal to provide comments regarding the application to the Director of Community Development. All decisions of the Director regarding the application shall be final. SECTION 2. This emergency ordinance shall be rescinded when a more comprehensive infill ordinance is approved and adopted by the City Council of the City of Huntington Beach. SECTION 3. This emergency ordinance shall become effective immediately according to the authority of Huntington Beach City Charter §501 . SECTION 4. The Council finds that this emergency measure for the immediate preservation of the public peace, health or safety is necessary as building permits are being held on infill lots resulting in extreme hardship to owners of these lots throughout the city. =r'� SECTION 5. Ordinance No. 3240 is hereby rescinded upon the adoption of this emergency ordinance. 3 G 1007R/k/07/07/94 {� o PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of July 1994. Mayor i A TEST: APPROVED AS TO FORM: • B f City Clerk 7�� City Attorney P.�- -7-7-114' REVIEWED AND APPROVED: INITIAT AND APPROVED: Cit�yA d rri�n i s t�ra t o Dir c r of Com&ufiity ev o ent 4 G 1007R/k/07/07/94 ' 4 ` Emergency Ord. No. 3242A STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH ) I CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do herby certify that the foregoing ordinance was read to the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of July 19 94 , and was passed and adopted by at least four-fifths (4/5) affirmative votes of said City Council . i I AYES: Councilmembers: Silva, Bauer, Moulton-Patterson, Winchell , Leipzig, Sullivan NOES: Councilmembers; None . . . . . . . . . . . . . . . . . . . . . ABSENT: Councilmembers: obitaille . . . . . . . . . . . . . . . . . . . . City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California City Clerk' s Office ------------ ( FC) -- ( 5 ) ----------- City Atty' s book/chamber Counter Records Manager Legislative drawer Codification UNTILG ®1V BEA(1-11-IT L.MUNICIPAL CODE UPDATES (Effective Immediately) Prepared by: Office of the City Clerk -- Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Please Remove from Code Please Add to Code �- Chapter 3.52 Chapter 3.52 Chapter 5.04 Chapter 5.04 Chapter 5.08 Chapter 5.10 Chapter 5.12 Chapter 7.12 Chapter 7.12 Chapter 10.42 Chapter 17.36 d' bo-D�- Chapter 17.40 Please Note: These Huntington Beach Municipal Code Chapters have errors that were missed in the conversion process. There are no changes to the content of these chapters. Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 d8afi1es\c1erkUanUnunicd13 � � �V Huntington Beach Municipal Code 3.52.010-3.52.050 CHAPTER 3.52 Huntington Beach Auto Dealers Business Improvement District (3175-10/92) Sections: 3.52.010 Intent and purpose 3.52.020 Definitions 3.52.030 Establishment of area 3.52.040 Boundary modification 3.52.050 Collection of benefit assessment 3.52.060 Changes in assessments 3.52.070 Business classifications/benefit assessment 3.52.080 Benefits to business/restriction on use 3.52.090 Penalty for delinquent payment 3.52.100 Advisory board 3.52.110 Annual approval/resolution 3.52.120 Public hearing 3.52.130 Area establishment and disestablishment 3.52.010 Intent and purpose. On August 17, 1992, The City of Huntington Beach(the "City") adopted Resolution No. 6415 (the "Resolution"),declaring its intention to establish a business improvement area(herein referred to as the "District") and to levy a benefit assessment on all businesses within said District,the proceeds of which shall be used for the public purposes therein described, pursuant to the Parking and Business Improvement Area Law of 1989, Part 6 (commencing with Section 36500) of Division 18 of the California Streets and Highways Code (the "Act"). On September 8, 1992, the City held a duly noticed public hearing and introduced Ordinance 3175. The City Council has heard and considered all oral and written protests or other comments regarding such proposed action, and written protests from businesses in the proposed area paying a majority of the proposed assessment have not been received and the City Council finds, based on all evidence presented that the businesses within the District will be benefited by the expenditure of the funds raised by the assessments proposed to be levied. (3175-10/92) 3.52.020 Definitions. Businesses to be assessed are those classified by the City of Huntington Beach Business License Code as Class A. Retail sales(Al), auto; new,used parts. (3175-10/92) 3.52.030 Establishment of area. A parking and business improvement area to be known as the "Huntington Beach Auto Dealers Business Improvement District" (the "District") is hereby established pursuant to the Parking and Business Improvement Area Law of 1989, Streets and HighHay Code Section 36500, et seq. The boundaries of the District and the benefit zones within the District are generally located on Beach Boulevard, and set forth with greater specificity in the following map and list exhibits A-1 and A-2. (3175-10/92) 3.52.040 Boundary Modification. The City Council may modify the boundaries or assessments, established by this Ordinance; the modifications shall be made pursuant to the requirements of the Act,but no assessment shall be modified which would impair the ability of the District to meet the obligation of a contract to be paid from the revenues derived from the levy of assessments. (3175-10/92) 3.52.050 Collection of benefit assessment. The benefit assessment authorized by this Ordinance shall be billed by the City in monthly installments with all funds collected being remitted within thirty(30) days of receipt to the Huntington Beach Auto Dealers Association or such other entity or organization as is mutually agreed upon by said Association and City. This will be accomplished by mailing assessment notices monthly to all businesses as herein defined within District by first class mail to be due thirty (30) days from date of invoice. The levy of 10/92 l 3.52.050--3.52.100(a) Huntington Beach Municipal Code assessments will commence on the first day of the month following the issuance of the Certificate of Occupancy by the City for installation and full operation of the Auto Dealers directory reader board sign within the District. (3175-10192) 3.52.060 Changes in assessments. Any businesses covered by this Chapter shall also be subject to changes which may be made in the assessments or in the uses to which the revenues shall be put, as specified in this Ordinance and as permitted by the Act; such changes shall be made by later ordinance adopted after a hearing before the City Council, or by Resolution, if approved in conjunction with confirmation of the Annual Report. (3175-10/92) 3.52.070 Business classifications/benefit assessment. For purposes of the assessments to be imposed pursuant to this Ordinance, the City Council may make a reasonable classification of business, giving consideration to various factors, including general benefit to businesses and the degree of benefit received from programs of the District. All businesses, as defined in Section 2 hereof, located within the Huntington Beach Auto Dealers Improvement District are assessed and classified as follows: (3175-10192) ':..: t:t .K'%•tta:tt v'^.xYR:::am_6;' ;t:::t.:,;}:'a:::R`vte,'•.:^:itt 'e^ ?m„YN`?9 S:�'-G ::tis33t. .11 _."1 t,. ::'...:t n. :fit{ t;EC:Fti^','s€i:;, :::;;«i ., ,:.:.,s`-�, �'�e uze::;x...;.<< i .,� ,��...�,xa`'>.r� G 9 of.k lL'' ale • , i15<.e.ete3_,,...,�.:,_.. . `t >�Business:.T �..,�.,�, : �;�t.., .� J q°�uA rrm'V' •EF r►t:vti ,� _ �s.�aast4�u, ;a,�. Vie,; a�,,.�' '...` h M/� l::tfe�x•::....,P.;.'.M _ M0..'�.'w^a,?.ci,;�y tt�x.�xi Ycl1?:...3',._�i,.74!P�i. �1�4, 1. Auto-New, Used, Parts a) Director Sign Trust Account for 60 months $ 435 b Sign Maintenance $ 400 c Administrative Costs Dealers $ 200 d Property Tax $ 30 e - Insurance $ 50 Collection/Disbursement Costs (City/Bank $ 25 2. All other businesses, if an -0- Total $ 1,140 Total After 60 months $ 705 (a) Business owners with multiple dealerships at the same location or adjacent locations having a common method of access and egress shall pay one benefit assessment fee. (b) Business owners with multiple dealerships at non-adjacent multiple locations shall be assessed for each such location. (3175-10/92) 3.52.080 Benefits to business/restriction on use. The assessments levied on businesses pursuant to this Ordinance shall, to the maximum extent feasible,be levied on the basis of the estimated benefit to the businesses within the District and the revenues from the levy of assessments shall not be used to provide improvements or activities outside of the District or for any other purpose not specified in said Resolution of Intention. (3175-10/92) 3.52.090 Penalty for delinquent payment. For failure to pay a benefit assessment when due, the City shall add a penalty of ten percent(10%)of the assessment amount on the last calendar ay of each month after the date due thereof,providing that the penalty amount to be added shall in no event exceed one hundred percent(100%) of the assessment amount due. No City business license shall be knowingly issued or renewed to any business which, at the time of making application for any license or renewal thereto, is indebted to the City for any delinquent benefit assessment. (3175-10/92) 3.52.100 Advisory Board. (3175-10/92) (a) Appointment. The City Council shall appoint an Advisory Board which shall make recommendations to the City Council on the expenditure of revenues derived from assessments pursuant to this part, on the classification of businesses, and on the method of levying the assessments. (3175-10/92) 10/92 Huntington Beach Municipal Code Title 5 Index--5.04.010(b) Title 5 BUSINESS LICENSES AND REGULATIONS Chapters: 5.04 General Provisions 5.08 Licensing Procedures 5.10 Enforcement of Title 5.12 Exemptions to Provisions 5.16 Rates 5.20 Ambulance Service 5.24 Massage Establishments 5.28 Dance Halls 5.32 Natural Resources Production 5.34 Gasoline Pricing 5.36 Pawnbrokers, Junk Dealers and Secondhand Dealers 5.40 Collection from Trash Drop Off Boxes and Trash Bins 5.44 Restaurants--Amusement and Entertainment Premises 5.48 Taxicabs--Vehicles for Hire 5.52 Motion Picture Theaters 5.54 Commercial Photography 5.56 Burglar Alarms 5.60 Figure Model Studios 5.64 Bingo Games 5.66 Motor Vehicle Towing Service 5.68 Specific Events 5.70 Adult Entertainment Businesses 5.72 Fortunetelling 5.74 Harmful Matter Chapter 5.04 GENERAL PROVISIONS (766-7/60, 838-6/61,904-6/62, 1461-2/69, 1924-7/74,1935-11/74,2594-2/83,2679-3/84) Sections: 5.04.010 Definitions. 5.04.020 Purpose. 5.04.030 Effect on other ordinances. 5.04.040 Effect on past actions and obligations. 5.04.050 Prohibited occupations. 5.04.060 Permit from council required for certain businesses. 5.04.070 Permit--Petition. 5.04.080 Investigation fees. 5.04.090 License not a permit. 5.04.010 Definitions. (a) "Amusement machine" shall mean any mechanical or electronic game, equipment, machine or device which is played or operated for amusement or entertainment,wherein a sum of money is charged or collected for the operation of such machine or device by means of a coin slot or otherwise. (b) "Apartment house," as used in this chapter includes any building, or portion thereof, which is designed, built,rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of two or more families living independently of each other, in which 8/90 5.44.010(b)--5.44.010(h) Huntington Beach Municipal Code building or portion thereof, kitchen or cooking facilities are incorporated, whether or not the occupants do their cooking in said building, and shall include flats and apartments. This section shall not apply where the building or portion thereof mentioned above consists of two units on a single lot as long as one of such units is owner occupied. (c) "Average number of employees," as used in this chapter, includes the total number of employees in the managing, operating,transacting and carrying on of any business in the city. The average number of employees for any business having a fixed location in the city means the average number of persons employed daily for the twelve-month period ending on December 31 next preceding the date of license application and shall be determined by ascertaining the total number of hours of service performed by all employees during such year, and dividing the total number of hours of service thus obtained by the number of hours of service constituting a day's work, according to the custom or laws governing such employments, and by again dividing the sum thus obtained by the number of business days in such year. Provided, further,that the average number of employees for any business not having a fixed location in the city means the number of persons employed daily for the period during which the applicant for a license conducts such business, and shall be determined by ascertaining the total number of hours of service performed by all employees during the three (3) days, or less, on which the greatest number of persons is employed, and dividing the total number of hours of service thus obtained by the number of hours of service constituting a day's work, according to the custom or laws governing such employments, and again dividing the sum thus obtained by the number of business days upon which the total hours of service is based. (d) "Bulk-vending machine," as used in this chapter,means a nonelectrically-operated vending machine, containing unsorted confections,nuts or merchandise which, upon insertion of a coin or coins, dispenses same in equal portions, at random and without selection by the customer, excluding "vending machines." �. (e) "Business," as used in this chapter, includes professions,trades, and occupations and all and every kind of calling whether or not carried on for profit. (f) "General building contractor," as used in this chapter, means a contractor whose principal contracting business is in connection with any structure built, being built or to be built, for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in its construction the use of more than two (2)unrelated building trades or crafts or to do or superintend the whole or any part thereof. (g) "General engineering contractor," as used in this chapter, means a contractor whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, including the following divisions or subjects: irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves, shipyards and ports, levees, river control and reclamation works, railroads, highways, streets and roads, tunnels, sewers and sewage disposal plants and systems, pipelines and other systems for the transmission of petroleum and other liquid or gaseous substances, parks, playgrounds and other recreational works, refineries, chemical plants and similar industrial plants requiring specialized engineering knowledge and skill,powerhouses, power plants and other utility plants and installations, land leveling and earthmoving projects, excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection with the abovementioned fixed works. (h) Home occupations. Licenses may be issued for various forms of home occupations to those persons who have satisfactorily made application for and have successfully obtained a variance. 8/90 Huntington Beach Municipal Code 5.44.010(i)--5.44.010(o) (i) "Hotel, motel or rooming house," as used in this chapter, includes any lodging house,motel, hotel, rooming house, bungalow court, auto court or public or private club containing more than three guest rooms or units, and which is occupied or is intended or designed for occupancy by more than three (3) guests,whether rent is paid in money, goods, labor, services or otherwise and which is maintained, advertised or held out to the public as a place where sleeping or rooming accommodations are furnished to the whole or any part of the public whether with or without meals. (j) "Individual," as used in this chapter, means every person, owner and/or employee actively engaged in any business in the city of Huntington Beach. (k) "Peddler," as used in this chapter, means and includes any person not having a fixed place of business in this city, who for himself, or as agent or representative for or of another, goes from house to house, and place to place, or at or along the streets of this city offering to sell tangible objects or articles, goods, wares, merchandise or services, who delivers such object, article, goods, wares, merchandise or service, in person,to the individual placing the order for the same, at the time such order is placed and paid for. (1) "Person," as used in this chapter, includes all domestic and foreign corporations, associations, syndicates,joint stock corporations, partnerships of every kind, clubs, Massachusetts business, or common law trusts, societies and individuals transacting and carrying on any business in the city other than as an employee. (in)"Solicitors and canvassers," as used in this chapter, means and includes any individual not having a fixed place of business within the city who for himself or as agent or representative for or of another, in person or by telephone or by any other means of communication is engaged in the business of going from house to house and place to place or at or along the streets of this city, offering to sell intangibles, such as bonds or stock or oil or mining shares or units,or soliciting or taking orders for future delivery of articles, goods,wares or merchandise, services or subscriptions inclusive of newspapers,magazines, periodicals, books and all other publications, and whether collecting advance payments or not, and inclusive of all persons who thus go from place to place, and from house to house within the city, in any like or analogous activities, and inclusive of any and all such persons who may or may not engage in any actual or purported interstate commerce. The terms "solicitor" and "canvasser" shall not apply to commercial salesmen, agents and the like who sell or take orders for the sale of wholesale goods to persons maintaining a fixed place of business in this city who are licensed as prescribed by this title. (n) "Specialty contractor," as used in this chapter, also means a subcontractor and is a contractor whose operations as such are the performance of construction or other work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts or other specialized techniques and who is not classified as a general engineering or general building contractor by the Department of Professional and Vocational Standards of the State of California, and those various categories of contractors who are not required to be and who are not licensed as "contractors" by the aforementioned department. The classification assigned to contractors by the State of California will be used in determining the fee for issue of license by this city. A license as a specialty or subcontractor will not be issued to a person classified by the state as a general or engineering contractor unless such contractor holds a valid subor specialty contractor classification license in addition to his general or engineering license. (o) "Vending machine," as used in this chapter, means any weighing, service, merchandise, food or drink-dispensing machine, or device wherein a sum of money is charged or collected for the operation of such machine or device by means of a coin slot or otherwise, excluding "bulk-vending machines." (766-7/60, 838-6/61, 904-6/62, 1461-2/69, 1924-7/74, 1935-11/74,2594-2/83, 2679-3/84) 8/90 Q o 5.44.020--5.44.090 Huntington Beach Municipal Code 5.04.020 Purpose. The ordinance codified herein is enacted solely to raise revenue for municipal purposes, and is not intended for regulation. (766-7/60) 5.04.030 Effect on other ordinances. Persons required to pay a license tax for transacting and carrying on any business under this title shall not be relieved from the payment of any license tax for the privilege of doing such business required under any other ordinance of the City of Huntington Beach, and shall remain subject to the regulatory provisions of other ordinances. (766-7160) 5.04.040 Effect on past actions and obligations. Neither the adoption of the ordinance codified herein nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed or deposited,and all rights and obligations thereunto appertaining shall continue in full force and effect. (766-7/60) 5.04.050 Prohibited occupations. Nothing in this title shall be construed to permit the conduct of any trade, business or occupation which is prohibited by an applicable federal, state or municipal ordinance or regulation, or which has been declared illegal or to constitute a nuisance by any governmental or municipal authority. (852-8/61) 5.04.060 Permit from Council required for certain businesses. No license shall be issued for the conduct of any business which, in the opinion of the City Clerk or his deputies, would be detrimental to the public health, safety,welfare or moral standards of the City a permit ermit shall have first been obtained from the CityCouncil. 838 6/61 ( ) 5.04.070 Permit--Petition. Whenever any person, persons, firm, copartnership or corporation desires to open or keep any business for which, in the opinion of the City Clerk or his deputies, would require a permit from the City Council, he, she,they or it shall petition the City Council for such permit in writing. The petition shall set forth the name of the applicant,the character of the business,the location of the premises where the business is to be conducted, if a firm or corporation, the names and addresses of all the officers and parties financially interested in the I` business, a statement indicating whether or not alcoholic beverages are to be sold on the premises, and list any and all games and amusement machines and devices to be operated on the premises. On the hearing of said petition,the council may grant the permit in whole or in part, may grant a conditional permit,may prescribe insurance or bond requirements or may reject the petition; and no license shall be issued thereon except as ordered by the council. (838-6/61) 5.04.080 Investigation fees. Investigation fees may be levied against business applicants, firms, persons or subsequent employees,when so designated by the City Administrator and City Council. Said fees shall be reasonable and based on standards set by the City Administrator and shall be payable to the City Clerk prior to the police investigation. Fees are not refundable. (1171-1/66) 5.04.090 License not a permit. The business licenses issued pursuant to the provisions of this title constitute a receipt for the license fee paid and shall have no other legal effect. A business license is a requirement, not a permit to conduct, manage or carry on any business activity within this city. (838-6/61) l 8/90 Yd Huntington Beach Municipal Code 7.12.010-7.12.020(a)(4) Chapter 7.12 MISCELLANEOUS ANIMAL CARE AND CONTROL (27-11/09,66-9/10,885-2/62,1279-2/67, 1352-11/67, 1835-5173,1857-8/73, 1905-4/74, 1910-6/74,2067-5/76, Urg.2084-6/76, 2095-9/76,2547-5/82,2936-4/88,3169-9/92) Sections: 7.12.010 Bees 7.12.020 Running at large prohibited 7.12.030 Animal premises kept clean 7.12.040 Keeping animals near inhabited structures 7.12.050 Animals prohibited in food-handling premises 7.12.060 Dead--Carcass disposal 7.12.070 Noisy animals 7.12.080 Goats 7.12.090 Horses 7.12.100 Cattle and hogs 7.12.110 Fowl and rabbits--At large 7.12.120 Fowl and rabbits--Keeping restrictions 7.12.130 Fowl--Number permitted 7.12.140 Monkeys and chimpanzees to be secured 7.12.150 Kennels 7.12.160 Residential Animal Permit 7.12.290 Enforcement 7.12.300 Penalty 7.12.010 Bees. No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him in the City, any hive bees within two hundred(200) feet of any dwelling house of the owner or person in control of such bees. This section shall not apply to the keeping of bees within an educational institution for study or observation, or within a physician's office or laboratory for medical research;treatment, or other scientific purposes, provided they are not permitted to fly at large. (885-2/62,1279-2/67,1905-4174,Urg 2067-5n6,2095-9/76) 7.12.020 Running at large prohibited. (a) No person owning or having control of any ox, steer, bull, cow, horse, colt, calf, sheep, goat, cat or any animal of a species commonly referred to as wild shall: (1) Permit such animal to run at large in the City; (2) Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane, alley, park, or other public place; (3) Tie, stake,pasture or permit the tying, staking or pasturing of any such animal upon any private property within the limits of the City, without the consent of the owner or occupant of such property, or in such a way as to permit any animal to trespass upon any street or public place or upon any such private property; (4) Permit any of said animals to be or remain during the nighttime secured by a stake, or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal, or by securely fastening such animal by means of a rope, or chain of sufficient size, strength, and weight to effectively restrain C", such animal; or 9/92 7.12.020(a)(5)--7.12.080(b) Huntington Beach Municipal Code (5) Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise. (b) No person owning or having charge, custody, control or possession of any animal or reptile known by such person to be vicious or dangerous, or commonly so known, or owning or having charge, custody, or possession of any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard,wolf, monkey, ape, chimpanzee, bobcat, lynx, wildcat, puma, cheetah or any animal of a species commonly referred to as wild or any poisonous reptile, shall permit or allow the same to be at large upon any highway, street, lane, alley, court or other public place or upon any private property other than within the enclosed premises of such person. (1279-2/67, 1352-11/67, 1835-5/73, 1905-4l74, 1910-6/74,Urg.2084-6/76) 7.12.030 Animal premises kept clean. Every person owning or occupying premises where any animal, fowl or bird is kept shall keep the stable, barn, stall, pen, coop, building or place in which the animal is kept in a clean and sanitary condition. (885-2/62, 1279-2/67, Urg.2084-6/76) 7.12.040 Keeping animals near inhabited structures. No person shall keep any animal, fowl or bird,wild or domestic, other than dogs, cats, canaries, or birds of the psittacinae family, within fifty (50) feet of any inhabited structure, school or hospital provided, however,that when any person keeps more than four(4) birds of the psittacinae family, he shall keep such birds at least thirty-five (35) feet from any of said structures. (885-2/62, 1279-2/67, 1905-4/74, Urg.2084-6/76) 7.12.050 Animals prohibited in food-handling premises. No person shall bring any dog, cat or other live animal, or permit any dog, cat or other live animal to be brought into or to remain in any room or place, other than a private home where food is not handled for commercial purposes, in which meat, fish, game, poultry, fruit, vegetables,bakery goods or any other food or food product is stored, kept, held,prepared, exposed or offered for sale, or sold for human --� consumption; or permit any dog, cat or other live animal to ride upon or get into or upon any wagon, or other vehicle in which any such articles offered or to be offered for sale for human consumption are being kept or transported;provided, however,that the provisions of this section shall not apply to a dog trained to guide the blind. (1279-2/67, 1905-4/74,2095-9/76 Urg.2084-6/76) 7.12.060 Dead--Carcass disposal. It is declared to be a nuisance and no person shall cause, suffer or permit the carcass of any animal to remain upon any lot,premises or place owned, controlled or occupied by him or it for a period of more than twenty-four(24)hours, or to bury the carcass of any animal upon the premises owned, controlled or occupied by him or it in the City. (885-2/62, 1279-2/67, Urg.2084-6/76) 7.12.070 Noisy animals. It is a nuisance, and no person shall keep, maintain or permit upon any lot or parcel of land within the City under his control, any animal or animals, including any fowl, which by any sound or cry, shall interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons. (1279-2/67, 1905- 4/74,Urg.2084-6176) 7.12.080 Goats. (a) It is a nuisance and no person shall keep or maintain any goat within fifty (50) feet of any dwelling house other than that occupied by him or it, or more than two (2) goats within one hundred (100) feet of any dwelling house other than that occupied by him or it, or more than four(4)goats within three hundred (300) feet of any dwelling house other than that occupied by him or it, or more than five (5) goats within one thousand (1000) feet of any dwelling house other than that occupied by him or it. (b) No person shall keep or maintain any male goat exceeding the age of six(6) months within the limits of the City. (885-2/62, 1279-2/67, 1905-4/74,Urg.2084-6l76) 9/92 Huntington Beach Municipal Code 7.12.090--7.12.140(a) 7.12.090 Horses. (a) It is declared to be a nuisance and no person shall stable or corral any horse or horses within fifty(50) feet of any street line. (b) It is declared to be a nuisance and no person shall stable or corral any horse or mule within fifty(50) feet of any dwelling house other than occupied by him or them, or to stable more than two horses or mules within one hundred(100) feet of any dwelling house other than that occupied by him or them. (c) No person, firm or corporation shall keep or stable any burro or burros, or donkey or donkeys, within one hundred(100) feet of any dwelling house other than that occupied by him or it. (d) Street line. For the purposes of this chapter, "street line" means the nearest edge of any sidewalk and, if there is no sidewalk,the nearest edge of any curb, and if there is no sidewalk or curb,the nearest edge of the improved portion of the public right-of-way. (885-2/62, 1279-2/67,1352-11/67, 1905-4/74, Urg. 2084-6/76) 7.12.100 Cattle and hogs. It is a nuisance and no person shall keep or maintain in the City cattle or hogs at or upon premises owned, occupied or controlled by him within three hundred (300) feet of any dwelling other than occupied by him; or to keep or maintain any cattle within three hundred(300) feet of any school or hospital, or within one hundred (100) feet of any street line, except as otherwise provided in this Chapter. (66-9/10,885-2/62, 1279-2/67, 1835-5/73, 1905-4/74, Urg.2084-6/76, 3169-9/92) 7.12.110 Fowl and rabbits--At large. It is a nuisance and no person shall suffer or permit any chickens, geese, ducks,turkeys,pheasants, doves, pigeons, squabs or similar fowl or rabbits, owned or controlled by him or it, to run or fly at large or go upon the premises of any other person in the City. (27-11/09,885-2/62, 1279-2/67, 1905-4/74, 1835-5/73,Urg.2084-6/76) 7.12.120 Fowl and rabbits--Keeping restrictions. It is a nuisance and no person shall keep chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits, owned or controlled by him or it, within fifty (50) feet of any street line or within twenty (20) feet of any property line, or within one hundred (100) feet of any dwelling house or structure used as a dwelling, church, school,hospital or place where food products are kept, stored, manufactured or served to the public, unless such house or structure be occupied by him or it, or to keep any rooster over four (4)months old in the City limits. (27-11/09,66-9/10,885-2/62, 1279-2/67, 1835-5/73, 1905-4/74, Urg.2084-6/76) 7.12.130 Fowl--Number permitted. No person shall keep or maintain in the City more than ten (10) in all of chickens, geese, ducks,turkeys, pheasants, doves, pigeons, squabs or similar fowl; and keeping or maintaining more than ten(10)fowl shall be presumptive evidence of a public nuisance. The presumption created by this section is a rebuttable presumption affecting the burden of proof. (66-9/10,885-2/62, 1279-2/67, 1905-4/74,urg.2084-6/76) 7.12.140 Monkeys and chimpanzees to be secured. (a) No person owning or having control of any monkey, ape, chimpanzee or other animal of the monkey type, shall permit, allow or suffer such animal to run at large within the City or permit, allow or suffer such animal to be or go upon any street or public place within the City without having such animal securely fastened by an adequate chain or rope, firmly held by or attached to a competent person. 9/92 � S 7.12.140(b)--7.12.160(g) Huntington Beach Municipal Code (b) Such animal shall be deemed and considered as running at large, within the meaning of the expression as herein used, when not confined in an enclosure or when not securely tied or chained. (885-2/62, 1279-2/67, 1352-11/67, 1835-5/73, 1857-8/73, 1905-4/74,Urg.2084-6/76) 7.12.150 Kennels. (a) "Kennel" means any property where four(4) or more dogs, or four(4) or more cats, over the age of four(4) months, are kept or maintained for any purpose, except veterinary clinics and hospitals. (b) No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him in the City, any kennel within two hundred (200) feet of any dwelling house except the dwelling house of the person in control of such kennel. (c) Any person, firm or corporation which conducts a kennel operated or carried on primarily for financial gain shall obtain a business license pursuant to Title 5 of this code. (1279-2/67, 1905- 4/74,2095-9/76) 7.12.160 Residential Animal Permit. (a) A residential animal permit shall be required for the keeping of one goose, rabbit, miniature pot-bellied pig, or duck subject to the review and approval of the Director of Community Development. "Miniature pot-bellied pig" means any pig weighing not more than 125 pounds that is continuously registered with a nationally recognized miniature pig association. All miniature pot-bellied pigs kept pursuant to a residential animal permit shall be spayed or neutered; proof of sterilization shall be presented to the Director of Community Development prior to the issuance of a residential animal permit. (2936-4/88, 3169-9/92) (b) At the time the application is made for a residential animal permit,the applicant shall pay a fee established by resolution of the City Council. (2936-4/88) (c) Premises shall be kept clean and free of all matter which may create odors or attract rodents. (2936-4/88) (d) The animal shall comply with all applicable sections of Chapter 8.40,Noise Control of the Municipal Code. (2936-4/88) (e) The Director of Community Development may impose conditions of approval in addition to the above. (2936-4/88) (f) The applicant shall be required to sign an affidavit that he/she understands all of the conditions of approval for the residential animal permit at the time the permit is issued. (2936- 4/88) (g) Any authorized City employee may inspect the premises for which an application has been granted for a residential animal permit. (2936-4/88) (h) A violation of any of the above conditions of approval shall be cause for revocation of the residential animal permit. (2936-4/88) (i) Prior to issuance of a residential animal permit,notices shall be sent to all abutting property owners and tenants notifying them of the pending application for said permit. (2936-4/88) 7.12.290 Enforcement. The Community Development Director and his designees are hereby authorized and directed to enforce the provisions of this chapter. (2547-5/82) 7.12.300 Penalty. A violation of any of the sections in this chapter is an infraction and, upon conviction thereof, shall be punished by a fine not to exceed one hundred dollars ($100).(2095-9/76) 9/92 7.12.140(b)--7.12.300 Huntington Beach Municipal Code (b) Such animal shall be deemed and considered as running at large, within the meaning of the expression as herein used,when not confined in an enclosure or when not securely tied or chained. (885-2/62, 1279-2/67, 1352-11/67, 1835-5/73, 1857-8/73, 1905-4/74,Urg.2084-6/76) 7.12.150 Kennels. (a) "Kennel" means any property where four(4) or more dogs, or four(4) or more cats, over the age of four(4) months, are kept or maintained for any purpose, except veterinary clinics and hospitals. (b) No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him in the City, any kennel within two hundred (200) feet of any dwelling house except the dwelling house of the person in control of such kennel. (c) Any person, firm or corporation which conducts a kennel operated or carried on primarily for financial gain shall obtain a business license pursuant to Title 5 of this code. (1279-2/67, 1905- 4/74,2095-9/76) 7.12.160 Residential Animal Permit. (a) A residential animal permit shall be required for the keeping of one goose, rabbit,miniature pot-bellied pig, or duck subject to the review and approval of the Director of Community Development. "Miniature pot-bellied pig" means any pig"weighing not more than 125 pounds that is continuously registered with a nationally recognized miniature pig association. All miniature pot-bellied pigs kept pursuant to a residential animal permit shall be spayed or neutered; proof of sterilization shall be presented to the Director of Community Development prior to the issuance of a residential animal permit. (2936-4/88, 3169-9/92) (b) At the time the application is made for a residential animal permit,the applicant shall pay a fee established by resolution of the City Council. (2936-4/88) (c) Premises shall be kept clean and free of all matter which may create odors or attract rodents. (2936-4/88) (d) The animal shall comply with all applicable sections of Chapter 8.40,Noise Control of the Municipal Code. (2936-4/88) (e) The Director of Community Development may impose conditions of approval in addition to the above. (2936-4/88) (f) The applicant shall be required to sign an affidavit that he/she understands all of the conditions of approval for the residential animal permit at the time the permit is issued. (2936- 4/88) (g) Any authorized City employee may inspect the premises for which an application has been granted for a residential animal permit. (2936-4/88) (h) A violation of any of the above conditions of approval shall be cause for revocation of the residential animal permit. (2936-4/88) (i) Prior to issuance of a residential animal permit,notices shall be sent to all abutting property owners and tenants notifying them of the pending application for said permit. (2936-4/88) 7.12.290 Enforcement. The Community Development Director and his designees are hereby authorized and directed to enforce the provisions of this chapter. (2547-5/82) 7.12.300 Penalty. A violation of any of the sections in this chapter is an infraction and, upon conviction thereof, shall be punished by a fine not to exceed one hundred dollars ($100).(2095-9/76) 9/92 4 Huntington Beach Municipal Code 17.40.010-17.40.040 Chapter 17.40 MECHANICAL. CODE (1408-5/68, 1628-2/71, 1938-10/74, 2172-3/77, 2235-12/77, 2282-5/78,2337-1/79, 2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89, 3147-7/92) Sections: 17.40.010 Adoption 17.40.020 Title 17.40.030 Amendment to Appendices 17.40.040 Exception to Section 2003(a) amended 17.40.010 Adoption. There is hereby adopted by the City Council of the City of Huntington Beach that certain code known as the Uniform Mechanical Code, 1991 edition, and the whole thereof, including appendices except as hereinafter provided but excluding chapters I through 3 thereof, compiled by the International Association of Plumbing and Mechanical Officials, and International Conference of Building Officials. Such code, and amendments thereto, is hereby adopted and incorporated, pursuant to California Government Code sections 50022.2 et seq., and Health and Safes Code Section 18941.5, as fully as though set forth at length herein, for the C purpose of protecting public health and safety by prescribing by minimum standards for the use, design and installation of heating, ventilating, comfort-cooling equipment and refrigeration systems; by requiring a permit and inspection for the installation, alteration and replacement of said equipment. From the date on which this chapter takes effect, the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. (1938-10/74, 2172-3/77, 2431-7/80, 2747-6/85, 2976-12/88, 3022-12/89, 3147-7/92) 17.40.020 Title. This chapter shall be known as the "Huntington Beach Mechanical Code," may be cited as such, and will be referred to herein as "this code." (1408-5/68, 1628-2/71, 1938-10/74, 2431-7/80, 2747-6/85) 17.40.030 Amendments to appendices. The Uniform Mechanical Code is hereby amended by deleting from the appendices Section 2124 of Chapter 21 and Chapter 24 in whole titled 'Process Piping." (3147-7/92) 17.40.040 Exception. Subsection 2003(a) is hereby amended by adding the following exception: A hood will not be required where the only warming appliance in the business establishment is an enclosed electric convection oven having a capability of reaching a maximum of 3500 F temperature and not over four (4) cubic feet in size and listed by an approved testing agency. (3147-7/92) �V J 7/92 Huntington Beach Municipal Code 3.52.010-3.52.050 Chapter 3.52 HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT (3175-10/92) Sections: 3.52,010 Intent and purpose 3.52.020 Definitions 3.52.030 Establishment of area 3.52.040 Boundary modification 3.52.050 Collection of benefit assessment 3.52.060 Changes in assessments 3.52.070 Business classifications/benefit assessment 3.52.080 Benefits to business/restriction on use 3.52.090 Penalty for delinquent payment 3.52.100 Advisory board 3.52.110 Annual approval/resolution 3.52.120 Public hearing 3.52.130 Area establishment and disestablishment 3.52.010 Intent and purpose. On August 17, 1992, The City of Huntington Beach(the "City") adopted Resolution No. 6415 (the "Resolution"), declaring its intention to establish a business improvement area (herein referred.to as the "District") and to levy a benefit assessment on all businesses within said District, the proceeds of which shall be used for the public purposes therein described, pursuant to the Parking and Business Improvement Area Law of 1989, Part 6 (commencing with Section 36500) of Division 18 of the California Streets and Highways Code (the "Act"). On September 8, 1992, the City held a duly noticed public hearing and introduced Ordinance 3175. The City Council has heard and considered all oral and written protests or other comments regarding such proposed action, and written protests from businesses in the proposed area paying a majority of the proposed assessment have not been received and the City Council finds, based on all evidence presented that the businesses within the District will be benefited by the expenditure of the funds raised by the assessments proposed to be levied. (3175-10/92) 3.52.020 Definitions. Businesses to be assessed are those classified by the City of Huntington Beach Business License Code as Class A. Retail sales (AI), auto; new, used parts. (3175-10/92) 3.52.030 Establishment of area. A parking and business improvement area to be known as the "Huntington Beach Auto Dealers Business Improvement District" (the "District") is hereby established pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highway Code Section 36500, et seq. The boundaries of the District and the benefit zones within the District are generally located on Beach Boulevard, and set forth with greater specificity in the following map and list exhibits A-1 and A-2. (3175-10/92) 3.52.040 Boundary Modification. The City Council may modify the boundaries or assessments, established by this Ordinance; the modifications shall be made pursuant to the requirements of the Act, but no assessment shall be modified which would impair the ability of the District to meet the obligation of a contract to be paid from the revenues derived from the levy of assessments. (3175-10/92) 3.52.050 Collection of benefit assessment. The benefit assessment authorized by this Ordinance shall be billed by the City in monthly installments with all funds collected being remitted within thirty (30) days of receipt to the Huntington Beach Auto Dealers Association or such other entity or organization as is mutually agreed upon by said Association and City. This will be accomplished by mailing assessment notices monthly to all businesses as herein defined within District by first class mail to be due thirty(30) days from date of invoice. The levy of 10/92 6 + 3.52.050--3.52.1 00(a) Huntington Beach Municipal Code assessments will commence on the first day of the month following the issuance of the Certificate of Occupancy by the City for installation and full operation of the Auto Dealers directory reader board sign within the District. (3175-10/92) 3.52.060 Changes in assessments. Any businesses covered by this Chapter shall also be subject to changes which may be made in the assessments or in the uses to which the revenues shall be put, as specified in this Ordinance and as permitted by the Act; such changes shall be made by later ordinance adopted after a hearing before the City Council, or by Resolution, if approved in conjunction with confirmation of the Annual Report. (3175-10/92) 3.52.070 Business classifications/benefit assessment. For purposes of the assessments to be imposed pursuant to this Ordinance, the City Council may make a reasonable classification of business, giving consideration to various factors, including general benefit to businesses and the degree of benefit received from programs of the District. All businesses, as defined in Section 2 hereof, located within the Huntington Beach Auto Dealers Improvement District are assessed and classified as follows: (3175-10/92) ........... 1. Auto-New, Used, Parts (a) Director Sign Trust Account for 60 months $ 435 (b) Sign Maintenance $ 400 (c) Administrative Costs (Dealers) $ 200 (d) Property Tax $ 30 (e) Insurance $ 50 (f) Collection/Disbursement Costs (City/Bank) $ 25 H2jAllother businesses, if any -0- Total $ 1,140 Total After 60 months $ 705 (a) Business owners with multiple dealerships at the same location or adjacent locations having a common method of access and egress shall pay one benefit assessment fee. (b) Business owners with multiple dealerships at non-adjacent multiple locations shall be assessed for each such location. (3175-10/92) 3.52.080 Benefits to business/restriction on use. The assessments levied on businesses pursuant to this Ordinance shall, to the maximum extent feasible, be levied on the basis of the estimated benefit to the businesses within the District and the revenues from the levy of assessments shall not be used to provide improvements or activities outside of the District or for any other purpose not specified in said Resolution of Intention. (3175-10/92) 3.52.090 Penalty for delinquent payment. For failure to pay a benefit assessment when due, the City shall add a penalty of ten percent (10%) of the assessment amount on the last calendar ay of each month after the date due thereof, providing that the penalty amount to be added shall in no event exceed one hundred percent (100%) of the assessment amount due. No City business license shall be knowingly issued or renewed to any business which, at the time of making application for any license or renewal thereto, is indebted to the City for any delinquent benefit assessment. (3175-10/92) 3.52.100 Advisory Board. (3175-10/92) (a) Appointment. The City Council shall appoint an Advisory Board which shall make recommendations to the City Council on the expenditure of revenues derived from 1 assessments pursuant to this part, on the classification of businesses, and on the method of levying the assessments. (3175-10/92) 10/92 Huntington Beach Municipal Code 3.52.1 00(b)--3.52.130 (b) Annual Report. The Advisory Board shall prepare a report for each fiscal year for which assessments are to be levied. The report shall be filed with the City Clerk and shall comply with all the requirements of Streets and Highways Code Section 36533. (3175-10/92) (c) Approval of Report. The City Council may approve the annual report filed by the Advisory Board or may modify any particular item contained in the report and approve it as modified. The City Council shall not approve a change in the basis or method of levying assessments which would impair an executed contract to be paid from the revenues derived from the assessments. (3175-10/92) 3.52.110 Annual approval/resolution. After approval of the report filed by the ADvisory Board, the City Council pursuant to Section 36534 of the Act, shall adopt annually a resolution of intention to levy an assessment for that fiscal year. The City Council shall hold a public hearing prior to the adoption of a resolution confirming the Annual Report and Levy of Assessments. (3175-10/92) 3.52.120 Public hearing. A public hearing shall be held pursuant to the requirements of Parking and Business Improvement Area Law of 1989. (3175-10/92) 3.52.130 Area establishment and disestablishment. All provisions of this Chapter applicable to the establishment or disestablishment of an area shall apply to the establishment, modification, or disestablishment of benefit zones pursuant to Section 36500, et seq. of the California Streets& Highways Code, and subject to any amendments thereof, and the establishment or the modification of any benefit zone shall follow the same procedures as provided for the establishment of a parking and business improvement area and the disestablishment of a benefit zone shall follow the same procedure as provided for disestablishment of an area. (3175-10/92) 10/92 Huntington Beach Municipal Code Title 5 Index--5.04.010(b) Title 5 BUSINESS LICENSES AND REGULATIONS Chapters: 5.04 General Provisions 5.08 Licensing Procedures 5.10 Enforcement of Title 5.12 Exemptions to Provisions 5.16 Rates 5.20 Ambulance Service 5.24 Massage Establishments 5.28 Dance Halls 5.32 Natural Resources Production 5.34 Gasoline Prigi 5.36 Pawnbrokers, Junk Dealers and Secondhand Dealers 5.40 Collection from Trash Drop Off Boxes and Trash Bins 5.41 Collection of Recyclable Materials 5.44 Restaurants--Amusement and Entertainment Premises 5.48 Taxicabs--Vehicles for Hire 5.52 Motion Picture Theaters 5.54 Commercial Photography 5.56 Burglar Alarms 5.60 Figure Model Studios 5.64 Bingo Games 5.66 Motor Vehicle Towing Service 5.68 Specific Events 5.70 Adult Entertainment Businesses 5.72 Fortunetelling 5.74 Harmful Matter Chapter 5.04 GENERAL PROVISIONS (766-7/60, 838-6/61, 904-6/62, 1461-2/69, 1924-7/74,1935-11/74, 2594-2/83, 2679-3/84) Sections: 5.04.010 Definitions. 5.04.020 Purpose. 5.04.030 Effect on other ordinances. 5.04.040 Effect on past actions and obligations. 5.04.050 Prohibited occupations. 5.04.060 Permit from council required for certain businesses. 5.04.070 Permit--Petition. 5.04.080 Investigation fees. 5.04.090 License not a permit. 5.04.010 Definitions. (a) "Amusement machine" shall mean any mechanical or electronic game, equipment, machine or device which is played or operated for amusement or entertainment, wherein a sum of money is charged or collected for the operation of such machine or device by means of a coin slot or otherwise. (b) "Apartment house," as used in this chapter includes any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of two or more families living independently of each other, in which 8/90 Q c 5.04.010(b)--5.04.010(h) Huntington Beach Municipal Code building or portion thereof, kitchen or cooking facilities are incorporated, whether or not the occupants do their cooking in said building, and shall include flats and apartments. This section shall not apply where the building or portion thereof mentioned above consists of two units on a single lot as long as one of such units is owner occupied. (c) "Average number of employees," as used in this chapter, includes the total number of employees in the managing, operating, transacting and carrying on of any business in the city. The average number of employees for any business having a fixed location in the city means the average number of persons employed daily for the twelve-month period ending on December 31 next preceding the date of license application and shall be determined by ascertaining the total number of hours of service performed by all employees during such year, and dividing the total number of hours of service thus obtained by the number of hours of service constituting a day's work, according to the custom or laws governing such employments, and by again dividing the sum thus obtained by the number of business days in such year. Provided, further, that the average number of employees for any business not having a fixed location in the city means the number of persons employed daily for the period during which the applicant for a license conducts such business, and shall be determined by ascertaining the total number of hours of service performed by all employees during the three (3) days, or less, on which the greatest number of persons is employed, and dividing the total number of hours of service thus obtained by the number of hours of service constituting a day's work, according to the custom or laws governing such employments, and again dividing the sum thus obtained by the number of business days upon which the total hours of service is based. (d) "Bulk-vending machine," as used in this chapter, means a nonelectrically-operated vending machine, containing unsorted confections, nuts or merchandise which, upon insertion of a coin or coins, dispenses same in equal portions, at random and without selection by>the customer, excluding "vending machines." (e) "Business," as used in this chapter, includes professions, trades, and occupations and all and every kind of calling whether or not carried on for profit. (f) "General building contractor," as used in this chapter, means a contractor whose principal contracting business is in connection with any structure built, being built or to be built, for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in its construction the use of more than two (2) unrelated building trades or crafts or to do or superintend the whole or any part thereof. (g) "General engineering contractor," as used in this chapter, means a contractor whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, including the following divisions or subjects: irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves, shipyards and ports, levees, river control and reclamation works, railroads, highways, streets and roads, tunnels, sewers and sewage disposal plants and systems, pipelines and other systems for the transmission of petroleum and other liquid or gaseous substances, parks, playgrounds and other recreational works, refineries, chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, powerhouses, power plants and other utility plants and installations, land leveling and earthmoving projects, excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection with the abovementioned fixed works. (h) Home occupations. Licenses may be issued for various forms of home occupations to those persons who have satisfactorily made application for and have successfully obtained a variance. 8/90 0 Huntington Beach Municipal Code 5.04.010(i)-5.04.010(o) (i) "Hotel, motel or rooming house," as used in this chapter, includes any lodging house, motel, '+ hotel, rooming house, bungalow court, auto court or public or private club containing more than three guest rooms or units, and which is occupied or is intended or designed for occupancy by more than three (3) guests, whether rent is paid in money, goods, labor, services or otherwise and which is maintained, advertised or held out to the public as a place where sleeping or rooming accommodations are furnished to the whole or any part of the public whether with or without meals. 0) "Individual," as used in this chapter, means every person, owner and/or employee actively engaged in any business in the city of Huntington Beach. (k) "Peddler," as used in this chapter, means and includes any person not having a fixed place of business in this city, who for himself, or as agent or representative for or of another, goes from house to house, and place to place, or at or along the streets of this city offering to sell tangible objects or articles, goods, wares, merchandise or services, who delivers such object, article, goods, wares, merchandise or service, in person, to the individual placing the order for the same, at the time such order is placed and paid for. (1) "Person," as used in this chapter, includes all domestic and foreign corporations, associations, syndicates,joint stock corporations, partnerships of every kind, clubs, Massachusetts business, or common law trusts, societies and individuals transacting and carrying on any business in the city other than as an employee. (m)"Solicitors and canvassers," as used in this chapter, means and includes any individual not having a fixed place of business within the city who for himself or as agent or representative for or of another, in person or by telephone or by any other means of communication is engaged in the business of going from house to house and place to place or at or along the streets of this city, offering to sell intangibles, such as bonds or stock or oil or mining shares or units, or soliciting or taking orders for future delivery of articles, goods, wares or merchandise, services or subscriptions inclusive of newspapers, magazines, periodicals, books and all other publications, and whether collecting advance payments or not, and inclusive of all persons who thus go from place to place, and from house to house within the city, in any like or analogous activities, and inclusive of any and all such persons who may or may not engage in any actual or purported interstate commerce. The terms "solicitor" and "canvasser" shall not apply to commercial salesmen, agents and the like who sell or take orders for the sale of wholesale goods to persons maintaining a fixed place of business in this city who are licensed as prescribed by this title. (n) "Specialty contractor," as used in this chapter, also means a subcontractor and is a contractor whose operations as such are the performance of construction or other work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts or other specialized techniques and who is not classified as a general engineering or general building contractor by the Department of Professional and Vocational Standards of the State of California, and those various categories of contractors who are not required to be and who are not licensed as "contractors" by the aforementioned department. The classification assigned to contractors by the State of California will be used in determining the fee for issue of license by this city. A license as a specialty or subcontractor will not be issued to a person classified by the state as a general or engineering contractor unless such contractor holds a valid subor specialty contractor classification license in addition to his general or engineering license. (o) "Vending machine," as used in this chapter, means any weighing, service, merchandise, food or drink-dispensing machine, or device wherein a sum of money is charged or collected for the operation of such machine or device by means of a coin slot or otherwise, excluding "bulk- vending machines." (766-7/60, 838-6/61, 904-6/62, 1461-2/69, 1924-7/74, 1935-11/74, 2594-2/83, 2679-3/84) 8/90 o 5.04.020--5.04.090 Huntington Beach Municipal Code 5.04.020 Purpose. The ordinance codified herein is enacted solely to raise revenue for municipal purposes, and is not intended for regulation. (766-7160) 5.04.030 Effect on other ordinances. Persons required to pay a license tax for transacting and carrying on any business under this title shall not be relieved from the payment of any license tax for the privilege of doing such business required under any other ordinance of the City of Huntington Beach, and shall remain subject to the regulatory provisions of other ordinances. (766-7/60) 5.04.040 Effect on past actions and obligations. Neither the adoption of the ordinance codified herein nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect. (766-7/60) 5.04.050 Prohibited occupations. Nothing in this title shall be construed to permit the conduct of any trade, business or occupation which is prohibited by an applicable federal, state or municipal ordinance or regulation, or which has been declared illegal or to constitute a nuisance by any governmental or municipal authority. (852-8/61) 5.04.060 Permit from Council required for certain businesses. No license shall be issued for the conduct of any business which, in the opinion of the City Clerk or his deputies, would be j detrimental to the public health, safety, welfare or moral standards of the City until a permit shall have first been obtained from the City Council. (838-6/61) 5.04.070 Permit--Petition. Whenever any person, persons, firm, copartnership or corporation desires to open or keep any business for which, in the opinion of the City Clerk or his deputies, would require a permit from the City Council, he, she, they or it shall petition the City Council for such permit in writing. The petition shall set forth the name of the applicant, the character of the business, the location of the premises where the business is to be conducted, if a firm or corporation, the names and addresses of all the officers and parties financially interested in the business, a statement indicating whether or not alcoholic beverages are to be sold on the premises, and list any and all games and amusement machines and devices to be operated on the premises. On the hearing of said petition, the council may grant the permit in whole or in part, may grant a conditional permit, may prescribe insurance or bond requirements or may reject the petition; and no license shall be issued thereon except as ordered by the council. (838-6/61) 5.04.080 Investigation fees. Investigation fees may be levied against business applicants, firms, persons or subsequent employees, when so designated by the City Administrator and City Council. Said fees shall be reasonable and based on standards set by the City Administrator and shall be payable to the City Clerk prior to the police investigation. Fees are not refundable. (1171-1/66) 5.04.090 License not a permit. The business licenses issued pursuant to the provisions of this title constitute a receipt for the license fee paid and shall have no other legal effect. A business license is a requirement, not a permit to conduct, manage or carry on any business activity within this city. (838-6/61) 8/90 Huntington Beach Municipal Code 5.08.010-5.08.030 Chapter 5.08 LICENSING PROCEDURES (76-7/60, 327-4/29, 372-3/34, 838-6/61, 904-6/62, 1605-10/70) e Sections: 5.08.010 License Required 5.08.020 Conflict with other provisions--License exemption 5.08.030 Conflict with other provisions--Tax payment 5.08.040 Fee payment--Average number of employees 5.08.050 License--Term 5.08.060 Additional sums due before renewal 5.08.070 Fee payment--When ceasing business 5.08.080 Fee payment--Due when 5.08.090 Nontransferable--Amended or changed location 5.08.100 Delinquent payment--Penalty 5.08.110 Delinquent payment--Bars further license 5.08.120 Bonds--Required when 5.08.130 Bonds--Form 5.08.140 Separate license--Branch establishments 5.08.150 Unexpired prior to ordinance 5.08.160;' Replacement--Fees 5.08.170 Posting and keeping 5.08.180 Application--Contents 5.08.190 License--Contents 5.08.200 Error by clerk--Correct amount due 5.08.210 Affidavit--Statement of average number of employees 5.08.220 Statements not conclusive determination 5.08.230 Failure to file statement 5.08.240 Appeal 5.08.250 Additional power of Clerk 5.08.260 Deposit of fees into general fund 5.08.010 License--Required. There are imposed upon the businesses, trades, professions, callings and occupations specified in this title license taxes in the amounts hereinafter prescribed. It shall be unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the city without first having procured a license from the city so to do or without complying with any and all applicable provisions of this title. (327-4/29, 766-7/60) 5.08.020 Conflict with other provisions--License exemption. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or the State of California. (327-4/29, 766-7160) 5.08.030 Conflict with other provisions--Tax payment. Persons not required to obtain a license prior to doing business within the city because of conflict with applicable statutes of the United States or of the State of California shall be liable for payment of the tax imposed by this title. (327-4/29, 766-7/60) 10/70 5.08.040--5.08.100 Huntington Beach Municipal Code 5.08.040 Fee payment--Average number of employees. In the case of an original application for license under the average number of employees classification, where the applicant intends to conduct his or her business from a fixed place of business in this city, the entire minimum fee shall be due and payable following final approval of application for license, but prior to issue of license applied for. Those who make application for license under this classification but who do not maintain a fixed place of business in this city, shall pay the entire minimum fee at the time the application for license is made. If such business, however, is commenced after the beginning of the licensing period covered by such license, then the licensee upon filing his statement of average number of employees at the end of the licensing period, shall pay a license fee in accordance with schedule of average number of employees and may credit the minimum license fee paid on original application toward the fee required in classification schedule for average number of employees. (766-7/60, 904-6/62, 1605-10/70) 5.08.050 License--Term. The fees for all licenses, whether under flat rate (annual) status or classifications A, B, C, and D, shall be payable in advance, and such license shall cover the period of one year from the first day of the month in which said license is issued. (766-7/60, 904-6/62, 1605-10/70) 5.08.060 Additional sums due before renewal. The statement required under Section 5.08.210 shall be submitted on all business licenses based upon average number of employees on or before thirty (30) days following the end"of the year applicable to such business as set forth, and any additional sums payable by reason of such statement shall accompany the return of statement. No renewal license shall be issued until the full amount due and payable by reason of the statement and return for the previous year has been paid in full. (766-7/60, 904-6/62, 1605-10/70) 5.08.070 Fee payment--When ceasing business. In the event that a business licensed under the average number of employees classification shall cease operation before the end of the license period, then the statement required by Section 5.08.210 shall be submitted on or before thirty (30) days following the cessation of business. Any additional sums payable by reason of such statement shall accompany such statement. In no event shall any portion of the minimum fee be refundable in the event a business shall cease operation. (766-7/60, 904-6/62, 1605-10/70) 5.08.080 Fee payment--When due. The minimum license fee payable under the average number of employees classification shall be due and payable in the case of an original license before the license is issued, and in the case of a renewal license, shall accompany the statement required by Section 5.08.210 for the prior year and application for renewal. (766-7/60, 904-6/62, 1605-10/70) 5.08.090 Nontransferable--Amended for changed location. No license issued pursuant to this title shall be transferable; provided, that where a license issued authorizing a person to transact and carry on a business at a particular place, such licensee may upon application therefor and paying a fee of$3.75 have the license amended to authorize the transacting and carrying on of such business under said license at some other location to which the business is or is to be moved. (766-7/60, 838-6/61, 1605-10/70) 5.08.100 Delinquent payment--Penalty. For failure to pay a license tax when due, the City Clerk shall add a penalty of ten percent (10%) of the license tax on the last day of each month after the due date thereof, providing that the amount of such penalty to be added shall in no event exceed 100% of the amount of the license tax due. (766-7/60) 10/70 an Huntington Beach Municipal Code . 5.08.110-5.08.170(a) 5.08.110 Delinquent payment--Bars.further licenser No license shall knowingly be issued to any person who, at the time of making application for any license, is indebted-to the city fof any prior unpaid license fee. (372-3/34, 838-6/61) 5.08.120 bonds--Required when. Where, by,the terms of this title, a bond is required to be furnished by any person accruing or applying for a license, such person shall, before.the issuance to him of such license, deliver.to the city Clerk a bond, executed by any reliable surety,company or by two (2) personal sureties, each of whom is the owner of property within the city., of the value of twice the amount of the penal sum of the bond. (327-4/29, 766-7/60) 5.08.130 Bond--Form. The conditions of the bond shall be stated in substantially the following language: "Of the said , the bounden principal shall comply with all the laws and ordinances pertaining to said business, and,shall indemnify and save harmless the City of Huntington Beach and any person or persons who may be injured or caused financial loss through any failure on the part of said licensee to comply with said laws, or because of any misconduct on the part of said licensee in carrying on said business, then this obligation shall be void; otherwise it shall remain in full force and effect, and this bond shall inure to the benefit of the City of Huntington Beach and to any person or persons and to all employees of said licensee; and the said city and'any of said abovementioned persons may maintain an action on this bond directly in its, his, her or their name or names, and this bond may be recovered against more than one (1) and until the full penalty thereof shall be exhausted." (327-4/29, 766-7/60) C71 5.08.140 Separate license--Branch establishments. A separate license must be obtained for each branch establishment or location of the business transacted and carried,on and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license; provided that warehouses and distributing plants used in connection with and incidental to a business-licensed under the provisions of this title shall not be deemed to be separate places of business or branch establishments. (766-7/60) 5.08.150 Unexpired prior to ordinance. Where a license for revenue purposes has been issued to any business by the city and the tax paid therefore under the provisions of any ordinance heretofore enacted and the term of such license has not expired, then the license tax prescribed for the business by this title shall not be payable until the expiration of the term of such unexpired license. (766-7/60) 5.08.160 Replacement--Fees. A duplicate license, license decal or license plate may be issued by the City Clerk to replace any license, license decal or license plate previously issued hereunder which has been lost or destroyed upon the licensee filing statement of such fact, and at the time of i filing such statement, paying the City Clerk a fee of$1.50. (766-7/60, 838-6/61, 1605-10/70) 5.08.170 Posting and keeping. All licenses must be kept and posted in the following manner: (a) Any licensee transacting or carrying on business at a fixed place'of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is. 10/70 5.08.170(6)=-5.08:200 •' Huntington Beach Municipal Code carried on and have in or upon the licensee's business vehicles the license decals or license plates issued for such vehicle: (b) Any licensee transacting and carrying on business but not operating at a fixed place of, business in-the city shall keep the license upon his person at all times while transacting and carrying on such business and have in or upon each of the licensee's business vehicles, at the. time of operation in this city, the license decal or license plate issued for such vehicles. (766-7/60, 838-6/61) 5.08.180 Application--Contents. Before any license is issued to any person, unless otherwise provided in this title; a-written application by the applicant shall be made to the City Clerk, upon a form to be secured from the City Clerk, and which application,shall contain the following ' information: (a) The exact nature or kind of business, profession, show, exhibition, game, occupation'or enterprise for which the license is requested; (b) The place where such business, profession, show, exhibition, game, occupation or enterprise is to be carried on, and if the same is not to be carried on at any permanent place of business, the places of residence of the owners of the same; (c)'Any further information which the City Clerk may require to enable him to issue the type of license applied for; (d) Iri the event that application is made for the issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and place of residence of those owning the business, profession, show, exhibition, game, occupation or enterprise. (766-7/60) 5.08.190'License--Contents. All licenses, unless otherwise provided in this code,shall be prepared and issued by the City,Clerk upon payment to,the City Collector the sum required to be paid hereunder. Each license so issued shall state upon the face thereof the following: (a) The,persons to whom the same is issued. (b) The kind of business, profession, shows,•exhibition, game, occupation, or enterprise licensed, and the location of the same. i (c)The amount paid therefor. (d) The date of expiration of such license. (766-7/60). 5.08.200 Error by Clerk--Correct amount due. In no case shall any mistake of the City Clerk in stating the amount of a license prevent or prejudice the collection by the city of what should be actually due from any person carrying on any business, profession, show, exhibition, game, occupation or enterprise subject to a license under the provisions of this title. (766-7/60) 10/70 Huntington Beach Municipal Code 5.08.210--5.08.230(b) 5.08.210 Affidavit--Statement of average number of employees. In all cases where the r^ license is based upon the average number of employees, the licensee shall submit to the City Clerk for guidance in ascertaining the amount of the license tax to be paid by the licensee, a written statement upon a form to be provided by the City Clerk, written under penalty of perjury, or sworn to before a person authorized to administer oaths, setting forth such information concerning the licensee's business during the preceding year as may be required by the City Clerk to be able to ascertain the amount of the license tax to be paid by the licensee pursuant to the provisions of this title. (766-7160) 5.08.220 Statements not conclusive determination. (a) No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the City Clerk, his deputies or authorized employees of the city, who are authorized to examine, audit and inspect those personnel records required to establish firmly the average number of employees for the preceding year, of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license fee due. (b) All licensees, applicants for license, and persons engaged in business in the city are required to permit an examination of such books and records for the purposes aforesaid. (c) The information furnished or secured pursuant to this section or Section 5.08.210 shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this title in addition to any other penalties provided by law. (766-7/60) 5.08.230 Failure to file statement. (a) If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the City Clerk he fails to file a corrected statement, the City Clerk may determine the amount of license tax due from such person by means of such information as he may be able to obtain. (b) If such determination is made, the City Clerk shall give a notice of the amount so assessed by serving it personally or by depositing in the United States Post Office at Huntington Beach, California, postage prepaid, addressed to the person so assessed at his last known address. Such person may, within fifteen(15) days after the mailing or service of such notice make application in writing to the City Clerk for a hearing on the amount of the license tax. Is such application is made, the City Clerk shall cause the matter to be set for hearing within fifteen (15) days before the City Council. The City Clerk shall give at least ten (10) days notice to such person of the time and place of hearing in the manner prescribed above for serving notices of assessment. The City Council shall consider all evidence produced, and shall make findings thereon, which shall be final, Notice of such findings shall be served upon the applicant in the manner prescribed above for service of notices of assessments. (766-7/60) 10/70 5.08.240--5.08.260 Huntington Beach Municipal Code 5.08.240 Appeal. Any person aggrieved by any decision of the City Clerk with respect to the issuance or refusal to issue such license may appeal to the City Council by filing a notice of appeal with the City Clerk. The City Council shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Huntington Beach, California, postage prepaid, addressed to such person at his last known address. The City Council shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provisions of this title. (766-7/60) 5.08.250 Additional power of City Clerk. In addition to all other power conferred upon the City Clerk, he shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued; and shall have the further power, with the consent of the City Council, to compromise and claim as to amount of license tax due. (766-7/60) 5.08.260 Deposit of fees into general fund. (a) All fees, penalties and other moneys received by the City Collector pursuant to the provisions of this title shall be deposited with the City Treasurer and to the general fund of this city upon the business day next following the receipt of the same. (b) On or before the first day of each and every month the City Collector shall deliver to the City Clerk a full statement of all licenses issued by him during the immediate preceding month, the names of all licensees, and the amount of fees, penalties and other moneys collected on each license. (c) The City Clerk shall keep full, adquate and accurate records pertaining to the issuance of licenses under this title. (766-7/60) 10/70 " a Huntington Beach Municipal Code 5.10.010-5.10.050 Chapter 5.10 ENFORCEMENT OF TITLE (327-4/29, 766-7/60, 838-6/61, 904-6/62, 1842-6/73) Sections: 5.10.010 Administrative and Enforcement Officer designated 5.10.020 Examination of business place 5.10.030 Officers' right of entry 5.10.040 License--Revocation--Suspension 5.10.050 License--Revocation--procedure initiation 5.10.060 Hearing--Notice 5,10.070 Hearing--Licensee right t 5.10.080 License--Tax a debt 5.10.090 Remedies cumulative 5.10.100 Zoning and other regulations 5.10.010 Administrative and enforcement officer designated. The Director of Finance is charged with the administration and enforcement of each and every provision contained in this title, and wherever in this title the term"City Clerk" appears, it means the Director of Finance, except that any appeal shall be taken pursuant to provisions set out in Section 5.08.240. The License Supervisor and Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the Director of Finance or the City Council. (766-7/60, 904- 6/62, 1842-6/73) 5.10.020 Examination of business place. The License Supervisor, in the exercise of the duties imposed upon him hereunder, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this title have been complied with. (766-7/60, 904-6/62, 1842-6/73) 5.10.030 Officers' right of entry. The Director of Finance, the License Supervisor and his inspectors, and any Police Officer shall have the power and authority to enter, free of charge at any reasonable time, any place of business required to be licensed herein, and demand exhibition of its license certificate. Any person having such license certificate theretofore issued, in his possession or under his control, who wilfully fails to exhibit same on demand, shall be guilty of a misdemeanor and subject to the penalties provided by this title. It shall be the duty of the Director of Finance, or his representatives, to cause a complaint to be filed against any and all persons found in violation of any of the provisions set forth herein. (766-7/60, 904-6/62, 1842-6/73) 5.10.040 License--Revocation--Suspension. Any licensee who shall permit the violation of city ordinances or state laws or of the laws of the United States of America within his licensed establishment shall be subject to having his license suspended or permanently revoked by the City Council. (327-4/29, 372-3/34, 838-6/61, 904-6/62) 5.10.050 License--Revocation--Procedure initiation. Any license issued hereunder may be revoked by the City Council upon its own motion or upon the verified complaint of any citizen or _ resident of this city upon proof being made to the satisfaction of the City Council that the licensee 6/73 � M , 5.10.050--5.10.100 Huntington Beach Municipal Code is conducting the business licensed in such a manner as to be detrimental to the public health, morals or safety of the general public. (327-4129, 372-3/34, 838-6/61, 904-6/62) ~� 5.10.060 Hearing--Notice. No such license shall be revoked except upon a hearing by the City Council, of which hearing the licensee shall have had not less than ten (10) days notice. Such notice, written and served upon the licensee either personally or by certified mail, with return receipt requested (and when by certified mail, deposited in the United States Post Office at this city not less than ten (10) days before the date of the hearing, addressed to the licensee at the place for which the license was issued, with postage paid thereon) shall be sufficient notice. (327- 4/29, 372-3/34, 838-6/61, 904-6/62) 5.10.070 Hearing--Licensee right. At such hearing, the licensee shall be entitled to be represented by counsel, and shall be given full opportunity to show cause why his license shall not be revoked. (327-4/29, 372-3/34, 838-6/61, 904-6/62) 5.10.080 License--Tax a debt. The amount of any license tax and penalty imposed by the provisions of this title shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent license tax and penalties. (766-7/60, 904-6/62) 5.10.090 Remedies cumulative.-All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. (766-7/60, 904-6/62) j 5.10.100 Zoning and other regulations. No license shall be issued to any person failing to present any land use permit required by the zoning provisions of this code, or who has failed to comply with the provisions of any other provision of this code having to do with regulation of any trade, business or occupation. (766-7/60) 6/63 Huntington Beach Municipal Code 5.12.010-5.12.060 Chapter 5.12 EXEMPTIONS TO PROVISIONS (766-7/60, 1224-8/66) Sections: 5.12.010 Exemptions--Generally 5.12.020 Interstate commerce 5.12.030 Charitable and nonprofit organizations 5.12.040 Disabled veterans--Exempted when 5.12.050 Disabled veterans--Certificates and photographs furnishing 5.12.060 Disabled veterans--License issuance conditions 5.12.010 Exemptions--Generally. Nothing in this title shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the State of California from the payment of such taxes as are herein prescribed. (766-7/60) 5.12.020 Interstate commerce. (a) None of the license taxes provided for by this title shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license tax is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the City Clerk for an adjustment of the tax so that it shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, at or within six(6) months after payment of the prescribed license tax. The applicant shall, by affidavit and supporting testimony, show his method of business and the average number of employees or estimated average number of employees and such other information as the City Clerk may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The City Clerk shall then conduct an investigation, and after having first obtained the written approval of the City Attorney, subject to the approval of the City Council, shall fix as the license tax for the applicant, an amount that is reasonable and nondiscriminatory, or if the license tax has already been paid, shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the City Clerk shall have the power to base the license tax upon the average number of employees or any other measure which will assure that the license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the license tax as prescribed by this title. Should the City Clerk determine the average number of employees measure of license tax to be the proper basis, he may require the applicant to submit, either at the time of termination of applicant's business in the city or at the end of each three (3) month period, a sworn statement of the average number of employees and pay the amount of license tax therefor, provided that no additional license tax during any one (1) calendar year shall be required after the licensee shall have paid an amount equal to the annual license tax as prescribed in this title. (b) Any person claiming an exemption pursuant to this chapter shall file a verified statement with the City Clerk stating the facts upon which exemption is claimed. 8/66 5.12.020(c)--5.12.050 Huntington Beach Municipal Code (c) The City Clerk shall, upon a proper showing contained in the verified statement, subject to approval of the City Council, issue a license to such person claiming exemption under this section without payment to the city of the license tax required by this title. (d) The City Clerk, after giving notice and a reasonable opportunity for hearing to a licensee, as provided in section 5.08.240 and 5.08.250, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein. (766-7160) 5.12.030 Charitable and nonprofit organizations. (a) As used in this title, "charitable" and"nonprofit organizations" shall include only religious, charitable, fraternal, educational, military, state, county or municipal organizations or associations. The provisions of this chapter shall not be deemed or construed to require the payment of a license tax to conduct, manage or carry on any business, occupation or activity from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, nor shall any license tax be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects within the city whenever the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated at any church or school or to any religious or benevolent purpose; nor shall any license tax be required for the conducting of any entertainment, dance, concert, exhibition or lecture by a religious, charitable, fraternal, educational, military, state, county, or municipal organizations or associations, or lecture are to be appropriated for the purpose and object for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual; provided, however, that nothing in this section shall be deemed to exempt any such organization or association from complying with any of the provisions of this code requiring a permit from the City Council or any commission or officer to conduct, manage or carry on any profession, trade, calling or occupation. (b) The waiver of any fees under this section shall be accomplished by the City Administrator or his authorized representative affixing his written approval to the license application upon proof to his satisfaction that the conditions of this section have been-satisfied. (766-7/60, 1224-8/66) 5.12.040 Disabled veterans--Exempted when. Every honorably discharged soldier, sailor or marine of the United States, who is physically unable to obtain his livelihood by means of manual labor and who is a qualified voter of the State of California, shall have the right to hawk, peddle and vend any goods, wares, or merchandise owned by him, except spiritous, malt, vinous or other intoxicating beverages, without the payment of a license fee, subject, however, to the restrictions, limitations, regulations and conditions hereinafter set forth. (327-4/29, 766-7/60) 5.12.050 Disabled veterans--Certificates and photographs furnishing. Every applicant must comply with the following requirements before a license may be issued under the provisions of this chapter: 8/66 Huntington Beach Municipal Code 5.12.050(a)--5.12.060(h) (a) Every applicant must furnish a certificate of physical disability executed by a qualified surgeon of the United States Navy, Army, Marines, Air Force or U. S. Public Health Service, a certificate of honorable discharge from the United States Navy, Army, Marines, Air Force or U. S. Coast Guard, and a written recommendation from the representatives of the local posts of the American Legion and/or the Veterans of Foreign Wars. (b) Every applicant must furnish two (2) identification photographs, one to be attached to the license issued to said applicant, and the other to be attached to the copy retained by the City Clerk. The applicant must also sign both copies of the license at the time of the issuance thereof. (327-4/29, 766-7/60) 5.12.060 Disabled veterans--License issuance conditions. A license when issued is subject to the following conditions: (a) It is nontransferable and for the exclusive use of the licensee named; (b) Applicant's identification photograph must be attached to the license at all times, and failure to comply herewith is grounds for revocation of the license and for refusing its renewal or the issuance of a new license thereafter; (c) Should a license be found in the possession of one other than the licensee named, it shall be surrendered to the City Clerk and canceled, and neither the licensee named nor the holder thereof shall thereafter be entitled to hold a license under the provisions of this section; (d) The licensee named must identify himself by his signature whenever required to do so by a Police Officer or City Clerk or his authorized deputies; (e) Whenever the licensee uses any wagon, cart, tray, basket or other vehicle or receptacle in vending any such goods, wares or merchandise, the license shall be carried in a license holder attached to the vehicle or receptacle in plain view; (f) Every license issued under the provisions of this section shall expire thirty (30) days from and after the date of issuance and a new license may thereafter be issued pursuant to the provisions of this section; (g) It is unlawful for any person, other than the licensee named, to use or have in his possession any license issued pursuant to the provisions of this section; (h) It is unlawful for any person to purchase or transfer any license issued pursuant to the provisions of this section, or for any person to transfer or convey the certificates mentioned in Section 5.12.050(a) above to any other person for the purpose of securing a license as herein provided. (327-4/29, 766-7/60) 8/66 1 Huntington Beach Municipal Code 7.12.010-7.12.020(a)(4) Chapter 7.12 MISCELLANEOUS ANIMAL CARE AND CONTROL (27-11/09,66-9/10,885-2/62,1279-2/67,1352-11/67,1835-5/73,1857-8/73,1905-4/74,1910-6/74,2067-5/76,Urg.2084-6/76, 2095-9/76,2547-5/82,2936-4/88,3169-9/92) Sections: 7.12.010 Bees 7.12.020 Running at large prohibited 7.12.030 Animal premises kept clean 7.12.040 Keeping animals near inhabited structures 7.12.050 Animals prohibited in food-handling premises 7.12.060 Dead--Carcass disposal 7.12.070 Noisy animals 7.12.080 Goats 7.12.090 Horses 7.12.100 Cattle and hogs 7.12.110 Fowl and rabbits--At large 7.12.120 Fowl and rabbits--Keeping restrictions 7.12.130 Fowl--Number permitted 7.12.140 Monkeys and chimpanzees to be secured 7.12.150 Kennels 7.12.160 Residential Animal Permit 7.12,290 Enforcement 7.12.300 Penalty 7.12.010 Bees. No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him in the City, any hive bees within two hundred (200) feet of any dwelling house of the owner or person in control of such bees. This section shall not apply to the keeping of bees within an educational institution for study or observation, or within a physician's office or laboratory for medical research, treatment, or other scientific purposes, provided they are not permitted to fly at large. (885-2/62,1279-2/67,1905-4/74,Urg 2067-5/16,2o95-9n6) 7.12.020 Running at large prohibited. (a) No person owning or having control of any ox, steer, bull, cow, horse, colt, calf, sheep, goat, cat or any animal of a species commonly referred to as wild shall: (1) Permit such animal to run at large in the City; (2) Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane, alley, park, or other public place; (3) Tie, stake, pasture or permit the tying, staking or pasturing of any such animal upon any private property within the limits of the City, without the consent of the owner or occupant of such property, or in such a way as to permit any animal to trespass upon any street or public place or upon any such private property; (4) Permit any of said animals to be or remain during the nighttime secured by a stake, or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal, or by securely fastening such animal by means of a rope, or chain of sufficient size, strength, and weight to effectively restrain such animal; or 9/92 7.12.020(a)(5)--7.12.080(b) Huntington Beach Municipal Code (5) Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise. , (b) No person owning or having charge, custody, control or possession of any animal or reptile known by such person to be vicious or dangerous, or commonly so known, or owning or having charge, custody, or possession of any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, monkey, ape, chimpanzee, bobcat, lynx, wildcat, puma, cheetah or any animal of a species commonly referred to as wild or any poisonous reptile, shall permit or allow the same to be at large upon any highway, street, lane, alley, court or other-public place or upon any private property other than within the enclosed premises of such person. (1279-2/67,1352-11/67, 1835-5/73, 1905-4/74,1910-6/74,Urg.2084-6/76) 7.12.030 Animal premises kept clean. Every person owning or occupying premises where any animal, fowl or bird is kept shall keep the stable, barn,,stall, pen, coop, building or place in which the animal is kept in a clean and sanitary condition. (885-2/62,1279-2/67,Urg.2084-6/76) 7.12.040 Keeping animals near inhabited structures. No person shall keep any animal, fowl or bird, wild or domestic, other than dogs, cats, canaries, or birds of the psittacinae family, within fifty(50) feet of any inhabited structure, school or hospital provided, however, that when any person keeps more than four (4) birds of the psittacinae family, he shall keep such birds at least thirty-five (35) feet from any of said structures. (885-2/62,1279-2/67,1905-4/74,Urg.2084-6n6) 7.12.050 Animals prohibited in food-handling premises. No person shall bring any dog, cat or other live animal, or permit any dog, cat or other live animal to be brought into or to remain in any room or place, other than a private home where food is not handled for commercial purposes, in which meat, fish, game, poultry, fruit, vegetables, bakery goods or any other food or food product is stored, kept, held, prepared, exposed or offered for sale, or sold for human consumption; or permit any dog, cat or other live animal to ride upon or get into or upon any wagon,or other vehicle in which any such articles offered or to be offered for sale for human consumption are being kept or transported; provided, however, that the provisions of this section shall not apply to a dog trained to guide the blind. (1279-2/67,1905-4/74,2095-9/76 Urg.2084-6/76) 7.12.060 Dead--Carcass disposal. It is declared to be a nuisance and no person shall cause, suffer or permit the carcass of any animal to remain upon any lot, premises or place owned, controlled or occupied by him or it for a period of more than twenty-four (24) hours, or to bury the carcass of any animal upon the premises owned, controlled or occupied by him or it in the City. (885-2162,1279-2/67, Urg.2084-6/76) 7.12.070 Noisy animals. It is a nuisance, and no person shall keep, maintain or permit upon any lot or parcel of land within the City under his control, any animal or animals, including any fowl, which by any sound or cry, shall interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons. (1279-2/67,1905-4/74, Urg.2084-6/76) 7.12.080 Goats. (a) It is a nuisance and no person shall keep or maintain any goat within fifty (50) feet of any dwelling house other than that occupied by him or it, or more than two (2) goats within one hundred (100) feet of any dwelling house other than that occupied by him or it, or more than four (4) goats within three hundred (300) feet of any dwelling house other than that occupied by him or it, or more than five (5) goats within one thousand (1000) feet of any dwelling house other than that occupied by him or it. (b) No person shall keep or maintain any male goat exceeding the age of six (6) months within the limits of the City. (885-2/62, 1279-2/67,1905-4/74,Urg.2084-6/76) 9/92 " a Huntington Beach Municipal Code 7.12.090-7.12.140(a) 7.12.090 Horses. (a) It is declared to be a nuisance and no person shall stable or corral any horse or horses within fifty (50) feet of any street line. (b) It is declared to be a nuisance and no person shall stable or corral any horse or mule within fifty (50) feet of any dwelling house other than occupied by him or them, or to stable more than two horses or mules within one hundred (100) feet of any dwelling house other than that occupied by him or them. (c) No person, firm or corporation shall keep or stable any burro or burros, or donkey or donkeys, within one hundred (100) feet of any dwelling house other than that occupied by him or it. (d) Street line. For the purposes of this chapter, "street line" means the nearest edge of any sidewalk and, if there is no sidewalk, the nearest edge of any curb, and if there is no sidewalk or curb, the nearest edge of the improved portion of the public right-of-way. (885-2/62, 1279-2/67, 1352-11/67, 1905-4/74,Urg. 2084-6/76) 7.12.100 Cattle and hogs. It is a nuisance and no person shall keep or maintain in the City cattle or hogs at or upon premises owned, occupied or controlled by him within three hundred (300) feet of any dwelling other than occupied by him; or to keep or maintain any cattle within three hundred (300) feet of any school or hospital, or within one hundred (100) feet of any street line, except as otherwise provided in this Chapter. (66-9/10, 885-2/62, 1279-2/67, 1835-5/73, 1905-4/74, Urg. 2084-6/76, 3169-9/92) 7.12.110 Fowl and rabbits--At large. It is a nuisance and no person shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits, owned or controlled by him or it, to run or fly at large or go upon the premises of any other person in the City. (27-11/09,885-2/62,1279-2/67, 1905-4/74,1835-5/73,Urg.2084-6/76) 7.12.120 Fowl and rabbits--Keeping restrictions. It is a nuisance and no person shall keep chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits, owned or controlled by him or it, within fifty (50) feet of any street line or within twenty (20) feet of any property line, or within one hundred (100) feet of any dwelling house or structure used as a dwelling, church, school, hospital or place where food products are kept, stored, manufactured or served to the public, unless such house or structure be occupied by him or it, or to keep any rooster over four (4) months old in the City limits. (27-11/09,66-9/10,885-2/62,1279-2/67,1835-5/73, 1905-4/74, Urg.2084-6n6) 7.12.130 Fowl--Number permitted. No person shall keep or maintain in the City more than ten (10) in all of chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl; and keeping or maintaining more than ten (10) fowl shall be presumptive evidence of a public nuisance. The presumption created by this section is a rebuttable presumption affecting the burden of proof. (66-9/10,885-2/62,1279-2/67,1905-4/74,Urg.2084-6/76) 7.12.140 Monkeys and chimpanzees to be secured. (a) No person owning or having control of any monkey, ape, chimpanzee or other animal of the monkey type, shall permit, allow or suffer such animal to run at large within the City or permit, allow or suffer such animal to be or go upon any street or public place within the City without having such animal securely fastened by an adequate chain or rope, firmly held by or C', attached to a competent person. 9/92 7.12.140(b)--7.12.300 Huntington Beach Municipal Code (b) Such animal shall be deemed and considered as running at large, within the meaning of the expression as herein used, when not confined in an enclosure or when not securely tied or \ chained. (885-2/62, 1279-2/67, 1352-11/67,1835-5/73,1857-8/73,1905-4/74,Urg.2084-6/76) 7.12.150 Kennels. (a) "Kennel" means any property where four(4) or more dogs, or four (4) or more cats, over the age of four (4) months, are kept or maintained for any purpose, except veterinary clinics and hospitals. (b) No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him in the City, any kennel within two hundred (200) feet of any dwelling house except the dwelling house of the person in control of such kennel. (c) Any person, firm or corporation which conducts a kennel operated or carried on primarily for financial gain shall obtain a business license pursuant to Title 5 of this code. (1279-2/67,1905-4/74, 2095-9/76) 7.12.160 Residential Animal Permit. (a) A residential animal permit shall be required for the keeping of one goose, rabbit, miniature pot-bellied pig, or duck subject to the review and approval of the Director of Community Development. "Miniature pot-bellied pig" means any pig weighing not more than 125 pounds that is continuously registered with a nationally recognized miniature pig association. All miniature pot-bellied pigs kept pursuant to a residential animal permit shall be spayed or neutered; proof of sterilization shall be presented to the Director of Community Development prior to the issuance of a residential animal permit. (2936-4/88, 3169-9/92) (b) At the time the application is made for a residential animal permit, the applicant shall pay a fee established by resolution of the City Council. (2936-4/88) (c) Premises shall be kept clean and free of all matter which may create odors or attract rodents. (2936-4188) (d) The animal shall comply with all applicable sections of Chapter 8.40, Noise Control of the Municipal Code. (2936-4/88) (e) The Director of Community Development may impose conditions of approval in addition to the above. (2936-4/88) (f) The applicant shall be required to sign an affidavit that he/she understands all of the conditions of approval for the residential animal permit at the time the permit is issued. (2936-4/88) (g) Any authorized City employee may inspect the premises for which an application has been granted for a residential animal permit. (2936-4/88) (h) A violation of any of the above conditions of approval shall be cause for revocation of the residential animal permit. (2936-4/88) (i) Prior to issuance of a residential animal permit, notices shall be sent to all abutting property owners and tenants notifying them of the pending application for said permit. (2936-4/88) 7.12.290 Enforcement. The Community Development Director and his designees are hereby authorized and directed to enforce the provisions of this chapter. (2547-5/82) 7.12.300 Penalty. A violation of any of the sections in this chapter is an infraction and, upon conviction thereof, shall be punished by a fine not to exceed one hundred dollars ($100).(2095-9n6) 9/92 ' a Huntington Beach Municipal Code 10.42.010--10.42.030(a)(1) Chapter 10.42 RESIDENTIAL PARKING PERMIT (2619-1/84, 2977-1/89) Sections: 10.42.010 Definitions 10.42.020 Designation of parking district 10.42.030 Designation process and criteria 10.42.040 Issuance and display of permits 10.42.050 Establishment of fee 10.42.060 Parking permits issued 10.42.070 Guest permits 10.42.080 Replacement of permits lost or stolen 10.42.090 Posting permit areas 10.42.100 Restrictions on parking permits 10.42.110 Exemptions 10.42.120 Revocation of permit 10.42.010 Definitions. For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out unless it shall be apparent from the context that they have a different meaning: (a) Commuter vehicle shall mean a motor vehicle owned or controlled by a person who is not a resident of a residential parking permit area and parked in a residential parking permit area. (b) Resident shall mean a person, or his guest, who lives in a dwelling unit located in a residential parking permit area. (c) Residential parking permit area shall mean a street segment between intersections, designated by resolution of the City Council, wherein vehicles displaying a valid parking permit shall be exempt from parking restrictions established pursuant to the provisions of this chapter. (2619-1/84) 10.42.020 Designation of parking district. The City Council may designate, by resolution, upon the streets thereof, the residential parking districts and the Director is authorized to establish parking restrictions. The resolution shall establish the streets and boundaries of such districts. (2619-1/84) 10.42.030 Designation process and criteria. (a) Petition of residents. The Director is authorized to establish districts upon the following criteria: (1) Upon receipt and verification of a petition signed by persons occupying dwelling units comprising not less than seventy-five percent (75%) of the developed frontage of the street proposed for designation, the Director shall undertake such surveys or studies as are deemed necessary to determine whether a street should be designated as a residential parking district. 1/89 10.42.030--10.42.050(a) Huntington Beach Municipal Code (2) Findings of need and necessity. If the Director finds that on-street parking on a street is substantially reduced or impaired by commuter vehicles for an extended period, the Director may recommend to the City Council that the street be designated as a residential parking district. (b) Factors to be considered. In determining whether a street identified as eligible for designation as a residential parking area may be so designated, the Director shall consider factors and criteria which include, but are not limited to, the following: (1) The extent to which the residents desire and need permit parking and their willingness to bear the administrative cost in connection therewith. (2) The extent to which legal on-street parking spaces are not available for the use of residents and their guests because they are occupied by commuter vehicles. (3) Whether other regulatory measures would better solve the problem, e.g., parking restrictions and strict enforcement of such restrictions. (2619-1/84) 10.42.040 Issuance and display of permits. Parking permits for residential parking permit areas, valid for one calendar year, shall be issued by the Director. Permits may be renewed annually upon reapplication in the manner required by the Director. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant, his residence address or address of real property owned or leased within a residential permit parking area, the license number(s) of the motor vehicle(s) for which application is made, and such other information as may be deemed relevant by the Chief of Police, or his designee. Permittees shall display the residential parking permit as follows: (a) Permit may be hung on the rear view mirror while the vehicle is parked; or (b) Permit may be placed upon the dashboard of the vehicle so that it is plainly visible through the windshield from the exterior of the vehicle; or (c) Permit may be attached to the left rear portion of the vehicle so as to be plainly visible from the street. (2619-1/84) 10.42.050 Establishment of fee. An initial charge shall be established for each dwelling unit with frontage within the designated street, and shall be based on the costs to establish the district. Such costs shall include, but are not limited to, installation of signs, curb markings, and other devices to define the district. The initial charge shall be equal for each dwelling unit included in the district and shall be paid only one time for each such dwelling unit. The Department of Public Works shall maintain a record of each unit and payment therefrom. A renewal fee shall be set by resolution of the City Council for issuance of annual renewal permits. The following shall require a renewal fee: (a) Renewal of an existing permit. 1/89 Huntington Beach Municipal Code 10.42.050-10.42.110(b) (b) Obtaining an additional permit for an additional vehicle. (c) New resident of a dwelling unit for which the initial charge has been paid. The renewal fee, as established by resolution of the City Council, shall be prorated by the moth for the unexpired period available. (2619-1184) 10.42.060 Parking permits issued. Upon receipt of appropriate fees and application, the Director shall issue parking permit(s) for vehicles applied for up to a maximum of four (4) permits per dwelling unit. Where the vehicle has been disposed of for which a permit has been issued and a substitute vehicle acquired, the permit may be used in the substitute vehicle provided the Director is informed in writing of the change and given the necessary information regarding the substitute vehicle.. (2619-1184) 10.42.070 Guest permits. In addition to the regular permits issued for each dwelling unit, two (2) guest passes will be given to the permittee. These guest permits shall be valid for the same period as the annual permit and shall be reissued in the same manner. (2619-1/84) 10.42.080 Replacement of permits lost or stolen. Upon payment of a fee established by resolution of the City Council, a residential parking permit that has been lost or stolen may be replaced with a new permit. The lost or stolen permit shall be considered void. Use of any such voided permit is prohibited. (2619-1/84) 10.42.090 Posting permit areas. Upon adoption by the City Council of a resolution designating a residential parking permit area, the Department of Public Works shall cause appropriate signs to be erected, indicating prominently thereon the parking limitation, period of the day for its application, and the fact that motor vehicles with valid permits shall be exempt therefrom. (2619- 1/84) 10.42.100 Restrictions on parking permits. Notwithstanding other provisions of this chapter, the following restrictions shall apply: (a) A residential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space in a designated residential parking permit area. (b) All street sweeping regulations shall be observed. (c) No vehicle shall be left parked in any parking place in excess of seventy-two (72) hours. (2619-1/84) 10.42.110 Exemptions. The following vehicles shall be exempt from the parking restrictions imposed by this chapter: (a)A motor vehicle owned by or operated under contract to a utility, whether privately or publicly owned, when used in the construction, operation, removal or repair of utility property or facilities or engaged in authorized work in the designated residential parking permit area. C", (b) A motor vehicle identified as owned by or operated under contract to a governmental agency and being used in the course of official government business. 1/89 f� f 10.42.110(c)--10.42.120 Huntington Beach Municipal Code (c) A commercial vehicle or trailer while loading or unloading property, or when such vehicle is parked in connection with or in aid of the performance of a service to or on real property in the residential parking permit area in which such commercial vehicle is parked. (d) Any authorized emergency vehicle as defined by California Vehicle Code Section 165. The curb parking area within the boundaries of any public facility shall be exempt from the provisions of this chapter. The Director shall install signs indicating such limits. (2619-1/84) 10.42.120 Revocation of permit. The Director may revoke a residential parking permit for one (1) year if a permittee has: (a) Falsely represented himself as eligible for a parking permit or furnished false information in an application for a parking permit. (b) Has copied, reproduced or created a facsimile or counterfeit parking permit, or used or displayed a facsimile or counterfeit residential parking permit. When a parking permit is to be revoked, the Director or his designee, shall give the permittee fifteen(15) days notice of his intention to do so by mail, postage prepaid, addressed to the permittee at the address shown on the permit application. The permittee shall immediately surrender such permit to the Director unless he files an appeal prior to the expiration of the fifteen-day period with the City Administrator for an administrative review. The City Administrator may confirm, overrule or modify the decision of the Director to revoke such permit, and the decision of the City Administrator shall be final. (2619-1/84) 1/89 Huntington Beach Municipal Code 17.36.010--17.36.020 Chapter 17.36 TRAILER PARKS AND REGULATIONS (1150-6/65, 2149-2/77, 2214-9/77) Sections: 17.36.010 Unlawful occupancy 17.36.020 Unlawful use 17.36.010 Unlawful occupancy. It is unlawful for any person in a mobilehome park to use or cause or permit to be used for occupancy any mobilehome in conflict with the provisions of Chapter 4 and 5 of Title 25 of the California Administrative Code. (1150-6/65, 2149-2/77) 17.36.020 Unlawful use. It is unlawful for any person to occupy as living quarters any mobilehome upon any area or tract of land within the city except as follows: (a) A mobilehome may be occupied and used as living quarters in a mobilehome park complying with Chapter 4 and 5 of Title 25 of the California Administrative Code and the Huntington Beach Ordinance Code. (b) A mobilehome may be occupied and used as living quarters where specifically approved or required by the Huntington Beach Ordinance Code and shall comply with Chapters 4 and 5 of Title 25 of the California Administrative Code. (1150-6/65, 2149-2/77) C-1 9/77 Huntington Beach Municipal Code 17.40.010--17.40.040 Chapter 17.40 MECHANICAL CODE (1408-5168, 1628-2/71, 1938-10/74, 2172-3/77, 2235-12/77, 2282-5/78,2337-1/79, 2431-7/80, 2747-2/85, 2976-12188, 3022-12/89, 3147-7/92) Sections: 17.40.010 Adoption 17.40.020 Title 17.40.030 Amendment to Appendices 17.40.040 Exception to Section 2003(a) amended 17.40.010 Adoption. There is hereby adopted by the City Council of the City of Huntington Beach that certain code known as the Uniform Mechanical Code, 1991 edition, and the whole thereof, including appendices except as hereinafter provided but excluding chapters 1 through 3 thereof, compiled by the International Association of Plumbing and Mechanical Officials, and International Conference of Building Officials. Such code, and amendments thereto, is hereby adopted and incorporated, pursuant to California Government Code sections 50022.2 et seq., and Health and Safety Code Section 18941.5, as fully as though set forth at length herein, for the purpose of protecting public health and safety by prescribing by minimum standards for the use, design and installation of heating, ventilating, comfort-cooling equipment and refrigeration systems; by requiring a permit and inspection for the installation, alteration and replacement of said equipment. From the date on which this chapter takes effect, the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. (1938-10/74, 2172-3/77, 2431-7/80, 2747-6/85, 2976-12/88, 3022-12/89, 3147-7/92) 17.40.020 Title. This chapter shall be known as the "Huntington Beach Mechanical Code," may be cited as such, and will be referred to herein as "this code." (1408-5/68, 1628-2/71, 1938-10/74, 2431-7/80, 2747-6/85) 17.40.030 Amendments to appendices. The Uniform Mechanical Code is hereby amended by deleting from the appendices Section 2124 of Chapter 21 and Chapter 24 in whole titled "Process Piping." (3147-7/92) 17.40.040 Exception. Subsection 2003(a) is hereby amended by adding the following exception: A hood will not be required where the only warming appliance in the business establishment is an enclosed electric convection oven having a capability of reaching a maximum of 3500 F temperature and not over four (4) cubic feet in size and listed by an approved testing agency. (3147-7/92) 1 7/92 City Clerk' s Office ------------(FC) --( 5 ) ----------- City Atty' s book/chamber Counter Records Manager Legislative drawer Codification HUNTINGTON BEA CH ORDINANCE CODE UPDA TES (Effective 5/6/94) Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Please Remove from Code Please Add to Code Article 906 Article 906 Q gar Questions regarding these updates? g p Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 d8afi1es\c1erk\1an\p1ancd1 I Huntington Beach Ordinance Code 9060 Article 906 DISTRICTS (495-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1/61 , 822-4/61 , 880-1 /62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92, 3211-10/93, 3233-5/94) Sections: 9060 Districts 9061 District maps 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: (2830-5/86) RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional Cl Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial M1-A Restricted Manufacturing M1 Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space S1 Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil suffix -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification 5/94 9060--9061 Huntington Beach Ordinance Code The following designations also appear on the sectional district maps. They refer to specific plans that are available under separate cover from the City Clerk and Community Development. (2905-A-11 /87) North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan Seacliff Specific Plan Ellis-Goldenwest Specific Plan Meadowlark Specific Plan Holly-Seacliff Specific Plan Magnolia Pacific Specific Plan (495-6/46, 731-10/59, 737-12/59, 807-1 /61 , 822-4/61 , 880-1 /62, 881-1 /62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , 1845-7/73, 1944-11 /74, 1988-7/75, 2024-3/76, 2134-1 /77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1 /73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87) 9061 District Maps. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (2830-5/86) (737-11 /59, 754-4/60, 2830-5/86, 2905-A-11 /87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90 ["Whitehole" Res No 6119 goes with this ordinance] , 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1 /92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, j 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92/DM 14, 3211-10/93, 3233-5/94/DM 15/26) 5/94 Huntington Beach Ordinance Code 9060 Article 906 DISTRICTS (495-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1/61 , 822-4/61 , 880-1 /62, 881-1 /62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1 /73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92, 3211-10/93) Sections: 9060 Districts 9061 District maps 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: (2830-5/86) RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional Cl Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial Ml-A Restricted Manufacturing M1 Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space S1 Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil suffix -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification 10/93 9060--9061 Huntington Beach Ordinance Code The following designations also appear on the sectional district maps. They refer to specific plans that are available under separate cover from the City Clerk and Community Development. (2905-A-11/87) North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan Seacliff Specific Plan Ellis-Goldenwest Specific Plan Meadowlark Specific Plan Holly-Seacliff Specific Plan Magnolia Pacific Specific Plan (495-6/46, 731-10/59, 737-12/59, 807-1 /61 , 822-4/61 , 880-1/62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , 1845-7/73, 1944-11 /74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1 /73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87) 9061 District Maps. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (2830-5/86) (737-11/59, 754-4/60, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90 ["Whitehole" Res No 6119 goes with this ordinance] , 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92/DM 14, 3211-10/93) I I 10/93 HUNTINGTON BEACH f MUNICIPAL CODE UPDATES (Effective 3/23/94) Please Remove from Code Please Add to Code Chapter 5.68 Chapter 5.68 Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 950323.doc Huntington Beach Municipal Code 5.68.010-5.68.040 Chapter 5.68 .� . SPECIFIC EVENTS (2376-7/79,2734-12/84, 3274-3/95) Sections: 5.68.010 Specific event defined 5.68.020 Permit required 5.68.030 Interference with specific event 5.68.040 Permit application 5.68.050 Application--Contents of 5.68.060 Specific events committee established 5.68.070 Permit applications--Procedure 5.68.080 Permit--Granting or refusal 5.68.090 Permit--Surety and insurance 5.68.100 Permit--Granting conditions 5.68.110 Permit--Denial 5.68.120 Reconsideration of application 5.68.130 Permit--Contents of 5.68.140 , Permit--Ddnial--Alternatives submitted 5.68.150 Permit--Late application 5.68.160 Permit issued--Departments notified 5.68.170 -Permit suspension or revocation 5.68.180 Appeal--Filing 5.68.190 Appeal--Council action 5.68.200 Permit--Decision review 5.68.210 Violation--Penalty 5.68.010 Specific event defined. "Specific event" means the temporary use of public property for the purpose of conducting certain outdoor, short-term events such as art shows, fund-raising events, sidewalk sales, amusement attractions, walkathons, marathon runs, block parties and sporting events, or any combination thereof but not limited thereto. This chapter has no application to specific events which are conducted on private property, public waterways, public beaches or parks. (2376-7/79, 3274-3/95) 5.68.020 Permit required. No person shall organize, produce, direct, conduct, manage, institute or carry on any specific event without a permit first had and obtained from the Community Services Department. No person shall promote, advertise, encourage or solicit attendance or otherwise participate in any way in a specific event for which no permit has been issued, or for which such permit has been suspended or revoked. (2376-7/79, 2734-12/84) 5.68.030 Interference with specific events. No person shall knowingly join or participate in any specific event in violation of any of the terms, conditions, or regulations of the permit issued therefor, or knowingly join or participate in any specific event without the consent and over the objection of the permittee or in any manner interfere with the orderly conduct of such event. (2376-7/79) 5.68.040 Permit application. An application for a permit shall be filed with the Community Services Department not less than ninety(90) days or more than one year before the date proposed for holding a specific event. Such application shall be signed by the applicant, or his authorized agent and shall be accompanied by a nonrefundable fee plus a deposit to cover administrative costs, of which latter sum, any unused portion shall be refunded to the applicant. The amount of said fee and deposit shall be established by resolution of the City Council. Where administrative costs exceed the amount of deposit, additional funds may be required before any permit can be issued. All applicable fees shall be paid at least thirty(30) days prior to such event. (2376-7/79, 2734-12/84, 3274-3/95) 3/95 5.68.050-5.68.070 Huntington Beach Municipal Code 5.68.050 Application--Contents of. Application for a permit to hold a specific event shall be made on forms provided by the city, and shall contain the following: (a) The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same be a partnership, association, organization or fictitious company, the names of the partners or persons comprising the association, organization or company with the address and telephone number of each; (b) If a charitable or religious association, the application shall be signed by two officers of the association, and shall include the following: (1) A list of the names of all persons authorized to solicit contributions on behalf of such association, (2) Total amount of funds sought to be raised, (3) If a promoter or noncharitable association or entertainment group or person is to be used to raise funds for the charitable association, the true and fictitious names, home and business addresses of the promoter, noncharitable association, entertainment group or person. (c) A detailed description of the specific event proposed to be held, the number of persons participating in the event, the purpose of the event, the date, hours and location where the event is proposed to be held, if alcohol is to be served or sold, or closure of public streets is required, and the admission fee, if any, to be charged; (3274-3/95) (d) A detailed description of the equipment to be used, if any, including the number and types of vehicle, the number of public address or amplified sound systems, whether mounted, portable, or stationary, the number and type of special units such as musical groups, animal zoos or ' shows and the like; (3274-3/95) (e) An agreement that the city shall be compensated for any damage to public property, and that the site shall be cleaned and restored to the condition in which it was found prior to the holding of the specific event; (f) Such other information as the Specific Events Committee may require; and (g) Said application shall be signed by the applicant under penalty of perjury. (2376-7179, 2734-12/84) 5.68.060 Specific Events Committee established. There is hereby established a Specific Events Committee composed of representatives of pertinent city departments, appointed by the City Administrator. Representatives of the Downtown Residents Association, Downtown Business Association, North Huntington Beach Business Association, Chamber of Commerce, Conference & Visitors Bureau and Huntington Beach Tomorrow shall also serve on the committee. (2376-7/79, 2734-12/84, 3274-3/95) 5.68.070 Permit applications--Procedure. All applications for permits to hold specific events shall be filed with the Community Services Department to be forwarded to the Specific Events Committee for investigation of the persons involved with, and the activity proposed to be conducted, and other facts, circumstances and information relating to such application. If there is no alcohol, live amplified sound/music, street closures, or 2,500 or more spectators/participants, the committee shall respond within forty(40) days after the filing of an application, and recommend to the Director of Community Services to issue or deny a permit. (2376-7/79, 2734-12/84, 3274-3/95) 3/95 Huntington Beach Municipal Code 5.68.070-5.68.110(q If alcohol is to be served, live amplified sound/music used, public streets closed, or 2,500 or more spectators/participants expected at the event, the application will be advertised twice in the newspaper and posted at City Hall seven(7) days prior to the Specific Events Committee hearing the application. (3274-3195) 5.68.080 Permit--Granting or refusal. The granting or refusal of any permit by the Community Services Director shall be final unless a written appeal is filed as provided elsewhere in this chapter. Failure to file an appeal within such ten (10) day period, shall constitute a waiver of the right to such appeal. (2376-7179, 2734-12/84, 3274-3/95) 5.68.090 Permit--Surety and insurance. Prior to the issuance of a permit, the Specific Events Committee shall require: (a) In lieu of an agreement to compensate the city for loss or damage to public property, the deposit of cash, check or money order in an amount sufficient to guarantee the cleaning up of the site and the removal of any debris left as a result of the holding of a specific event. If it is determined that such specific event will warrant the presence of city personnel, the Specific Events Committee shall also require payment in full prior to issuance of a permit. (3274-3/95) (b) That the applicant provide public liability insurance and property damage insurance, including products liability coverage, workers compensation insurance, and a separate additional insured endorsement written by an insurance company acceptable to the city in the minimum limits as set by resolution of the City Council. (2376-7/79, 2734-12/84, 3274-3195) 5.68.100 Permit--Granting conditions. As a condition to granting such permit, the Specific Events Committee and Community Services Director may impose reasonable terms and regulations concerning the time and place of such specific event; the area and manner of conducting such specific event; the maximum number of persons participating therein; the type of live amplified music, the regulation of traffic, if required, including the number and type of vehicle; the number and type of signs, banners, and barricades to be provided by applicant, if any, together with a plan of their disposition attached to the application, whether alcohol shall be allowed; and such other requirements as they may find reasonable and necessary for the protection of persons and property. (2376-7/79, 3274-3/95) 5.68.110 Permit--Denial. The Community Services Director, upon recommendation of the Specific Events Committee shall not issue any permit if it finds any of the following: (a) The application is not on the form provided or does not contain the required information; (b) The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a permit; (c) The building, structure, equipment, or location of such specific event does not comply with or fails to meet all of the health, zoning, fire and safety requirements or standards of all of the ordinances of the city of Huntington Beach or the state of California applicable thereto; (d) The activity or location of the activity is such as to interfere with or unreasonably obstruct the free flow of vehicular traffic or other means of travel on any public street, or with pedestrian traffic on the sidewalk; (e) Proof of insurance required by this chapter as a prerequisite to the holding of a specific event has not been filed with the city; (f) The conduct of the specific event will be contrary to law; 3/95 5.68.110(g)-5.68.170(b) Huntington Beach Municipal Code (g) The conduct of the specific event will unreasonably interfere with the preservation of the public peace, health, safety or welfare; (h) Applicant has had a similar specific event permit denied for good cause within one (1)year prior to the application, and can show no material change in circumstances since such denial; (i) Applicant refuses to agree to, abide by or comply with all conditions and regulations attendant upon such specific event permit; and 0) Such specific event will interfere or conflict with another specific event for which a permit has already been issued, or will interfere or conflict with another specific event for which no permit is required by this code. (2376-7/79, 3274-3/95) 5.68.120 Reconsideration of application. The Specific Events Committee may reconsider all or part of an application for a permit, or of any permit theretofore granted, either upon motion of applicant or a member of such committee or commission after five (5) days written notice thereof to applicant. Such motion for reconsideration shall not be a condition precedent to judicial review. (2376-7/79, 3274-3/95) 5.68.130 Permit--Contents of. A specific event permit shall contain the following: (a) The name of the person or organization to-whom issued; - (b) The address and telephone number of the person or organization named on the permit; (c) The type of activity for which the permit has been issued; (d) The date, hour and location for the specific event; (e) Expiration date; and (f) Any conditions imposed on the holding of such specific event. (2376-7/79) 5.68.140 Permit--Denial--Alternatives submitted. If a permit has been denied because of a conflict of date or hour for the proposed specific event, the applicant may request reconsideration of such application and submit therewith an alternative date and hour for the holding of such event. (2376-7/79) 5.68.150 Permit--Late applications. The Specific Events Committee, at its discretion, may consider any application filed with the Community Services Department less than sixty (60) days prior to the time requested for holding a specific event. (2376-7/79, 2734-12/84, 3274-3/95) 5.68.160 Permit issued--Departments notified. Upon issuance of a specific event permit, the Community Services Department shall cause copies of such permit to be sent to each departmental director of the city. (2376-7/79, 2734-12/84) - - 5.68.170 Permit suspension or revocation. A permit for a specific event issued hereunder, shall be summarily suspended or revoked by the Community Services Director at any time: (a) When there is reasonable cause to believe that any of the grounds exist for which the original application for permit would have been denied; or (b) When there is reason to believe that the health, safety and welfare of persons or property would be endangered because of real or threatened disaster, public calamity, riot or other emergency. (2376-7/79,2734-12/84, 3274-3/95) 3/95 Huntington Beach Municipal Code 5.68.180-5.68.220 5.68.180 Appeal--Filing. An appeal from suspension, revocation or denial or of a permit by the Specific Events Committee or Community Services Director may be made to the City ---. Administrator within ten(10) days after service of notice of such action on the applicant or permittee. Such appeal shall be in writing, setting forth fully the grounds upon which the appeal is based, and shall be filed with the City Clerk who shall forward copies to the City Administrator and members of the Specific Events Committee. The Specific Events Committee shall submit to the City Administrator the record of the case appealed. The City Administrator shall rule on the appeal within ten (10) days after receipt of such record. If the City Administrator upholds the decision of the Specific Events Committee, or the Community Services Director, a written appeal from such decision may be filed with the City Clerk for hearing before the City Council. (2376-7/79, 2734-12/84) 5.68.190 Appeal--Council action. (a) Within thirty(30) days after filing a written appeal�from the suspension, revocation, or denial of a permit with the City Clerk, the City Council shall consider the appeal at a regular meeting. Written notice of the time and place the council will consider the appeal shall be mailed by the City Clerk to the person who filed the appeal at least ten(10) days before the date set for hearing unless the applicant/permittee shall waive notice in writing. (b) In any appeal, the City Council shall consider the application, the record of the case submitted by the Specific Events Committee and other pertinent information presented, and may grant or deny the permit subject to the conditions, terms and regulations set forth in this chapter, The decision of the council shall be final. (c) The City Clerk shall, within three (3) days after decision of the City Council, notify the applicant/permittee in writing of the decision of the council. (2376-7179, 2734-12/84) 5.68.200 Permit--Decision review. (a) The City Council may, on its own motion, made within twenty(20) days after the decision of the Specific Events Committee or the City Administrator, review the issuance, denial, suspension or revocation of any permit, or review any condition, term or regulation attached thereto. (b) If, after review, the City Council determines that the matter should be considered on appeal before such body, it shall order the City Clerk to notify the applicant/permittee, Specific Events Committee, and any other affected parties of the time and place of such consideration, as hereinabove provided. After such consideration, the City Council may grant or deny the permit subject to the conditions, terms and regulations set forth in this chapter. (2376-7/79, 2734-12/84) 5.68.210 Violation--Penalty. Any person violating any provision of this chapter shall be guilty of a MISDEMEANOR and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment in the county jail for a period not to exceed six(6) months, or by both such fine and imprisonment, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted. (2376-7/79, 3274-3/95) 3/95 Huntington Beach Municipal Code 5.68.010--5.68.040 Chapter 5.68 SPECIFIC EVENTS (2376-7179, 2734-12/84) Sections: 5.68.010 Specific event defined 5.68.020 Permit required 5.68.030 Interference with specific event 5.68.040 Permit application 5.68.050 Application--Contents of 5.68.060 Specific events committee established 5.68.070 Permit applications--Procedure 5.68.080 Permit--Granting or refusal 5.68.090 Permit--Surety and insurance 5.68.100 Permit--Granting conditions 5.68.110 Permit--Denial 5.68.120 Reconsideration of application 5.68.130 Permit--Contents of 5.68.140 Permit--Denial--Alternatives submitted 5.68.150 Permit--Late application 5.68.160 Permit issued--Departments notified 5.68.170 Permit suspension or revocation 5.68.180 Appeal--Filing 5.68.190 Appeal--Council action 5.68.200 Permit--Decision review 5.68.210 Exception to provisions 5.68.220 Violation--Penalty 5.68.010 Specific event defined. "Specific event" means the temporary use of public property for the purpose of conducting certain outdoor, short-term events such as art shows, fund-raising events, sidewalk sales, amusement attractions, walkathons, marathon runs, and sporting events, or any combination thereof but not limited thereto. This chapter has no application to specific events which are conducted on private property,public waterways,public beaches or parks. (2376-7/79) 5.68.020 Permit required. No person shall organize,produce, direct,conduct, manage, institute or carry on any specific event without a permit first had and obtained from the Community Services Department. No person shall promote, advertise, encourage or solicit attendance or otherwise participate in any way in a specific event for which no permit has been issued, or for which such permit has been suspended or revoked. (2376-7/79,2734-12/84) 5.68.030 Interference with specific events. No person shall knowingly join or participate in any specific event in violation of any of the terms, conditions, or regulations of the permit issued therefor, or knowingly join or participate in any specific event without the consent and over the objection of the permittee or in any manner interfere with the orderly conduct of such event. (2376-7/79) 5.68.040 Permit application. An application for a permit shall be filed with the Community Services Department not less than sixty (60) or more than 180 days before the date proposed for holding a specific event. Such application shall be signed by the applicant, or his authorized agent and shall be accompanied by a nonrefundable fee plus a deposit to cover administrative costs, of which latter sum, any unused portion shall be refunded to the applicant. The amount of said fee and deposit shall be established by resolution of the City Council. Where administrative costs exceed the amount of deposit, additional funds may be required before any permit can be issued. All applicable fees shall be paid at least thirty (30) days prior to such event. (2376-7179, 2734-12/84) 12/84 r i 5.68.050--5.68.090 Huntington Beach Municipal Code 5.68.050 Application--Contents of. Application for a permit to hold a specific event shall be made on forms provided by the city, and shall contain the following: (a) The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same be a partnership, association, organization or fictitious company, the names of the partners or persons comprising the association, organization or company with the address and telephone number of each; (b) If a charitable or religious association, the application shall be signed by two officers of the association, and shall include the following: (1) A list of the names of all persons authorized to solicit contributions on behalf of such association, (2) Total amount of funds sought to be raised, (3) If a promoter or noncharitable association or entertainment group or person is to be used to raise funds for the charitable association, the true and fictitious names, home and business addresses of the promoter, noncharitable association, entertainment group or person. (c) A detailed description of the specific event proposed to be held, the number of persons participating in the event,the purpose of the event,the date, hours and location where the event is proposed to be held, and the admission fee, if any, to be charged; i (d) A detailed description of the equipment to be used, if any, including the number and types of vehicle, the number of public address systems,whether mounted,portable, or stationary,the number and type of special units such as musical groups, animal zoos or shows and the like; (e) An agreement that the city shall be compensated for any damage to public property, and that the site shall be cleaned and restored to the condition in which it was found prior to the holding of the specific event; (f) Such other information as the specific events committee may require; and (g) Said application shall be signed by the applicant under penalty of perjury. (2376-7/79, 2734- 12/84) 5.68.060 Specific events committee established. There is hereby established a specific events committee composed of five members, appointed by the City Administrator. (2376-7/79,2734- 12/84) 5.68.070 Permit applications--Procedure. All applications for permits to hold specific events shall be filed with the Community Services Department to be forwarded to the specific events committee for investigation of the persons involved with, and the activity proposed to be conducted, and other facts, circumstances and information relating to such application. The committee shall respond within forty (40) days after the filing of an application, and issue or deny a permit. (2376-7/79,2734-12/84) 5.68.080 Permit--Granting or refusal. The granting or refusal of any permit by the specific events committee shall be final unless a written appeal is filed as provided elsewhere in this chapter. Failure to file an appeal within such ten(10) day period, shall constitute a waiver of the right to such appeal. (2376-7/79,2734-12184) 5.68.090 Permit--Surety and insurance. Prior to the issuance of a permit,the specific events committee shall require: 12/84 Huntington Beach Municipal Code 5.68.090(a)--5.68.120 (a) In lieu of an agreement to compensate the city for loss or damage to public property, the deposit of a surety or cash bond in an amount sufficient to guarantee the cleaning up of the site and the removal of any debris left as a result of the holding of a specific event. If it is determined that such specific event will warrant the presence of city personnel,the specific events committee shall also require the deposit of a surety or cash bond in an amount sufficient to pay the personnel costs. (b) That the applicant provide public liability insurance and property damage insurance, including products liability coverage, written by an insurance company acceptable to the city in the minimum limits as set by resolution of the City Council. (2376-7/79,2734-12/84) 5.68.100 Permit--Granting conditions. As a condition to granting such permit,the specific events committee may impose reasonable terms and regulations concerning the time and place of such specific event; the area and manner of conducting,such specific event; the maximum number of persons participating therein; the regulation of traffic, if required, including the number and type of vehicle; the number and type of signs and barricades to be provided by applicant, if any,together with a plan of their disposition attached to the application; and such other requirements as it may find reasonable and necessary for the protection of persons and property. (2376-7/79) 5.68.110 Permit--Denial. The specific events committee shall not issue any permit if it finds any of the following: (a) The application is not on the form provided or does not contain the required information; (b) The applicant has knowingly made any false,misleading, or fraudulent statement of material fact in the application for a permit; (c) The building, structure, equipment, or location of such specific event does not comply with or fails to meet all of the health, zoning, fire and safety requirements or standards of all of the ordinances of the city of Huntington Beach or the state of California applicable thereto; (d) The activity or location of the activity is such as to interfere with or unreasonably obstruct the free flow of vehicular traffic or other means of travel on any public street, or with pedestrian traffic on the sidewalk; (e) Proof of insurance required by this chapter as a prerequisite to the holding of a specific event has not been filed with the city; (f) The conduct of the specific event will be contrary to law; (g) The conduct of the specific event will unreasonably interfere with the preservation of the public peace,health, safety or welfare; (h) Applicant has had a similar specific event permit denied for good cause within one (1) year prior to the application, and can show no material change in circumstances since such denial; (i) Applicant refuses to agree to, abide by or comply with all conditions and regulations attendant upon such specific event permit; and (j) Such specific event will interfere or conflict with another specific event for which a permit has already been issued, or will interfere or conflict with another specific event for which no permit is required by this code. (2376-7/79) 5.68.120 Reconsideration of application. The specific events committee may reconsider all or r Y r part of an application for a permit, or of any permit theretofore granted, either upon motion of 12/84 5.68.120--5.68.180 Huntington Beach Municipal Code applicant or a member of such committee after five (5)days written notice thereof to applicant. Such motion for reconsideration shall not be a condition precedent to judicial review. (2376-7/79) 5.68.130 Permit--Contents of. A specific event permit shall contain the following: (a) The name of the person or organization to whom issued; (b) The address and telephone number of the person or organization named on the permit; (c) The type of activity for which the permit has been issued; (d) The date, hour and location for the specific event; (e) Expiration date; and (f) Any conditions imposed on the holding of such specific event. (2376-7179) 5.68.140 Permit--Denial--Alternatives submitted. If a permit has been denied because of a conflict of date or hour for the proposed specific event, the applicant may request reconsideration of such application and submit therewith an alternative date and hour for the holding of such event. (2376-7/79) 5.68.150 Permit--Late applications. The specific events committee, in its discretion, may consider any application filed wit the Community Services Department less than sixty (60) days prior to the time requested for holding a specific event. (2376-7/79,2734-12/84) 5.68.160 Permit issued--Departments notified. Upon issuance of a specific event permit, the Community Services Department shall cause copies of such permit to be sent to each departmental director of the city. (2376-7/79,2734-12/84) 5.68.170 Permit suspension or revocation. A permit for a specific event issued hereunder, shall be summarily suspended or revoked by the specific events committee or the Community Services Director at any time: (a) When there is reasonable cause to believe that any of the grounds exist for which the original application for permit would have been denied; or (b) When there is reason to believe that the health, safety and welfare of persons or property would be endangered because of real or threatened disaster, public calamity, riot or other emergency. (2376-7/79, 2734-12/84) 5.68.180 Appeal--Filing. An appeal from suspension, revocation or denial or of a permit by the specific events committee or Community Services Director may be made to the City Administrator within ten(10)days after service of notice of such action on the applicant or permittee. Such appeal shall be in writing, setting forth fully the grounds upon which the appeal is based, and shall be filed with the City Clerk who shall forward copies to the City Administrator and members of the specific events committee. The specific events committee shall submit to the City Administrator the record of the case appealed. The City Administrator shall rule on the appeal within ten(10)days after receipt of such record. If the City Administrator upholds the decision of the specific events committee, or the Community Services Director, a written appeal from such decision may be filed with the City Clerk for hearing before the City Council. (2376-7/79, 2734-12/84) 12/84 Huntington Beach Municipal Code 5.68.190-5.68.220 5.68.190 Appeal--Council action. (a) Within thirty (30) days after filing a written appeal from the suspension, revocation, or denial of a permit with the City Clerk, the City Council shall consider the appeal at a regular meeting. Written notice of the time and place the council will consider the appeal shall be mailed by the City Clerk to the person who filed the appeal at least ten(10) days before the date set for hearing unless the applicant/permittee shall waive notice in writing. (b) In any appeal, the City Council shall consider the application, the record of the case submitted by the specific events committee and other pertinent information presented, and may grant or deny the permit subject to the conditions,terms and regulations set forth in this chapter. The decision of the council shall be final. (c) The City Clerk shall, within three (3) days after decision of the City Council, notify the applicant/permittee in writing of the decision of the council. (2376-7/79, 2734-12/84) 5.68.200 Permit--Decision review. (a) The City Council may, on its own motion, made within twenty (20) days after the decision of the specific events committee or the City Administrator, review the issuance, denial, suspension or revocation of any permit, or review any condition,term or regulation attached thereto. (b) If, after review,the City Council determines that the matter should be considered on appeal before such body, it shall order the City Clerk to notify the applicant/permittee, specific events committee, and any other affected parties of the time and place of such consideration, as hereinabove provided. After such consideration, the City Council may grant or deny the permit subject to the conditions, terms and regulations set forth in this chapter. (2376-7/79, 2734-12/84) 5.68.210 Exceptions to provisions. No permit shall be required under this chapter for any specific event sponsored or held under the auspices of the city of Huntington Beach or any other public entity. (2376-7/79) 5.68.220 Violation--Penalty. Any person violating any provision of this chapter shall be guilty of a MISDEMEANOR and upon conviction thereof shall be punished by a fine of not more than five hundred dollars($500)or by imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted. (2376-7/79) 12/84 i HUNTINGTON BEACH ZONING ORDINANCE UPDATES (Effective Immediately) o, Please Remove from Code Please Add to Code DM 2Z DM 2Z DM 3Z DM 3Z DM 10Z DM 10Z DM 11 Z DM 11 Z DM 34Z DM 34Z Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 1 h:hboc\coverlett\950222.doc C - PLANNING ZONING DM 2Z SECTIONAL DISTRICT MAP 2-6- 11 1000 SCALE IN FEET ADOPTED MARCH 7,1960 NOTE CITY TTT111 L DIMENSIONS ARE IN FEET r, ■ , ® ® 1 CITY COUNCIL ORDINANCE NO. 754 IS INTEND AwowING AN RIGHT OF wqr 1 3■® 1H' A INTENDED TO EXTEND TO THE CENTER AMENDED ZONE CASE ORDNO AMENDED ZONECASE ORD NO Cl SUCH RIGHT OF WAY 6-20-60 108 773 7-17-72 72-I61U I]62 ]-IB-so Iz3 ]eI 9-saz 7z-z3 v75 LEGEND: II- ]-Do 138 79B 12-1]-]3 73-22 I889 ql LOW DENSITY RESIDENTIAL DISTRICT 2-20-61 147 817 10-15-73 73-20 1876 0 1 \��1 \ V ®� BEACH 11-9-s1 IT5,ITI93+�Je Bg7q B-4-75 75 3B 2B00 R2 MEDIUM DENSITY RESIDENTIAL DISTRICT 1■ 1■ 9 Ifi-fill 2021z06 868 876 9-4-75 ]5 3E 2003 E COMMUNITY FACILITIES(EOUCATIONAL)DISTRICT 5-7-62 23] BOB 9 2315 P'A75-2 '004 "' OFFICE-PROFESSIONAL DISTRICT O.41-62 248 907 9. 6-7-76 76-01 2062 RA RESIDENTIAL AGRICULTURAL DISTRICT AMENDED ZONE CgSE ORD NO. 10.IS— 269 932 6-7-7s 76-12 2063 8-20-79 PPA79-3 2391 12-3-62 282 938 6-7-76 76-IS 2070 MI LIGHT INDUSTRIAL DISTRICT ®RANGE COUNTY C A L I F O R-NIA 66-81 2494 2 0-63 302 947 6-21.7s ]6-8 2073 MOBILE HOME DISTRICT -I-B2 82-8 2581 6-24-63 331 .6 7-19-YG PPA]5-8 20S4 C2 COMMUNITY BUSINESS DISTRICT 1-3-83 B2-12 2595 6-24-63 333 — 8-I6-76 76-18 2107 © HIGHWAY COMMERCIAL 1-3-83 82-IB 2596 -6-64 379 1020 9-21-76 76-22 2126 R3 MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT -3-83 82-19 2597 10-5-64 473 S. 1-3-T7 76-24 2153 2-4-85 84-19 2749 4-5-65 SOS 1132 12-6-T6 76-4 21" © NEIGHBORH000 COMMERCIAL 7-21-86 86-17 2854 2-21-66 545 1186 4-18-77 OLD TGw ECP.2171 II-3-86 86-9 2876 10-3-66 66-40 1256 6-6-7] 7]-I 21 ED HIGH DENSITY gESIOENTIAL DISTRICT 10-5-8] 8]-I 2906 2-I]-69 68-I8 I470 6-20�7 77-8 2202 CF_ C OMMUNITY FACILITIES(CIVIL)DISTRICT II-21-88 88-11 2980 2-17-69 68-52 74 .-15 6 - 2129 SETBACK LINE I4:7 86-13 29738 10-6-69 s9-23 1527 5-382 BB'2`52 ��COMBINED WITH OIL PRODUCTION -15-91 P SA91-2 3102 10-19-70 70-10 16. 12-19-77 77-34 2250 12-I6-91 91-2 3126 3-IS-71 70-z0 1639 4-17-78 78-2 ­7 -OI 4-20-92 90-10 3128 12-20-71 71-IB Is91 9-19-77 77-13 2224 QUALIFIEDCLASSIF PRECISEPLANOFSTREETAIGN 12-6-71 ]I12 I6B7 9-19-]7 77-14 2225 7-1]-]2 72-I6(F) I760 1—-78 7._" 2328 -CD CIVIC DISTRICT --OLOTOWN SPECIFIC PLAN 34 35 J IGARFIELD I / l _ _� I I AVE.I L 35 36 s I- 502 R2k "i r F HOLLY EACLIFF SPECIFIC P MH LEARW FBOR R2!' C2 MI-A gE ED `-- L ;'ac_ .,tip,. .ISw9tIQ[:2F a R2 'r'R2 N LWE ELK 3003 83009 R w H ty4. 250 E S V TR L m R2 5 1 - C41 K_ R2 R 2 -a R2 3 � // � `•�5.R2 � M I OLO TOV?J SPECIFIC R 2 u I6 PLAN(DISTRIGT 1) o0 12 a . zealz AVE. _ r B --1 354 a R3 �$pI 425 _ --+, .- sa�Nc'_'_n.R. o R3 � e e DI" R2-0-PD °';1.•D oo;"i l R4 m R2 N'� NcJi?cJInI R2-0 i 5 (50- R2 N LINE TR 3950 I55 I. _. —OWEN - AVE. R2-01-P' _l' '''� ), i.; RI 290RI IS cLEYEL amD R m -A cR � R 2 1 C2• 9 j 50 n '7 r sIE IOonP-Ico "R2 0 PD''•� ry R2 0 RI �ryry 3 RI 5 3 HOLLY W pout`"; ro6R, 2�4� ETR 3950 WILLIAMS 254 AVE Q Vy Z SPECIFIC PLAN °=°o3oD�W Nao3o' w �9 FF ,? '� ' cD � R2 " R2 W R2-O-CD 'I$ I �� R2 o s OP-O-CD s ;:f22 0 PD-G ; o y R 2 330 f 26, ?' - -)� U3 R2 C45o YORKTOWN �i-- -- -- --- AVE. a47ae 9 asss E 651 4 - C2 g RI-01-CD R2-0-CD gN69s956W8 R2-0 iR2 -0 C431OcI 3000• �96 C F-C f290 CF-E-CD ": "JTI`' I R2-0-CD c 50 (RI-0) ~' (R2-0)I-.(RA) say Re �-- u,-:...,1... 9- :I-:ii01.) CHITA R2 2 oCF-E-CD- 4-CD-0 R2 R2 JAY LR - (RI-0) /4� -D i N I -CD-o CF-E oI IRS T oCID � ' -cD o VENICE AVE. R2-0 (RI-0) RI -CD-O O . g -CD 0 U 330 :R4]2tlE [OF uTICA -e _ --UTICA -- �VE R2-0 R2-0 Rro14 No Ho 0 0 0 o0z s 4 1000 A89.5746"E 4 6 ° DUE "'�k — -CD-O roRONro �"�� o RG zw CF R RI RI RI RI RI R2 , o 0 Do (RI-o) -CD-O O I N N r 1 od_ Q 01 01 0 -0 r N N RI-O `�.� - 3 N -CD-O V 0 D I AHSANTEER RL v C 1 r,r m SPRINGFIELD ,I{_1E1�/�V.�y,I 1��1..��^µµa..��1..��`��...�rRR((IIID��,,}}���E���...1{�1��yy1NLL���`''//1/},.���.'�1 7 �(D Z- „ 11 I1`EL„l"I O O ALTAMARDR d r I ` III- III III-0YI fIFJu'/I N N �0 ao�0 0 0 01 01 N = RI RI RI RI RI R2 -0 ROCHESTER O a AVE. R3-0 R3�0 o w oa AR A R _ 0D RI oy Y _ oaim- oa�aog -q a J a R3-0 R3-0 00 R2 I A I + r 11 z 2 1 RI-09Le � RI DAMS I I 9VE QM 3L wm SECTIONAL DISTRICT MAP 3-6-11 S—E l000 CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP GARF-IELD AVENUE ------------ �r�\yy\Y;i /' v� L41yN i v Yc cR CHURC CR T YCR (n w o4 R cR o w s cR DR 0 10,m I CR ADD ---------------------------------------------- nlLx "14 "PALM .U,ET ;L 0 I'D oc, 4 3 3 2 1. 11 lo PLANNING ZONING DM 3Z T,rS.�-ECTIONAL DISTRICT MAP ® 3-6-II S�.LE IN FEET T ADOPTED MARCH 7,1960 NOTE; L DIMENSIONS ARE IN FEET ���� ® T ZONE ADJOINING ANY RIGHT Of CITY COUNCIL ORDINANCE NO. 754 OF INTENDED TO of TWIIO TO THE CENTER ZONE ZONE LEGEND AMENDED CASE ORDN0. AMENDED CASE oeo No © INDUSTRIAL DISTRICT 2-5-T9 ]B-q 2343 ® MEDIUM DENSITY RESIDENTIAL DISTRICT 5-7-62 234 699 -7-BO RES.NO,4828 ® MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT ����� ®� BEACH 12-3-62 281,282 938 -18-82 BI-1I 253E LOW DENSITY RESIDENTIAL DISTRICT HUNTING 11 ■R■■ 9-6-63 B3-B 2640 R4 HIGH DENSITY RESIDENTIAL DISTRICT 2-21-66 545 1186 T-2-84 BSI-] 270E ® OFFICE-PROFESSIONAL 6-20-66 66-19 121E 1-17-83 FLOOD ZONE 260E ® NEIGHBORHOOD COMMERCIAL 10-5-.7 87-I 290E ® RECREATIONAL OPEN SPACE DISTRICT 16_5-68 68-13 1271 9-6-92 90 9 3�155 ® DESIGNATES PRECISE PLAN OF STREET ALIGNMENT 6-17-68 68-13 1419 4-20-92 90-10 312B Q SHORELINE DISTRICT 2-17-68 68-31 1472 ]-6-92 9o-1I 315fi ORANGE COUNTY, CALIFORNIA 6-24-0 69-34 1582 6-92 90-12 315] ® COMBINED WITH OIL PRODUCTION IN AREA 7-6-92 90-13 3158 BOUNDED BY PALM AVE ON NE,OOLOENWEST 10-19-70 70-10 I606 S-IB-92 90-14 3142 ST.ON NW,OCEAN AVE.ON 9W,B SEVENTH ST ON SE 5-3-71 71-I 1643 7-6-92 90-15 3159 CC COASTAL CONSERVATION DISTRICT 7-6-92 90-I6 3160 COASTAL ZONE SUFFIX 1-3-72 71-37 17o6 B-3-92 92-1(A) 316E 5-IS-72 72-13'1746 B-3-92 92-IIBI 3167 ® HESIDENTIAL AGRICULTURAL DISTRICT B-3-92 92-I(C) 31GS -02 COMBINED WITH OIL PRODUCTION 7-7-72 72-16(3) 1761 9-2-94 94-1 —S -CD CIVIC DISTRICT 1-15-73 72-35 1813 -0- COMBINING OIL 7-2-73 72-39 1855 01- COMBINED WITH OIL PRooucTlON 10-15-73 73-20 1876 FP FLOODPLAIN DISTRICT 3+ 35 9-16-74 73-31 1943 %/, WITHIN FLOOD ZONE-FP2 3 z -CZ I'G"FIELD ` 2-19-76 PPSA79-52024 AVENUE / _ -CZ 6�Z 16 ` M / HOLLY—SEACLIFF SPECIFIC PLAN N -CZ 711. 55 9P GO* D 4'°0 W ROS-0 724 W cti DN '' F 5D 656522 .52'SE O9 44+e IT w sa z z°ozOR w ,J' N'�" as a5 a° NNOaB9 SANTA ROBA CR �Q C? °Je JJe w RI-01 RI-01. _ a c, la,.`\ �F °•w Al /�, . _ 4p W sa3+e to N s ' OPi ass .E CZ aT �y \,?• _-L•be l roD NgAf R4-01 _ w R4-0 RI m ro R I Pp-0 ,3 F ,w;'•; . N Iz so oz E p �+ DR �°Z'33•E �4f .'za'%• C/, ,' I j _ f'(OJ-0 HAR Y R RI m RI -_6571 got°F��Ni° } a RI •�" ' RI-O CHUR CR ROS-O 9 4 ry`a m3=3a MITI LR R pg� RI �_ ,pq+N s II 4351E T N\`v os w QNB9rarz•w 'q Rli,- J'qJ RI RI= 3B9•a4'4DE S y` 5330820E �Ss°f 9 56985'85"E �^�A G AR N. v349'w 12 06 a62+szw e5+651W 6 W sJ9j W 92.A', 23Ao 25 05-0 2w ;',2E ry RI o oho` OO`C',` pCr 63 EI o sDsaz a s R4-0. x05D * \•_ 9:, Z aoi+sal^w 3+°�SEACLIFFro ` s371243E a I� yJe4 RI RI - III, la9q 4 oPECIFIC a ss6 N I '-y4sti9'07"E PLANti.6' R4-0 9C 44' pI I U S.aD re•W ,'4h l I I so 53 xs7•I o f soz U215 4 dig 1 671' R4-0 HOLLY—SEACLIFF9 95 @R2"PD-0_CZ ? �•, E SPECIFIC PLAN 92 61349 waa; o12z E 653 34 35 l D 9�°+3.G56.3 d R2 PD 0 CZ 9D,55 E " £^t 293w 66S53• Dp '29 QO�tvp,`N ¢i-I -5+FF9 E '0720'06 °a9§o'W 30 4 P '•-ATBAM31_UY 31M6'E5517DD'W> a 33'la'w4916 /y R ^✓ / ''• _ RI o e o \ b o Y BPy y.SEOP� v J PA N 31°57'IS'RpOS 6q0 \6`-AND L, ° LM p �+ QUIET � / �q' �,-�,�' ROS—O-CZ 4'��RI-CZ A '0g'Im n b O' jAI r z0�W oDbo'w'' �`'.P RI-0 e �� �P`4yLRw RI /Q'% I�'' 'A RI ` 1 4v _LN,: R1 0� / RI_D LI / RI-0oe, I O N°Fi• T�B$. ,� .,MORNING l CI fy OR 4ti — 4.�'u il) " ' RI-O-CZ oJ,a°s. o CI-0 �, J ° . Np9 ' RI-0br c' qti M2-01-CZ o / e �d. - . , l _o G\a aTO� Gti G1,9 P.,.4QL71, 'o °Fxrc, .,oy C& RI-0 .lc ` /O FtiG� °vO� by i,•s ,I 0// C C, TOWNLOT SPECIFIC PLAN 3 2 C�•9ti I6ECTION AREA NE IV3 " a. h DM 4L �m o� SECTIONAL DISTRICT MAP 4-6-11 & 5-6-11 ,G.E IN FEET° �LL CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP 3, 32'- 3 •y. A 3BSH J _ PEE H U N T I N G T O N B E A C H j GCE CH n A 9c aF OC F9 Z . 3 9 10 PLANNING . ZONING DM I0Z 9-6-I I & SECTIONAL DISTRICT MAP 10-6-II LEGEND '//WITHIN FLODO ZONE-FP3 f F ©FLOODPLAIN DISTRICT CITY 01 SHORELINE DISTRICT ADOPTED MARCH 7, 1960 ©COASTAL ZONE SUFFIX ®QUALIFIED CLASSIFICATION CITY COUNCIL ORDINANCE NO 754 OCO M MUNITY FACILITIES(EDUCATIONAL)DISTRICT COMMUNITY FACILITIES(RECREATIONALI DISTRICT AMENDED ZONE CASE ORD NO AMENDED ZONE CASE 0-0 ® LOW DENSITY RESIDENTIAL DISTRICT �ILTNTINGT®N BEACH ®MEDIUM DENSITY RESIDENTIAL DISTRICT 3-7-62 — 899 2-7-72 '7I-31(H) 1115 ®MEDIUM-HIGHDENSITY RESIDENTIAL DISTRICT 12-3-62 281,282 938 2-7-72 ]I-3IIJ1 I]I6 HIGH DENSITY RESIDENTIAL DISTRICT 2-21-62 545 II86 fi-5-72 7_HAXBI 1749 9-IB-fi] fi]-I6 I348 7-17-72 ]2-16T 1763 © GENERAL BUSINESS DISTRICT 2-I]-TO 68-31 14]2 2z'o-T3 72-45 1819 INDUSTRIAL DISTRICT 10-19-]0 70-10 I606 6-3-75 IL.105T 1998 2-1-i2 71-35 1T07 816--T6 TOWNLOf 2105 C2 NEIGHBORHOOD EIGHBCOMMU RHOTY BUSINECOMMERCIAL ERCSTPICTISTRICT ORANGE COUNTY, A (C) I7lo 12-I B-78 i8-14 2329 ]I-311D1 I7I1 2-2o-n 78-27 2350 SUFFIX LEGEND: CALIFORNIA 2-1_72 71-31 2-172 71-31(E) 1712 1-7-60 PPSA79-5 RES NQ4S28 AMENDED ZONEC SE ORp NO 2-]-72 i1-3111F; 1713 -18-82 BI-14 2536 Q COMBINED WITH OIL PRODUCTION 2-7-72 G 1714 10-17-83 83-A 269G 12-5-88 88-14A 2971 n 10-17-83 83-2-8 2646-8 ® COMBINED WITH OIL PRODUCTION IN AREA 12-5-BB BB-14B 29i1 3 9p.O 10-17-83 03.2-L 2646-C BOUNDED BY PALM AVE ON NE,GOLDENWEST 9-6-92 90-8 3154 O •'6 2-21-84 BO-13 2682 -20-93 92-3 3211 �h ]-2-84 84-7 2706 ST ON NW,OCEAN AVE.ON SW.a SEVENTH S7 ON SE. e� O B-IB-86 B6-I6 2B56 ® DESIGNATES PRECISE PLAN OF STREET ALIGNMENT I-IT83 F1000 ZONE 2606 'Ay -01 COMBINED WITH OIL PRODUCTION COMBINED WITH OIL ODUCTION 3 f 2 COASTAL ZONE BOUNDARY PR 1 / o,M2-0 CZ ==a ;> Q- RI-0 RI-0 RI-0/ �,- r00 Jm 2, � �� / R4-0-CZ F. q RI o :� 3 3 M 2-01-CZ s, oc ti yti' , � ti E I ��� o .�, �k l/K q N 5 Vie' IF-E A3 02QE N0< 4ofl �.r, (RI-0I / A s qL `� CR 3)R TOWNLOT —SPECIFIC PLOW AREA AREA ONE ISECTION'A') 1 V m � 1 .O \Q� TOW y` � SPECIFIC PLAN AREA AREA ONE FNL (SECTION.a') O e O\ s o �Na O C F4 ti o l000 SCALE IN FEET ` NOTE _ ALL DIMENSIONS ARE IN FEET ANY ZONE ADJOINING ANY RIGHT OF WAY IS INTENDED TO EXTEND TO THE CENTER OF SUCH RIGHT OF WAY N N iNG s o DISTRICT MA F 10 5 _ 111 CIT-Y OF HUNTING'TON BEACH A& ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP WESTIVINSTIFIR AVE F_ o GINGER LN \aTT 5UNSIDE AVE III ---------- 71- T 1 3: WA LT ST WAIT WAY MAHOGANY AVE T WEE z 7-7-7 01 1 0 FR CAMPHOR AVE HOMER 2 STI < z GLACIER OR 92 CHINOOK I,riL 1A1 PA I DR.I Z CF-E 5 MAPLE 0 z da INDUSTRY WAY BRIARCLIFF DR R R US NAVY R/w RR US NAVY R/. L_' 3 1 GLENWOOD ENWOOD OR SANTEE AVE Z a-I tHARDWICK I CR ROYAL )AK a T DR Sop < IVORY CR LARK CF-E CF-E -l'i j AVE JADE CR VIKING CR. L=IFYCR M N CR C 7F-R LARCHWOOD DR W LARCHWOOD DR - _T CORTEZ DR MAR VISTA DR w < z z _j 0 0 _j 0 0 C F C D C4 BOLSA AVE PLANNING ZONING DM 11 SECTIONAL DISTRICT MAP 10-5-II EEI NOTE -11111 CITY T T ARE IN FEET �TI ■ IT/ ® ■ 1 ADOPTED AUGUST ISM 960 AN' Y NE ENgED DiO NE>µT�E NO TO NT ME FCENTER 1 11 1pJ1 OF SUCK GNT OF CITY COUNCIL ORDINANCE NO. 785 LEGEND R-I LOW DENSITY RESIDENTIAL DISTRICT ZONE C2 COMMUNITY BUSINESS DISTRICT AMENDED CASE ORD.N0. AMENDED ORD.N0. CF E cOMMUNITY FACILITIES(EDUCATION)DISTRICT �������®� BEACH CF-R COMMUNITY FACILITIES(RECREATIONAL)DISTRICT 9-I8-61 204 868 FP2 FLOOMLAN DISTRICT 10-7-63 363 1007 % WITHIN FLOOD ZONE'FP2 B_16_65 507 1156 8-13-84 84-5 2713 7-21-86 86-17 2854 ORANGE COUNTY, CALIFORNIA 1-17-83 FLOOD ZONE 2606 10�11� WESTMINSTER I I AVE r � � a � GINGER LN O Q SUNSIDE AVE a J Q Q V Q Q _ Z 0 3 WALT 5 —LT5T WEE WAY MAHOGANY AVE Z 3 < Z O � KO Q E Z CAMPHOR AVE m 3 HOMER Z d o ST Z GLACIER DR S9 O ti AVE \ Clrr OF HUry N V 3 ANACAPA DR RI CF—E MAPLE AVE F F- c0 RI RI RI 3R1 w c�i a RI INDUSTRY WAY - BRIARCLIFF DR RI 3 RI RR US NAVY R/I RR US NAVY R/W RI GLENWOOD GLENWOOD OR U SANTEE AVE wRI a RI RI LU. RI lz RI RI m HARDWICK CR. Z RN DR `sON,Fh RICE RI RI RI oP IVORY CR LARKSPUR CR AV RI CF-E CF-E RI '� ?` G:, , . ! .) E JADE CR VIKING CR=RI RI KELSEY GR. C F-R HARMONY CR- RI LARCHWOOD DR LARCHWOOD R III RI z RI w J CORTEZ DR.� RI MAP VISTA OR. 3 Q RI 85 0 Iq�C2 SHE NH�J RI � RI w RI 9 RI U RI W RI RI aRl o a RI 27 cz e z o - 1 ED 0 -P2 C C yp2 J - silo BOLSA CITY OF RUNTINCTON REACH AVE F� 10 I' ` ^ PLANNING �^~ ^~_ [�Y� 1�| ,_ PLANNING ZONING DM 34 ` SECTIONAL DISTRICT MAP 29-5-II ° °°° SCALE IN FEET •y"^�� NOTE !' AlL DIMENSIONS ARE IN FEET CITY OF ADO TED MARCH 20 1960 ANY ZONE ADJOINING ANY RIGHT OF P WAY IS INTENDED TO EXTEND TD THE CENTER OF SUCH FIGHT OF WAT CITY COUNCIL ORDINANCE NO. 824 LEGEND: ZONE ZONE RI lON AMENDED CASE ORD NO. AMENDED CASE ORD.NO Q DENSIT RESIDENTIAL DISTRICT C2 COMMUNITY BUSINESS DISTRICT H�TNTINGTON BEACH 6-24-63 332 019 7-83 FLOOD ZONE 2606 fl2 MEDUM DENS r RESIDENTIAL DUAL DI CT I-IB-63 332 1019 R3 MEDIUM-HIGH DENSITY flESIDENRAL DISTRICT 10-18-65 498 1163 CO HIGHWAY COMMERCIAL 5-6-68 68-7 405 O RESIDENTIAL AGRICULTURAL DISTRICT 12-16-68 68-40 1458 PD PLANNED DEVELOHMENT ORANGE COUNTY, CALIFORNIA 2-20-71 11-5 1573 CF-R COMMUNITY FACILITIES CECDISTRI T DISTRICT 7-17-71 71-9 1659 12-20-71 71-20(NJ 1701 ROS RECREATIONAL OPEN SPACE DISTRICT 2-22-72 71-43 72 ®PRECISE PLAN OF STREET ALIGNMENTS 2-24-75 73-30 1964 CZ COASTAL ZONE SUFFIX 9-7-76 PPA76-3 2109 SrvORELINE DISTRICT 3-11-77 PPA77-1 2182 SETBACK NE I 9-19_77 77-12 2223 COASTAL ZONE eouNDflr 9-19-77 77-16 2226 9-4-79 79-6 2393 FP2 FLOODPLAIN DISTRICT 2-22-83 62-16 2605 '//,WITHIN FLOOD ZONE— U 7-2-84 84-7 2706 W® WATERWAYS RECREATION DISTRICT J 8-20-84 84-12 2718 8-20-84 84-13 2719 IB zo �/ rc CD WARNER __. AVE L 30 29 R m RI- CZ tl RI-CZ 33p IIO 29 2B WESTPORTOfiT olzF �m J 3 RI-CZ o3� j R I-CZ ; s RI-C 3 N J N R �N R1332 R3- R 3 sz:lld¢ UNDHILL m R I-CZ R3 R3� U R3 M R3 CL�i ollE R� w RI-CZ � _ 3 / ��C EDG 'ATER R 2 h R 2 H R2 m R3—19 o JAMES CR HING-CH WR-CZ—FP2 2FP RI-CZ 2 BC2,'ND 1 / - ORION- § 53 22C `Y:FATHERLY BAY N N p I S R� Il HE MANSON CR. R I-Ul' WR-CZ FP2 y ' A R I R 3 ALADDIN DR. HUNTINGTON HAR80R///; �'�G1' a RI'CZ w Rl-CZ RI R I CZ w BAY CLUB SPECIFIC PLANS 3 cuatls cR RI-CZ Ri GEAPINE GR a m RI CZ h R - RI-CZ RI 117D GO I-CZ WARNER AVE. RI-CZ " y eo Y QP IPREZONED) RA IPREZON Ol RI a / �j GS S,poi A•C'� y� A9 / �L D •••�~ s/,O,gsT O141 ` 29 20 // T 32 33 PLANNING DM 35L Wp SECTIONAL DISTRICT MAP 30-5—II a "KALE IN FEET CITY OF VNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP z� O 9 20 �+ \`e( ail� ,�• i J K y� Fq d A m ALADDIN DR. f H hP yC 9 \e H oy LL�"fT r BEACH �C WARNER AVE. �O Ocl "Y L I _ PLANNING ZONING DM 2Zlo ` JECTIONAL DISTRICT MAP 2-6- II =GALE IN FEET ADOPTED MARCH 7,1960 NOTE .L 01MENs10xs 4RE Ix FEET CITY OF CITY COUNCIL ORDINANCE ENO SE754 IS I ZEND ATOINIEX ANY RIGHT wdr 19 INTENDED TO EXTEND TO T"F CENTER AMENDED 20NECASE OPDNO AMENOEO�2 -ORDNO OF SUCH RIGHT OF WAY e-o 121 ref 915-T2 >]24 Hie LEGEND: II-D_ lab 96 12-I]-]3 T3-22 :8889 LOW DENSITY RESIDENTIAL DISTRICT - 220-61 I> 81T 10-IS-T3 3-20 ]6 HIINTINGTON BEACH 11-fil l>61T 31 980�n :5 T5-38 2000 0 MEDIUM DENSITr RESIDENTIAL DISTRICT 9i 18-61 200.206 868 8-9-75 75-30 2002 COMMUNITY FACILITIES(EDUCATIONAL)GISTRICT -6-6i 212 8T6 8-A-]5 ]5-3E 2003 5-)-62 23T SOD 9A23->55 PPAT5-2 ZOCR � OFFICE-PROFESSIONAL DISTRICT 5-21-62 2°R 90} - > ]6-09 054 2A8 90T b-)-]6 T6-OT 20. Q RESIDENTIAL AGRICULTURAL DISTRICT I AMENDED B-N-]9 ZOPA>9NE CASE 0RD 2391E0 2-}-62 3 282 938 fill]6 T6-IS 20]0 Q LIGHT INDUSTRIAL DISTRICT- ORANGE COUNTY, CALIFORNIA 66-6, E 6 2 9 0-61 2— A 993O 64-71 T6 2 83 0 MOBILE HOME DISTRICT ,,:,,:A, 82-e CIE, 6.2R-63 311 9'6 T-19-]6 PP T5-8 2090 FCC COMMUNITY BUSIMMENE55 DISTRICT 3 62-12 2595 6.2A-6q 333 9 6 8-I6-]b ]6-IB 210T © nlGnwAY COMMERCIAL I-3-83 2-IG 2596 - - — 1028 9-21-]6 ]6-22 2126 3 MEDIUM=HIGH DENSITY RESIDENTIAL DISTRICT I_. 82-19 259T 10-5-6a 3 1090 -1-T> ]6-2A 2153 i-A-85 11,1 2TA9 A-5-65 111 11122 a2-6->6 ]6-A 21}5 © NEIGH00Rn000 COMMERCIAL -Y-86 fill) 285A 2-21-66 5<5 -8TTOLD_SVELv 21 TI -3-66 66-R 28]6 6 6 0 IzD. 6-6-]) ]]-1 21eo ® HIGH DENSITY RESIDENTIAL DISTRICT_ 10-1-6T -I 2906 2-IT-69 G6-1. 1]0 CO­6- 77-8 22C2 COMMUNITY FACILITIES(CIVIC)DISTRICT 11-21-86 88-11 2980 2-IT-69 688-52 A i-1116 PPAT6-8 2129 SETBACK LINE R:A6 88-I3 29]38 0-6.69 3 I52] _5}Bh'-eB-TT--PPTib-6B—E2 2512 �l COM81NE0 WIT"OIL PRODUCTION 1 -91 71_"`-2 1102 IO-19 TO-10 IGOG Iq-IT-TT -1A 2230 J a2-16-91 91-2 3126 1-IS-]I 0-28 1639 - -TB )8-2 22TT '^ 20.92 90-10 3I2G� 12-20>I 71-18 1691 9-19-]1 TT-13 2226 QUALIFIED CLASSIF ®RR*,_PINE CF STREc^f AUGM 12-6-TI TI-32 I68) 9-19-TT T]�IA 2225 -- -' - >-IT-T2 ]2-161F1 1]60 II-ZO-Te ]e-11 2328 -CD CIVIC DISTRICT --DLOTOwN SPECIFIC PLAN },35 J IGARFIELD AVE.( �— - > HOLLY EACLIFF PECIFIC ' MH uEaoa o MI—A C2 Jf '��' at6 7attmrsR }>o N LWE E SKV30 F1 8300A R2 R2 R2 5 C 4 1 R2 R 2 �m 2 a - RR R2 ,. � o R2`.', `s M I OLC TDWN SPECIE-IC R2 3001228012 Sy AVE. ft3°22< D o - R3 'c2: R2-0-PD f o -0 8N'i �: $ x R2 R4 R2 R2 .,. R2`0 N130 LINE TR 3950 _.DWEM—— N AVE. r «K; ,: i RI 290 R2-a-Rq` ..._�. 1:.i ,'+d..i _;: r"j RI �-- I cLLxEIAxD � '"C2� \ r ANALR R2 SCP 5oA -01<D TR2-0-PD :p ;_':':' -R2-0 RI -I5 3 HOLLY-SEACLIFF ME ETR 3950I MILLIAMS AVE 1E5rw N z5a W SPECIFIC PLAN O N„ 2 .F-¢.R2=o-�D ;'$-.,o ;�� R2 R2 R2 o i OP-O CD � . 0 5W R2 26~ i -;R2 0-PD o 5, b ; c --N g f23 -� ° YORIETOWN—ram— -- a —— AVE x RJ95L»" R2-0-CD I a e C4 § R2-0 R2 -0 c I R 3D00- C F-CIT f CF-E-CD _»TLR) f R2-0-CD 5DJ (RI-0) _ �" (R2-O)L(RA) R2 C2I sT _ TA SAVE ti eCF-EoCD �R$} �I'I coo I R2 R2 Y LR /� -0 T N .I - CF—E aLi SP IFI P N -CD-0 VENICE AVE. R2—O IRI-a (DI RI T O)CD. 'R4,G-CD-O , i 160 o CD-0 Q R2-0 R2-0 R Sm RI-oI"o -0 -0 -0 -0 _� _ _ 0000ao 0 �9 CF-R RI RI RI RI RI R2 -CD-0 TORONTO I o o �. D�`( lRl-01 CD-0 I N N r I' xi k�z /� I R o-.`,�) AHER TEGN R2 C`Y I L SPRINGFIELD I T ALTAMA A, O O > 1 R DR o Po 1 -p�-DO -0 -0 • ;� h;�,2` P w Z RI RI RI RI RI R2 -D ROChESTER o a AVE R30 R30 o W /i RI.O 4��tiEE" qpq w D sa DO a� 0Ow R3 ONA R3-0o - R2 n L� vF + r RI-0 RI ADAMS I AVE i i DM 3L Lw p am SECTIONAL DISTRICT MAP 3-6-II CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP D4RFIElD ` "t .-. AVENUE 1�L w w y I Air c CNUR a CR a.T f F- 8 rn Iik e ggp W °9T• H° � Ca y M 5 CR. O DR. r r _ r _ Ot.Q o f c<ue F� \S�.PND OUtET m� I .� •�' �•L PARMN6 l��P' •• a NDRWNp� �?` ti / vo F ti' 3 z I. v to OCF w t i C A PLANNING ZONING DM 3Z 000 `SECTIONAL DISTRICT MAP 3-6-II ./ ADOPTED MARCH 7,1960 NOTES NL DIMENSIONS ARE IN FEET CITY OF A Tr TONE ADTOINrHO .♦ NIGHT OF WAY Ep O ExTEw�TO E CENTER CITY COUNCIL ORDINANCE NO. 754 of iuEND cwr of ZONE ZONE LEGEND AMENDED CASE ORD_NO AMENDED C=6E ORD NO ® INDUSTRIAL DISTRICT 2-5-]9 TB-e �3e3 NEDIUM GERD-REBDEMTAL DISTRICT 5-7-62 234 899 I-T-ea RES No 82e wcDluw-races DENSITY RESIDENTIAL DISTRICT 12-3-62 201,282 938 -IB-82-81-W 2536 LOW DENSITY REAOENT4L DISTRICT 9-6-83-B39 2640 NIGH DENSITY RESIDENTIAL DISTRICT 2-z1-66 545 1186 '-2-8A 84-7 2706 OFFICE-PROFESSIONAL HUNTINGTON BEACH 6-20-66 66-19 1216 -1,-BSFLD002DNE 2606 NEIGHBORHOOD COMMERCIAL 10-3-8] BT-I 2906 11 ® RECREATIONAL OPEN SPACE DISTRICT 6_17_66 68-13 1419 7-6-92 90 9 31955 ® DESIGNATES PRECISE PLAN OF STREET ALIGNMENT) 6-17-68 68-13 1419 4-20-92 90-10 31568 m SHORELINE DISTRICT 2-17-68 68-31 I472 ]-6-92 9o-1I 1 ORANGE COUNTY, CALIFORNIA 6-24-D 69-34 1582 7-6-92 90-12 3% ® COMBINED WITH OIL PBODON ME.M AREA T-6-92 90-13 3158 BOUNDED BY FILM AVE.ON NE.IN ARE WEST 10-,9-70 70-10 1606 5-18-92 90-1A 3142 ION NW OCEAN AVE ON IN,B SEVENTH ST.ON SE, 5-3-71 71-I 1643 7-6-92 90-IS 3159 Cet COASTAL CONSERVATION DISTRICT -6-92 90-16 3160 COASTAL ZONE SUFFI% I-3-72 `71-37 1706 8-3-92 92-1(A) 3166 �al0ENT1Al AGRICULTURAL DISTRICT 5-15-72 72-13 1746 a-3-92 92-1(8) 3r6T �] H e-3-92 92-1(C) 3168 -02 COMBINED WITH OIL PRODUCTION IG)7-7-72 72-16 1761 -CD CIVI`DISTRICT 1-15-73 72-35 1813 -D- COMBINING OIL 7-2-73 72-39 1855 -0I- COMBINED WITH 014 PRODUCTION f 115-73 73-20 1876 ® FLOODPLAIN DISTRICT 3e 35 9-16-74 73-31 1943 I/. WITHIN FLOOD ZCNE-FP2 3 z -CZ /,ARFIELD '� 2-19-76 PPSA79.52024 AVENUE L BCZ /-CZ HOLLY—SEACLIFF SPECIFIC PLAN cZaa9P ROS-0 W �x2E .....r,w :.aR w 53c�»'ao w N an9a SANTA ROSA CR J v d'°'Ip ;p�? s�q / 67ry pi G nTaa r� w sn eBarCw RI-01 RI OL N E 40po w a' `V° `\`OO,p. T,//(a :r __'isP Nram azE w LAWry RI R4-01 wR4-0 NR�6 - Fm RI GGx L ROS-0 = Q DR w6 a2'33'E `�y<O /�•>'' `i I NAR EY R RI ITT RI RI-0N III- = ORc cR 1 - ROS'0 9vE RILRI Ra RI HRI 'i ''� P�,` "w�,';;w `��^ p,., a E Ri.;'�»' 'oP�F� RI•E Rlrv:�arAceo R I 3 II �` ° vaae'w 4oa( zeSzw mwarw aaa Ge zoE SaR/G(r sO/ TeDR. RI-OI 2 \ 2< W 2e>2E E o� /C9$q I R2,go �,Ao w OS-0 NGO—2,w RI o 0,\ O,C `.3F. `02 >B>c� eor, s, Ter>6 R4-0• > �f SLAq _ �SEACLIFF.p sa,rzuE Ic RI oRI ,> oSPECIFIC G 3 O9v'� N�1�1I .-`4as• >PLANti�" R4-0 sae x >s4 I O i1 V r r S—III v�4 ra n>rr sez sa ea e° v'aG E a N d "w E 16 �a R4-0 HOLLY—SE ACLI FF as . E ,g RI aR2PD0CZ E SPECIFIC PLAN w .: e:a ry �oRn+Scai`E_G;' Nr9 orzzE av 3.>a 9G 3.aaso H„o,➢ °Rem i:3''. �i y °eq�'oo:bR! Nn s»zro ROS—O as �• .,:y'a'w on 'r'R2-PD-0-CZ GaGTaaE P`R,of,,� •'4-' doe '�E0 A.,aG•w as �,., �'�-R3.1�_Lw i ,a,`%" �;';' AF i w rai aG NRi•iG'9'w xa r1 n,P �p 1j a>R > hi r, >,:�;�-. '- =-' a9•oaw'w.va `"v RI V garGNE RI, ry� RI 0 11y, c VIA 11'. 1a m IT ryp. �+����' LM .vim/ !CZ9G .SLn 9�A��' Im OWET $0 ROS—O—CZ RI alA r Q�„� ''_`' -0 RI RI/ e•'aoo' c�'Y A Ri- RIm�' / eaN, R \I RI-0 I O` "``•/< � lilt-, C ro.cz AVE e ti'p RI-O s G xw e'" ,\ y-, 0°�', M2-01—CZ °z o`'y.=' RI TOMNLOAT SPECIFIC PLAN-� ' IO �I 15ELTIDN E. NE 3 ry°a•2 h i l 0 ' r F aA SECTIONAL DISTRICT MAP 4-6-11 & 5-6-11 =µE ,NEEET. CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP 33 N . 3 N 32'3 Ir__J '0 I �H 1 H U N T I N G T O N B E A C I 5 �ri o � i� tJ� �l_YVY �C 1 i is Off, F9 t, y i . io PLANNING ZONING DM 10 ' 9-6-11 a ECTIONAL DISTRICT MAP 10-6-11 LEGEND %/WITHIN FLOOD ZONE-FP! ®FLOOCPLAN 06TMCT CITY OF ®SHORELINE DISTRICT ADOPTED MARCH 7, 1960 ®COASTAL ZONE SUFFIX 00 OUALIfIEO CLASSIFICATION CITY COUNCIL ORDINANCE NO. 754 rLE.E—J CO M MLNITT FACILITIESMOUCATIONAUDISTRIR • �COMMUNTY FAC;LITES(RECREATIONAUDISTRICT AMENDED ZONECASE ORD NO AMENDED 2C•Nf!ASE OP_D.N4. = LOW DENSITY RESIDENTIAL DISTRICT HUNTINGTON BEACH 2 'I3 ®MEDIUM DENSITY RESIDENTIALDISTRICT ]-T�62 '30 899 T-T2 IINI Ii15 ®MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT :L-Z-62 2BI,282 9JB2-i-T2 'I 31(JI "16 rM HIGH DENSITY RESIDENTIAL DISTRIR -194 ]HS I 6 6-3-tt TI- wE) I]9 T 6T-IC IASON .T-11-T2 - I'E'. ®GENERAL BUSINESS DISTRICT 2-1>-69 'R-!I T2 2roY-T! ZL C5 Ig19 IN DISTRICT-'' Iti.3-ti0 TO-10� .IIf<S - 2TG TOWNLOi 1 BB 202b ICI NEIGHBORHOOD COMMERCIAL DISTRICT ORANGE COUNTY, CALIFORNIA =7:? _,a= �° o COMMUNITY BUSINESS DISTRICT TI-5'cDI .12-2Oa1 7a-27 2lso SUFFIX.LEGEND: EN OZONE CASE ORD NO 2%-Tt 7'-51([) ° -7-BO P 9AT9-5 RES.N." AM LE ) 2 !'((FFl� !�+�o -IB-6: 2516 COMBINED WITH OIL PRODUCTION T TI 311;1 " "0-'i-bN - B!�2-A 2606A 12-5-8B BB-IAA 291I y 11-1 ea -- 26AT_- Q COMBINED WITH OIL PRODUCTION IN ARE.•. R-S-BB BB-MB 291I '' - l-2-C 26A6-C BOUNDED BY PALM AVE.OV NE,GOLDENWEST - -sCID Z II2 21-BA ,SO-I! .2682 - -2-8A--`BR-T 2YOG - ST ON NW,OCEAN AVE.ON SW,6 SEVENTH ST ON SE.. 1� ry 1..--66 G-16 '2Bl6 DESIGNATES PRECISE PLAN Of STREET ALIGNMENT - B! FLOOD 201E 2606 -OI COMBINED WITH OIL PRODUCTION 'V• ��'�,Af• -- COMBINED ZONE BOUNDARY ODOLCTION c F / \ '•' BG� �--COASTAL LONE BOUNDARY r oo M2 0 CZ RI o Rho •dp' R4-0-CZ D q 4 Rho M 2-01-CZ D.A o, . C N p ' �P CF-E Nv SPEcsc 'LAN J - V AREA WE (SECTION'A'7 0 0/ �� aD�2�� A y ` ``•� ' e TOwNLOT (SECCTIIOONA ONE O 1000 FEET - �, NOTE: -- '-^ ALL DIMENSIONS ARE IN FEET �- ANT ZONE AOJUINING AN't RIGHT OF WAY IS INTENDED TO EXTEND TO THE CENTER OF SUCX RIGHT OF WAY f� u PLANNiNG Y_ 7-7 ' y o S ` SCn_E � � �,, DISTRICT MAP 10-5 - 11 ;� '°°fCC' i �D D CI*Tl OF i HUNTINGTON BEACH ORANGE COUNTY, �CALIFORNIA USE OF PROPERTY MAP WESTMINSTER AVE 7o i"o N c GINGER LN SUNSIDE AVE J V Z < < < WALT ST WAL K WEE WAY MAHOGANY - - AVE m � Z Z ; J I 2 m r a O CAMPHOR AVE V — m NOM R z ST ' I GLACIER ( - DR __ s R� '(r'''''��I'' 9,i• �-mil < Ta O — CHINOOK- V AVE V 3 + ANACAPA DR. CF-E MAP 'I I..ARRA. SCHOOL) z O� o Foo z _ C �+ - INDUSTRY WAY BRIARCLIFF DR. Z R R US NAVY R/W RR US NAVv R/W i C K.R GLENWOOD SLENWOOD DR- SANTEE AVE HARDWICK CR -- - _ - - ROYAL OAK . IVORY CR LARKSPLIR OR \ A ' I CF-E CF-E r� JADEUZA y CR ViK� KELSEY CR j HARMONY CR . � CF-R , LARCHWOOD DR LARCHWOOD DR - O N W COR OR.5 _ MARS VISTA DR. W a - �3 o - r w LIZ ID T Q Do n - t ' 0 0 O C F. C D C< �+ ,e Is BOLSA AVE I: q � e PLANNING ZONING DM II. . SECTIONAL DISTRICT MAP 10-5-i ! NOTE •�L DIME«so«s ARE IN r,ET CITY OF ADORTED AUGUST 15. 1960 TONE D7D MINI AN. DKT Dr r IDSr ^N.EU END T T o0,1- D THE C[xt[S CITT COUNCIL ORDINANCE NO. 7B5 LEGEND ®' LOM DE161TY RESIDENTME DbT11KT ZONE AMENDED CASE ORD.NO. AMENDED ORD NO. C2 COMMUMITY SVSWESS DISTRICT COMMUNITY FACILITIES IEDVCATIDNI DISTRICT HFNTINGTON BEACH 9-Ifi-61 204 868 COMMVNrcY fAL41TIE51RECREATIONA)DISTRICT 10-7-63 363 1007 � M�� 8-16-65 507 1156 �/i WIT�M rEom zwE Kn B-13-54 64-5 2713 7-21-86 66-17 2554 ORANGE COUNTY, CALIFORNIA F7-B3 F D00 ZONE,2606 4 3 J 2 9 10 Wli WESTMINSTER L e AVE GINGER f I SVvSI � ~ J < D n`i ST -RLT ST 0, ZWEE w AlE < O IS J O Z IS :.AMPIa00. A,VE y raOMER 3 2 ST UGLnC IE JR J1 _ f� Cr.INOOr�U�o nVE 0 , ANACAPA DR RI CF-E -I TE (Rl l I NCO 1 RI RI RI 3R1I u of 2 ¢ RI INDUSTRY WAY BRIARCLIFF DR RI _ RI RR '„5 NAVI RR •,IS NAVY RI — — GLENWOOD GLENWOOD JRz u " SANTEE AUE RI a RI RI = RI V RI W RI �RI = y� P Y C RI RI HARDWICK CR yl Z ROYAL OAK �O RI S RI RI RI <` I, D IVORY CR LARKSPUR R I y .7< =RICF-E CF-E ALE =RI AE CR (R17 (RI) E.R CLi ' p R1 1 KELSE� Rt CFI'R � RI RI LARCNWOOD DR LARCHWOOD DR. RI RI Lj iN w _j CDRTC2 ORTj RI MAR VISTA DR > a RI z «82 ANa- RI RI W RI 9 RI RI W RI RI aRI o d I RI = o o L H� LITY ««TI«DTD« _ ' b� OLSA B AVE MiilS IS IA I -,� � '�'�• '��'�;�/o <I9 bpi � ��, �' �,6� ����,� ., . 1 ������������������� ����� �,��\� r�► • MINI® 11� - IVA FRO No I BONN KID 1 g11Mg111� �� I�Id1N1 III \IIII1 NUNN III®° ��►�►� I1N1 111 r • �111111111111111 I!I!I!.1111111111! 1111•111111111 IIIII �I�11111111111'11� 1111 ql I p11111111111 11 IggNq� Iq m 1111111111loo r01 11101mim III 11■1 11111 ■1111 �111111 1111m1 I •1 111 111 11 11111 mi •1g1g1 unuffillumlip 1111111 m1m1 uppoolumull Runup 1 1 ��I 1 ■� • �11 11g11 llqlfiq 111111 1111E 1111m 1 111 olggll 1 111111 111111 11g11 111g1 1 1WN11 111111 111g1 11 11 p �lgllq IIIg11q 11111 1111811q 1111 uplulluipillu 111 nui ii„ i„� 11�q 11111� 1111 11111 1 Imilll 1 III 1 1g111 IRMNINDIIHININ IIIiI Illlll OR U1111111111111mum 1111111111111r q II 11111 1111E �I,�► � IIIIIII IIIIIIIIIIIiI _ I ���uuiu���i� � � �® IllllllllllllllllllllL..i I PLANNING ZONING DM 34 ` , ECT10NAL DISTRICT MAP 29-5—I I SCALE IN FEET NOTE: TV .(T�l' ALL DIMENSIONS ARE IN FEET CITY 1 �1 ADOPTED MARCH 20.1960 ANY ZON"" aDJ01Nw4 AN RIGHT of wqr IS INTENDED TO EXTEND TO THE CENTER OF SUCH RIGHT OF WAY CITY COUNCIL ORDINANCE NO. 824 LEGEND: ZONE CONE M LGw DENSITY RESovmAl p5f11CT AMENDED CASE ORD.NO. AMENDED CA-IF ORD.NO. ©COMWNITY BU9NE55 DL9IIIIR'. HIJNTINGTON BEACH 6-24-63 332 978 783 FLOOD ZONE 2606 ®MEDEY DENSITY RESIDENTIAL DBTXKT, 11-18-63 332 1019 Q MEORAM-wGH pENSRY RESIDENTIAL.OLSTRICT 10-I8-65 498 1163 © HEGHwIa COMMERCIAL 5-6-68 68-7 1405 qq RESIDENTIAL AGRICULTURAL DISTRICT 12-I6-68 68-40 1458 ®PLANNED DEVELOJMENT ORANGE COUNTY, CALIFORNIA 4-20-71 7D-3 1573 0 7-17-71 TI-9 659 COMMUNITY RMCILITIE$(RECREATIONAL)DISTRICT 12-20-71 71-208A11701 ROS RECREATIONAL OPEN SPACE RESTRICT 2-22_72 71.43 1721 PRECISE PLAN OF STREET ALIGNMENTS 2-24-75 73-301964 CZ COgST4l ZONE SUFFIX 9-7-76 PPA76-3 US 3-21-77 PPA77-I28 Q®5j SHORELINE DISTRIC T9-19-77 77-1 2 SETBACK u 9-19-77 77-I6 26 COASTAL 20rvE BOUN DR Y 94-79 79-6 2593 FInmPLMN OS—CT Vf7HIN FLOOD ZONE 4 2-2-84 84-7 2606 C ]-2-84 4-7 2706 WATERWAYS RECREATXN psYRIcT J 8-20-84 84-12 2718 p - 8-20-84 84-13 2719 i w - / '$ 8Gi WARNER AVE_L zo zl / m 29 2B 30 29 RI-CZ RI < RI-CZ > C' i 3 xirzX »O.OTR W WESTPORT qa IiP R I-CZ = RI-c "RI-CZ N R R3 C�:EIDa 3 N R R 3 R3 R3 R3 -CZ � RI-CZ p c? � R3 � JRRI' zw.uE C4' R N R 2° R3-19rR�l RINGE 'ATER iWR-CZ-FP2 FP RI CZ s 6C2 'AEATHERLY BAY R hCZ` WR-CZ FP2 �_ P J R313 NRI R I R 3 4LADDIN DR. HUNTINGTON HARBOR d � oti A RI-CZ W RI-CZ R I CZ BAY CLUB SPECIFIC PLA TNE1 \' s seaPiNE cR. sGO DWR . RI-CZ �� GO RI-CZ - HE o WARNER AVE. "w RI-CZ IRREZONEO)RA---" JIPREZON 1 RI i I �\ i i \\ I \ D. � •�� �/SST CF, 29 20 I PLANNING SECTIONAL DISTRICT MAP 30-5-II SCREE 1M FEET d �� CITY OF HUNTINGTON BEACH a ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP 9 20 y J SO 29 m Z � f ` 9 c, s AuoaH DR. Q gyp\s N y��2 i 4 �C/ X, BEACH S /C WARNER !� �., `. c, o �y i i t ry ' s I[ City Clerk' s office ------------ ( FC) --( 5 ) ----------- City Atty' s book/chamber Counter Records Manager Legislative drawer Codification HUNTINGTON PEACH MUNICIPAL CODE ,UPDA TES (Effective 3/9/94) Prepared by: Office of the City Clerk - Records Division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Please Remove from Code Please Add to Code Chapter 8.42 Chapter 8.42 Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 Huntington Beach Municipal Code 8.42.010--8.42.030 VVV��v Chapter 8.42 . USE OF POLICE SERVICES AT LOUD PARTIES OR OTHER ACTIVITIES i (2956-9/88, 3229-3/94) Sections: 8.42.010 Definitions 8.42.020 Initial Police Responses to Large Parties, Gatherings or Events 8.42.030 Subsequent Police Responses to Large.Parties, Gatherings or Events; Liability 8.42.040 Cost; Collection 8,42,010 Definitions. The following.words, phrases and terms as used in this chapter shall have the meaning as indicated below: (a) Large pa a, gathering or event is a group of persons who have assembled or are assembling for a social occasion or for a social activity. (2956-9/88) (b) Host is the person who owns the property where the party, gathering or event takes place; the person in charge of the premises and/or the person who organized the event. If the host is a minor,then the parents or guardians of that minor will be jointly and severally liable for the fee incurred for police services. (2956-9/88) (c) Police services fee is the cost to the City of any special security assignment. Such fee may be either a flat fee of$250.00 or an itemized fee based on,but not limited to, salaries of police officers while responding to or remaining at the party, gathering or event, the pro rata cost of equipment, the cost of repairing City equipment and property, the cost of any medical treatment of injured police officers. (2956-9/88, 3229-3/94) (d) Special security assignment is the assignment of police officers, services and equipment during a second or subsequent response to the party, gathering or event after the distribution of a written notice to the host that a fee may be imposed for costs incurred by the City for any subsequent police response. (2956-9/88) 8 42 020 Initial Police Responses to Large Parties, Gatherings or Events, When any police officer responds to any large party, gathering or event, and that police officer determines that there is a threat to the public peace,health, safety, or general welfare, the police officer shall issue a written notice to the host or hosts that a subsequent response to that same location or address within a thirty (30) day period, such response or responses shall be deemed a special security assignment rendered to provide security and order on behalf of the party, gathering or event and that the host may be liable for a police services fee as defined in this chapter. (2956- 9/88, 3229-3/94) 8,42 030 Subsequent Police Responses to Large Parties, Gatherings or Events; Liability. If after a written notice is issued pursuant to section 8.42.020, a subsequent police response or responses is necessary to the same location or address within a thirty (30) day period, such response or responses shall be deemed a special security assignment. Persons previously warned shall be jointly and severally liable for a police services fee as defined in this chapter. (2956-9/88, 3229-3/94) The amount of such fee shall be a debt owed to the City by the person or persons warned, and if he or she is a minor,the debt shall be owed by his or her parents or guardians. In no event shall the fee be more than$1000.00. (2956-9/88) The City re erves its rights to seek reimbursement for actual costs exceeding $1000.00 through other legal remedies or procedures. (2956-9/88) 9/88 8.42.030--8.42.040 Huntington Beach Municipal Code The subsequent response may also result in the arrest and/or citation of violators of the state penal code or other regulations, ordinances or laws. (2956-9/88) 8.42.040 Cost;Collection. The Chief of Police shall notify the City "Treasurer in writing of the performance of a special security assignment, of the name and address of the responsible person or persons, the date and time of the incident, the services performed, the costs thereof and such other information as may be required. The City treasurer shall thereafter cause appropriate billings to be made. (2956-9/88) 8.42.050 Administrative Appeal. An administrative appeal of a police service fee may be made to the Chief of Police or his designee within ten(10) days from the date of mailing of the billing. The request for a hearing shall be in writing and addressed to the Chief of Police and shall include a copy of the billing and grounds for the appeal. (3229-3/94) 9/88 8.42.010--8.42.020 Chapter 8.42 U_ E F POLICE SERVICES AT LOUD PARTIES OR OTHER ACTIVITIES Sections : 8. 42 .010 Definitions 8.42.020 Initial Police Responses to Large Parties , Gatherings or Events 8.42 .030 Subsequent Police Responses to Large Parties , Gatherings or Events ; Liability ` 8.42 .040 Cost; Collection 8.42. 10 Definitions . The following words , phrases and terms as used in this chapter shall have the meaning as indicated below: a. Large party—gathering or event is a group of persons who have assembled or are assembling for a social occasion or for a social activity. (2956-9/88) b. Host is the person who owns the property where the party, gathering or event takes place; the person in charge of the premises and/or the person who organized the event. If the host is a minor, then the parents or guardians of that minor will be jointly and severally liable for the fee incurred for police services . (2956-9/88) C . Police services fed is the cost to the City of any special security assignment and shall include , but is not limited to, salaries of police officers while responding to or remaining at the party, gathering or event , the pro rata cost of equipment, the cost of repairing City equipment and property, the cost of any medical treatment of injured police officers , and the cost of reasonable attorney fees . (2956-9/88) d . Special security assignment is the assignment of police officers , services and equipment during a second or subsequent response to the party, gathering or event after the distribution of a written notice to the host that a fee may be imposed for costs incurred by the City for any subsequent police response. (2956-9/88) 8.42.020 Initial Police Rsponses to Large Parties Gatherings or Events. When any police officer responds to any large party, gathering or event, and that police officer determines that there is a threat to the public peace, health , safety, or general welfare, the police officer shall issue a written notice to the host or hosts that a subsequent response to that same location or address within a 24 hour period shall be deemed a special security assignment rendered to provide security and order on behalf of the party, gathering or event and that the host may be liable for a police services fee as defined in this chapter. (2956-9/88) 8 .42.030--8.42 .040 ice Rg onses tQ_Large Parti e"4the-rinq�- r Events: --' L1_aki.l.ijr� If after a written notice is issued pursuant to section 8.42 .020, a subsequent police response or responses is necessary to the same location or address within a 24 hour period , such response or responses shall be deemed a special security assignment. Persons previously warned shall be jointly and severally liable for a police services fee as defined in this chapter. (2956-9/88) The amount of such fee shall be a debt owed to the City by the person or persons warned , and if he or she is a minor, the debt shall be owed by his or her parents or guardians . In no event shall ' the fee be more than $1000.00. (2956-9/88) The City reserves its rights to seek reimbursement for actual costs exceeding $1000.00 through other legal remedies or procedures . (2956-9/88) The subsequent response may also result in the arrest and/or citation of violators of the state penal code or other regulations , ordinances or laws . (2956-9/88) 8.42.040 Cost: Collection. The Chief of Police shall notify the City Treasurer in writing of the performance of a special security assignment , of the name and address of the responsible person or persons , the date and time of the incident , the services performed, the costs thereof and such other information as may be required . The City treasurer shall thereafter cause appropriate billings to be made . (2956-9/88) City Clerk' s Office ------------( FC) --( 5 ) ----------- City Atty' s book/chamber Counter Records Manager Legislative drawer Codification v 4. :.u.' ,. "€ Uy„ N.T1NGT' t. ., •�,. ,.,<._. ..z.+. ..::...:..:.�...�.Y, , ... ... .. .: .-.x y ,. ....„ ..„...... 3,-�,�Jt::m Mid^:., - x ;f ��'D/NANCE , . .,,., P::.• ,- .._.,.....E E:,:,, ,,............ ....<-_x . 'A' CU,:�.. ,: a=�� 'a: F U­" (Effective 2/17/94) Prepared by: Office of the City Clerk - Records Division City-of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Connie Brockway, City Clerk Please Remove from Code Please Add to Code Article 908 Article 908 Article 960 Article 960 Article 963 Article 963 Questions regarding these updates? Call Laura Nelson, Deputy City Clerk, Records Division (714) 374-1559 ' t Huntington Beach Ordinance Code 9080 Article 908 DEFINITIONS (495-6/46, 556-2/50, 596-5/53, 1103-1/65, 1241-9/66, 1261-11/66, 1366-1/68, 1469-3/69, 1566-5/70, 1672-10/71 , 1673-12/71 , 1752-10/72, 1753-7/72, 1769-9/72, 1799-1/73, 1852-7/73, 1928-9/74, 2115-11/76, 2127-12/76, 2217-10/77, 2221-11/77, 2273-5/78, 2340-2/79, 2429-6/80, 2487-6/81 , 2539-3/82, 2588-1/83, 2618-6/83, 2632-8/83, 2772-7/85, 2773-7/85, 2780-9/85, 2936-4/86, 2941-7/88, 2836-6/86, 2957-9/88, 3024-12/89, 3108-7/91 , 3152-7/92) Sections• 9080 Definitions R A Accessory building Accessory use Adult business Alley Animal clinic Antenna, satellite dish Apartment Architectural projections or Appurtenances Arterial Attached units Auction Automobile/vehicle repair Automobile storage or parking space Automobile storage yard Automobile wrecking B Basement Bed and Breakfast Inn Bedroom Block Boarding or rooming house Building Building height Building, site Building, main Business or commerce C Child day care facility Carport Church City Clinic Club Commercial recreation use Commercial vehicle Commission Compensation Community apartment project Condominium Convenience Market D Density bonus Director Disposal service operation 7/92 9080 Huntington Beach Ordinance Code District Dry cleaning agency Dwelling Dwelling, multiple unit Dwelling, single unit Dwelling, Second Unit Dwelling, Studio Unit Dwelling unit E Educational institution Erected Equestrian Equine F . Family Fast Food Restaurant Final approval Final environmental evaluation G Game arcade Garage, private General plan Grade Gross acreage Gross floor area Gross site area H Health club Hedge Home occupation Horticulture Hospital Hostel Hotel I Industrial use J Junk, wrecking, dismantling or salvage yards K Kennel Kitchen L Landscaping Laundry Line of sight Liquor store Living Unit Loading space Local street Lot Lot area Lot depth Lot frontage Lot line Lot line, front Lot line, interior Lot line, rear Lot, reverse corner Lot, through Lot, Width M Mobilehome/manufactured home Mobilehome accessory structure 7/92 Huntington Beach Ordinance Code 9080 Mobilehome lot or space Mobilehome park Model Home Motel Motor vehicle Maximum wind energy conversion system height N Net site area Nonconforming building Nonconforming parcel Nonconforming use Nontransferable conditional use permit 0 Occupancy, change of Occupied Open or public land Open space Oversize vehicles Overspeed control P Parking structure Person Personal Enrichment Services Permanent open space Place of public assembly Planned residential-development Private street R Recreational vehicle park Recreational vehicle Recreation space Rental unit Residence Restaurant Retail store Retaining wall S Senior citizen housing Service station Service station, idle School Setback line, front yard Setback line, side or rear yard Single Room Occupancy (SRO) Site Site coverage Site plan Stable, commercial Stock cooperative Story Street Street line Structure Structural alteration Structure, temporary T Temporary outdoor event U Ultimate right-of-way Use W Wall or fence 7/92 r . 9080--Arterial Huntington Beach Ordinance Code Warehouse Waterfront lot Wet bar Wholesale use Wind energy conversion system Y Yard Yard, front Yard, rear Yard, side Z Zone Zoning district maps 9080 Definitions. Words and phrases wherever used in this division shall be construed as defined in this article unless the content clearly indicates otherwise. When not inconsistent with the context, words used in the present tense include the future tense; words used in the singular number include the plural number; and words of the masculine gender include the feminine and neuter gender. The word "shall" is always mandatory and the word "may" is permissive. (2836-6/86) A. Accessory building. A detached building on the same site as a main building, the use of which is incidental to that of the main building, and which is used exclusively by the occupants of the main building. (2836-6/86) Accessory use. A use customarily incidental and accessory to the principal use of a lot or a building located upon the same site. (2836-6/86) Adult business. A business as defined in Article 975. (2836-6/86) Alley. A public or private thoroughfare, permanently reserved which affords a secondary means of access to abutting property. (2836-6/86) Animal clinic. A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Kennel uses shall be incidental to such hospital use and limited to short-time boarding for medical purposes. (2836-6/86) Antenna, satellite dish. An apparatus capable of receiving communications from a transmitter or transmitter relay located in planetary orbit. (2836-6/86) Apartment. A room or suite of two (2) or more rooms in a multiple family dwelling occupied or suitable as a residence for one (1 ) family. (2386-6/86) Architectural projections or appurtenances. Features on buildings which provide visual variation and/or relief but do not serve as interior or exterior living or working space. (3024-12/89) Arterial . Any street, highway or road designed as an arterial in the general plan circulation element. (2836-6/86) 7/92 Huntington Beach Ordinance Code Attached Units--Bedroom Attached units. Separate residential or commercial units sharing one or more common walls but with no common interior space. (2836-6/86) Auction. The sale of new and used merchandise offered to bidders by an auctioneer for compensation. (2836-6/86) Automobile/vehicle repair. A retail and service business engaged in the following activities: (3024-12/89) (a) Minor repair. Light repair and sale of goods and services for vehicles including brake, muffler, tire shops, oil and lube and their accessory uses, but not including any of the activities listed below as major repair. (3024-12/89) (b) Major repair: Heavy automotive/vehicle repair including but not limited to transmission, battery, radiator, and engine repair or overhaul ; welding; turning brake drums; steam cleaning, body and fender work; painting; and upholstery. (2836-6/86, 3024-12/89) Automobile storage space or parking space. A permanently maintained, privately-owned space on the same site as the use it is intended to serve and located and arranged to permit the readily accessible temporary storage of an average size automobile under its own power. Such space shall be exclusive of driveways, walks, ramps and columns. (2836-6/86) Automobile storage yard. A storage yard for motor vehicles whether impounded or not on any portion of a lot. This definition shall not include any dismantling, wrecking or repair of any vehicle. (2836-6/86) Automobile wrecking. The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts outside of an enclosed building, but not including the incidental storage of vehicles in connection with a repair shop provided the storage period of any one vehicle does not exceed sixty (60) days. (2836-6/86) B. Basement. A story partly underground and having at least one-half its height below the average adjoining grade as measured from the floor to the finished ceiling. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its finished ceiling is over five (5) feet. (2836-6/86) Bed and Breakfast Inn. A residential dwelling in which rooms are rented to paying guests on an overnight basis with breakfast served daily, the entire service to be for one stated price for a total period of time not to exceed 14 days during any consecutive 90-day period. Bed and Breakfast Inn does not include rest homes, convalescent homes, hotels, motels or boarding houses. (2957-9/88) Bedroom. Any room which meets the minimum requirements of the building code for a habitable room, which is constructed in such a manner that less than 50 percent of one wall is open to an adjacent room or hallway and which can be readily used for private sleeping purposes shall be counted as a bedroom in order to determine the parking areas or other 7/92 L t Bedroom--Child day care facility(b) Huntington Beach Ordinance Code requirements. Exceptions to this definition shall be those rooms which regularly make up a standard dwelling unit such as one kitchen, living, family or recreation room and dining room, and the customary sanitary facilities. (2836-6/86) Block. The real property abutting the side of a street between two consecutive cross streets or between a city limit line and the nearest cross street. (2836-6/86) Boarding or rooming house. A building where lodging and meals are provided for a minimum of six (6) , but not more than fifteen (15) persons, not including rest homes. (2836-6/86) Building. Any structure that is completely roofed and enclosed on all sides or supported by columns and which is built and maintained for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. (2836-6/86) Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to a deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: (3152-7/92) (1 ) The elevation of the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance of the exterior wall of the building when such a sidewalk or ground surface is not more than four (4) feet above the lowest grade. (3152-7/92) (2) An elevation four (4) feet higher than the lowest grade when the sidewalk or ground surface described in (1 ) above is more than four (4) feet above lowest grade. (2836-6/86, 2846-8/86, 3152-7/92) For the Single Family Residential District (R1 ) only, building height shall be as defined in Section 9110.4. (3152-7/92) Building site. The ground area occupied or to be occupied by a building together with all yards and open spaces adjacent thereto. (2836-6/86) Building, main. A building in which the principal use of the lot is conducted. In a residential district, any dwelling shall be deemed to be a main building. (2836-6/86) Business or commerce. The purchase, sale, or other transaction involving the handling or disposition of any article, substance, or commodity for profit or livelihood; or the ownership or management of offices, recreational or amusement enterprises; or the maintenance and use of office by professions and service trades. (2836-6/86) Child day care facility. A facility which provides nonmedical care to children under eighteen (18) years of age in need of supervision on less than twenty-four (24) hour basis. Child day care facilities include: (3024-12/89) / (a) Small Family Day Care Home. A single family residence in which care is provided to six (6) or fewer children. (3024-12/89) 7/92 Huntington Beach Ordinance Code Child day care facility--Convenience market (b) Large Family Day Care Home. A single family residence in which care is provided to seven (7) to twelve (12) children. (3024-12/89) (c) Day Care Center. Any child day care facility other than family day care home and includes infant centers, preschools, extended day care facilities. (3024-12/89) Carport. A permanent roofed accessory structure with not more than two (2) enclosed sides which is intended for automobile storage for the occupants of the premises. (2836-6/86) Church. A permanently located building commonly used for religious worship and conforming to applicable requ"irements for design and construction. (2836-6/86) City. The city of Huntington Beach, California. (2836-6/86) Clinic. A place used for the care, diagnosis and treatment of sick, infirm or injured persons and those .in need of medical or surgical attention, but which does not provide room and board or permit persons to stay on the premises overnight. (2836-6/86) Club. A nonprofit association for persons who are bona fide members, and pay regular dues, which is organized for some common purpose, but not including a group primarily organized to provide a commercial service or enterprise. (2836-6/86) Commercial recreation use. Any recreational facility operated as a business and open to the general public. (2836-6/86) Commercial vehicle. Any motorized or non-motorized vehicle used or maintained to transport property for profit, or persons for hire or compensation. (2836-6/86) Commission. The Huntington Beach Planning Commission. (2836-6/86) Compensation. The word "compensation" means anything of value. (2836-6/86) Community apartment project. A project in which an individual interest in the land is coupled with the right exclusively to occupy an individual unit. (2836-6/86) Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential , commercial , or industrial building on such real property, such as an apartment, office or store. A condominium may include a separate interest in other portions of such real property. The duration of the estate may be an estate of inheritance or perpetual estate, an estate for life, or an estate for years such as a leasehold or subleasehold. (2836-6/86) Convenience market. A retail use in conjunction with gasoline sales in which the sales room exceeds two-hundred (200) square feet. (3024-12/89) 7/92 Density Bonus--Erected Huntington Beach Ordinance Code D. Density bonus. A density increase over the otherwise maximum residential density allowable by the zoning code and general plan. A density bonus may be processed only for a housing development on a lot which is allowed five (5) or more dwelling units prior to a density bonus. (3024-12/89) Director. The Director of Community Development for the city of Huntington Beach or a duly authorized representative. (2836-6/86) Disposal service operation. Any area for the storage and maintenance of vehicles and equipment used in the collection, transportation, and removal of garbage and rubbish, but not including storage or dumping of the garbage and rubbish. (2836-6/86) District. Any classified area shown by specific designation on the zoning maps which are a part of the ordinance code. (2836-6/86) Dry cleaning agency. A commercial use in which the cleaning of clothes is incidental to a laundry or coin-operated dry cleaning service .and which uses nonvolatile materials. (2836-6/86) Dwelling. A building or portion thereof designed and occupied exclusively for residential purposes including single-unit and multiple-unit dwellings, but not including hotels or boarding houses. (2836-6/86, 3024-12/89) Dwelling, multiple unit. A building or buildings designed with two (2) or more dwelling units. (2836-6/86, 3024-12/89) Dwelling, single unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single family dwellings shall be considered as multi-family. (2836-6/86, 3024-12/89) Dwelling, second unit. A fully equipped dwelling unit which is ancillary and subordinate to a principle dwelling unit located on the same lot in the R1 zone. (3024-12/89) Dwelling, studio unit. A dwelling unit consisting of one (1 ) kitchen, one (1 ) bathroom, and one (1 ) combination living room and sleeping room. The gross floor area shall not exceed 500 square feet or it shall be considered as a one bedroom unit. Also known as a single, a bachelor, or an efficiency unit. (3024-12/89) Dwelling Unit. One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. (3024-12/89) E. Educational institution. Any school , college or university providing general instruction as determined by the California State Board of Education. (2836-6/86) Erected. The word "erected" includes built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations required prior to building. (2836-6/86) 7/92 5 Huntington Beach Ordinance Code Equestrian--Gross floor area Equestrian. That which pertains to horses or horseback riders. (2836-6/86) Equine. A horse, mule, pony, jackass, and other quadripeds of the genus equus. (2836-6/86) F. Family. Two or more persons living together in a dwelling unit, sharing common cooking facilities, and possessing the character of a relatively permanent single bona fide housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bond of social , economic and psychological commitment to each other, as distinguished from a group occupying a boardinghouse, club, dormitory, fraternity, hotel , lodging house, motel , rehabilitation center, rest home or sorority. (2836-6/86) Fast-food restaurant. Any commercial establishment serving food or drinks which encourages consumption at home or on other premises. (2836-6/86) Final approval . Ten (10) days after approval by the discretionary body and no appeal of that decision has been filed. (3024-12/89) Final environmental evaluation. That point in time prior to the decision on an entitlement for a project where an environmental assessment and a recommended action have been provided to the discretionary body. Dates shall be determined as follows: Exempt projects: Date of application acceptance. Negative declaration: Expiration date of the required posting period. Environmental impact report: The date when public hearings on the project are concluded. (2836-6/86) G. Game arcade. Any place of business with more than four (4) commercially-operated amusement devices. (2836-6/86) Garage, private. An accessory building or a portion of a main building used for the storage of self-propelled vehicles of not more than one-ton rated capacity and other goods owned or operated by the occupants of the main building and where there is no service or storage for compensation. (2836-6/86) General plan. The general plan map and text for Huntington Beach adopted by the City Council . (2836-6/86) Grade. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project by this code, includes natural grade. (3024-12/89) Gross acreage. The area computed within all of the exterior property lines of a proposed development including the area to the center line of any abutting streets. (2836-6/86) Gross floor area. The total area of each floor within the building exterior walls. (3024-12/89) 7/92 t r Gross site area--Line of sight Huntington Beach Ordinance Code Gross site area. The area computed within the lot lines of a parcel of land before public �> I-reets; easements, or other areas to be dedicated or reserved for public use have been deducted. (2836-6/; °") H. Health club. A commercial or private health center providing opportunities for recreational and physical fitness activities such as, but not limited to, handball , racquetball , weight training and dance exercises. (2836-6/86) Hedge. A plant or series of plants, shrubs or other landscape material so arranged as to form a physical barrier or enclosure. (3024-12/89) Home occupation. A business use incidental and secondary to the principal use of a residential dwelling, subject to the standards outlined in this division. (2836-6/86) Horticulture. The science and art of growing fruits, vegetables, flowers, vines, trees, or field crops for wholesale purposes. (2836-6/86) Hospital . An institution for the diagnosis, care and treatment of human illnesses. (2836-6/86) Hostel-. A supervised, inexpensive lodging for use by youth. See Hotel . (3024-12/89) Hotel . A building designed for or occupied as a temporary abiding place for individuals who are lodged with or without meals in which there are six (6) or more guest rooms and in which no provision for cooking is made in any individual suite. (2836-6/86) I . Industrial use. The manufacture, assembly, storage or wholesale distribution of a product. (3024-12/89) J. Junk. wrecking. dismantling or salvage yards. The use of one hundred (100) or more square feet of any parcel of land for outside storage, wrecking or dismantling of any used materials, including but not limited to lumber, auto parts, household appliances, pipe, drums, machinery or furniture. (2836-6/86) K. Kennel . A use in which four (4) or more dogs or cats over four (4) months of age are kept on any lot for any purpose. (2836-6/86) Kitchen. Any room or portion thereof containing facilities designed or used for the preparation of food including a sink and stove, oven, range and/or hot plate. Kitchen shall not include a wet bar. (2836-6/86) L. Landscaping. The planting and contir.-;ed maintena^�� of suitable plant materials and which i r::.I udr~ an adequ;14.e i rri gate system. (2836-6/76) Laundry. A bui 1 di no <;, :: ': ,7 of a _:.ui 1 di ng where clothing and fabrics are washed. (2836-6/86i Line of sight. A visual path eman(� -=ng from an average eye level adjudged to be five (a) Feet above ::round level . (2836-6/86) 7/92 i Huntington Beach Ordinance Code Liquor store--Lot, reverse. . . Liquor store. Any establishment in which the primary use is to offer any alcoholic beverage for retail sale for consumption off-premises. Living unit. A unit within a Single Room Occupancy suited to accommodate up to two (2) persons. (3108-7/91 ) Loading space. An off-street space for the temporary parking of commercial vehicles while loading or unloading and which has a permanent means of access. (2836-6/86) Local street. A low-speed, low-volume thoroughfare used primarily for access to abutting residential or other properties. A local street has on-street parking and a significant amount of pedestrian traffic. (2836-6/86) Lot. Any numbered or lettered parcel shown on a recorded tract map, a record of survey pursuant to an approved division of land, or a parcel map. A lot includes any area of land under one ownership abutting upon at least one street, alley or recorded easement. (2836-6/86) Lot area. See net site area. (2836-6/86) Lot depth. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. (2836-6/86) Lot frontage. The linear length of a lot measured along the property line adjacent to a street or easement. Lot line. Any line bounding a lot. "Property line" means the same as "lot line." (2836-6/86) Lot line. front. On an interior lot, the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot, or a lot with three or more sides abutting a street, or a corner or reverse corner lot with lot lines of equal length, the Director shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this division. On a private street or easement, the front lot line shall be designed as the edge of the easement. (2836-6/86) Lot line. interior. A lot line not abutting a street. (2836-6/86) Lot line, rear. A lot line not abutting a street which is opposite and most distant from the front lot line; in the case of an irregularly shaped lot, a line within the lot, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot lines. (2836-6/86) Lot, reverse corner. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not. (2836-6/86) 7/92 Lot, through--Motel Huntington Beach Ordinance Code Lot. through. A lot having frontage on two dedicated parallel or approximately parallel streets. (2836-6/86) Lot width. Lot width shall be calculated as indicated for the following types of lots: (a) Rectangular lot shall be measured along a line equidistant to and twenty (20) feet from the front property line. (b) Cul-de-sac and knuckle lots shall be measured twenty (20) feet from the front property line along a line perpendicular to the bisector of the front property line. (c) Cul-de-sac lots siding on another street, channel , or similar properties shall be measured along a line perpendicular to the interior side property line and twenty (20) feet from the front line property line. (2836-6/86) M. Mobilehome/manufactured home. A structure transportable in sections which is a minimum of eight (8) feet in width, forty (40) feet in length, and which when erected is a minimum of three-hundred and twenty (320) square feet, and which is--built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. Manufactured home includes a mobilehome subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. sections 5401 et seq.) . Any structure not meeting the requirements of this definition except for size requirements shall be deemed a mobilehome/manufactured home provided the manufacturer voluntarily files certification and complies with these provisions. (2836-6/86) Mobilehome accessory structure. A subordinate building located on a mobilehome space or lot, the use of which is incidental to that of the main dwelling. (2836-6/86) Mobilehome lot or space. An improved plot within a mobilehome park which is designated for the occupancy of a mobilehome. (2836-6/86) Mobilehome park. Any area or tract of land where mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation. The rental fee paid shall be deemed to include rental for the lot the mobilehome occupies. (2836-6/86) Model home. A dwelling or residential building intended to be temporarily utilized as an example of the dwellings which have been or are proposed to be built within the same subdivision. Such building shall be constructed upon a lot previously designated as a model home site in the approved site plan, and in a subdivision for which a final map will be recorded. (2836-6/86) Motel . A building containing guest rooms designed or used primarily .fbr ' the accommodation of transient automobile travelers and which has sleeping rooms with direct outside access and conveniently located parking spaces . A maximum twenty-five (25%) percent of such sleeping units may have kitchens. (2836-6/86) 7/92 Huntington Beach Ordinance Code Motor vehicle--Open or public land Motor vehicle, A self—propelled device used or intended for the transportation of passengers or freight upon streets or highways. (2836-6/86) Maximum wind energy conversion system height. The height of the tower and furthest vertical extension of the rotor measured from grade. (2836-6/86) N. Net site area. The total horizontal area within the property lines of a parcel of land exclusive of all rights—of—way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress. (2836-6/86) Nonconforming building. Any building or structure -or portion, thereof which was legal when established, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nonconforming parcel . Any lot or parcel which was legal when created, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nonconforming use. Any use of land, buildings or a portion thereof which was legal when established, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nontransferable conditional use permit. A conditional use permit which may not be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; except that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit. In such cases, the permit shall be placed in the name of the surviving partners after notifying the Director of Community Development. A conditional use permit issued to a corporation shall be deemed terminated and void when any outstanding stock of the corporation is sold, transferred or assigned after the issuance of the permit; or any stock which is authorized but not issued at the time of permit approval is thereafter issued, sold, transferred or assigned. (2836-6/86) 0. Occupancy, change of. A discontinuance of an existing use and a substitution of another use of a different kind or class. (2836-6/86) Occur Includes used, arranged, converted to, rented, leased, or intended to be occupied. (2836-6/86) Open or public land. Public parks, waterways, school sites, flood or electric line rights—of—way or easements. (2836-6/86) 7/92 Open space--Recreational vehicle park Huntington Beach Ordinance Code Open space. Any part of a lot or parcel unobstructed from the ground upward, excepting architectural features extending no more than thirty (30) inches from the structure and excluding any area of the site devoted to driveways and other parking areas. (2836-6/86) Oversize vehicles. Any vehicle which exceeds twenty-five (25) feet in length, seven (7) feet in width, or seven (7) feet in height, motorized or nonmotorized. Oversize vehicles include, but are not limited to trucks, buses, truck tractors, trailers, campers, and recreational vehicles, as well as any equipment or machinery regardless of size. (2836-6/86) Overspeed control . A mechanism used to limit the speed of blade rotation to within the design constraints- of the wind energy conversion system. (2836-6/86) P. Parking structure. A structure used for parking of vehicles where parking spaces, turning ratio, and drive aisles are incorporated within the structure. (3024-12/89) Person. The word "person" includes association, company, firm, corporation, partnership, copartnership or joint venture. (2836-6/86) Personal Enrichment Services. Provision of instructional services or facilities, including but not limited to, fine arts, crafts, dance or music studios, driving schools, and business or trade schools except those leading to a degree as defined by the State of California Education Code. (2957-9/88) Permanent open space. The phrase shall include golf courses, park sites, public utility easements, flood control rights-of-way a minimum of one hundred (100) feet in clear width; and for the purposes of establishing dancing, live entertainment or a game arcade, a parking lot or landscaped area a minimum of two hundred (200) feet in width. (2836-6/86) Place of public assembly. Any place designed for or used for the gathering of twenty (20) or more persons in one room where such gathering is of a public nature such as an assembly hall , church, auditorium, recreation or dance hall , theater, or amusement enterprise. (2836-6/86) Planned residential development. A residential development, including statutory and non-statutory condominiums, cluster housing, townhouses and community apartments, in which common open space is integrated into the overall development. Common areas in which each resident has an undivided interest may include outdoor recreational facilities and assembly buildings intended for the use of residents within the development. (2836-6/86) Private street. A privately owned and maintained roadway used to provide vehicle access to abutting properties. (2836-6/86) R. Recreational vehicle park. Any area or tract of land where one or more lots are rented or leased or held out for rent or lease for the use of recreational vehicles or tents to be occupied for temporary purposes.. Exclusive occupancy of any site shall not exceed thirty (30) continuous days, nor one hundred and twenty (120) days in any calendar year. (2836-6/86) 7/92 Huntington Beach Ordinance Code Recreational vehicle--Setback line Recreational vehicle. A travel trailer, pickup camper or motorized home with or without a mode of power and designed for temporary human habitation for travel or recreational purposes. (2836-6/86) Recreation space. Open space used for recreational uses such as sundecks, balconies and patios; and walkways, tennis and shuffleboard courts, swimming and boating areas, bridle paths, playgrounds and playing fields. (2836-6/86) Rental unit. A room, bath, and kitchen as a separate unit. (2836-6/86) Residence. A building used or intended to be used as a dwelling place for one or more families. (2836-6/86) Restaurant. A comprehensive term meaning an eating house providing service to the general public. (2836-6/86) Retail store. A business of selling goods, wares and merchandise directly to the ultimate consumer. (2836-6/86) Retaining wall . A structure designed to protect grade cuts or retain the fill of dirt, sand or- other grading material . (3024-12/89) S. Senior citizen housing. Any housing exclusively designed wherein at least one person per unit is over sixty (60) years of age. (3024-12/89) Service station. Any lot or portion of a lot used for the dispensing of motor fuel and/or the servicing of motor vehicles. Such servicing may include sale of motor fuels and oils; lubrication; car washing, waxing, and polishing (with no steam equipment) ; sale and service of tires, tubes, batteries; and service of auto accessories. Such service shall not include tire recapping, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steam cleaning, body repair, painting or upholstery. (2836-6/86) Service station. idle. Any service station which has not been open for business for at least sixty (60) , eight (8) hour days out of any one hundred and eighty (180) consecutive days. (2836-6/86) School . An institution conducting regular academic instruction at kindergarten, elementary, secondary or college levels , operated by a governmental or nongovernmental organization. (2836-6/86) Setback line. front yard. The line which defines the depth of the required front yard. Such line shall be parallel to the property line and removed therefrom by the perpendicular distance described as the front yard setback. (2836-6/86) Setback line. side or rear yard. The line which defines the width or depth of the required side or rear yard. Such line shall be parallel to the property line and removed therefrom by the perpendicular distance described as the side or rear yard setback. (2836-6/86) 7/92 . Single room occupancy--Structural alteration Huntington Beach Ordinance Code Single room occupancy (SRO). A building designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary, facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. (3108-7/91 ) Site. Any legally created parcel of land bounded by property lines after dedication. (2836-6/86) Site coverage. The building area of all structures on a site as measured from all exterior building surfaces, including any patio covers, and any balconies and stairways with or without support posts. Architectural features such as bay windows, eaves and fireplaces that do not project more than thirty (30) inches,- and decks that do not exceed more than forty-two (42) inches in height are excluded. (2836-6/86) Site plan. A plan prepared to scale, showing accurately and with complete mentioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land. (2386-6/86) Stable, commercial . A stable for horses which are used, hired or boarded on a commercial basis and for compensation. (2836-6/86) Stock cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. (2836-6/86) Story. That portion of a building included between the surface of any floor and the surface of the floor next above it or the finished under surface of the roof directly above it. (2836-6/86) Street. A public or an approved private thoroughfare or road easement which affords the principal means of access to abutting property, not including an alley. (2836-6/86) Street line. The boundary line between a street and abutting property. (2836-6/86) Structure. A mobilehome or anything constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which requires location on or in the ground, except swimming pools, patios, walks, tennis courts, and similar paved areas. (2836-6/86) Structural alteration. Any change in or alterations to the structure of a building involving the bearing wall , column, beam or ceiling joists, roof rafters, roof diaphragms, foundations, tiles, retaining walls or similar components . (2836-6/86) 7/92 1 Huntington Beach Ordinance Code Structure, temp--Wind energy conversion Structure, temporary. A structure which is readily movable and used or intended to be used for a period not to exceed ninety (90) consecutive days. Such structure shall be subject to all applicable property development standards for the zone district in which it is located. (2836-6/86) T. Temporary outdoor event. A temporary use of property not exceeding an aggregate of twenty-one (21 ) calendar days per year, the purpose of which is to conduct a specialized, short-term event such as an art show, fund-raising events, amusement attractions, sporting events and rabies clinics. Public services which benefit the community such as, but not limited to, bloodmobile or chest X ray are included in this category. Any such event if sponsored by a nonprofit organization shall be exempt from the requirements of Article 973. (2836-6/86) U. Ultimate right-of-way. The adopted maximum width for any street, alley or thoroughfare as established by the general plan; by a precise plan of street, alley or private street alignment; by a recorded parcel map; or by a standard plan of the Department of Public Works. Such thoroughfares shall include any adjacent public easement used as a walkway and/or utility easement. (2836-6/86) Use. The purpose for which land or a building is arranged, designed, or intended, or for which it is occupied or maintained. (2836-6/86) W. Wall or fence. Any structure or device forming a physical barrier. This definition shall include wood, concrete, concrete block, brick, stone or other masonry material . (2836-6/86) Warehouse. A building or the use of a building for storage of goods of any type A n any area greater than five hundred (500) square feet and where no retail operation is conducted. (2836-6/86) Waterfront lot. Any lot or portion thereof abutting a navigable waterway such as a bay, cove or channel . (2836-6/86) Wet bar. A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a garbage disposal at a location other than a kitchen or laundry. A wet bar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wet bar is located in a room or a portion of a room with a stove, hot plate, range, oven or other type kitchen facility, it shall be deemed a separate kitchen. (2836-6/86) Wholesale Use. A business which stores large stocks of goods and sells them in bulk quantities to retail outlets. Sales to the general public do not occur on the site, nor is the location of the business advertised through newspapers, flyers or other media designed to reach the consumer. (3024-12/89) Wind energy conversion system. A machine which converts the kinetic energy of the wind into a usable form of electrical energy, such as a windmill or turbine. (2836-6/86) 7/92 Yard--Zoning maps Huntington Beach Ordinance Code Y. Yard. An open, unoccupied space on a lot on which a building is situated and, except where provided in the ordinance code, is completely unobstructed, from the ground to the sky. (2836-6/86) Yard, front. A yard extending across the full width of the lot between the side lot lines and between the front lot line and either the nearest line of the main building or the nearest line of any enclosed or covered porch. The front lot line shall be deemed to be the existing nearest right-of-way line of the abutting street, road or highway, unless a different right-of-way line for future use shall have been precisely fixed by formal action of the City Council pursuant to law or ordinance. (2836-6/86) Yard, rear. A yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street or is adjacent to or facing a front yard of residentially zoned property, it shall meet front yard requirements of the district; excepting walls and fences and Rl zoned property abutting arterial highways. (2941-7/88) Yard, side. A yard extending from the front yard to the rear yard between the side property line and the nearest line of the main building or any accessory building. (2836-6/86) Z. Zone. A district as defined in the state Conservation and Planning Act shown on the official zoning maps and to which uniform regulations apply. (2836-6/86) Zoning maps. The official zoning maps of the city of Huntington Beach which are a part of the comprehensive zoning ordinance. (2836-6/86) 7/92 Huntington Beach Ordinance Code Title 9600--Title 9605.3 - �a Article 960 OFF-STREET PARKING. LOADING. AND LANDSCAPING (1169-1/66, 1239-9/66, 1261-11/66, 1289-2/67, 1340-9/67, 1548-2/70, 1787-10/72, 1811-2/73, 1859-9/73, 1928-9/74, 1967-9/75, 2511-11/81 , 2537-3/82, 2635-8/83, 2717-9/84, 2780-9/85, 2815-2/86, 2828-5/86, 2947-8/88, 3054-11/90, 3111-7/91 , 3179-3/93) Sections: 9600 GENERAL PROVISIONS 9600. 1 Parking compliance 9600.2 Surplus parking 9600.3 Inoperable motor vehicle 9600.4 Location 9600.5 Expansion of use with nonconforming parking 9601 DESIGN STANDARDS 9601 .1 Public Works requirements 9601 .2 Circulation design 9601 .3 Illumination 9601 .4 Protection 9601 .5 Stall dimensions 9601 .6 Parking structures 9602 NUMBER OF SPACES REQUIRED 9602.1 Handicapped parking 9602.2 Non-residential use 9602.3 Residential uses 9603 RESIDENTIAL REGULATIONS 9603. 1 Coastal parking 9603.2 Private garages and carports 9603.3 Turning radius 9603.4 Driveway width 9603.5 Access 9603.6 Open parking 9603.7 Guest parking 9603.8 Enclosed parking 9603.9 Planned residential developments 9603.10 Distribution and assignment 9603: 11 Screening 9603. 12 Driveway air space 9603.13 Storage space 9604 NON-RESIDENTIAL REGULATIONS 9604. 1 Designated parking 9604.2 Parking controls 9604.3 Parking location 9604.4 Driveway width 9604.5 Loading space 9604.6 Loading location 9604.7 Loading design 9604.8 Landscape buffer 9605 SEASONAL AND TEMPORARY LOTS 9605.1 Parking lot standards 9605.2 Certificate to operate 9605.3 Failure to comply 3/93 Title 9606--9600.4(b) Huntington Beach Ordinance Code 9606 PARKING REQUIREMENT ALTERNATIVES 9606. 1 Joint and mixed uses 9606.2 In lieu fees within the Downtown Specific Plan area 9606.3 Special Permit 9607 SCREENING AND LANDSCAPING 9607. 1 General provisions 9607.2 Interior landscaping 9607.3 Front and exterior side yards 9607.4 Planter walk areas 9607.5 Irrigation 9607.6 Curbing 9607.7 Landscaping requirement exception 9600 General provisions. Parking facilities, loading and on-site landscaping shall be provided for new construction and expansions of greater than fifty (50%) percent of the existing square footage in nonresidential projects in order to meet the parking demand of all activities on the parcel and improve the aesthetic quality of the project. The minimum parking requirements for each particular land use are included in this article. Parking spaces over and above the minimum number specified by this article may be required by the body responsible for reviewing the use itself based on the intensity of the use. Parking requirements for uses not specified shall also be determined by such body. (3054-11/90) . 9600.1 Parking compliance. A certificate of occupancy for any new use, structure or premises shall not be issued until all of the required parking facilities and landscaping for the use have been completed in conformance with the requirements of this article. (3054-11/90) 9600.2 Surplus parking. Any off-street parking or loading facility which is permitted but not required, shall comply with all provisions of this article governing location, design, improvement and operation. (3054-11/90) 9600.3 Inoperable motor vehicle. Any motor vehicle incapable of movement by its own power and/or not licensed to operate on California streets shall be stored either in an enclosed building or entirely screened from view. (3054-11 /90) 9600.4 Location. The parking facilities required by this article shall be on the same lot or parcel of land as the structure or use they are intended to serve except in the following cases: (3054-11/90) (a) An adjacent lot may be used which is in the same person' s possession as the structure or use. Such possession may be by deed or long term lease, approved as to form by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. (3054-11/90) (b) Required parking provided by means of a parking district or parking authority is not subject to any location requirements. (2828-5/86, 3054-11/90) 3/93 Huntington Beach Ordinance Code 9600.5--9601 .2 9600.5 Expansion of use with nonconforming parking. (3054-11 /90) (a) A multi-family residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion comply with current standards contained in this article. (3054-11 /90) (b) A single, family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this article. (3054-11/90) (c) A nonresidential use with nonconforming parking may be expanded less than fifty (50%) percent of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions greater than fifty (50%) percent of the existing square footage require the site to be in total compliance with the current parking standards contained in this article. (3054-11/90) 9601 Design standards. The design and layout of parking areas shall comply with the following standards: (3054-11/90) 9601 .1 Public works requirements. Drive locations on arterial highways shall be located in"a manner to coordinate with future median openings and in accordance with Department of Public Works standards. The paved surface of driveways and drive entrances- shall comply with Department of Public Works specifications. Parking facilities shall be prepared, graded, and paved to ensure that all surface waters will drain into a public street, alley, storm drain, or other drainage system approved by the Department of Public Works. Aisle ways without adjacent parking shall be a minimum twenty-four (24) feet in width. (3054-11/90) 9601 .2 Circulation design. All off-street parking spaces shall have access to a public street or alley, and shall have internal circulation, safe entrances and exits, drives, and aisles in conformance with City standards. Every required parking space shall have unobstructed access form an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes , shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. (3054-11/90) Commercial centers which have two hundred (200) parking spaces or more shall have at least one main entrance designed as depicted on Diagram B. (3054-11 /90) A minimum three (3) foot by three (3) foot wide maneuvering area shall be provided at the end of dead-end parking aisles less than 150 feet in length. A vehicle turnaround space shall be provided at the end of all dead-end parking aisles which exceed 150 feet in length (measured from the closest intersecting aisle with complete circulation) . The maneuvering area and turnaround space shall be designed as depicted in Diagram D. Other turnaround arrangements providing the same maneuverability are subject to approval by the Director of Community Development. (3054-11/90) 3/93 a � 9601 .3--9601 .6(a) Huntington Beach Ordinance Code 9601 .3 Illumination. All parking area lighting shall be energy efficient and designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours and such lighting shall be on a time-clock or photo-sensor system. (3054-11 /90) 9601 .4 Protection. Fences, walls or buildings adjacent to parking areas or drive aisles shall be protected from vehicle damage, subject to approval by the Director of Community Development. (3054-11 /90) 9601 .5 Stall dimensions. The minimum off-street parking stall dimensions . (in feet) shall be as follows. Striping requirements are depicted in Diagram A. Directional signs and/or pavement markings shall be provided in any facility in which one-way traffic is established. (3054-11/90) Angle Stall Stall Aisle Width** of Parking Width* Depth 1 way 2 way 0 degrees 9 19 (with 8' 12 20 (Parallel) striped maneuvering -- area between every 2 spaces) 30 degrees 9 19 14 20 45 degrees 9 19 15 20 60 degrees 9 19 20 20 90 degrees 9 19 26 26 Residential 9 19 25 25 Non-residential 9 19 26 26 Compact 8 17 subject to S. 9606.3 (3054-11 /90) * NOTE: A parking space on a site with more than five (5) parking spaces and which is adjacent to a wall over twelve (12) inches in height shall be increased in width by three (3) feet. Posts/columns may be permitted along the side of each space only within three (3) feet of the head and foot of each stall . (3054-11/90) ** Minimum twenty-four (24) feet when determined by Fire Department to be a fire lane. (3054-11/90) 9601 .6 Parking Structures. Parking structures above or below grade shall be subject to approval of a conditional use permit by the Planning Commission when no other entitlement is required. In addition to design standards all parking structures shall comply with base district standards as well as the following requirements: (3054-11/90) (a) Transition ramps which are also used as back-up space for parking stalls shall have a maximum slope of five (5) percent. The maximum slope for transition ramps with no adjacent parking spaces shall be ten (10) percent. (3054-11 /90) 3/93 Huntington Beach Ordinance Code 9601 .6(a)--9602.1 A ramp used for ingress and egress to a public street shall have a transition section at least sixteen (16) feet long and a maximum slope of five (5) percent. (3054-11/90) (b) Oarking structures with over three hundred (300) spaces shall provide secondary circulation ramps and additional ingress and egress if deemed necessary by a traffic study prepared by a registered traffic engineer. (3054-11 /90) (c) Parking structures shall be provided with a minimum ten (10) foot wide perimeter landscape planter at ground level . Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings. The Design Review Board shall approve the landscaping plan. (3054-11/90) (d) All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design Review Board prior to hearing. The Design Review Board shall consider the following factors in reviewing a proposal : bulk, scale, proportion, building materials, colors, signage, architectural features, and landscaping. (3054-11/90) (e) All parking structures proposed for conversion to a fee parking arrangement shall be subject to the approval of a conditional use permit. (3054-11 /90) 9602 Number of spaces required. For the purpose of this section, the square footage indicated shall mean the gross floor area of the use unless otherwise indicated. When calculations include any fraction, one (1 ) full parking space shall be required for such fractional space. (3054-11 /90) 9602.1 Handicapped parking. As required by the State of California, handicapped parking shall be provided for all non-residential projects on the basis of total parking provided on-site as follows: (3054-11/90) No. of Spaces No. of Handicapped Spaces 1 - 40 1 40 - 80 2 81 - 120 3 121 - 160 4 161 - 300 5 301 - 400 6 401 - 500 7 over 500 1 for each additional 200 spaces provided. (3054-11 /90) 3/93 9602.2--9602.2 Huntington Beach Ordinance Code 9602.2 Non-residential use. (3054-11/90) Use Parking spaces required A. Auto and machinery service garages 1/200 square feet, but no less than 5 per business Auto, boat, trailer sales and 1 /1000 square feet of indoor/ rental agencies; other outdoor outdoor sales and/or display commercial uses including retail lot area accessible for public nurseries viewing, but no less than 10; plus 1 /300 sq. ft. office area; 1 /200 sq. ft. auto service area B. Bed and breakfast 1 per guest room and 1 owner/manager plus 1 visitor Boat marina .75 per boat slip C. Car wash (1 ) Full-service 10 (2) Self-service 1 .5 per wash stall (3) With fuel sales 12 Churches, theaters, clubs, lodges, 1 per 35 square feet of public social halls, auditoriums, funeral assembly area, or 1 per 3 fixed , homes and mortuaries seats (18 inches shall be 1 seat) whichever is greater F. Food and beverage establishment/ nightclubs with more than twelve (12) seats: (1 ) Separate parcel 1/60 square feet" (2) Within integrated complex 1/100 square feet (3) Ancillary dance floors 1/50 square feet of area devoted to dancing Furniture and appliance stores 1/500 square feet, excluding areas used for storage or loading but no less than 5 H. Hair/nail salons (1 ) Separate parcel 2.5 per chair or station (2) Within integrated complex 1/200 square feet Hospitals 1 .5 per bed Hotels and motels 1 per unit or bedroom, whichever is more restrictive, plus 1 employee space per 10 guest rooms, plus 2 spaces for any manager' s unit, plus spaces required for ancillary uses 3/93 Huntington Beach Ordinance Code 9602.2--9602.2 (continued) 9602.2 Non—residential use. (3054-11/90) (continued) Use Parking spaces required I. Industrial uses (1 ) Speculative buildings 1/500 square feet (maximum 10% office area) (2) Manufacturing, research 1/500 square feet assembly, packaging (3) Wholesaling, warehousing and 141000 square feet distributing space (4) Outside uses: Storage, wrecking/ 1/5000 square feet, but no salvage and lumber yards less than 5 (5) Offices 1 /250 square feet ancillary to industrial uses if square feet exceeds 10 percent of gross floor area. (6) Mini—storage facilities Single story 1/5000 square feet Multistory 1/2000 square feet Plus 2 spaces for any caretaker' s unit M. Medical/dental (includes out patient 1 /175 square feet medical/surgery centers) 0. Office uses, general (1 ) Less than 250,000 square feet 1 /250 square feet (2) Greater than 250,000 square feet 1 /300 square feet R. Retail uses not otherwise specified, 1 /200 square feet including department stores, arcades, gymnasiums and health spas, financial institutions, food and beverage establishments with 12 seats or less S. Schools (1 ) Preschools, nursery, day care 1 per staff member, plus 1 per classroom (2) Elementary, junior high 1 .5 per classroom (3) High school /college 7 per classroom (4) Trade schools, music 1/35 square feet of instruction (� conservatories, personal area \ enrichment services 3/93 9602.2--9602.3 Huntington Beach Ordinance Code 9602.2 Non-residential use. (3054-11 /90) (continued) Use Parking spaces required Service stations (1 ) Full serve/repair garage 1/500 square feet, but no less than 5 (2) Self serve 2 per use (3) With convenience markets 1/200 square feet of retail space but no less than 8 (4) With car wash 12 Single room occupancy/ One half (0.5) space per unit if Living units project is within two thousand (2,000) feet of a public bus stop. One (1 .0) space per unit if project is not within two thousand (2,000) feet of a public bus stop. One (1 .0) space for each resident staff member. One-half (0.5) space for all remaining personnel . Stables 1 per 3 corrals plus 1 horse trailer space for each 10 corrals plus 2 for caretaker' s unit T. Tennis/racquetball courts, 3 per court or alley lane bowling alleys (3054-11 /90, 3111-7/91 ) 9602.3 Residential uses. (3054-11/90, 3179-3/93) Use Parking Spaces Required (1 ) Single-unit dwellings New construction 0-4 bedrooms 2 enclosed and 2 open 5+ bedrooms 3 enclosed and 3 open (open spaces may be behind any required spaces. ) Existing 0-4 bedrooms 2 enclosed and 2 open 5+ bedrooms 2 enclosed and 3 open (open spaces may be behind any required spaces and/or on street adjacent to the property so long as the on street parking is not reserved in any way for residents and/or guests but is available to the general public on a first-come, first-served basis.) 3/93 Huntington Beach Ordinance Code 9602.3(continued)--9603.1 9602.3 Residential uses. (3054-11/90) (Continued) Use Parking Spaces Required In the Oldtown and Townlot 2 spaces for dwelling units with Districts up to 3 bedrooms, and 1 space for each additional bedroom 2 spaces per unit must be enclosed in a garage, and remainder may be open, unenclosed and designed to be behind the garage space One (1 ) additional space per dwelling when no on-street parking is allowed; may be behind required spaces. No on-street parking shall be reserved in any way for residents and/or guests but shall be available to the general public on a first-come, first-serve basis. (3179-3/93) (2) Multi-family bachelor/one bedroom 1 space two bedrooms 2 spaces three + bedrooms 2.5 spaces guest .5 space per unit 1 space per unit must be enclosed (3) Senior studio/one bedroom 1 space 2 bedrooms 1 .5 spaces (2828-5/86) 1 space per unit must be covered (4) Mobilehome 2 spaces 1 shall be covered, the other may be behind the first guest 1 per 3 mobilehomes (5) Rooming house 1 space per guest room plus 1 space per owner/manager plus 1 space per each 10 guest rooms (3054-11 /90) 9603 Residential parking. Residential parking shall comply with the following requirements as well as any additional provisions contained in the regulations of the individual district. (3054-11/90) 9603.1 Coastal parking. Each dwelling unit located in the Coastal Zone shall have a minimum of two (2) on-site parking spaces. If the total coastal parking requirements exceeds the total minimum parking as required by this Article, the additional required parking spaces may be in tandem with enclosed spaces provided the tandem space is assigned to an enclosed space and complies with the required turning radius. (3054-11 /90) 3/93 9603.2--9603.10 Huntington Beach Ordinance Code 9603.2 Private garages and carports. All required private garages and carports, permitted as accessory structures under applicable provisions of this code, shall be constructed at the same time as the main building. (3054-11/90) 9603.3 Turning radius. The minimum turning radius for any garage, carport or open parking space, entered directly from an alley or drive, shall be twenty-five (25) feet as measured to the opposite side of the alley or drive. (3054-11/90) 9603.4 Driveway width. All private driveways or driveway easements shall meet the following minimum driveway width requirements: (3054-11/90) Length of Drive Requirement 150 feet or less Ten (10) feet clear width for single family dwellings Twenty (20) feet clear width for multi-family dwellings Greater than 150 feet Twenty (20) feet clear width Exception: when designated as fire lane, all Fire Department requirements shall apply. (3054-11/90) 9603.5 Access. When a lot abuts an arterial highway and a local street, access to on-site parking shall be from the local street. When a lot abuts an alley, access shall be from the alley unless a different access is approved by the Planning Commission. When a lot abuts two (2) arterial highways or two (2) local streets, access shall be subject to the approval of the Director of Public Works. (3054-11 /90) 9603.6 Open parking. No open parking spaces shall be permitted in any required setback adjacent to a public street except as provided in Article 911 . (3054-11/90) 9603.7 Guest parking. All guest parking shall be fully accessible and designated as such. (3054-11/90) 9603.8 Enclosed parking. Any parking space in the front 50 feet of a lot that has ingress or egress directly from a street shall be in a fully enclosed building equipped with a door to provide for its complete enclosure. (3054-11 /90) 9603.9 Planned residential developments. In a planned residential development where a garage is constructed a minimum of twenty (20) feet from the curb, the driveway in front of the garage may be used to satisfy one of the required uncovered spaces. No more than fifty (50%) percent of driveway spaces may be credited toward this requirement. (3054-11/90) 9603.10 Distribution and assignment. Required parking spaces shall be distributed throughout a planned residential development at convenient locations to serve both residents and guests. Each dwelling unit shall have assigned covered parking within a walking distance of two hundred (200) feet. (3054-11/90) 3/93 0 v Huntington Beach Ordinance Code 9603.11--9605 9603.11 Screening. All required parking spaces or areas, open or enclosed, shall be screened on a horizontal plane. (3054-11/90) 9603 12 Driveway air space. The air space above all driveways which exceed 150 feet in length shall remain open to the sky, except that eaves or roof overhangs with a maximum four (4) foot projection may be permitted above a height of fourteen (14). feet. (3054-11/90) 9603.13 Storage space. When a required residential covered space is located in carport or parking structure, 100 cubic` feet of enclosed .storage space shall be provided in the space. (3054-11/90)` 9604 Nonresidential age rking and loading. Nonresidential parking and loading shall comply with the following requirements as well as any additional provisions contained in the individual district. (3054-11/90) 9604.1 Designated parking. Parking spaces within an integrated non—residential complex shall not be designated for exclusive use of any individual tenant except as authorized by a parking management plan approved by- the Director of Community Development. (3054-11/90) 9604.2 Parking controls. Parking controls, such as gates or booths, and/or collection of fees may be permitted when authorized by a conditional use ` permit approved by the Planning Commission. (3054-11/90) 9604.3 Parking location. Any yard area not facing a street may be used. solely for automobile parking provided such use is not in conflict with other code specifications. (3054-11/90) 9604.4 Driveway width. The minimum width for driveways providing access to the rear of a structure shall be twenty—five (25) feet. (3054-11/90) 9604.5 Loading space. One loading space (minimum fourteen (14) feet in width, twenty (20) feet in length, and fourteen (14) feet in height) for each 20,000 square feet or fraction thereof, of gross floor area; however, not more than three (3) such spaces shall be required for buildings exceeding 60,000 square feet. (3054-11/09) 9604.6 Loading location. Truck or rail loading, dock facilities, and the doors for such facilities shall not face or be located within forty-five (45) feet of property zoned or general planned residential . (3054-11 /90) 9604.7 Loading design. Any loading facility shall be designed and located so that vehicles need not extend onto the public sidewalks, streets or alleys, during loading activities. (3054-11/90) 9604.8 Landscape buffer. Where the side or rear yard of a parcel is used for loading activities and abuts property zoned or general planned for residential uses, a :landscaped buffer along the property line shall be provided. A Landscaping Plan shall be subject to review and approval by the Director of Community Development. (3054-11/90) 9605 Seasonal and temporary parking lots. Seasonal and temporary parking lots may be permitted subject to. the approval of a Use permit by the Zoning 1 Administrator and in compliance with the following: (3054-11 /90) 3/93 A V 9605(a)--9605.1 (f) Huntington Beach Ordinance Code (a) Seasonal parking lots may operate only from Memorial Day through the third weekend in September and must be located within one thousand (1 ,000) yards of the mean high tide line of the Pacific Ocean. (3054-11 /90) (b) Temporary and seasonal commercial parking lots may be permitted for a maximum of five (5) years. (3054-11 /90) 9605.1 Parking lot standards. The design and layout of seasonal and temporary parking lots shall comply with this article, Fire Department requirements, and the following standards: (3054=11 /90) (a) Paving shall be two (2) inches of asphalt over compacted native soil , or as approved by the' Department of Community Development; except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehicles and to provide dust control as required by the Zoning Administrator. (3054-11/90) (b) Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of three (3) feet in height, solidly built. At a minimum, posts shall consist of 4" x 4" wood or equivalent metal posts a minimum of one and one-half inches in diameter securely set in the ground and placed eight (8) feet on center. The posts shall be connected with at least one (1 ) strand of one-half (1/2) .inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. Seasonal lots shall be secured to prevent overnight parking between the closing hour on one (1 ) business day and the opening hour the following business day. (3054-11 /90) (c) Temporary parking lots shall have landscaped planters with an inside dimension of three (3) feet along street side property lines excluding driveways. Landscaping shall be protected from vehicle and pedestrian damage by wheel bumpers (asphalt, concrete, or wood) , or asphalt or concrete curbs, or any other design that will provide adequate protection, approved by Zoning Administrator. All landscaped areas shall be equipped with an underground, electrically automated sprinkler systems. All required landscaping shall be approved by the Department of Public Works i pursuant to standard plans and specifications. (3054-11/90) I r Seasonal parking. lots are exempt from landscaping requirements. (3054-11/90) (d) Directional and informational signs shall be displayed on-site to identify the entrance(s) , fees, and hours of operation. Such signs shall be located at the entrance entering the parking lot and shall not exceed twelve (12) square feet and shall be six (6) feet high. Signs for seasonal parking lots shall be removed from the site each season no later than ''the third weekend in September. (3054-11/90) (e) Automatic entry devices or fee collection points shall be set back a minimum of twenty (20) feet from the public right-of-way, or at a distance recommended by the Department of Public Works and approved by the Zoning Administrator. (3054-11/90) (f) An attendant shall be on duty at all times during business hours of seasonal parking lots. * (3054-11/90) 3/93 a Huntington Beach Ordinance Code 9605. 1 (g)--9606.2 (g) An approved fire extinguisher shall be provided on the premises during business hours. (3054-11/90) (h) The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site to .accommodate and store all trash that accumulates on the lot. (3054-11/90) (i ) For seasonal parking lots, a certificate of insurance for combined single limit bodily injury and/or property damage including products liability in the amount of $1 ,000,000 per occurrence shall be ,filed with the Department of Administrative Services. A hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services. (3054-11/90) 9605.2 Certificate to operate. Subsequent to approval of an application for any seasonal or temporary parking lot by the Zoning Administrator, the applicant shall meet all standards, requirements, and install all improvements. The parking lot shall be then inspected and approved by the Department of Community Development prior to issuance of a Certificate to .Operate. (3054-11/90) 9605.3 Failure to comply. The Zoning Administrator may revoke a Use Permit when the applicant fails to comply substantially with any of the conditions of approval or applicable provisions of the City codes. (3054-11 /90) 9606 - Parking requirement alternatives. (3054-11/90) 9606.1 Joint and mixed uses. In the event that two (2) or more uses occupy the same building, lot or parcel of land, the total requirement for off-street parking shall be the sum of each individual use computed separately except as provided in this section. (3054-11/90) The Planning Commission may grant a reduction in the total number of required spaces as part of the entitlement for the use or uses, or by conditional use permit when no other entitlement is required, when the applicant can demonstrate that the various uses have divergent needs in terms of daytime versus nighttime hours or weekday versus weekend hours. Such joint use approvals shall be subject to the following: (3054-11/90) (a) The maximum distance between the building or use and the nearest point of the parking spaces/facility shall be 250 feet. (3054-11 /90) (b) There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel . (c) Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County' Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first. (3054711 /90) 9606.2 In lieu fees within the Downtown Specific Plan Area. Parking requirements for nonconforming uses or structures, new uses, or expansions may be met by payment of an "in lieu" fee for providing parking in a parking facility. Said fee may be paid in two (2) installments. The first 3/93 r 9606.2--9607 Huntington Beach Ordinance Code in in an amount established by City Council Resolution for each .parking space shall be paid prior to the issuance of building permits or of a certificate of occupancy, whichever comes first. The second installment in an t J amount established by City Council Resolution for each parking space shall be paid at the time City and/or a Parking Authority or District constructs aparking structure in the Downtown Area. A surety bond in a sum equal to the second installment shall be filed with the City at the time the first installment is paid. (3054-11/90) 9606.3 Special errmit. A Special Permit subject 'to ,approval by the Planning Commission or Zoning Administrator through the entitlement process may be granted to deviate from any of the design standards for parking structures. A special permit may be granted to use compact parking to satisfy a portion of the required parking. Compact spaces shall be distributed throughout the parking area and have the same aisle width as full size spaces. Compact spaces shall be marked compact on the foot of the stall . The number permitted shall be subject to the following standards: (3054-11/90) (a) Non—residential developments with a minimum of twenty (20) spaces shall be permitted to have twenty (20%) percent of the total spaces - as compact parking. (3054-11/90) (b) Residential developments with a minimum of fifty (50) units may have twenty (20%) percent of the non—guest parking spaces as compact provided that an equitable system of assignment and distribution has been established. (3054-11/90) The following findings shall be made where applicable when granting a special permit: (3054-11/90) (a) A traffic study prepared by a registered traffic engineer has been submitted which document the impacts of the request. (3054-11 /90) (b) The special permit will not adversely affect the circulation and safety of the use, structure or site, or adjacent land uses. (3054-11/90) (c) The special permit will result in a more effective and efficient circulation pattern and parking layout. (3054-11/90) (d) The special permit will enhance the general appearance of the development and its surroundings. (3054-11/90) (e) The special permit will not be detrimental to the general public health, safety, welfare, or convenience, nor injurious to property values in the vicinity. (3054-11/90) 9607 Screening and landscaping. The provisions of this section shall apply to all projects unless exempt by approval of the Director or specified elsewhere in the Ordinance Code. All landscaping plans and irrigation plans shall be prepared by a California State Licensed Landscape Architect except plans for residential projects with four (4) units or less may be prepared by the d.eveloper or a California Licensed Landscape Contractor and shall be subject to the approval of the Departments of Community Development and Public Works. Planting shall be harmonious with the architectural design and site 3/93 0 Huntington Beach Ordinance Code 9607--9607.5 location. All landscaping shall be maintained in a neat, clean, and healthy condition. Maintenance shall include proper pruning, mowing, disease and rodent ,control , weeding, litter removal , fertilizing, watering, and plant replacement as necessary. Water conservation measures and drought-tolerant plant material should be included in all landscape and irrigation plans whenever possible. (3054-11/90) 9607.1 General provisions. A minimum of eight (8%) percent of the total net site area shall be landscaped. For traffic visibility purposes, the maximum height of shrubbery shall be thirty=two (32) inches within any parking area. Turf shall not be installed on grade differential greater than 3: 1 . Trees planted within planters less than ten (10) feet in width or within five (5) feet from a structure or pavement shall be provided with a twenty-four (24) inch deep plastic minimum .060 inch thick polystyrene or polyethylene root barrier manufactured specifically for that purpose. (3054-11 /90) 9607.2 Interior landscaping. One (1) minimum twenty-four (24) inch box tree for every ten (10) parking spaces shall be located throughout the. parking area. (3054-11/90) 9607.3 Front and exterior side yards. A ten (10) foot wide landscaped berm (inside dimension) shall be provided along any streetside property line except at driveway openings. Berming shall be, a minimum of twenty (20) inches in height (Diagram C) . Where grade differential would not permit mounding, alternatives shown in Diagram G may be used. Any planter or screen walls shall be placed behind the landscape area and shall set back five (5) feet from the edge of any alley or driveway. (3054-11 /90) One (1 ) minimum thirty-six (36) inch box tree shall be provided for every forty-five (45) Tinear feet (or fraction thereof) of streetside property line; placement may be clustered. Seventy-five (75%) percent of all shrubs, except those used for ground cover, shall be a minimum five (5) gallon size. Ground cover areas shall be planted with well-rooted cuttings or container stock. Turf areas shall be planted with field-grown established drought-tolerant sod. (3054-11/90) Specimen palm tree may be substituted at a ration of one-half (1/2) foot brown trunk height for one (1 ) inch of box tree inch required. (3054-11 /90) 9607.4 Planter walk areas. Planter areas adjacent to parking spaces shall be provided .with a twelve (12) inch wide by four (4) inch thick "step off" area back of curb for the entire length of planter (Diagram E) or provide four (4) feet square of five (5) feet diameter circular planter surrounded by textured and/or colored concrete (Diagram F) . (3054-11 /90) 9607.5 Irrigation. All landscape areas shall be provided with a permanent underground, electrically automated irrigation systems, designed to provide complete and adequate coverage to sustain and promote healthy plant life. The irrigation system shall not cause water to spray onto or cause water, mud or debris to flow across a public sidewalk. A drip irrigation system shall be used where feasible. Pop-up sprinkler heads shall be required directly adjacent to all pedestrian or vehicular surfaces and located in areas that (� avoid vehicle overhang. (3054-11/90) f 3/93 9607.6--9607.7 Huntington Beach Ordinance Code 9607.6 Curbing. All landscaping shall be protected from vehicular and pedestrian damage by a six .(6) inch high, four (4) inch wide curb of portland cement concrete. Additional protection shall be provided by one (1 ) of the 1 following methods: (3054-11/90) (a) An additional two and one-half (2.5) feet of landscaping consisting of low shrubs or ground cover may be provided between a parking stall and the required landscape area. . The additional landscaping shall not count toward the required percentage of landscaping; This method will allow vehicles to extend over the additional landscape area in conjunction with permitting a reduction in the required length of the parking space from nineteen (19) feet to sixteen and one-half (16.5) feet.. (3054-11 /90) (b) Other alternatives acceptable to the Director. (3054-11 /90) 9607.7 Landscaping requirement exception. Existing developments approved prior to June 7, 1983, shall , at the time of expansion and/or exterior modification, provide six (6%) per cent of the total net site area in landscaping with a minimum six (6) foot wide landscape planter (inside dimension) along any streetside property line. (Diagram C) . (3054-11/90) j Existing developments located adjacent to a landscape and scenic corridor as depicted in the general plan, shall at the time of expansion and/or exterior i modification provide a ten (*1'D) foot wide planter with six (6%) percent of the site landscaped. When the existing use includes outdoor sales or display and requires an additional three (3') foot wide landscape planter pursuant to this code, no exception shall be granted in the required six (6%) percent or ten (10) foot wide (plus three (3) feet) landscape planter. (2828-8/86, 3054-11/90) (Diagrams A. B. C. D. E. F. G) (3054-11/90) i i 3/93 30 ° , 4.5 °& 60 ° PARALLEL PARKING x PARKING 1 � o, V g' �L 19, , 19' r 24" EXTERIOR �9' DIMENSION o 18" INTERIOR DIMENSION i � I 900 PARKING 24" EXTERIOR DIMENSION I 3" STRIP 18" INTERIOR DIMENSION 24' 24' I I i I 9' d 4' 19, DIAGRAM B Commercial Center Main Entrance x For Parking Lots with Over 200 Spaces (Public Works Standard DIAGRAM A Striping Requirements Driveway Plan No.211A & B) PROPERTY MIN. LANDSCAPEAREA 10' INSIDE CURB LINE FACE CURB 20" MIN. HT. SIDEWALK GRADE BUMPER B oe PARKING LOT GRADE REQUIRED DIAGRAM C Required Landscape Planter and Berming PROPERTY LANDSCAPE AREA 6' MINj INSIDE WALL LINE 11 _ FACE 32" MIN. HT. .-20" MIN. HT. BUMPER SIDEWALK GRADE I PARKING LOT GRADE APPROVED MASONRY WALL EXCEPTION FOR EXISTING DEVELOPMENT'S 3054 SEE DIAGRAM 'A' FOR STRIPING DIMENSIONS. i l I �•C— 2.5' I WHEEL STOP I �-19' 2' �26' .4 1 turn- I I around .\ 3' ---m-4 3' space maneuvering—, area 12" step off area JJ :� 1 12"step off area DIAGRAM D 12"step off area DIAGRAM E 0000000 5 ft. dia. 00 0 0 0 0 00000 0000 4 ft. sq. 0000 000 000 00000 0 00 0 00 0 0 00 0 00 00000 0000 0000 000 00 00 DIAGRAM F 3054 4 1} shrub height 32"max. sidewalk ground cover/ �� 2' - 6" overhang allowance turf ` C y� ground cover • o o. -; �� \ , !! curb parking shrub height 32"max. 2' - 6" overhang allowance ground cover Icurb parking ground cover/turf sidewalk NOTE. Turf shall not be installed on slopes steeper than 3:1 DIAGRAM G 3054 4 Huntington Beach Ordinance Code 9630--9630(C) Article 963 UNCLASSIFIED USES (1077-8/64, 1670-10/71 , 1836-6/73, 1852-7/73, 1915-6/749' .1940-10/74., 2313-9/78, 2313-9/78, 2371-6/79, 2556-7/82, 2562-9/82,' 2599-2/83, 2632-8/83, 2729=10/84, 2781-9/85, 2829-5/86, ' 2858-9/86, 2889-12/86, 2957-9/88, 2987-3/89, 3130-3/92) Sections: 9630 Permitted uses 9631 Contractor's storage yards/mulching operations 9632 Landfill disposal sites 9632.1 Landfill disposal sites/definitions 9632.2 Operations plan 9632.3 Approval of operations site 9632.4 Hazardous waste sites 9632.5 Operations plan 9632.6 Exemptions 9632.7 Excavation activity prohibited 9633 Wind energy conversion systems 9634 Child day care facilities 9634:1 Small family day care homes 9634.2 Large family day care homes 9634.3 Day care centers 9635 Bed and breakfast 9636 Alcoholic beverage sales 9637 Density bonus and other incentives for the provision of affordable housing for qualifying residents, lower income and very low income households 9637. 1 Definitions 9637.2 Target rents/mortgage payments 9637.3 Affordability requirements 9637.4 Procedure 9637.5 Required findings for approval 9630 Permitted uses. The following list includes uses that possess characteristics of such unique and s.pecial form as to make impractical their automatic inclusion as a permitted use in any district. The location and operation of such uses shall be subject to approval of a conditional use permit by the Planning Commission in compliance with base district development standards, any additional provisions included herein, and any more restrictive requirements imposed as conditions of approval . Uses marked with an asterisk shall not be permitted in any residential district. (2957-9/88) A. *Airports and heliports B. Bed and Breakfast Inns pursuant to S. 9635 i C. Child Day Care Facilities pursuant to S. 9634 . Churches (minimum of 10 percent of parking area shall be landscaped) Colleges, universities,, elementary and secondary private or public schools. (Minimum 10% of parking area shall be landscaped) 3/92 a r 9630C--963OR Huntington Beach Ordinance Code *Contractor' s storage yards pursuant to Section 9631 *Convalescent hospitals and sanitariums *Commercial recreation .and amusement enterprises, ,including bowling alleys and skating rinks D. Density Bonus for residential projects (must have more than five (5) permitted units) G. *Golf driving ranges; miniature golf courses H. *Health clubs over 2,500 square feet Horticulture as defined in Article 908 and except as provided elsewhere in this code Hospitals K. *Kennels, animal hospitals or clinics _ L. Land Disposal Sites, except prohibited in Sl district, pursuant to S. 9632 M. *Medical or Dental Clinics over 2,500 square feet *Mulching operations pursuant to section 9631 Museums 0. *Open air or drive—in theaters P. Parking lots as primary use or parking structures *Post Offices *Private clubs and lodges *Personal Enrichment Services over 2500 square feet Private recreation areas or other uses for exclusive use of homeowners Public utility substations of less than one acre., excluding switchyards R. *Radio or television transmitters (commercial ) *Recreational vehicle parks subject to locational criteria adopted by resolution I *Rest homes Retail nurseries (conditional use permit not required if in a commercial district) Rooming or boarding houses, except in low—density residential districts 3/92 Huntington Beach Ordinance Code 9630T--9632.2(a) T. *Trans-portation terminals U. Utility facilities, public or private, including but not limited to wastewater treatment plants, power generating plants, and: pump stations W. Wind energy conversion systems pursuant to section .9633. (1852-7/73, 1940-10/74, 2313-9/78, 2371-6/79, 2562-9/82, 2599-2/83, 2729-10/84, 2781-9/85, 2829-5/86, 2858-9/86, 2889-12/85, 2957-9/88) 9631 Contractor's storage yards/Mulching operations. 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 Article 960. (2729-10/84, 2858-9/86, 2957-9/88) 9632 Landfill disposal sites. Excavation of landfills or land disposal sites shall be subject to the requirements of this article. These provisions are not intended to apply to grading and surcharging operations, permitted under Appendix Chapter 70 of the Uniform Building Code. Permits for grading on previously approved development projects shall be subject to approval of the Director. (2858-9/86, 2781-9/85, 2957-9/88) 9632.1 Land disposal site/Definitions. The following words and phrases shall be construed as defined herein unless a different meaning is apparent from the context: (a) Excavation. Any activity and/or_ movement of material which exposes waste to the atmosphere. (b) 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. (2858-9/86, 2781-9/85) 9632.2 Operations plan. (a) 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.,' 3/92 y 9630.2(b)--9632.5(b) Huntington Beach Ordinance Code (b) 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. (c) Ambient air quality monitoring, .as well as other monitoring or .t.esting deemed reasonably necessary, shall be included in the operations plan. (2858-9/86, 2781-9/85) 9632.3 Approval of operations plan (a) 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. (b) 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' implemen.ted immediately. (2858-9/86, 2781-9/85) 9632.4 Hazardous waste sites For any land disposal site determined to be a hazardous waste site by the State Department of Health Services and/or the City of Huntington Beach, the following additional measures shall b e taken prior to excavation of such site: (a) 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. (b) A type of bond, acceptable to the City Attorney, shall be posted by the operator/applicant insuring that necessary funds are available to restore the site to a safe condition if excavation is prematurely terminated. (c) 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. (2858-9/86, 2781-9/85) 9632.5 Operations plan. The operations plan shall contain the following: (a) A plan establishing lines of authority and responsibility between public agencies and the operator/applicant, or his agents, during excavation. The plan shall contain specific procedures to be followed by, all responsible parties involved with the excavation. (b) A plan containing specific measures to monitor air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site. If deemed necessary by the State Department of Health Services, the plan shall also include specific measures for evacuation of residents in the vicinity of {� the site. 3/92 Huntington Beach Ordi.nance Code 9632.5(c)--9633(b) (c) A plan showing specific routes for vehicles transporting hazardous wastes from the site. (d) A plan containing specific steps for restoration of the; s.ite to a safe condition if excavation is terminated prematurely. (2858=9/86, 278179/85) 9632.6 Exemptions. The following activities shall be exempt from the requirements of this article unless otherwise determined by the Director: (a) The drilling of holes up to twenty—four (24) inches in diameter for telephone or power transmission poles or their footings. (b) The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems. (c) 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. (2781-9/85, 2858-9/86, 2957-9/88) 9632.7 Excavation activity prohibited. (a) 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. (b) Compliance with the provisions of this article shall not exempt any person from failing to comply with the requirements of the California Health and Safety Code, and any other applicable codes, rules or regulations. (2858-9/86, 2781-9/85) 9633 Wind energy conversion systems Wind energy conversion systems shall be subject to the following requirements: (a) Wind energy conversion systems (WECS) shall be located within the rear two—thirds (2/3) of a lot and shall comply with any setback requirements in the .base district. WECS within residential districts shall be designed and engineered to eliminate guy wires, shall have a base a maximum of four (4) square feet in area, and shall not encroach into required open space. For WECS within a commercial or industrial district, the minimum rear yard setback shall be twenty (20) feet if adjacent to residentially zoned property. The design of any WECS shall not create noise, strobing effect, or similar nuisances that may be detrimental to the immediate area. If the Director determines that a nuisance will be created, he shall designate in writing steps or procedures that must be taken by the property owner or operator to abate the potential nuisance., (b) The height of the highest point of the WECS shall not exceed sixty (60) feet from adjacent grade. The lowest portion of the blades shall be no less than fifteen (15) feet from, grade. 3/92 C � i 9633(c)--9634.2 'Huntington Beach Ordinance Code (c) Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. The application must include a statement by a California registered professional engineer (subject to approval bj . the Director), certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices . The engineer should certify the structural compatibility of,-- the proposed tower and the rotors. (d) The WECS shall, be operated such that no disruptive electromagnetic interference is caused. If the Director determines that the system is causing harmful interference, the operator shall promptly mitigate the harmful interference upon written notification, to the satisfaction' of. the Director. (e) For WECS which will be interconnected to a utility grid, no wind turbine shall be installed until the utility company has approved such in-stallafl on in writing. A copy of such approval shall be submitted to the Director prior to installation of the wind turbine. The utility company shall be notified of the installation of any WECS whether or not the property owner or operator intends to connect the system to A utility grid. (f) If a WECS is not maintained in operational condition and poses a potential safety hazard (as determined by the Director) , the owner or operator shall take expeditious action to remedy the situation* The City may y ( 1 j abate any such hazardous situation and pass the cost of such abatement on 'to the owner or operator of the system. If the City determines that the system has been abandoned and poses a safety hazard, such system shall be removed by the owner or operator of the system within thirty (30) days of receipt of written notice. (g) The permittee shall submit 'an annual statement by a California registered engineer, stating that the system, including base and blades, is in sound working condition and does not pose a hazard to the public health, .safety or welfare. (h) The Planning Commission ,may impose further requirements as deemed necessary due to special or unusual circumstances of the location or proposed installation. (2858-9/86, 2632-8/835' 9634 Child Day Care Facilities. Child day care facilities which provide nonmedical care to children under 18 years of age on less than a 24—hour basis include family day care homes and day care centers. (2957-9/88) 9634.1 Small Family Day Care Homes. A single family residence in which care is provided to six or fewer children shall be considered a permitted, use and shall comply with Orange County social services requirements. <2957-9/88) 9634.2' ' Large Family Day Care Homes. A single family residence in which care is provided to 7 to 12 children shall be subject to the following provisions: (2957-9/88) 3/92 Y 1 Huntington Beach Ordinance Code 9634.2(a)--9634.3(d) (a) Seventy-five (75) square feet of outdoor play area per child. Thirty-five. (35) square feet of indoor play area per child. Outdoor play area shall be grassed and enclosed by a six (6) foot high masonry wall . Any entry gate shall be securely fastened. (b) The total enrollment for the family day care home shall .conform to state law. (c) The applicant shall submit clearance from the fire department and a copy, of the Orange County social services license, prior to 'the operation of the family day care home. (d) Such facility shall not be located closer than six hundred (600) feet 'to. another large family day care home. (e) Garages shall not be used as a designated play area or used in .calculating minimum square footage in a family day care home. (f) Loading and unloading of children from vehicles shall only be permitted on the driveway, approved parking area or directly in front of the facility. (g) The family day care home`shall comply with all applicable requirements of Chapter 8.40, noise control of the municipal code. (h) The Planning Commission reserves the right to revoke the approval of a family day care home if a violation of the conditions of approval occurs. All revocation proceedings shall be preceded by a public hearing. (i ) Approvals for family day care homes are nontransferable and the dwelling unit shall be owner occupied. (j) A minimum of two (2) on-site parking spaces shall be provided in addition to the two (2) required fully enclosed, parking spaces. (1077-8/64, 1670-10/71 , 1836-6/73, 1915-6/74, 1940-10/74, 2113-10/76, 2313-9/78, 2556-7/82, 2889-12/86, 2957-9/88) 9634.3 Day Care Centers. Day care centers including infant centers, preschools, and extended day care facilities shall be subject to the following provisions: (a) Seventy-five (75) square feet of outdoor play area per child. Thirty-five (35) square feet of indoor play area per child. Outdoor play areas shall be grassed and enclosed by a minimum six foot high fence. Fencing may be required to be masonry as determined by the Planning Commission. Any gate entry shall be securely fastened. (2957-9/88) (b) Minimum ten (10%) percent of the parking area shall be landscaped. " (c) The total enrollment for the day care center shall . be established by the Planning Commission. (d) Fire department clearance shall- be obtained prior to the operation of the day care center. 3/92 I c r' 9634.3(e)--9635(f) Huntington Beach Ordinance Code (e) Hours of operation shall be established by the Planning Commission. (f) The applicant shall submit a copy of the Orange County social services license prior to the operation of the day care center. (g) The applicant shall obtain a business license prior to the operation of the day care center. (h) Off-street parking for day care centers shall be one parking space per, staff member plus one per classroom. (2957-9/88) (i ) Loading and unloading of children shall only be permitted from approved parking areas. (j) Children attending the day care centers shall be restricted to designated play areas only, unless supervised by an adult. (k) The day care center shall comply with all applicable requirements of Chapter 8.40, noise control of the municipal code. (1 ) The Planning Commission reserves the right to revoke the approval of a.day care center if a violation of the conditions of approval occurs. All revocation proceedings shall be preceded by a public hearing: (1077-8/64, 1670-10/71 , 183676/73, 1915-6/74, 1940-10/74, 2113-11/76, ! 2313-9/78, 2556-7/82, 2632-8/83, 2889-12/86,) 9635 Bed and Breakfast Inns Bed and breakfast inns are subject -to the following provisions: (2957-9/88) (a) The use shall be located in a building of residential design having a minimum of 2,000 square feet of residential floor area which has no less than 3 and no more than 6 lodging rooms and one common room available for social interaction and serving of breakfast meal . (2957-9/88) (b) An owner, manager, proprietor or caretaker shall reside on the subject site at all times. (2957-9/88) (c) No cooking facilities shall be permitted in any guest rooms. (2957-9/88) . (d) No meals shall be served to guests other than breakfast. Said breakfast, if served, shall be served only to registered overnight guests. (2957-9/88) (e) No guest shall be permitted to rent accommodations or remain in occupancy for a period in excess of fourteen (14) days during any consecutive ninety (90) day period. (2957-9/88) (f) The use'may be permitted in any single-family residence in any zone deemed by the City to be of architectural or historical significance and in. compliance with the Uniform Building Codes as adopted by the City. (2957-9/88) 3/92 Huntington Beach Ordinance Code 9635(g)--9636.10)(4) f(g) Parking shall be one enclosed space for owner/manager.; one space for each guest room used for sleeping purposes; and one space for visitor parking. (2957-9/88) (h) Signage shall be limited to either one wall sign not more than two (2) square feet in area, or one freestanding sign not more than two (2) square feet in area and not more than 3.5 (three and one-half) feet in height. Sign wording shall be limited to identifying the name and address of the facility. (2957-9/88) (i ) Prior to application, an applicant shall pay the required fee and request an inspection of the property by the Building Official to determine compliance with current building and zoning codes. The Building Official shall file a written report indicating, if necessary, the nature and amount of work required to have the subject 'site and structure comply with current codes. (2957-9/88) Q) Prior to commencing the use, a business license and certificate of occupancy shall be obtained. (2957-9/88) 9636 Alcoholic Beverage Sales. A conditional use permit shall be required for any business proposing to- sell alcoholic beverages for on-site or off-site consumption. 9636.1 Exceptions. The following uses are exempt from the conditional use permit process. (2987-3/89) (a) Retail markets which have 20,000 square feet or more of floor area and no more than 10% (ten) of the floor area devoted to sales, display, and storage of alcoholic beverages. (2987-3/89) (b) Retail markets with less than 20,000 square feet of floor area, restaurants, bars, and liquor stores which satisfy the following requirements: (2987-3/89) (1 ) The subject property shall be located a minimum 300 (three hundred) feet from any residence, school., church, or public use, i .e. park, hospital , boys/girls club; (2987-3/89) (2) The restaurant shall be licensed by the State of California as a bona fide eating establishment; contain a fully equipped and permanently maintained kitchen; have a bar or lounge area with less floor area than the dining area; and no separate outside entrance to .the bar or lounge area; (2987-3/89) (3) Retail markets with less than 20,000 square feet of floor area shall have no signs advertising the sale of alcoholic beverages directed toward persons outside of the ,building and no more than 10 % (ten) of the floor area devoted to sales, display and storage .of alcoholic beverages. (2987-3/89) (4) The sale of market goods shall not be carried on in conjunction with the sale of gasoline or other motor vehicle fuel . (2-987-3/89) 3/92 c ` Huntington Beach Ordinance Code 9636.1 (c)--9637.1(b)(6) -(c) Florists shops offering the sale of a bottle of an alcoholic beverage p 9 _ together with a floral arrangement. (2987-3/89) (c) Temporary Outdoor Events pursuant to section 9731 .64. (2987-3/89) 9637 Density bonus and other incentives for the provision of affordable housing for qualifying residents. lower income- an6 very low income households. For the purpose of providing affordable housing, a developer' of a residential property which is zoned and general planned to allow five (5)' or more dwelling units may request a density bonus and/or other incentive through a conditional use permit subject to the provisions contained in' this section. Density bonus requests pursuant to the provislions contained within this article shall not be denied unless the project is denied in its entirety. (3130-3/92) 9637.1 Definitions. (3130-3/92) (a) "Density Bonus" for the purposes of this article, means an increase in the proposed number of units of twenty-five (25%) percent or greater over the number permitted pursuant to the current zoning and general, plan. , designation on the property. (3130-3/92) b (b) "Other Incentives" are policies, programs or actions taken by the City designed to ensure that the development will. be produced at a lower cost. They include, but are not limited to the following: (31,30-3/92) (11 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 openspace requirements. (3130-31/92) (2) 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. ' (3130-3/92) (3) A reduction in development and/or processing fees. (3130-3/92) (4) Other regulatory incentives or concessions proposed by the developer or the City whi& result in identifiable cost reductions. (3130-3/92) (5) Financial assistance by the City, i .e. , housing set-aside funds. (3130-3/92) (6) Other incentives mutually agreeable to the City and developers consistent with all City, State and Federal laws, rules, standards, regulations and policies. (3130-3/92) i (c) "Moderate income household" A household shall be classified as "moderate income" if annual income is at or below one hundred twenty (120%) percent of Orange.County median income as defined by the State of California Department of Housing and Community Development. (3130-3/92) 3/92 b Huntington Beach Ordinance Code 9637. 1 (d)--9637.3(a) (d) "Lower income household" 'A household shall; be classified as "lower income" if annual income is at or below eighty (80%) percent of Orange County median income as defined by the State of Californ,mie Department of Housing and Community Development. (3130-3/92) (e) "Very low income household" A household shall be classified as "very low income" if annual income is at or below fifty ,(501.) percent of Orange County median income as defined by the State of Californmie .Department of Housing and Community Development. (3130-3/92) d (f) "Oualifying Senior Resident" A person shall be classified as a "qualifying senior resident" if .he or she is 62 years of age or older. (Section 51 .2 of the California Civil Code.) (3130-3/92) 9637.2 Target rents/mortgage payments. (3130-3/92) (a) For the purposes of this article, units .designated for moderate income household ..shall be affordable at a rent or. mortgage payment that does not exceed twenty-five (25%) percent of the gross family income. (3130-3/92) (b) For the purpose of this article, units designated for lower income households shall be affordable at a rent or mortgage payment that does not exceed thirty (30%) of sixty (60%) percent of the Orange County median income as defined by the State of California Department of Housing and Community Development. (3130-3/92) (c) For the purpose of this article, those units designated for very low income households shall be affordable at a rent or mortgage payment that does not exceed thirty (30%) percent of fifty (50%) percent of. the. Orange County median income as defined by the State of California Department of Housing and Community Development. (3130-3/92) 9637.3 Affordability requirements. (3130-3/92) (a) 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: (3130-3/92) (1 ) Provide at least twenty (20%) percent of the total units of the housing development for lower -income households; or (3130-3/92) (2) Provide at least ten (10%) percent of the total units of the housing development for 'very low income households;. or (3130-3/92) (3) Provide at least fifty (50%) percent of the total units of the housing development for qualifying (senior) residents. (3130-3/92) 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. (3130-3/92) If a developer is granted a density bonus in excess of twenty-five (25%) percent, those additional units above the twenty-five (25%) percent may be required to be maintained affordable for "moderate income" households. (3130-3/92) 3/92 d r 9637.3(b)--9637.3(e)2 Huntington Beach Ordinance Code (b) 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 article 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; (c) 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; (3130-3/92) (d) 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: (3130-3/92) (1 ) The" number of and duration of the affordability for the° affordable I units. (3130-3/92) (2) The method in which the developer and the City are to monitor the affordability of the subject affordable. units and the eligibilityof ` f the tenants or owners of those units over the period of the agreement; (3130-3/92) (3) The method in which vacancies will be marketed and filled; (3130-3/92) (4) A description of the location and unit type (bedrooms. floor area, etc. ) of the affordable units within the project; and (3130-3/92) (5) Standards for maximum qualifying household incomes and standards for maximum rents or sales prices. (3130-3/92) (e) Pursuant to this article the City shall : (3130-3/92) (1 ) grant a density bonus and at least one of the concessions or incentives identified in section 9637. 1 (b) 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 (3130-3/92) (2) provide other incentives of equal value to a density bonus as provided in Section 65915, et seq. of the California Government Code. The value of the other incentives shall be based on the land cost per dwelling unit. (3130-3/92) 3/92 a Huntington Beach Ordinance Code 9637.4--9637.4(d) . 9637.4 Procedure. (3130-3/92) (a) 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: (3130-3/92) (1 ) 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; (3130-3/92) (2) A calculation of the density bonus allowed pursuant to California Government Code Section 65915.5(b) , which is an increase in units of at least twenty-five (25%) percent over the number of units permitted under existing zoning and general plan designation; (3130-3/92) (3) In the case that the developer requests the City to modify development standards as an other 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. (3130-3/92) (4) 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. (3130-3/92) (b) All subsequent City review of and action on the applicant' s proposal for a density bonus and/or consideration of any requested other incentives shall occur in a manner concurrent with the processing of the conditional use permit and any other required entitlements, if any. If the developer proposes that the project not be subject to impact fees or other fees regularly imposed on a development of the same type, final approval will be by the City Council . (3130-3/92) (c) The Planning Commission/City Council shall review the subject Affordability Agreement concurrently with the development proposal . No project shall be deemed approved until the Affordability Agreement has been approved by the appropriate reviewing body. (3130-3/92) (d) 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 article, of providing affordable housing for qualifying residents, lower or very low income households in residential projects. (3130-3/92) 3/92 9637.4(e)--9637.5(b)5 Huntington Beach Ordinance Code (e) 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. (3130-3/92) 9673.5 Required findings for approval . (3130-3/92) ' (a) Density bonus. In granting a conditional use permit for a density,bonus, the Planning Commission/City Council shall make all of the following findings: (3130-3/92) (1 ) 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. (3130-3/92) (2) 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. (3130-3/92) - (3) The proposed project which includes a density bonus is compatible with the physical character of the surrounding area. . (3130-3/92) (4) The proposed project which includes a density bonus is consistent with the overall intent of the General Plan. (3130-3/92) (b) 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. (3130=3/92) In granting any other incentives as defined in this article, *the Planning Commission/City Council shall be required to make all of the following findings: (3130-3/92) (1 ) The granting of the proposed other incentive(s) will not have an adverse impact on the physical character of the surrounding area. (3130-3/92) (2) The granting of the proposed other incentive(s) is consistent with the overall intent of the General Plan. (3130-3/92) (3) 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. (3130-3/92) (4) The. granting of the proposed other incentive(s) will not be injurious to property or improvements in the vicinity. (3130-3/92) (5) The granting of the proposed other incentive(s) will not impose an �1 undue financial hardship on the City. (3130-3/92) 3/92 a ti Huntington Beach Ordinance Code 9637.5(b)6 , (6) If the other incentive i's 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. (3130-3/92) 3/92 7 } Huntington Beach Ordinance Code 9080 y� /9 Article 908 DEFINITIONS (495-6/46, 556-2/50, 596-5/53, 1103-1 /65, 1241-9/66, 1261-11/66, 1366-1/68, 1469-3/69, 1566-5/70, 1672-10/71 , 1673-12/71 , 1752-10/72, 1753-7/72, 1769-9/72, 1799-1/73, 1852-7/73, 1928-9/74, 2115-11/76, 2127-12/76, 2217-10/77, 2221-11/77, 2273-5/78, 2340-2/79, 2429-6/80, 2487-6/81 , 2539-3/82, 2588-1/83, 2618-6/83, 2632-8/83, 2772-7/85, 2773-7/85, 2780-9/85,, 2936-4/86, 2941-7/88, 2836-6/86, 2957-9/88, 3024-12/89, 3108-7/91 , 3152-7/92, 3224-2/94) Sections: 9080 Definitions A Accessory building Accessory use Adult business Alley Animal clinic Antenna, satellite dish Apartment Architectural projections or Appurtenances Arterial Attached units Auction Automobile/vehicle repair Automobile storage or parking space Automobile storage yard Automobile wrecking B Basement Bed and Breakfast Inn Bedroom Block Boarding or rooming house Building Building height Building, site Building, main Business or commerce C Child day care facility Carport Church City Clinic Club Commercial recreation use Commercial vehicle Commission Compensation Community apartment project Condominium Convenience Market D Density bonus ` Director Disposal service operation 2/94 r , < s 9080 Huntington Beach Ordinance Code District Dry cleaning agency Dwelling Dwelling, multiple unit Dwelling, single unit Dwelling, Second Unit Dwelling, Studio Unit Dwelling unit E Educational institution Erected Equestrian Equine F Family Fast Food Restaurant Final approval Final environmental evaluation G Game arcade Garage, private General plan Grade Gross acreage Gross floor area Gross site area H Health club Hedge Home occupation Horticulture Hospital Hostel Hotel I Indoor Swap Meet/Flea Market Industrial use J Junk, wrecking, dismantling or salvage yards K Kennel Kitchen L Landscaping Laundry Line of sight Liquor store Living Unit Loading space Local street Lot Lot area Lot depth Lot frontage Lot line Lot line, front Lot line, interior Lot line, rear Lot, reverse corner Lot, through Lot, Width M Mobilehome/manufactured home Mobilehome accessory structure 2/94 4 n Huntington Beach Ordinance Code 9080 Mobilehome lot or space Mobilehome park Model Home Motel Motor vehicle Maximum wind energy conversion system height N Net site area Nonconforming building Nonconforming parcel Nonconforming use Nontransferable conditional use permit 0 Occupancy, change of Occupied Open or public land Open space Oversize vehicles Overspeed control P Parking structure Person Personal Enrichment Services Permanent open space Place of public assembly Planned residential development Private street R Recreational vehicle park Recreational vehicle Recreation space C Rental unit Residence Restaurant Retail store Retaining wall S Senior citizen housing Service station Service station, idle School Setback line, front yard Setback line, side or rear yard Single Room Occupancy (SRO) Site Site coverage Site plan Stable, commercial Stock cooperative Story Street Street line Structure Structural alteration Structure, temporary T Temporary outdoor event U Ultimate right-of-way Use W Wall or fence 2/94 R , a T 9080--Arterial Huntington Beach Ordinance Code Warehouse Waterfront lot , Wet bar Wholesale use Wind energy conversion system Y Yard Yard, front Yard, rear Yard, side Z Zone Zoning district maps 9080 Definitions. Words and phrases wherever used in this division shall be construed as defined in this article unless the content clearly indicates otherwise. When not inconsistent with the context, words used in the present tense include the future tense; words used in the singular number include the plural number; and words of the masculine gender include the feminine and neuter gender. The word "shall " is always mandatory and the word "may" is permissive. (2836-6/86) A. Accessory building. A detached building on the same site as a main building, the use of which is incidental to that of the main building, and which is used exclusively by the occupants of the main building. (2836-6/86) Accessory use. A use customarily incidental and accessory to the principal use of a lot or a building located upon the same site. (2836-6/86) Adult business. A business as defined in Article 975. (2836-6/86) Alley. A public or private thoroughfare, permanently reserved which affords a secondary means of access to abutting property. (2836-6/86) Animal clinic. A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Kennel uses shall be incidental to such hospital use and limited to short-time boarding for medical purposes. (2836-6/86) Antenna, satellite dish. An apparatus capable of receiving communications from a transmitter or transmitter relay located in planetary orbit. (2836-6/86) Apartment. A room or suite of two (2) or more rooms in a multiple family dwelling occupied or suitable as a residence for one (1 ) family. (2386-6/86) Architectural projections or appurtenances. Features on buildings which provide visual variation and/or relief but do not serve as interior or exterior living or working space. (3024-12/89) Arterial . Any street, highway or road designed as an arterial in the ' general plan circulation element. (2836-6/86) 2/94 r { p Huntington Beach Ordinance Code Attached Units--Bedroom ,y . Attached units. Separate residential or commercial units sharing one or more common walls but with no common interior space. (2836-6/86) Auction. The sale of new and used merchandise offered to bidders by an auctioneer for compensation. (2836-6/86) Automobile/vehicle repair. A retail and service business engaged in the following activities: (3024-12/89) (a) Minor repair. Light repair and sale of goods and services for vehicles including brake, muffler, tire shops, oil and lube and their accessory uses, but not including any of the activities listed below as major repair. (3024-12/89) (b) Major repair: Heavy automotive/vehicle repair including but not limited to transmission, battery, radiator, and engine repair or overhaul ; welding; turning brake drums; steam cleaning, body and fender work; painting; and upholstery. (2836-6/86, 3024-12/89) Automobile storage space or parking space. A permanently maintained, privately-owned space on the same site as the use it is intended to serve and located and arranged to permit the readily accessible temporary storage of an average size automobile under its own power. Such space shall be exclusive of driveways, walks , ramps and columns. (2836-6/86) Automobile storage yard. A storage yard for motor vehicles whether .� impounded or not on any portion of a lot. This definition shall not include any dismantling, wrecking or repair of any vehicle. (2836-6/86) Automobile wrecking. The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts outside of an enclosed building, but not including the incidental storage of vehicles in connection with a repair shop provided the storage period of any one vehicle does not exceed sixty (60) days. (2836-6/86) B. Basement. A story partly underground and having at least one-half its height below the average adjoining grade as measured from the floor to the finished ceiling. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its finished ceiling is over five (5) feet. (2836-6/86) Bed and Breakfast Inn. A residential dwelling in which rooms are rented to paying guests on an overnight basis with breakfast served daily, the entire service to be for one stated price for a total period of time not to exceed 14 days during any consecutive 90-day period. Bed and Breakfast Inn does not include rest homes, convalescent homes, hotels, motels or boarding houses. (2957-9/88) Bedroom. Any room which meets the minimum requirements of the building code for a habitable room, which is constructed in such a manner that less than 50 percent of one wall is open to an adjacent room or hallway and which can be readily used for private sleeping purposes shall be counted as a bedroom in order to determine the parking areas or other 2/94 ' R o T Bedroom--Child day care facility(b) Huntington Beach Ordinance Code requirements. Exceptions to this definition shall be those rooms which regularly make up a standard dwelling unit such as one kitchen, living, family or recreation room and dining room, and the customary sanitary facilities. (2836-6/86) Block. The real property abutting the side of a street between two consecutive cross streets or between a city limit line and the nearest cross street. (2836-6/86) Boarding or rooming house. A building where lodging and meals are provided for a minimum of six (6) , but not more than fifteen (15) persons, not including rest homes. (2836-6/86) Building. Any structure that is completely roofed and enclosed on all sides or supported by columns and which is built and maintained for the support, shelter, or enclosure of persons, animals , chattels, or property of any kind. (2836-6/86) Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to a deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: (3152-7/92) (1 ) The elevation of the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance of the exterior wall of the building when such a sidewalk or ground surface is not more than four (4) feet above the lowest grade. (3152-7/92) (2) An elevation four (4) feet higher than the lowest grade when the sidewalk or ground surface described in (1 ) above is more than four (4) feet above lowest grade. (2836-6/86, 2846-8/86, 3152-7/92) For the Single Family Residential District (R1 ) only, building height shall be as defined in Section 9110.4. (3152-7/92) Building_ sit e. The ground area occupied or to be occupied by a building together with all yards and open spaces adjacent thereto. (2836-6/86) Building, main. A building in which the principal use of the lot is conducted. In a residential district, any dwelling shall be deemed to be a main building. (2836-6/86) Business or commerce. The purchase, sale, or other transaction involving the handling or disposition of any article, substance, or commodity for profit or livelihood; or the ownership or management of offices, recreational or amusement enterprises; or the maintenance and use of office by professions and service trades. (2836-6/86) Child day care facility. A facility which provides nonmedical care to children under eighteen (18) years of age in need of supervision on less than twenty-four (24) hour basis. Child day care facilities include: (3024-12/89) (a) Small Family Day Care Home. A single family residence in which .care is provided to six (6) or fewer children. (3024-12/89) 2/94 F Huntington Beach Ordinance Code Child day care facility--Convenience market ., (b) Large Family Day Care Home. A single family residence in which care is provided to seven (7) to twelve (12) children. (3024-12/89) (c) Day Care Center. Any child day care facility other than family day care home and includes infant centers, preschools, extended day care facilities. (3024-12/89) Carport. A permanent roofed accessory structure with not more than two (2) enclosed sides which is intended for automobile storage for the occupants of the premises. (2836-6/86) Church. A permanently located building commonly used for religious worship and conforming to applicable requirements for design and construction. (2836-6/86) City. The city of Huntington Beach, California. (2836-6/86) Clinic. A place used for the care, diagnosis and treatment of sick, infirm or injured persons and those in need of medical or surgical attention, but which does not provide room and board or permit persons to stay on the premises overnight. (2836-6/86) Club. A nonprofit association for persons who are bona fide members, and pay regular dues, which is organized for some common purpose, but not including a group primarily organized to provide a commercial service or enterprise. (2836-6/86) Commercial recreation use. Any recreational facility operated as a business and open to the general public. (2836-6/86) Commercial vehicle. Any motorized or non-motorized vehicle used or maintained to transport property for profit, or persons for hire or compensation. (2836-6/86) Commission. The Huntington Beach Planning Commission. (2836-6/86) Compensation. The word "compensation" means anything of value. (2836-6/86) Community apartment project. A project in which an individual interest in the land is coupled with the right exclusively to occupy an individual unit. (2836-6/86) Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential , commercial , or industrial building on such real property, such as an apartment, office or store. A condominium may include a separate interest in other portions of such real property. The duration of the estate may be an estate of inheritance or perpetual estate, an estate for life, or an estate for years such as a leasehold or subleasehold. (2836-6/86) Convenience market. A retail use in conjunction with gasoline sales in which the sales room exceeds two-hundred (200) square feet. (3024-12/89) 2/94 Density Bonus--Erected Huntington Beach Ordinance Code D. Density bonus. A density increase over the otherwise maximum residential density allowable by the zoning code and general plan. A . density bonus may be processed only for a housing development on a lot which is allowed five (5) or more dwelling units prior to a density bonus. (3024-12/89) Director. The Director of Community Development for the city of Huntington Beach or a duly authorized representative. (2836-6/86) Disposal service operation. Any area for the storage and maintenance of vehicles and equipment used in the collection, transportation, and removal of garbage and rubbish, but not including storage or dumping of the garbage and rubbish. (2836-6/86) District. Any classified area shown by specific designation on the zoning maps which are a part of the ordinance code. (2836-6/86) Dry cleaning agency. A commercial use in which the cleaning of clothes is incidental to a laundry or coin-operated dry cleaning service and which uses nonvolatile materials. (2836-6/86) Dwelling. A building or portion thereof designed and occupied exclusively for residential purposes including single-unit and multiple-unit dwellings, but not including hotels or boarding houses. (2836-6/86, 3024-12/89) Dwelling, multiple unit. A building or buildings designed with two (2) or more dwelling units. (2836-6/86, 3024-12/89) Dwelling, single unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single family dwellings shall be considered as multi-family. (2836-6/86, 3024-12/89) Dwelling, second unit. A fully equipped dwelling unit which is ancillary and subordinate to a principle dwelling unit located on the same lot in the Rl zone. (3024-12/89) Dwelling, studio unit. A dwelling unit consisting of one (1 ) kitchen, one (1 ) bathroom, and one (1 ) combination living room and sleeping room. The gross floor area shall not exceed 500 square feet or it shall be considered as a one bedroom unit. Also known as a single, a bachelor, or an efficiency unit. (3024-12/89) Dwelling Unit. One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. (3024-12/89) E. Educational institution. Any school , college or university providing general instruction as determined by the California State Board of Education. (2836-6/86) Erected. The word "erected" includes built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations required prior to building. (2836-6/86) 2/94 f Huntington Beach Ordinance Code Equestrian--Gross floor area Equestrian. That which pertains to horses or horseback riders . (2836-6/86) Equine. A horse, mule, pony, jackass , and other quadripeds of the genus equus . (2836-6/86) F. Family. Two or more persons living together in a dwelling unit, sharing common cooking facilities, and possessing the character of a relatively permanent single bona fide housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bond of social , economic and psychological commitment to each other, as distinguished from a group occupying a boardinghouse, club, dormitory, fraternity, hotel , lodging house, motel , rehabilitation center, rest home or sorority. (2836-6/86) Fast-food restaurant. Any commercial establishment serving food or drinks which encourages consumption at home or on other premises . (2836-6/86) Final approval . Ten (10) days after approval by the discretionary body and no appeal of that decision has been filed. (3024-12/89) Final environmental evaluation. That point in time prior to the decision on an entitlement for a project where an environmental assessment and a recommended action have been provided to the discretionary body. Dates shall be determined as follows: Exempt projects: Date of application acceptance. Negative declaration: Expiration date of the required posting period. Environmental impact report: The date when public hearings on the project are concluded. (2836-6/86) G. Game arcade. Any place of business with more than four (4) commercially-operated amusement devices. (2836-6/86) Garage, private. An accessory building or a portion of a main building used for the storage of self-propelled vehicles of not more than one-ton rated capacity and other goods owned or operated by the occupants of the main building and where there is no service or storage for compensation. (2836-6/86) General plan. The general plan map and text for Huntington Beach adopted by the City Council . (2836-6/86) Grade. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project by this code, includes natural grade. (3024-12/89) Gross acreage. The area computed within all of the exterior property lines of a proposed development including the area to the center line of any abutting streets. (2836-6/86) Gross floor area. The total area of each floor within the building exterior walls. (3024-12/89) 2/94 a a , i Gross site area--Laundry Huntington Beach Ordinance Code Gross site area. The area computed within the lot lines of a parcel of land before public streets, easements, or other areas to be dedicated or reserved for public use have been deducted. (2836-6/86) H. Health club. A commercial or private health center providing opportunities for recreational and physical fitness activities such as, but not limited to, handball , racquetball , weight training and dance exercises. (2836-6/86) Hedge. A plant or series of plants, shrubs or other landscape material so arranged as to form a physical barrier or enclosure. (3024-12/89) Home occupation. A business use incidental and secondary to the principal use of a residential dwelling, subject to the standards outlined in this division. (2836-6/86) Horticulture. The science and art of growing fruits, vegetables, flowers, vines, trees, or field crops for wholesale purposes. (2836-6/86) Hospital . An institution for the diagnosis, care and treatment of human illnesses. (2836-6/86) Hostel . A supervised, inexpensive lodging for use by youth. See Hotel . (3024-12/89) Hotel . A building designed for or occupied as a temporary abiding place for individuals who are lodged with or without meals in which there are six (6) or more guest rooms and in which no provision for cooking is made � in any individual suite. (2836-6/86) I. Indoor Swap Meet/Flea Market. An occasional , periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. (3224-2/94) Industrial use. The manufacture, assembly, storage or wholesale distribution of a product. (3024-12/89) J. Junk, wrecking, dismantling or salvage yards. The use of one hundred (100) or more square feet of any parcel of land for outside storage, wrecking or dismantling of any used materials, including but not limited to lumber, auto parts, household appliances, pipe, drums, machinery or furniture. (2836-6/86) K. Kennel . A use in which four (4) or more dogs or cats over four (4) months of age are kept on any lot for any purpose. (2836-6/86) Kitchen. Any room or portion thereof containing facilities designed or used for the preparation of food including a sink and stove, oven, range and/or hot plate. Kitchen shall not include a wet bar. (2836-6/86) L. Landscaping. The planting and continued maintenance of suitable plant materials and which includes an adequate irrigation system. (2836-6/76) Laundry. A building or portion of a building where clothing and fabrics are washed. (2836-6/86) 2/94 Huntington Beach Ordinance Code Line of sight--Lot line, rear Line of sight. A visual path emanating from an average eye level adjudged to be five (5) feet above ground level . (2836-6/86) Liquor store. Any establishment in which the primary use is to offer any alcoholic beverage for retail sale for consumption off-premises. Living unit. A unit within a Single Room Occupancy suited to accommodate up to two (2) persons. (3108-7/91 ) Loading space. An off-street space for the temporary parking of commercial vehicles while loading or unloading and which has a permanent means of access. (2836-6/86) Local street. A low-speed, low-volume thoroughfare used primarily for access to abutting residential or other properties. A local street has on-street parking and a significant amount of pedestrian traffic. (2836-6/86) Lot. Any numbered or lettered parcel shown on a recorded tract map, a record of survey pursuant to an approved division of land, or a parcel map. A lot includes any area of land under one ownership abutting upon at least one street, alley or recorded easement. (2836-6/86) Lot area. See net site area. (2836-6/86) Lot depth. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. (2836-6/86) Lot frontage. The linear length of a lot measured along the property line adjacent to a street or easement. Lot line. Any line bounding a lot. "Property line" means the same as "lot line." (2836-6/86) Lot line, front. On an interior lot, the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot, or a lot with three or more sides abutting a street, or a corner or reverse corner lot with lot lines of equal length, the Director shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this division. On a private street or easement, the front lot line shall be designed as the edge of the easement. (2836-6/86) Lot line, interior. A lot line not abutting a street. (2836-6/86) Lot line, rear. A lot line not abutting a street which is opposite and most distant from the front lot line; in the case of an irregularly shaped lot, a line within the lot, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot lines. (2836-6/86) 2/94 r , Lot, reverse corner--Model home Huntington Beach Ordinance Code Lot, reverse corner. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not. (2836-6/86) Lot, through. A lot having frontage on two dedicated parallel or approximately parallel streets. (2836-6/86) Lot width. Lot width shall be calculated as indicated for the following types of lots: (a) Rectangular lot shall be measured along a line equidistant to and twenty (20) feet from the front property line. (b) Cul-de-sac and knuckle lots shall be,measured twenty (20) feet from the front property line along a line perpendicular to the bisector of the front property line. (c) Cul-de-sac lots siding on another street, channel , or similar properties shall be measured along a line perpendicular to the interior side property line and twenty (20) feet from the front line property line. (2836-6/86) M. Mobilehome/manufactured home. A structure transportable in sections which is a minimum of eight (8) feet in width, forty (40) feet in length, and which when erected is a minimum of three-hundred and twenty (320) square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. Manufactured home includes a mobilehome subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. sections 5401 et seq. ) . Any structure not meeting the requirements of this definition except for size requirements shall be deemed a mobilehome/manufactured home provided the manufacturer voluntarily files certification and complies with these provisions. (2836-6/86) Mobilehome accessory structure. A subordinate building located on a mobilehome space or lot, the use of which is incidental to that of the main dwelling. (2836-6/86) Mobilehome lot or space. An improved plot within a mobilehome park which is designated for the occupancy of a mobilehome. (2836-6/86) Mobilehome park. Any area or tract of land where mobilehome lots are . rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation. The rental fee paid shall be deemed to include rental for the lot the mobilehome occupies. (2836-6/86) Model home. A dwelling or residential building intended to be temporarily utilized as an example of the dwellings which have been or are proposed to be built within the same subdivision. Such building shall be constructed upon a lot previously designated as a model home site in the approved site plan, and in a subdivision for which a final map will be recorded. (2836-6/86) 2/94 Huntington Beach Ordinance Code Motel--Open or public land Motel . A building containing guest rooms designed or used primarily for the accommodation of transient automobile travelers and which has sleeping rooms with direct outside access and conveniently located parking spaces. A maximum twenty-five (25%) percent of such sleeping units may have kitchens . (2836-6/86) Motor vehicle. A self-propelled device used or intended for the transportation of passengers or freight upon streets or highways. (2836-6/86) Maximum wind energy conversion system height. The height of the tower and furthest vertical extension of the rotor measured from grade. (2836-6/86) N. Net site area. The total horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress. (2836-6/86) Nonconforming building. Any building or structure or portion thereof which was legal when established, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nonconforming parcel . Any lot or parcel which was legal when created, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nonconforming use. Any use of land, buildings or a portion thereof which was legal when established, but which now is in conflict due to the amendment of the provisions applicable to the district in which it is situated. (2836-6/86) Nontransferable conditional use permit. A conditional use permit which may not be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; except that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit. In such cases, the permit shall be placed in the name of the surviving partners after notifying the Director of Community Development. A conditional use permit issued to a corporation shall be deemed terminated and void when any outstanding stock of the corporation is sold, transferred or assigned after the issuance of the permit; or any stock which is authorized but not issued at the time of permit approval is thereafter issued, sold, transferred or assigned. (2836-6/86) 0. Occupancy, change of. A discontinuance of an existing use and a substitution of another use of a different kind or class. (2836-6/86) Occupied. Includes used, arranged, converted to, rented, leased, or intended to be occupied. (2836-6/86) 2/94 i Open or public land--Private street Huntington Beach Ordinance Code Open or public land. Public parks, waterways, school sites, flood or electric line rights-of-way or easements. (2836-6/86) Open space. Any part of a lot or parcel unobstructed from the ground upward, excepting architectural features extending no more than thirty (30) inches from the structure and excluding any area of the site devoted to driveways and other parking areas. (2836-6/86) Oversize vehicles. Any vehicle which exceeds twenty-five (25) feet in length, seven (7) feet in width, or seven (7) feet in height, motorized or nonmotorized. Oversize vehicles include, but are not limited to trucks, buses , truck tractors, trailers, campers, and recreational vehicles, as well as any equipment or machinery regardless of size. (2836-6/86) Overspeed control . A mechanism used to limit the speed of blade rotation to within the design constraints of the wind energy conversion system. (2836-6/86) P. Parking structure. A structure used for parking of vehicles where parking spaces , turning ratio, and drive aisles are incorporated within the structure. (3024-12/89) Person. The word "person" includes association, company, firm, corporation, partnership, copartnership or joint venture. (2836-6/86) I j Personal Enrichment Services. Provision of instructional services or facilities, including but not limited to, fine arts, crafts, dance or music studios, driving schools, and business or trade schools except those leading to a degree as defined by the State of California Education Code. (2957-9/88) Permanent open space. The phrase shall include golf courses, park sites , public utility easements , flood control rights-of-way a minimum of one hundred (100) feet in clear width; and for the purposes of establishing dancing, live entertainment or a game arcade, a parking lot or landscaped area a minimum of two hundred (200) feet in width. (2836-6/86) Place of public assembly, Any place designed for or used for the gathering of twenty (20) or more persons in one room where such gathering is of a public nature such as an assembly hall , church, auditorium, recreation or dance hall , theater, or amusement enterprise. (2836-6/86) Planned residential development. A residential development, including statutory and non-statutory condominiums , cluster housing, townhouses and community apartments, in which common open space is integrated into the overall development. Common areas in which each resident has an undivided interest may include outdoor recreational facilities and assembly buildings intended for the use of residents within the development. (2836-6/86) Private street. A privately owned and maintained roadway used to provide vehicle access to abutting properties. (2836-6/86) f,-1 2/94 Huntington Beach Ordinance Code Recreational vehicle park--Setback line R. Recreational vehicle park. Any area or tract of land where one or more lots are rented or leased or held out for rent or lease for the use of recreational vehicles or tents to be occupied for temporary purposes. Exclusive occupancy of any site shall not exceed thirty (30) continuous days, nor one hundred and twenty (120) days in any calendar year. (2836-6/86) Recreational vehicle. A travel trailer, pickup camper or motorized home with or without a mode of power and designed for temporary human habitation for travel or recreational purposes. (2836-6/86) Recreation space. Open space used for recreational uses such as sundecks, balconies and patios; and walkways, tennis and shuffleboard courts, swimming and boating areas, bridle paths, playgrounds and playing fields. (2836-6/86) Rental unit. A room, bath, and kitchen as a separate unit. (2836-6/86) Residence. A building used or intended to be used as a dwelling place for one or more families. (2836-6/86) Restaurant. A comprehensive term meaning an eating house providing service to the general public. (2836-6/86) Retail store. A business of selling goods, wares and merchandise directly to the ultimate consumer. (2836-6/86) Retaining wall . A structure designed to protect grade cuts or retain the fill of dirt, sand or other grading material . (3024-12/89) S. Senior citizen housing. Any housing exclusively designed wherein at least one person per unit is over sixty (60) years of age. (3024-12/89) Service station. Any lot or portion of a lot used for the dispensing of motor fuel and/or the servicing of motor vehicles. Such servicing may include sale of motor fuels and oils; lubrication; car washing, waxing, and polishing (with no steam equipment) ; sale and service of tires, tubes, batteries; and service of auto accessories. Such service shall not include tire recapping, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steam cleaning, body repair, painting or upholstery. (2836-6/86) Service station, idle. Any service station which has not been open for business for at least sixty (60) , eight (8) hour days out of any one hundred and eighty (180) consecutive days. (2836-6/86) School . An institution conducting regular academic instruction at kindergarten, elementary, secondary or college levels, operated by a governmental or nongovernmental organization. (2836-6/86) Setback line, front yard. The line which defines the depth of the required front yard. Such line shall be parallel to the property line and removed therefrom by the perpendicular distance described as the front (71 yard setback. (2836-6/86) 2/94 S Setback line, side. . .-Structural alteration Huntington Beach Ordinance Code Setback line, side or rear yard. The line which defines the width or depth of the required side or rear yard. Such line shall be parallel to the property line and removed therefrom by the perpendicular distance described as the side or rear yard setback. (2836-6/86) Single room occupancy (SRO) . A building designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. (3108-7/91 ) Site. Any legally created parcel of land bounded by property lines after dedication. (2836-6/86) Site coverage. The building area of all structures on a site as measured from all exterior building surfaces, including any patio covers, and any balconies and stairways with or without support posts. Architectural features such as bay windows , eaves and fireplaces that do not project more than thirty (30) inches, and decks that do not exceed more than forty-two (42) inches in height are excluded. (2836-6/86) Site plan. A plan prepared to scale, showing accurately and with complete mentioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land. (2386-6/86) Stable, commercial . A stable for horses which are used, hired or boarded on a commercial basis and for compensation. (2836-6/86) Stock cooperative. A corporation formed for the primt,ry purpose of } holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. (2836-6/86) Story. That portion of a building included between the surface of any floor and the surface of the floor next above it or the finished under surface of the roof directly above it. (2836-6/86) Street. A public or an approved private thoroughfare or road easement which affords the principal means of access to abutting property, not including an alley. (2836-6/86) Street line. The boundary line between a street and abutting property. (2836-6/86) Structure. A mobilehome or anything constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which requires location on or in the ground, except swimming pools, patios, walks, tennis courts , and similar paved areas . (2836-6/86) Structural alteration. Any change in or alterations to the structure of a building involving the bearing wall , column, beam or ceiling joists , roof rafters, roof diaphragms, foundations, tiles, retaining walls or similar components. (2836-6/86) 2/94 Huntington Beach Ordinance Code Structure, temp--Wind energy. . . Structure, temporary. A structure which is readily movable and used or intended to be used for a period not to exceed ninety (90) consecutive days. Such structure shall be subject to all applicable property development standards for the zone district in which it is located. (2836-6/86) T. Temporary outdoor event. A temporary use of property not exceeding an aggregate of twenty-one (21 ) calendar days per year, the purpose of which is to conduct a specialized, short-term event such as an art show, fund-raising events, amusement attractions, sporting events and rabies clinics. Public services which benefit the community such as , but not limited to, bloodmobile or chest X ray are included in this category. Any such event if sponsored by a nonprofit organization shall be exempt from the requirements of Article 973. (2836-6/86) U. Ultimate right-of-way. The adopted maximum width for any street, alley or thoroughfare as established by the general plan; by a precise plan of street, alley or private street alignment; by a recorded parcel map; or by a standard plan of the Department of Public Works . Such thoroughfares shall include any adjacent public easement used as a walkway and/or utility easement. (2836-6/86) Use. The purpose for which land or a building is arranged, designed, or intended, or for which it is occupied or maintained. (2836-6/86) W. Wall or fence. Any structure or device forming a physical barrier. This definition shall include wood, concrete, concrete block, brick, stone or other masonry material . (2836-6/86) Warehouse. A building or the use of a building for storage of goods of any type in any area greater than five hundred (500) square feet and where no retail operation is conducted. (2836-6/86) Waterfront lot. Any lot or portion thereof abutting a navigable waterway such as a bay, cove or channel . (2836-6/86) Wet bar. A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a garbage disposal at a location other than a kitchen or laundry. A wet bar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wet bar is located in a room or a portion of a room with a stove, hot plate, range, oven or other type kitchen facility, it shall be deemed a separate kitchen. (2836-6/86) Wholesale Use. A business which stores large stocks of goods and sells them in bulk quantities to retail outlets. Sales to the general public do not occur on the site, nor is the location of the business advertised through newspapers, flyers or other media designed to reach the consumer. (3024-12/89) Wind energy conversion system. A machine which converts the kinetic energy of the wind into a usable form of electrical energy, such as a windmill or turbine. (2836-6/86) 2/94 Yard--Zoning maps Huntington Beach Ordinance Code Y_ Yard. An open, unoccupied space on a lot on which a building is situated and, except where provided in the ordinance code, is completely .� unobstructed, from the ground to the sky. (2836-6/86) Yard, front. A yard extending across the full width of the lot between the side lot lines and between the front lot line and either the nearest line of the main building or the nearest line of any enclosed or covered porch. The front lot line shall be deemed to be the existing nearest right-of-way line of the abutting street, road or highway, unless a different right-of-way line for future use shall have been precisely fixed by formal action of the City Council pursuant to law or ordinance. (2836-6/86) Yard, rear. A yard extending across the, full width of the lot between the side lot lines and measured between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street or is adjacent to or facing a front yard of residentially zoned property, it shall meet front yard requirements of the district; excepting walls and fences and R1 zoned property abutting arterial highways. (2941-7/88) Yard, side. A yard extending from the front yard to the rear yard between the side property line and the nearest line of the main building or any accessory building. (2836-6/86) Z. Zone. A district as defined in the state Conservation and Planning Act shown on the official zoning maps and to which uniform regulations apply. (2836-6/86) Zoning maps. The official zoning maps of the city of Huntington Beach which are a part of the comprehensive zoning ordinance. (2836-6/86) 2/94 Huntington Beach Ordinance Code Title 9600--Title 9605.`3��J Article 960 OFF-STREET PARKING, LOADING, AND LANDSCAPING (1169-1/66, 1239-9/66, 1261-11/66, 1289-2/67, 1340-9/67, 1548-2/70, 1787-10/72, 1811-2/73, 1859-9/73, 1928-9/74, 1967-9/75, 2511-11/81 , 2537-3/82, 2635-8/83, 2717-9/84, 2780-9/85, 2815-2/86, 2828-5/86, 2947-8/88, 3054-11 /90, 3111-7/91 , 3179-3/93, 3225-2/94) Sections: 9600 GENERAL PROVISIONS 9600.1 Parking compliance 9600.2 Surplus parking 9600.3 Inoperable motor vehicle 9600.4 Location 9600.5 Expansion of use with nonconforming parking 9601 DESIGN STANDARDS 9601 . 1 Public Works requirements 9601 .2 Circulation design 9601 .3 Illumination 9601 .4 Protection 9601 .5 Stall dimensions 9601 .6 Parking structures 9602 NUMBER OF SPACES`REQUIRED 9602. 1 Handicapped parking 9602.2 Non-residential use 9602.3 Residential uses 9603 RESIDENTIAL REGULATIONS 9603.1 Coastal parking 9603.2 Private garages and carports 9603.3 Turning radius 9603.4 Driveway width 9603.5 Access 9603.6 Open parking 9603.7 Guest parking 9603.8 Enclosed parking 9603.9 Planned residential developments 9603. 10 Distribution and assignment 9603.11 Screening 9603.12 Driveway air space 9603. 13 Storage space 9604 NON-RESIDENTIAL REGULATIONS 9604. 1 Designated parking 9604.2 Parking controls 9604.3 Parking location 9604.4 Driveway width 9604.5 Loading space 9604.6 Loading location 9604.7 Loading design 9604.8 Landscape buffer 9605 SEASONAL AND TEMPORARY LOTS 9605. 1 Parking lot standards 9605.2 Certificate to operate 9605.3 Failure to comply 2/94 o f Title 9606--9600.4(b) Huntington Beach Ordinance Code 9606 PARKING REQUIREMENT ALTERNATIVES 9606. 1 Joint and mixed uses 9606.2 In lieu fees within the Downtown Specific Plan area 9606.3 Special Permit 9607 SCREENING AND LANDSCAPING 9607. 1 General provisions 9607.2 Interior landscaping 9607.3 Front and exterior side yards 9607.4 Planter walk areas 9607.5 Irrigation 9607.6 Curbing 9607.7 Landscaping requirement exception 9600 General provisions. Parking facilities, loading and on-site landscaping shall be provided for new construction and expansions of greater than fifty (50%) percent of the existing square footage in nonresidential projects in order to meet the parking demand of all activities on the parcel and improve the aesthetic quality of the project. The minimum parking requirements for each particular land use are included in this article. Parking spaces over and above the minimum number specified by this article may be required by the body responsible for reviewing the use itself based on the intensity of the use. Parking requirements for uses not specified shall also be determined by such body. (3054-11 /90) 9600.1 Parking compliance. A certificate of occupancy for any new use, structure or premises shall not be issued until all of the required parking facilities and landscaping for the use have been completed in conformance with the requirements of this article. (3054-11 /90) 9600.2 Surplus parking. Any off-street parking or loading facility which is permitted but not required, shall comply with all provisions of this article governing location, design, improvement and operation. (3054-11 /90) 9600.3 Inoperable motor vehicle. Any motor vehicle incapable of movement by its own power and/or not licensed to operate on California streets shall be stored either in an enclosed building or entirely screened from view. (3054-11 /90) 9600.4 Location. The parking facilities required by this article shall be on the same lot or parcel of land as the structure or use they are intended to serve except in the following cases : (3054-11 /90) (a) An adjacent lot may be used which is in the same person' s possession as the structure or use. Such possession may be by deed or long term lease, approved as to form by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. (3054-11 /90) (b) Required parking provided by means of a parking district or parking authority is not subject to any location requirements. (2828-5/86, 3054-11 /90) 2/94 Huntington Beach Ordinance Code 9600.5--9601 .2 9600.5 Expansion of use with nonconforming parking. (3054-11/90) (a) A multi-family residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion comply with current standards contained in this article. (3054-11 /90) (b) A single family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this article. (3054-11 /90) (c) A nonresidential use with nonconforming parking may be expanded less than fifty (50%) percent of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions greater than fifty (50%) percent of the existing square footage require the site to be in total compliance with the current parking standards contained in this article. (3054-11/90) 9601 Design standards. The design and layout of parking areas shall comply with the following standards: (3054-11 /90) 9601 .1 Public works requirements. Drive locations on arterial highways shall be located in a manner to coordinate with future median openings and in accordance with Department of Public Works standards. The paved surface of driveways and drive entrance's shall comply with Department of Public Works specifications. Parking facilities shall be prepared, graded, and paved to ensure that all surface waters will drain into a public street, alley, storm drain, or other drainage system approved by the Department of Public Works. Aisle ways without adjacent parking shall be a minimum twenty-four (24) feet in width. (3054-11/90) 9601 .2 Circulation design. All off-street parking spaces shall have access to a public street or alley, and shall have internal circulation, safe entrances and exits, drives, and aisles in conformance with City standards . Every required parking space shall have unobstructed access form an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. (3054-11/90) Commercial centers which have two hundred (200) parking spaces or more shall have at least one main entrance designed as depicted on Diagram B. (3054-11 /90) A minimum three (3) foot by three (3) foot wide maneuvering area shall be provided at the end of dead-end parking aisles less than 150 feet in length. A vehicle turnaround space shall be provided at the end of all dead-end parking aisles which exceed 150 feet in length (measured from the closest intersecting aisle with complete circulation) . The maneuvering area and turnaround space shall be designed as depicted in Diagram D. Other turnaround arrangements providing the same maneuverability are subject to approval by the Director of Community Development. (3054-11 /90) 2/94 Cr 9601 .3--9601 .6(a) Huntington Beach Ordinance Code 9601 .3 Illumination. All parking area lighting shall be energy efficient and designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours and such lighting shall be on a time-clock or photo-sensor system. (3054-11 /90) 9601 .4 Protection. Fences, walls or buildings adjacent to parking areas or drive aisles shall be protected from vehicle damage, subject to approval by the Director of Community Development. (3054-11 /90) 9601 .5 Stall dimensions. The minimum off-street parking stall dimensions (in feet) shall be as follows. Striping requirements are depicted in Diagram A. Directional signs and/or pavement markings shall be provided in any facility in which one-way traffic is established. (3054-11/90) Angle Stall Stall Aisle Width** of Parking Width* Depth 1 way 2 way 0 degrees 9 19 (with 8' 12 20 (Parallel ) striped maneuvering area between every 2 spaces) 30 degrees 9 19 14 20 45 degrees 9 19 15 20 60 degrees 9 19 20 20 90 degrees 9 19 26 26 Residential 9 19 25 25 Non-residential 9 19 26 26 Compact 8 17 subject to S. 9606.3 (3054-11 /90) * NOTE: A parking space on a site with more than five (5) parking spaces and which is adjacent to a wall over twelve (12) inches in height shall be increased in width by three (3) feet. Posts/columns may be permitted along the side of each space only within three (3) feet of the head and foot of each stall . (3054-11/90) ** Minimum twenty-four (24) feet when determined by Fire Department to be a fire lane. (3054-11 /90) 9601 .6 Parking Structures. Parking structures above or below grade shall be subject to approval of a conditional use permit by the Planning Commission when no other entitlement is required. In addition to design standards all parking structures shall comply with base district standards as well as the following requirements: (3054-11 /90) (a) Transition ramps which are also used as back-up space for parking stalls shall have a maximum slope of five (5) percent. The maximum slope for transition ramps with no adjacent parking spaces shall be ten (10) percent. (3054-11/90) 2/94 Huntington Beach Ordinance Code 9601 .6(a)--9602. 1 A ramp used for ingress and egress to a public street shall have a transition section at least sixteen (16) feet long and a maximum slope of five (5) percent. (3054-11 /90) (b) Parking structures with over three hundred (300) spaces shall provide secondary circulation ramps and additional ingress and egress if deemed necessary by a traffic study prepared by a registered traffic engineer. (3054-11 /90) (c) Parking structures shall be provided with a minimum ten (10) foot wide perimeter landscape planter at ground level . Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings . The Design Review Board shall approve the landscaping plan. (3054-11 /,90) (d) All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design Review Board prior to hearing. The Design Review Board shall consider the following factors in reviewing a proposal : bulk, scale, proportion, building materials, colors, signage, architectural features , and landscaping. (3054-11/90) (e) All parking structures proposed for conversion to a fee parking arrangement shall be subject to the approval of a conditional use permit. (3054-11/90) 9602 Number of spaces required. For the purpose of this section, the square footage indicated shall mean the gross floor area of the use unless otherwise indicated. When calculations include any fraction, one (1 ) full parking space shall be required for such fractional space. (3054-11 /90) 9602.1 Handicapped parking. As required by the State of California, handicapped parking shall be provided for all non-residential projects on the basis of total parking provided on-site as follows: (3054-11 /90) No. of Spaces No. of Handicapped Spaces 1 - 40 1 40 - 80 2 81 - 120 3 121 - 160 4 161 - 300 5 301 - 400 6 401 - 500 7 over 500 1 for each additional 200 spaces provided. (3054-11 /90) 2/94 a P r 9602.2--9602.2 Huntington Beach Ordinance Code 9602.2 Non—residential use. (3054-11/90) Use Parking spaces required A. Auto and machinery service garages 1 /200 square feet, but no less than 5 per business Auto, boat, trailer sales and 1 /1000 square feet of indoor/ rental agencies; other outdoor outdoor sales and/or display commercial uses including retail lot area accessible for public nurseries viewing, but no less than 10; plus 1 /300 sq. ft. office area; 1 /200 sq. ft. auto service area r. B. Bed and breakfast 1 per guest room and 1 owner/manager plus 1 visitor Boat marina .75 per boat slip C. Car wash (1 ) Full—service 10 (2) Self—service 1 .5 per wash stall (3) With fuel sales - 12 Churches, theaters, clubs, lodges, 1 per 35 square feet of public social halls, auditoriums, funeral assembly area, or 1 per 3 fixed homes and mortuaries seats (18 inches shall be 1 seat) whichever is greater F. Food and beverage establishment/ nightclubs with more than twelve (12) seats: (1 ) Separate parcel 1 /60 square feet (2) Within integrated complex 1 /100 square feet (3) Ancillary dance floors 1 /50 square feet of area devoted to dancing Furniture and appliance stores 1/500 square feet, excluding areas used for storage or loading but no less than 5 H. Hair/nail salons (1 ) Separate parcel 2.5 per chair or station (2) Within integrated complex 1 /200 square feet Hospitals 1 .5 per bed Hotels and motels 1 per unit or bedroom, whichever is more restrictive, plus 1 employee space per 10 guest rooms, plus 2 spaces for any manager' s unit, plus spaces required for ancillary uses 2/94 Huntington Beach Ordinance Code 9602.2--9602.2 (continued) 9602.2 Non-residential use. (3054-11 /90) (continued) Use Parking spaces required I. Industrial uses (1 ) Indoor Swap Meets/Flea Markets 1/100 square feet, except as may be modified by the Planning Commission throught the Conditional Use Permit process, after submittal , review and approval of a traffic engineering study. (3225-2/94) t (2) Speculative buildings 1/500 square feet (maximum 10% office area) (3) Manufacturing, research 1 /500 square feet assembly, packaging (4) Wholesaling, warehousing and 1 /1000 square feet distributing space (5) Outside uses: Storage`, wrecking/ 1/5000 square feet, but no salvage and lumber yards less than 5 (6) Offices 1 /250 square feet ancillary to industrial uses if square feet exceeds 10 percent of gross floor area. (7) Mini-storage facilities Single story 1/5000 square feet Multistory 1 /2000 square feet Plus 2 spaces for any caretaker' s unit M. Medical/dental (includes out patient 1/175 square feet medical /surgery centers) 0. Office uses, general (1 ) Less than 250,000 square feet 1 /250 square feet (2) Greater than 250,000 square feet 1 /300 square feet R. Retail uses not otherwise specified, 1 /200 square feet including department stores, arcades, gymnasiums and health spas, financial institutions, food and beverage establishments with 12 seats or less 2/94 r 9602.2--9602.3 Huntington Beach Ordinance Code 9602.2 Non-residential use. (3054-11/90) (continued) Use Parking spaces required S. Schools (1 ) Preschools, nursery, day care 1 per staff member, plus 1 per classroom (2) Elementary, junior high 1 .5 per classroom (3) High school /college 7 per classroom (4) Trade schools, music 1 /35 square feet of instruction conservatories, personal area enrichment services Service stations (1 ) Full serve/repair garage 1/500 square feet, but no less than 5 (2) Self serve 2 per use (3) With convenience markets 1/200 square feet of retail space but no less than 8 (4) With car wash 12 Single room occupancy/ One half (0.5) space per unit if Living units project is within two thousand (2,000) feet of a public bus stop. One (1 .0) space per unit if project is not within two thousand (2,000) feet of a public bus stop. One (1 .0) space for each resident staff member. One-half (0.5) space for all remaining personnel . Stables 1 per 3 corrals plus 1 horse trailer space for each 10 corrals plus 2 for caretaker' s unit T. Tennis/racquetball courts, 3 per court or alley lane bowling alleys (3054-11 /90, 3111-7/91 ) 9602.3 Residential uses. (3054-11 /90, 3179-3/93) Use Parking Spaces Required (1 ) Single-unit dwellings New construction 0-4 bedrooms 2 enclosed and 2 open 5+ bedrooms 3 enclosed and 3 open (open spaces may be behind any required spaces.) (� 2/94 \ Huntington Beach Ordinance Code 9602.3(continued) 9602.3 Residential uses. (3054-11/90) (Continued) Use Parking Spaces Required Existing 0-4 bedrooms 2 enclosed and 2 open 5+ bedrooms 2 enclosed and 3 open (open spaces may be behind any required spaces and/or on street adjacent ,to the property so long as the on street parking is not reserved in any way for residents and/or guests but is available to the general public on a first-come, first-served basis. ) In the Oldtown and Townlot 2 spaces for dwelling units with Districts up to 3 bedrooms , and 1 space for each additional bedroom 2 spaces per unit must be enclosed in a garage, and remainder may be open, unenclosed and designed to be behind the garage space One (1 ) additional space per dwelling when no on-street parking is allowed; may be behind required spaces. No on-street parking shall be reserved in any way for residents and/or guests but shall be available to the general public on a first-come, first-serve basis. (3179-3/93) (2) Multi-family bachelor/one bedroom 1 space two bedrooms 2 spaces three + bedrooms 2.5 spaces guest .5 space per unit 1 space per unit must be enclosed (3) Senior studio/one bedroom 1 space 2 bedrooms 1 .5 spaces (2828-5/86) 1 space per unit must be covered (4) Mobilehome 2 spaces 1 shall be covered, the other may be behind the first guest 1 per 3 mobilehomes (5) Rooming house 1 space per guest room plus 1 space per owner/manager plus 1 space per each 10 guest rooms (3054-11 /90) 2/94 9603--9603.8 Huntington Beach Ordinance Code 9603 Residential parking. Residential parking shall comply with the following requirements as well as any additional provisions contained in the regulations of the individual district. (3054-11 /90) 9603.1 Coastal parking. Each dwelling unit located in the Coastal Zone shall have a minimum of two (2) on-site parking spaces. If the total coastal parking requirements exceeds the total minimum parking as required by this Article, the additional required parking spaces may be in tandem with enclosed spaces provided the tandem space is assigned to an enclosed space and complies with the required turning radius . (3054-11 /90) 9603.2 Private garages and carports. All required private garages and carports, permitted as accessory structures under applicable provisions of this code, shall be constructed at the same time as the main building. (3054-11/90) 9603.3 Turning_ radius. The minimum turning radius for any garage, carport or open parking space, entered directly from an alley or drive, shall be twenty-five (25) feet as measured to the opposite side of the alley or drive. (3054-11 /90) 9603.4 Driveway width. All private driveways or driveway easements shall meet the following minimum driveway width requirements: (3054-11 /90) Length of Drive Requirement 150 feet or less Ten (10) feet clear width for single family dwellings Twenty (20) feet clear width for multi-family dwellings Greater than 150 feet Twenty (20) feet clear width Exception: when designated as fire lane, all Fire Department requirements shall apply. (3054-11 /90) 9603.5 Access. When a lot abuts an arterial highway and a local street, access to on-site parking shall be from the local street. When a lot abuts an alley, access shall be from the alley unless a different access is approved by the Planning Commission. When a lot abuts two (2) arterial highways or two (2) local streets , access shall be subject to the approval of the Director of Public Works. (3054-11 /90) 9603.6 Open parking. No open parking spaces shall be permitted in any required setback adjacent to a public street except as provided in Article 911 . (3054-11 /90) 9603.7 Guest parking. All guest parking shall be fully accessible and designated as such. (3054-11 /90) 9603.8 Enclosed parking. Any parking space in the front 50 feet of a lot that has ingress or egress directly from a street shall be in a fully enclosed building equipped with a door to provide for its complete enclosure. (3054-11 /90) 2/94 Huntington Beach Ordinance Code 9603.9--9604.6 9603.9 Planned residential developments. In a planned residential development where a garage is constructed a minimum of twenty (20) feet from the curb, the driveway in front of the garage may be used to satisfy one of the required uncovered spaces. No more than fifty (50%) percent of driveway spaces may be credited toward this requirement. (3054-11 /90) 9603.10 Distribution and assignment. Required parking spaces shall be distributed throughout a planned residential development at convenient locations to serve both residents and guests. Each dwelling unit shall have assigned covered parking within a walking distance of two hundred (200) feet. (3054-11 /90) 9603.11 Screening. All required parking spaces or areas , open or enclosed, shall be screened on a horizontal plane. (3054-11 /90) 9603.12 Driveway air space. The air space above all driveways which exceed 150 feet in length shall remain open to the sky, except that eaves or roof overhangs with a maximum four (4) foot projection may be permitted above a height of fourteen (14) feet. (3054-11 /90) 9603.13 Storage space. When a required residential covered space is located in carport or parking structure, 100 cubic feet of enclosed storage space shall be provided in the space. (3054-11 /90) 9604 Nonresidential parking and loading. Nonresidential parking and loading shall comply with the following requirements as well as any additional provisions contained in the individual district. (3054-11/90) 9604.1 Designated parking. Parking spaces within an integrated non-residential complex shall not be designated for exclusive use of any individual tenant except as authorized by a parking management plan approved by the Director of Community Development. (3054-11 /90) 9604.2 Parking controls. Parking controls, such as gates or booths , and/or collection of fees may be permitted when authorized by a conditional use permit approved by the Planning Commission. (3054-11 /90) 9604.3 Parking location. Any yard area not facing a street may be used solely for automobile parking provided such use is not in conflict with other code specifications. (3054-11 /90) 9604.4 Driveway width. The minimum width for driveways providing access to the rear of a structure shall be twenty-five (25) feet. (3054-11 /90) 9604.5 Loading space. One loading space (minimum fourteen (14) feet in width, twenty (20) feet in length, and fourteen (14) feet in height) for each 20,000 square feet or fraction thereof, of gross floor area; however, not more than three (3) such spaces shall be required for buildings exceeding 60,000 square feet. (3054-11 /09) 9604.6 Loading location. Truck or rail loading, dock facilities, and the doors for such facilities shall not face or be located within forty-five (45) feet of property zoned or general planned residential . (3054-11 /90) 2/•94 9604.7--9605.1 (c) Huntington Beach Ordinance Code 9604.7 Loading design. Any loading facility shall be designed and located so' that vehicles need not extend onto the public sidewalks, streets or alleys, during loading activities. (3054-11 /90) 9604.8 Landscape buffer. Where the side or rear yard of a parcel is used for loading activities and abuts property zoned or general planned for residential uses, a landscaped buffer along the property line shall be provided. A Landscaping Plan shall be subject to review and approval by the Director of Community Development. (3054-11/90) 9605 Seasonal and temporary parking lots. Seasonal and temporary parking lots may be permitted subject to the approval of a Use permit by the Zoning Administrator and in compliance with the following: (3054-11 /90) (a) Seasonal parking lots may operate only from Memorial Day through the third weekend in September and must be located within one thousand (1 ,000) yards of the mean high tide line of the Pacific Ocean. (3054-11 /90) (b) Temporary and seasonal commercial parking lots may be permitted for a maximum of five (5) years. (3054-11 /90) 9605.1 Parking lot standards. The design and layout of seasonal and temporary parking lots shall comply with this article, Fire Department requirements, and the following standards: (3054-11 /90) (a) Paving shall be two (2) inches of asphalt over compacted native soil , or as approved by the Department of Community Development; except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehhicles and to provide dust control as required by the Zoning ) Administrator. (3054-11 /90) (b) Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of three (3) feet in height, solidly built. At a minimum, posts shall consist of 4" x 4" wood or equivalent metal posts a minimum of one and one-half inches in diameter securely set in the ground and placed eight (8) feet on center. The posts shall be connected with at least one (1 ). strand of one-half (1 /2) inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. Seasonal lots shall be secured to prevent overnight parking between the closing hour on one (1 ) business day and the opening hour the folloti.J ng business day. (3054-11 /90) (c) Temporary parking lots shall have landscaped planters with an inside dimension of three (3) feet along street side property lines excluding driveways . Landscaping shall be protected from vehicle and pedestrian damage by wheel bumpers (asphalt, concrete, or wood) , or asphalt or concrete curbs, or any other design that will provide adequate protection, approved by Zoning Administrator. All landscaped areas shall be equipped with an underground, electrically automated sprinkler systems . All required landscaping shall be approved by the Department of Public Works pursuant to standard plans and specifications. (3054-11/90) Seasonal parking lots are exempt from landscaping requirements. (3054-11 /90) 2/94 Huntington Beach Ordinance Code 9605.1 (d)--9606. 1 (d) Directional and informational signs shall be displayed on-site to identify the entrance(s) , fees, and hours of operation. Such signs shall be located at the entrance entering the parking lot and shall not exceed twelve (12) square feet and shall be six (6) feet high. Signs for seasonal parking lots shall be removed from the site each season no, later than the third weekend in September. (3054-11 /90) (e) Automatic entry devices or fee collection points shall be set back a minimum of twenty (20) feet from the public right-of-way, or at a distance recommended by the Department of Public Works and approved by the Zoning Administrator. (3054-11 /90) (f) An attendant shall be on duty at all times during business hours of seasonal parking lots. (3054-11 /90) (g) An approved fire extinguisher shall be provided on the premises during business hours. (3054-11 /90) (h) The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site to accommodate and store all trash that accumulates on the lot. (3054-11 /90) (i ) For seasonal parking lots, a certificate of insurance for combined single limit bodily injury and/or property damage including products liability in the amount of $1 ,000,000 per occurrence shall be filed with the Department of Administrative Services. A hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services. (3054-11/90) 9605.2 Certificate to operate. Subsequent to approval of an application for any seasonal or temporary parking lot by the Zoning Administrator, the applicant shall meet all standards, requirements , and install all improvements. The parking lot shall be then inspected and approved by the Department of Community Development prior to issuance of a Certificate to Operate. (3054-11 /90) 9605.3 Failure to comply. The Zoning Administrator may revoke a Use Permit when the applicant fails to comply substantially with any of the conditions of approval or applicable provisions of the City codes. (3054-11 /90) 9606 Parking requirement alternatives. (3054-11 /90) 9606.1 Joint and mixed uses. In the event that two (2) or more uses occupy the same building, lot or parcel of land, the total requirement for off-street parking shall be the sum of each individual use computed separately except as provided in this section. (3054-11 /90) The Planning Commission may grant a reduction in the total number of required spaces as part of the entitlement for the use or uses , or by conditional use permit when no other entitlement is required, when the applicant can. demonstrate that the various uses have divergent needs in terms of daytime versus nighttime hours or weekday versus weekend hours . Such joint use approvals shall be subject to the following: (3054-11 /90) 2/94 9606. 1 (a)--9606(c) Huntington Beach Ordinance Code Qa) The maximum distance between the building or use and the nearest point of the parking spaces/facility shall be 250 feet. (3054-11/90) (b) There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel . (c) Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first. (3054-11 /90) 9606.2 In lieu fees within the Downtown Specific Plan Area. Parking requirements for nonconforming uses or structures , new uses , or expansions may be met by payment of an "in lieu" fee for providing parking in a parking facility. Said fee may be paid in two (2) installments . The first installment in an amount established by City Council Resolution for each parking space shall be paid prior to the issuance of building permits or of a certificate of occupancy, whichever comes first. The second installment in an amount established by City Council Resolution for each parking space shall be paid at the time City and/or a Parking Authority or District constructs aparking structure in the Downtown Area. A surety bond in a sum equal to the second installment shall be filed with the City at the time the first installment is paid. (3054=11 /90) 9606.3 Special permit. A Special Permit subject to approval by the Planning Commission or Zoning Administrator through the entitlement process may be granted to deviate from any of the design standards for parking structures. A special permit may be granted to use compact parking to satisfy a portion of the required parking. Compact spaces shall be distributed throughout the parking area and have the same aisle width as full size spaces. Compact spaces shall be marked compact on the foot of the stall . The number permitted shall be subject to the following standards: (3054-11 /90) (a) Non-residential developments with a minimum of twenty (20) spaces shall be permitted to have twenty (20%) percent of the total spaces as compact parking. (3054-11 /90) (b) Residential developments with a minimum of fifty (50) units may have twenty (20%) percent of the non-guest parking spaces as compact provided that an equitable system of assignment and distribution has been established. (3054-11/90) The following findings shall be made where applicable when granting a special permit: (3054-11 /90) (a) A traffic study prepared by a registered traffic engineer has been submitted which document the impacts of the request. (3054-11 /90) (b) The special permit will not adversely affect the circulation and safety of the use, structure or site, or adjacent land uses. (3054-11 /90) (c) The special permit will result in a more effective and efficient circulation pattern and parking layout. (3054-11/90) 2/94 Huntington Beach Ordinance Code 9606(d)--9607.3 (d) The special permit will enhance the general appearance of the development !� and its surroundings . (3054-11 /90) (e) The special permit will not be detrimental to the general public health, safety, welfare, or convenience, nor injurious to property values in the vicinity. (3054-11 /90) 9607 Screening and landscaping. The provisions of this section shall apply to all projects unless exempt by approval of the Director or specified elsewhere in the Ordinance Code. All landscaping plans and irrigation plans shall be prepared by a California State Licensed Landscape Architect except plans for residential projects with four (4) units or less may be prepared by the developer or a California Licensed Landscape Contractor and shall be subject to the approval of the Departments of Community Development and Public Works. Planting shall be harmonious with the architectural design and site location. All landscaping shall be maintained in a neat, clean, and healthy condition. Maintenance shall include proper pruning, mowing, disease and rodent control , weeding, litter removal , fertilizing, watering, and plant replacement as necessary. Water conservation measures and drought-tolerant plant material should be included in all landscape and irrigation plans whenever possible. (3054-11/90) 9607.1 General provisions. A minimum of eight (8%) percent of the total net site area shall be landscaped. For traffic visibility purposes, the maximum height of shrubbery shall be thirty-two (32) inches within any parking area. Turf shall not be installed on grade differential greater than 3: 1 . Trees planted within planters less than ten (10) feet in width or within five (5) feet from a structure or pavement shall be provided with a twenty-four (24) inch deep plastic minimum .060 inch thick polystyrene or polyethylene root barrier manufactured specifically for that purpose. (3054-11 /90) 9607.2 Interior landscaping. One (1 ) minimum twenty-four (24) inch box tree for every ten (10) parking spaces shall be located throughout the parking area. (3054-11 /90) 9607.3 Front and exterior side yards. A ten (10) foot wide landscaped berm (inside dimension) shall be provided along any streetside property line except at driveway openings. Berming shall be a minimum of twenty (20) inches in height (Diagram C) . Where grade differential would not permit mounding, alternatives shown in Diagram G may be used. Any planter or screen walls shall be placed behind the landscape area and shall set back five (5) feet from the edge of any alley or driveway. (3054-11/90) One (1 ) minimum thirty-six (36) inch box tree shall be provided for every forty-five (45) linear feet (or fraction thereof) of streetside property line; placement may be clustered. Seventy-five (75%) percent of all shrubs, except those used for ground cover, shall be a minimum five (5) gallon size. Ground cover areas shall be planted with well-rooted cuttings or container stock. Turf areas shall be planted with field-grown established drought-tolerant sod. (3054-11 /90) Specimen palm tree may be substituted at a ration of one-half (1 /2) foot brown 01 trunk height for one (1 ) inch of box tree inch required. (3054-11 /90) 2/94 9607.4--9607.7 Huntington Beach Ordinance Code 9607.4 Planter walk areas. Planter areas adjacent to parking spaces shall be provided with a twelve (12) inch wide by four (4) inch thick "step off" area back of curb for the entire length of planter (Diagram E) or provide four (4) feet square of five (5) feet diameter circular planter surrounded by textured and/or colored concrete (Diagram F) . (3054-11 /90) 9607.5 Irrigation. All landscape areas shall be provided with a permanent underground, electrically automated irrigation systems, designed to provide complete and adequate coverage to sustain and promote healthy plant life. The irrigation system shall not cause water to spray onto or cause water, mud or debris to flow across a public sidewalk. A drip irrigation system shall be used where feasible. Pop-up sprinkler heads shall be required directly adjacent to all pedestrian or vehicular surfaces and located in areas that avoid vehicle overhang. (3054-11/90) 9607.6 Curbing. All landscaping shall be protected from vehicular and pedestrian damage by a six (6) inch high, four (4) inch wide curb of portland cement concrete. Additional protection shall be provided by one (1 ) of the following methods: (3054-11 /90) (a) An additional two and one-half (2.5) feet of landscaping consisting of low shrubs or ground cover may be provided between a parking stall and the required landscape area. The additional landscaping shall not count toward the required percentage of landscaping. This method will allow vehicles to extend over the additional landscape area in conjunction with permitting a reduction in the required length of the parking space from nineteen (19) feet to sixteen and one-half (16.5) feet. (3054-11 /90) (b) Other alternatives acceptable to the Director. (3054-11 /90) 9607.7 Landscaping requirement exception. Existing developments approved prior to June 7, 1983, shall , at the time of expansion and/or exterior modification, provide six (6%) per cent of the total net site area in landscaping with a minimum six (6) foot wide landscape planter (inside dimension) along any streetside property line. (Diagram M . (3054-11 /90) Existing developments located adjacent to a landscape and scenic corridor as depicted in the general plan, shall at the time of expansion and/or exterior modification provide a ten (10) foot wide planter with six (6%) percent of the site landscaped. When the existing use includes outdoor sales or display and requires an additional three (3) foot wide landscape planter pursuant to this code, no exception shall be granted in the required six (6%) percent or ten (10) foot wide (plus three (3) feet) landscape planter. (2828-8/86, 3054-11 /90) (Diagrams A. B, C. D. E. F. G) (3054-11 /90) 2/94 300 , 45 of & 600 PARALLEL PARKING x PARKING r 24" EXTERIOR DIMENSION q 18" INTERIOR DIMENSION I I �rT 900 PARKING I 24" EXTERIOR DIMENSION I I 3" STRIP 18" INTERIOR DIMENSION 24' 24' I I -------------- I i I � 9' _ 4' 19, DIAGRAM B Commercial Center Main Entrance For Parking Lots with Over 200 Spaces (Public Works Standard DIAGRAM A Striping Requirements Driveway Plan No.21 1 A & B) PROPERTY MIN. LANDSCAPEAREA 10' INSIDE CURB LINE FACE CURB 20" MIN. HT. SIDEWALK GRADE BUMPER a. PARKING LOT GRADE REQUIRED DIAGRAM C. Required Landscape Planter and Berming PROPERTY LANDSCAPE AREA 6' MIN INSIDE WALL LINE FACE 32" MIN. HT. ,,,20" MIN. HT. BUMPER SIDEWALK GRADE I PARKING LOT GRADE APPROVED MASONRY WALL EXCEPTION FOR EXISTING DEVELOPMENTS • 3054 I SEE DIAGRAM 'A' FOR STRIPING DIMENSIONS. I i �— 2.5' I WHEEL STOP I 2, �-19' I turn- around z 73' 9' space maneuvering area step off area 12"step off area DIAGRAM D 12"step off area DIAGRAM E 000 0000 5 ft. dia. 00 0 0 0 0 00000 0000 4 ft. sq. 0000 000 000 000 00000 0 00 0 00 0 0 00 0 0 0 00000 I 0000 0000 000 00 00 DIAGRAM F 3054- shrub height 32"max. sidewalk ground cover/ ` �� 2' - 6" overhang allowance turf ground cover curb parking i shrub height 32"max. 2' - 6" overhang allowance ground cover curb parking ground cover/turf sidewalk itn NOTE. Turf shall not be installed on slopes steeper than 3:1 DIAGRAM G 3054 Huntington Beach Ordinance Code 9630--9630(C) Article 963 UNCLASSIFIED USES (1077-8/64, 1670-10/71 , 1836-6/73, 1852-7/73, 1915-6/74, 1940-10/74, 2313-9/78, 2313-9/78, 2371-6/79, 2556-7/82, 2562-9/82, 2599-2/83, 2632-8/83, 2729-10/84, 2781-9/85, 2829-5/86, 2858-9/86, 2889-12/86, 2957-9/88, 2987-3/89, 3130-3/92, 3226-2/94) Sections: 9630 Permitted uses 9631 Contractor' s storage yards/mulching operations 9632 Landfill disposal sites 9632. 1 Landfill disposal sites/definitions 9632.2 Operations plan 9632.3 Approval of operations site 9632.4 Hazardous waste sites 9632.5 Operations plan 9632.6 Exemptions 9632.7 Excavation activity prohibited 9633 Wind energy conversion systems 9634 Child day care facilities 9634.1 Small family day care homes 9634.2 Large family day care homes 9634.3 Day care centers 9635 Bed and breakfast 9636 Alcoholic beverage sales 9637 Density bonus and other incentives for the provision of affordable housing for qualifying residents, lower income and very low income households 9637. 1 Definitions 9637.2 Target rents/mortgage payments 9637.3 Affordability requirements 9637.4 Procedure 9637.5 Required findings for approval 9638 Indoor Swap Meets/Flea Markets 9630 Permitted uses. The following list includes uses that possess characteristics of such unique and special form as to make impractical their automatic inclusion as a permitted use in any district. The location and operation of such uses shall be subject to approval of a conditional use permit by the Planning Commission in compliance with base district development standards, any additional provisions included herein, and any more restrictive requirements imposed as conditions of approval . Uses marked with an asterisk shall not be permitted in any residential district. (2957-9/88) A. *Airports and heliports B. Bed and Breakfast Inns pursuant to S. 9635 C. Child Day Care Facilities pursuant to S. 9634 Churches (minimum of 10 percent of parking area shall be landscaped) Colleges, universities, elementary and secondary private or public schools. (Minimum 10% of parking area shall be landscaped) 2/94 1 t 9630C--9630R Huntington Beach Ordinance Code *Contractor' s storage yards pursuant to Section 9631 *Convalescent hospitals and sanitariums *Commercial recreation and amusement enterprises, including bowling alleys and skating rinks D. Density Bonus for residential projects (must have more than five (5) permitted units) G. *Golf driving ranges; miniature golf courses H. *Health clubs over 2,500 square feet Horticulture as defined in Article 908 and except as provided elsewhere in this code Hospitals I. *Indoor swap meets/flea markets (3226-2/94) K. *Kennels, animal hospitals or clinics L. Land Disposal Sites, except prohibited in Sl district, pursuant to S. 9632 M. *Medical or Dental Clinics over 2,500 square feet *Mulching operations pursuant to section 9631 Museums 0. *Open air or drive-in theaters P. Parking lots as primary use or parking structures *Post Offices *Private clubs and lodges *Personal Enrichment Services over 2500 square feet Private recreation areas or other uses for exclusive use of homeowners Public utility substations of less than one acre, excluding switchyards R. *Radio or television transmitters (commercial ) *Recreational vehicle parks subject to locational criteria adopted by resolution *Rest homes Retail nurseries (conditional use permit not required if in a commercial district) Rooming or boarding houses, except in low-density residential districts 2/94 Huntington Beach Ordinance Code 9630T--9632.2(a) T. *Transportation terminals U. Utility facilities, public or private, including but not limited to wastewater treatment plants, power generating plants, and pump stations W. Wind energy conversion systems pursuant to section 9633. (1852-7/73, 1940-10/74, 2313-9/78, 2371-6/79, 2562-9/82, 2599-2/83, 2729-10/84, 2781-9/85, 2829-5/86, 2858-9/86, 2889-12/86, 2957-9/88, 3226-2/94) 9631 Contractor's storage yards/Mulching operations. 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 Article 960. (2729-10/84, 2858-9/86, 2957-9/88) 9632 Landfill disposal sites. Excavation of landfills or land disposal sites shall be subject to the requirements of this article. These provisions are not intended to apply to grading and surcharging operations, permitted under Appendix Chapter 70 of the Uniform Building Code. Permits for grading on previously approved development projects shall be subject to approval of the Director. (2858-9/86, 2781-9/85, 2957-9/88) 9632.1 Land disposal site/Definitions. The following words and phrases shall be construed as defined herein unless a different meaning is apparent from the context: (a) Excavation. Any activity and/or movement of material which exposes waste to the atmosphere. (b) 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. (2858-9/86, 2781-9/85) 9632.2 Operations plan. (a) 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. 2/94 9630.2(b)--9632.5(b) Huntington Beach Ordinance Code (b) 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. (c) Ambient air quality monitoring, as well as other monitoring or testing deemed reasonably necessary, shall be included in the operations plan. (2858-9/86, 2781-9/85) ' 9632.3 Approval of operations plan. (a) 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. (b) 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. (2858-9/86, 2781-9/85) 9632.4 Hazardous waste sites. For any land disposal site determined to be a hazardous waste site by the State Department of Health Services and/or the City of Huntington Beach, the following additional measures shall be taken prior to excavation of such site: (a) All property owners within a half mile radius of the site shall receive written notice of all public hearings to be held regarding proposed r� excavation on the site. The cost of preparing and mailing such notice shall be paid by the operator/applicant. (b) A type of bond, acceptable to the City Attorney, shall be posted by the operator/applicant insuring that necessary funds are available to restore the site to a safe condition if excavation is prematurely terminated. (c) 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. (2858-9/86, 2781-9/85) 9632.5 Operations plan. The operations plan shall contain the following: (a) A plan establishing lines of authority and responsibility between public agencies and the operator/applicant, or his agents, during excavation. The plan shall contain specific procedures to be followed by all responsible parties involved with the excavation. (b) A plan containing specific measures to monitor air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site. If deemed necessary by the State Department of Health Services , the plan shall also include specific measures for evacuation of residents in the vicinity of the site. 2/94 Huntington Beach Ordinance Code 9632.5(c)--9633(c) (c) A plan showing specific routes for vehicles transporting hazardous wastes from the site. (d) A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely. (2858-9/86, 2781-9/85) 9632.6 Exemptions. The following activities shall be exempt from the . requirements of this article unless otherwise determined by the Director: (a) The drilling of holes up to twenty-four (24) 'inc,hes in diameter for telephone or power transmission poles or their footings. (b) The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems. (c) 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. (2781-9/85, 2858-9/86, 2957-9/88) 9632.7 Excavation activity prohibited. (a) 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. (b) Compliance with the provisions of this article shall not exempt any person from failing to comply with the requirements of the California Health and Safety Code, and any other applicable codes, rules or regulations. (2858-9/86, 2781-9/85) 9633 Wind energy conversion systems. Wind energy conversion systems shall be subject to the following requirements: (a) Wind energy conversion systems (WECS) shall be located within the rear two-thirds (2/3) of a lot and shall comply with any setback requirements in the base district. WECS within residential districts shall be designed and engineered to eliminate guy wires, shall have a base a maximum of four (4) square feet in area, and shall not encroach into required open space. For WECS within a commercial or industrial district, the minimum rear yard setback shall be twenty (20) feet if adjacent to residentially zoned property. The design of any WECS shall not create noise, strobing effect, or similar nuisances that may be detrimental to the immediate area. If the Director determines that a nuisance will be created, he shall designate in writing steps or procedures that must be taken by the property owner or operator to abate the potential nuisance. (b) The height of the highest point of the WECS shall not exceed sixty (60) feet from adjacent grade. The lowest portion of the blades shall be no less than fifteen (15) feet from grade. (c) Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. The application must include a statement by a California 2/94 9633(c)--9634.2(a) Huntington Beach Ordinance Code registered professional engineer (subject to approval by the Director) certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should certify the structural compatibility of the proposed tower and the rotors. (d) The WECS shall be operated such that no disruptive electromagnetic interference is caused. If the Director determines that the system is causing harmful interference, the operator shall promptly mitigate the harmful interference upon written notification, to the satisfaction of the Director. (e) For WECS which will be interconnected to a utility grid, no wind turbine shall be installed until the utility company has approved such installation in writing. A copy of such approval shall be submitted to the Director prior to installation of the wind turbine. The utility company shall be notified of the installation of any WECS whether or not the property owner or operator intends to connect the system to a utility grid. (f) If a WECS is not maintained in operational condition and poses a potential safety hazard (as determined by the Director) , the owner or operator shall take expeditious action to remedy the situation. The City may summarily abate any such hazardous- situation and pass the cost of such abatement on to the owner or operator of the system. If the City determines that the system has been abandoned and poses a safety hazard, such system shall be removed by the owner or operator of the system within thirty (30) days of receipt of written notice. (g) The permittee shall submit an annual statement by a California registered engineer, stating that the system, including base and blades, is in sound working condition and does not pose a hazard to the public health, safety or welfare. (h) The Planning Commission may impose further requirements as deemed necessary due to special or unusual circumstances of the location or proposed installation. (2858-9/86, 2632-8/83) 9634 Child Day Care Facilities. Child day care facilities which provide nonmedical care to children under 18 years of age on less than a 24—hour basis include family day care homes and day care centers. (2957-9/88) 9634.1 Small Family Day Care Homes. A single family residence in which care is provided to six or fewer children shall be considered a permitted use and shall comply with Orange County social services requirements. (2957-9/88) 9634.2 Large Family Day Care Homes. A single family residence in which care is provided to 7 to 12 children shall be subject to the following provisions: (2957-9/88) (a) Seventy—five (75) square feet of outdoor play area per child. Thirty—five (35) square feet of indoor play area per child. Outdoor play area shall be grassed and enclosed by a six (6) foot high masonry wall . Any entry gate shall be securely fastened. I'D 2/94 Huntington Beach Ordinance Code 9634.2(b)--9634.3(f) (b) The total enrollment for the family day care home shall conform to state law. (c) The applicant shall submit clearance from the fire department and a copy of the Orange County social services license, prior to the operation of the family day care home. (d) Such facility shall not be located closer than six hundred (600) feet to another large family day care home. (e) Garages shall not be used as a designated play area or used in calculating minimum square footage in a family day care home. (f) Loading and unloading of children from vehicles shall only be permitted on the driveway, approved parking area or directly in front of the facility. (g) The family day care home shall comply with all applicable requirements of Chapter 8.40, noise control of the municipal code. (h) The Planning Commission reserves the right to revoke the approval of a family day care home if a violation of the conditions of approval occurs. All revocation proceedings shall be preceded by a public hearing. (i ) Approvals for family day care homes are nontransferable and the dwelling unit shall be owner occupied. (j) A minimum of two (2) on-site parking spaces shall be provided in addition to the two (2) required fully enclosed, parking spaces. (1077-8/64, 1670-10/71 , 1836-6/73, 1915-6/74, 1940-10/74, 2113-10/76, 2313-9/78, 2556-7/82, 2889-12/86, 2957-9/88) 9634.3 Day Care Centers. Day care centers including infant centers, preschools, and extended day care facilities shall be subject to the following provisions: (a) Seventy-five (75) square feet of outdoor play area per child. Thirty-five (35) square feet of indoor play area per child. Outdoor play areas shall be grassed and enclosed by a minimum six foot high fence. Fencing may be required to be masonry as determined by the Planning Commission. Any gate entry shall be securely fastened. (2957-9/88) (b) Minimum ten (10%) percent of the parking area shall be landscaped. (c) The total enrollment for the day care center shall be established by the Planning Commission. (d) Fire department clearance shall be obtained prior to the operation of the day care center. (e) Hours of operation shall be established by the Planning Commission. (f) The applicant shall submit a copy of the Orange County social services license prior to the operation of the day care center. 2/94 I 9634.3(g)--9635(h) Huntington Beach Ordinance Code (g) The applicant shall obtain a business license prior to the operation of the day care center. (h) Off-street parking for day care centers shall be one parking space per staff member plus one per classroom. (2957-9/88) (i ) Loading and unloading of children shall only be permitted from approved parking. areas. (j) Children attending the day care centers shall be restricted to designated play areas only, unless supervised by an adult. (k) The day care center shall comply with all applicable requirements of Chapter 8.40, noise control of the municipal code. (1 ) The Planning Commission reserves the right to revoke the approval of a day care center if a violation of the conditions of approval occurs. All revocation proceedings shall be preceded by a public hearing. (1077-8/64, 1670-10/71 , 1836-6/73, 1915-6/74, 1940-10/74, 2113-11 /76, 2313-9/78, 2556-7/82, 2632-8/83, 2889-12/86, ) 9635 Bed and Breakfast Inns. Bed and breakfast inns are subject to the following provisions: (2957-9/88) (a) The use shall be located in a building of residential design having a minimum of 2,000 square feet of residential floor area which has no less than 3 and no more than 6 lodging rooms and one common room available for social interaction and serving of breakfast meal . (2957-9/88) (b) An owner, manager, proprietor or caretaker shall reside on the subject site at all times. (2957-9/88) (c) No cooking facilities shall be permitted in any guest rooms. (2957-9/88) (d) No meals shall be served to guests other than breakfast. Said breakfast, if served, shall be served only to registered overnight guests. (2957-9/88) (e) No guest shall be permitted to rent accommodations or remain in occupancy for a period in excess of fourteen (14) days during any consecutive ninety (90) day period. (2957-9/88) (f) The use may be permitted in any single-family residence in any zone deemed by the City to be of architectural or historical significance and in compliance with the Uniform Building Codes as adopted by the City. (2957-9/88) (g) Parking shall be one enclosed space for owner/manager; one space for each guest room used for sleeping purposes; and one space for visitor parking. (2957-9/88) (h) Signage shall be limited to either one wall sign not more than two (2) square feet in area, or one freestanding sign not more than two (2) square 2/94 I Huntington Beach Ordinance Code 9635(h)--9636. 1 (d) feet in area and not more than 3.5 (three and one-half) feet in height. Sign wording shall be limited to identifying the name and address of the facility. (2957-9/88) (i ) Prior to application, an applicant shall pay the required fee and -request an inspection of the property by the Building Official to determine compliance with current building and zoning codes. The Building Official shall file a written report indicating, if necessary, the nature and amount of work required to have the subject site and structure comply with current codes. (2957-9/88) (j) Prior to commencing the use, a business license and certificate of occupancy shall be obtained. (2957-9/88) 9636 Alcoholic Beverage Sales. A conditional use permit shall be required for any business proposing to sell alcoholic beverages for on-site or off-site consumption. 9636.1 Exceptions. The following uses are exempt from the conditional use permit process. (2987-3/89) (a) Retail markets which have 20,000 square feet or more of floor area and no more than 10% (ten) of the floor area devoted to sales, display, and storage of alcoholic beverages. (2987-3/89) (b) Retail markets with less than 20,000 square feet of floor area, restaurants, bars, and liquor stores which satisfy the following requirements: (2987-3/89) (1 ) The subject property shall be located a minimum 300 (three hundred) feet from any residence, school , church, or public use, i .e. park, hospital , boys/girls club; (2987-3/89) (2) The restaurant shall be licensed by the State of California as a bona fide eating establishment; contain a fully equipped and permanently maintained kitchen; have a bar or lounge area with less floor area than the dining area; and no separate outside entrance to the bar or lounge area; (2987-3/89) (3) Retail markets with less than 20,000 square feet of floor area shall have no signs advertising the sale of alcoholic beverages directed toward persons outside of the building and no more than 10 `/o (ten) of the floor area devoted to sales, display and storage of alcoholic beverages. (2987-3/89) (4) The sale of market goods shall not be carried on in conjunction with the sale of gasoline or other motor vehicle fuel . (2987-3/89) (c) Florists shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (2987-3/89) (d) Temporary Outdoor Events pursuant to section 9731 .64. (2987-3/89) 2/94 s p Huntington Beach Ordinance Code 9636.1 (0--9637.10) 9637 Density bonus and other incentives for the provision of affordable housing for qualifying_residents, lower income and very low income � households. For the purpose of providing affordable housing, a developer of a residential property which is zoned and ge,neral planned to allow five (5) or more dwelling units may request a density bonus and/or other incentive,through a conditional use permit subject to the provisions contained in this section. Density bonus requests pursuant to the provisions contained within this article shall not be denied unless the project is denied in its entirety. (3130-3/92) 9637.1 Definitions. (3130-3/92) (a) "Density Bonus" for the purposes of this article, means an increase in the proposed number of units of twenty—five (25%) percent or greater over the number permitted pursuant to the current' zoning and general plan designation on the property. (3130-3/92) (b) "Other Incentives" are policies, programs or actions taken by the City designed to ensure that the development will be produced at a lower cost. They include, but are not limited to the following: (3130-3/92) (1 ) 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 openspace requirements. (3130-3/92) (2) 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. (3130-3/92) (3) A reduction in development and/or processing fees . (3130-3/92) (4) Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions. (3130-3/92) (5) Financial assistance by the City, i .e. , housing set—aside funds. (3130-3/92) (6) Other incentives mutually agreeable to the City and developers consistent with all City, State and Federal laws , rules, standards, regulations and policies. (3130-3/92) (c) "Moderate income household" A household shall be classified as "moderate income" if annual income is at or below one hundred twenty (120%) percent of Orange County median income as defined by the State of California Department of Housing and Community Development. (3130-3/92) - (d) "Lower income household" A household shall be classified as "lower income" if annual income is at or below eighty (80%) percent of Orange County median income as defined by the State of Californmie Department of Housing and Community Development. (3130-3/92) 2/94 Huntington Beach Ordinance'Code 9637.1 (e)--9637.3(b) (e) "Very low income household" A household shall be classified as "very low income" if annual income is at or below fifty (50%) percent of Orange County median income as defined by the State of Californmie Department of Housing and Community Development. (3130-3/92) (f) "Oualifying Senior Resident" A person shall be classified as a "qualifying senior resident" if he or she is 62 years of age or older. (Section 51 .2 of the California Civil Code.) (3130-3/92) 9637.2 Target rents/mortgage payments. (3130-3/92) (a) For the purposes of this article, units designated for moderate income household shall be affordable at a rent or mortgage payment that does not exceed twenty-five (25%) percent of the ,gross family income. (3130-3/92) (b) For the purpose of this article, units designated for lower income households shall be affordable at a rent or mortgage payment that does not exceed thirty (30%) of sixty (60%) percent of the Orange County median income as defined by the State of California Department of Housing and Community Development. (3130-3/92) (c) For the purpose of this article, those units designated for very low income households shall be affordable at a rent or mortgage payment that does not exceed thirty (30%) percent of fifty (50%) percent of the Orange County median income as defined by the State of California Department of Housing and Community Development. (3130-3/92) 9637.3 Affordability requirements. (3130-3/92) (a) 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: (3130-3/92) (1 ) Provide at least twenty (20%) percent of the total units of the housing development for lower income households; or (3130-3/92) (2) Provide at least ten (10%) percent of the total units of the housing development for very low income households; or (3130-3/92) (3) Provide at least fifty (50%) percent of the total units of the housing development for qualifying (senior) residents. (3130-3/92) 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. (3130-3/92) If a developer is granted a density bonus in excess of twenty-five (25%) percent, those additional units above the twenty-five (25%) percent may be required to be maintained affordable for "moderate income" households. (3130-3/92) (b) Duration of affordability Units required to be affordable as a result of the granting of a density bonus and other incentives shall remain 2/94 e 9637.3(b)--9637.4(a) Huntington Beach Ordinance Code affordable for thirty (30) years. If the City does not grant at least one concession or incentive pursuant to this article 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; (c) 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; (3130-3/92) (d) 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: (3130-3/92) (1 ) The number of and duration of the affordability for the affordable units. (3130-3/92) (2) 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; (3130-3/92) (3) The method in which vacancies will be marketed and filled; (3130-3/92) (4) A description of the location and unit type (bedrooms. floor area, etc.) of the affordable units within the project; and (3130-3/92) (5) Standards for maximum qualifying household incomes and standards for maximum rents or sales prices. (3130-3/92) (e) Pursuant to this article the City shall : (3130-3/92) (1 ) grant a density bonus and at least one of the concessions or incentives identified in section 9637. 1 (b) 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 (3130-3/92) (2) provide other incentives of equal value to a density bonus as provided in Section 65915, et seq. of the California Government Code. The value of the other incentives shall be based on the land cost per dwelling unit. (3130-3/92) 9637.4 Procedure. (3130-3/92) (a) 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 "D written narrative supporting the application: (3130-3/92) 2/94 Huntington Beach Ordinance Code 9637.4(a)(1 )--9637.5(a) (1 ) 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; (3130-3/92) (2) A calculation of the density bonus allowed pursuant to California Government Code Section 65915.5(b) , which is an increase in units of at least twenty-five (25%) percent over the number of units permitted under existing zoning and general plan designation; (3130-3/92) (3) In the case that the developer requests the City to modify development standards as an other 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. (3130-3/92) (4) 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. (3130-3/92) (b) All subsequent City review of and action on the applicant' s proposal for a density bonus and/or consideration of any requested other incentives shall occur in a manner concurrent with the processing of the conditional use permit and any other required entitlements, if any. If the developer proposes that the project not be subject to impact fees or other fees regularly imposed on a development of the same type, final approval will be by the City Council . (3130-3/92) (c) The Planning Commission/City Council shall review the subject Affordability Agreement concurrently with the development proposal . No project shall be deemed approved until the Affordability Agreement has been approved by the appropriate reviewing body. (3130-3/92) (d) 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 article, of providing affordable housing for qualifying residents , lower or very low income households in residential projects. (3130-3/92) (e) 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. (3130-3/92) 9673.5 Required findings for approval . (3130-3/92) (a) Density bonus. In granting a conditional use permit for a density bonus, the Planning Commission/City Council shall make all of the following findings: (3130-3/92) 2/94 9637.5(a)(1 )--9638(a) Huntington Beach Ordinance Code (1 ) 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. (3130-3/92) (2) 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. (3130-3/92) (3) The proposed project which includes a density bonus is compatible with the physical character of the surrounding area. (3130-3/92) (4) The proposed project which includes a density bonus is consistent with the overall intent of the General Plan. (3130-3/92) (b) 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. (3130-3/92) In granting any other incentives as defined in this article, the Planning Commission/City Council shall be required to make all of the following findings: (3130-3/92) (1 ) The granting of the proposed other incentive(s) will not have an adverse impact on the physical character of the surrounding area. (3130-3/92) (2) The granting of the proposed other incentive(s) is consistent with the overall intent of the General Plan. (3130-3/92) (3) 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. (3130-3/92) (4) The granting of the proposed other incentive(s) will not be injurious to property or improvements in the vicinity. (3130-3/92) (5) The granting of the proposed other incentive(s) will not impose an undue financial hardship on the City. (3130-3/92) (6) 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. (3130-3/92) 9638 Indoor swap meets/flea markets. The establishment and operation of occasional , periodic or regularly scheduled markets held within a building where groups of individual vendors offer goods for sale to the public shall be subject to the following provisions: (3226-2/94) (a) Temporary Use. Indoor swap meet/flea market uses shall be permitted as temporary uses only and shall not be approved for a period of more than ten (10) years. One year extensions of time may be granted after public hearing by the Planning Commission. (3226-2/94) 2/94 Huntington Beach Ordinance Code 9638(b)--9638(e)(3) (b) Locational Considerations: The Planning Commission shall consider the following issues when evaluating a proposed conditional use permit: (3226-2/94) (1 ) The site' s proximity to residences, schools, hospitals and other noise sensitive uses. (3226-2/94) (2) The potential adverse impacts on traffic circulation and pedestrian safety. (3226-2/94) (3) The site' s proximity to other indoor swap meets/flea markets to avoid over concentration of facilities. (3226-2/94) (4) The site' s proximity to businesses processing hazardous materials. (3226-2/94) (c) Locational Criteria. (3226-2/94) (1 ) Indoor swap meet/flea market uses shall only be allowed on property located adjacent to arterial streets. (3226-2/94) (d) Minimum Building Size. (3226-2/94) (1 ) Minimum building gross floor area shall be one hundred thousand (100,000) square feet. (3226-2/94) (e) Miscellaneous Requirements . (3226-2/94) (1 ) Ancillary Uses. Ancillary uses may be permitted as included on the approved site plan. Such uses shall be included as part of the initial conditional use permit request or shall be subject to new entitlement if proposed after the initial application has been filed. (3226-2/94) (2) Signs. Individual vendors shall not be permitted any outdoor signs, including temporary signs. Signs shall comply with the standards outlined in this code. (3226-2/94) (3) Parking. Parking shall comply with the standards outlined in this code. (3226-2/94) 2/94 i City Clerk' s Office ------------(FC) -- ( 5 ) ----------- City Atty' s book/chamber Counter Records Manager Legislative drawer Codification ME d'9 (Effective 1/19/94) Distributed by the Office of the City Clerk, Records Division Please Add to Code Please Remove from Code ---- Chapter 1.13 Chapter 2.05 Chapter 2.07 Chapter 2.32 Chapter 2.32 Chapter 2.76 Chapter 2.76 Questions regarding these updates? Call Laura Nelson, Deputy City Clerk at (714) 374-1559 Huntington Beach Municipal Code 1 .13.010--1 .13.050 r CHAPTER 1 .13 FISCAL YEAR (3199-1 /94) Sections: 1 .13.010 Established 1 .13.020 First Interim Term 1 .13.030 Second Interim Term 1 . 13.040 Third Interim Term 1 .13.050 Term 1 .13.010 Established. A New Chapter Section 1 .13 is hereby enacted and inserted in Title 1 , General Provisions of the Huntington Beach Municipal Code. (3199-1/94) 1 .13.020 First Interim Term. That fiscal year 1992/93 will occur July 1st, 1992 through July 30, 1993. (3199-1/94) 1 .13.030 Second Interim Term. A one—time fifteen (15) month fiscal year will begin on July 1 , 1993, and will end on September 30, 1994. (3199-1/94) 1 .13.040 Third Interim Term-. A normal 12 month fiscal year will begin on October 1 , 1994, and end on September 30, 1995. (3199-1/94) 1 .13.050 Term. Continuing thereafter, the city' s fiscal year will begin on October 1st and end on September 30th. (3199-1/94) 1 /94 Huntington Beach Municipal Code 2.32.010--2.32.030 Chapter 2.32 .- DEPARTMENT OF COMMUNITY DEVELOPMENT (652-11/56, 1814-3/73, 2217-10/77, 2330-1/79, 3222-1/94) Sections: 2.32.010 Department established 2.32.020 Director--Appointment 2.32.030 Director--Powers and duties 2.32.010 Department established. There is hereby created the Department of Community Development of the City of Huntington Beach. (652-11/56, 2330-1 /79) 2.32.020 Director--Appointment. The Director of Community Development shall be the head of the department and such director shall be appointed by the City Administrator, subject to approval by a majority vote of the full City Council . (652-11/56, 1814-3/73, 2330-1/79, 3220-1/94) 2.32.030 Director--Powers and duties. (a) The Director of Community Development shall be responsible for the administration and enforcement of the following: (3220-1/94) (1 ) Huntington Beach Building Code (Chapter 17.04) (2) Huntington Beach Housing Code (Chapter 17.08) (3) Moving of Buildings (Chapter 17.20) (4) Driveways and Parking Areas (Chapter 17.20) (5) Sun Decks and Windscreens (Chapter 17.24) (6) Trailer Parks (Chapter 17.36) (7) Huntington Beach Code for Abatement of Dangerous Buildings (Chapter 17.12) (8) Huntington Beach Electrical Code (Chapter 17.46) (9) Huntington Beach Mechanical Code (Chapter 17.40) (10) Huntington Beach Plumbing Code (Chapter 17.44) (11 ) Huntington Beach Oil Code (Title 15) (12) Standing Water--Fences (Chapter 8.32) (13) Rubbish Abatement (Chapter 8.36) (14) Inoperable Vehicles (Chapter 8.48) (71 (15) Planning laws (Huntington Beach Ordinance Code (16) Zoning regulations (Huntington Beach Ordinance Code) 1/94 6! 4 2.32.030(a)(17)--2.32.030(c) Huntington Beach Municipal Code (17) State and local environmental regulations (b) In addition to the foregoing, the Director of Community Development shall perform other acts or duties, not inconsistent with the City Charter, as may be required by the City Council or the laws of the state of California. (3220-1/94) (c) Whenever in this code, the Huntington Beach Ordinance Code, or any resolution, adopted by the City Council , reference is made to the departments of building and community development, planning, and environmental resources and/or the directors of such departments, such references shall mean the Department of Community Development and the Director of Community Development. (1814-3/73, 2217-10/77, 2330-1/79, 3220-1/94) I I 1/94 ' I 1 2 . 32. 010--2.32.030 Chapter 2 .32 DEPARTMENT OF DEVELOPMENT SERVICES Sections : 2 .32 .010 Department established. 2 .32.020 Director--Appointmentl 2. 32. 030 Director--Powers and duties. 2 .32.010 Department established. There is hereby created the department of development services of the city of Huntington Beach. (Ord. 2330, 3 Jan 79; Ord. 652, 11/56) 2.32.020 Director--Appointment . The director of develop- ment services shall be the headf-the department of develop- ment services, and such director shall be appointed by the city administrator, subject to approval by a majority vote of the full city council. (Ord. 2330, 3 Jan 79; Ord. 1814, 3/73; Ord. 652, 11/56) 2.32.030 Director--Powers and duties. ( a) The director of development services shall be responsible for the adminis- tration and enforcement of the following: ( 1) Huntington Beach Building Code (Chapter 17. 04) (2) Huntington Beach Housing Code (Chapter 17.08) (3) Moving of Buildings (Chapter 17. 20) (4) Driveways and Parking Areas ( Chapter 17. 20) ( 5) Sun Decks and Windscreens ( Chapter 17.24) (6) Trailer Parks (Chapter 17. 36) ( 7) Huntington Beach Code for Abatement of Dangerous Buildings (Chapter 17. 12) (8) Huntington Beach Electrical Code (Chapter 17.46) ( 9) Huntington Beach Mechanical Code (Chapter 17.40) ( 10) Huntington Beach Plumbing Code (Chapter 17.44) 26 F S 2 .32 .030 ( 11) Huntington Beach Oil Code (Title 15) (12) Standing Water--Fences (Chapter 8. 32) ( 13) Rubbish Abatement (Chapter 8.36) ( 14) Inoperable Vehicles (Chapter 8.48) ( 15) Planning laws (Huntington Beach Ordinance Code ( 16) Zoning regulations (Huntington Beach Ordinance Code) ( 17) State and local environmental regulations (b) In addition to the foregoing, the director of develop- ment services shall perform other acts or duties, not inconsis- tent with the city Charter, as may be required by the city council or the laws of the state of California. (c) Whenever in this code, the Huntington Beach Ordinance Code, or any resolution, adopted by the city council, reference is made to the departments of building and community develop- ment, planning, and environmental resources and/or the direc- tors of such departments, such references shall mean the de- partment of development services and the director of develop- ment services . (Ord . 2330, 3 Jan 79; Ord, 2217, 10/77; Ord. 1814, 3/73) i I 27 Huntington Beach Municipal Code 2.76.010--2.76.040 Chapter 2.76 1� „ COMPETITIVE SERVICE REGULATIONS (1225-8/66, 1642-6/71 , 3088-1/91 , 3221-1/94) Sections• 2.76.010 Exclusions from competitive service 2.76.020 City employees--Political activity restricted 2.76.030 Soliciting campaign contributions from other employees 2.76.040 City offices barred from contribution notices 2.76.050 Compliance with bar on governmental premises 2.76.060 Exception to section 2.76.040 2.76.070 Use or threat to use political authority or influence 2.76.080 Political activity prohibited while in uniform 2.76.090 Non-exempt employees--Prohibited election activities. 2.76.010 Exclusions from competitive service. Pursuant to Section 403 of the City Charter, it is declared that all departments and appointive officers and employees of the City are included within the personnel system and the competitive service except: (3088-1/91 ) (a) Elective officers; (3088-1/91 ) (b) City Administrator; (3088-1/91) (c) Assistant City Administrator; (3088-1/91 ) (d) Members of appointive boards, commissions and committees; (3088-1/91 ) (e) Persons engaged under contract to supply expert, professional , technical or other services; (3088-1/91 ) (f) Emergency employees who are hired to meet the immediate requirements of the emergency; (3088-1/91 ) (g) Employees who are employed to work a regular schedule of less than 1040 hours in any fiscal year; (3088-1/91 ) (h) Temporary employees. (1225-8/66, 1642-6/71 , 3088-1/91 ) (i ) Appointive Department Heads. (3122-1 /94) 2.76.020 City employees--Political activity restricted. This chapter applies to all officers and employees of the competitive service. (1225-8/66) 2.76.030 Soliciting campaign contributions from other employees. An officer or employee of`the City shall not, directly or indirectly, solicit or receive political funds or contributions, knowingly, from other officers or employees of the City or from persons on the employment lists of the City. (1225-8/66) 2.76.040 City officers barred from contribution notices. Every officer or employee of the City shall prohibit the entry into any place under his control , occupied and used for the governmental purposes of the City, of any person for the purpose of therein making, or giving notice of any political assessment, subscription or contribution. (1225-8/66) 1 /94 f 2.76.050--2.76.090 Huntington Beach Municipal Code Z 76 050 Compliance with bar on governmental premises. A person shall not enter or remain in any such place described in section 2.76.040 for the purpose of therein making, demanding or giving notice of any political assessment, subscription or contribution. (1225-8/66) 2.76.060 Exception to section 2.76.040. This chapter shall not apply to any auditorium or other place used for the conduct of public or political rallies or similar events, nor to any park, street, public land or other place not being used for the governmental purposes of the City. (1225-8/66) 2.76.070 Use or threat to use political authority or influence. No one who holds, or who is seeking election or appointment to any office or employment in the City shall , directly or indirectly, use, promise, threaten or attempt to use, any office, authority or influence, whether then possessed or merely anticipated, to confer upon, secure for any person or to aid or obstruct any person in securing or to prevent any person from securing any position, nomination, confirmation, promotion, change in compensation or position, within the City, upon consideration or condition that the vote or political influence or action of such person or another shall be given partly or upon any other corrupt condition or consideration. (1225-8/66) 2.76.080 Political activity prohibited while in uniform. No officer or employee of the City shall participate in political activities of any kind while he is in uniform. (1225-8/66) 2.76.090 Nonexempt employees--Prohibited election activities. No officer or employee whose position is not exempt from the operation of the personnel system of the City shall take an active part in any campaign for or against any candidate, except himself, for an officer of such City, or for or against any ballot measure relating to the recall of any elected official of the City. (1225-8/66) 1/94 i 2.76.010--2.76.040 Chapter 2.76 Q COMPETITIVE SERVICE REGULATIONS (� (1225-8/66, 1642-6/71 , 3088-1/91 ) Sections• 2.76.010 Exclusions from competitive service. 2.76.020 City employees--Political activity restricted. 2.76.030 Soliciting campaign contributions from other employees. 2.76.040 City offices barred from contribution notices. 2.76.050 Compliance with bar on governmental premises. 2.76.060 Exception to section 2.76.040. 2:76.070 Use or threat to use political authority or influence. 2.76.080 Political activity prohibited while in uniform. 2.76.090 Non-exempt employees--Prohibited election activities. 2.76.010 Exclusions from competitive service. Pursuant to Section 403 of the City Charter, it is declared that all departments and appointive officers and employees of the City are included within the personnel system and the competitive service except: (3088-1/91 ) (a) Elective officers; (3088-1/91 ) (b) City Administrator; (3088-1/91 ) (� (c) Assistant City Administrator; (3088-1/91 ) l (d) Members of appointive boards, commissions and committees; (3088-1 /91 ) (e) Persons engaged under contract to supply expert, professional , technical or other services; (3088-1/91 ) (f) Emergency employees who are hired to meet the immediate requirements of the emergency; (3088-1/91 ) (g) Employees who are employed to work a regular schedule of less than 1040 hours in any fiscal year; (3088-1/91 ) (h) Temporary employees. (1225-8/66, 1642-6/71 , 3088-1 /91 ) 2.76.020 City employees--Political activity restricted. This chapter applies to all officers and employees of the competitive service. (1225-8/66) 2.76.030 Soliciting campaign contributions from other employees. An officer or employee of the City shall not, directly or indirectly, solicit or receive political funds or contributions, knowingly, from other officers or employees of the City or from persons on the employment lists of the City. (1225-8/66) 2.76.040 City officers barred from contribution notices. Every officer or employee of the City shall prohibit the entry into any place under his control , occupied and used for the governmental purposes of the City, of any (� person for the purpose of therein making, or giving notice of any political `- assessment, subscription or contribution. (1225-8/66) 1 /91 2.76.050--2.76.090 2.76.050 Compliance with bar on governmental premises. A person shall not ,r enter or remain in any such place described in section 2.76.040 for the purpose of therein making, demanding or giving notice of any political assessment, subscription or contribution. (1225-8/66) 2.76.060 Exception to section 2.76.040. This chapter shall not apply to any auditorium or other place used for the conduct of public or political rallies or similar events, nor to any park, street, public land or other place not being used for the governmental purposes of the City. (1225-8/66) 2.76.070 Use or threat to use political authority or influence. No one who holds, or who is seeking election or appointment to any office or employment in the City shall , directly or indirectly, use, promise, threaten or attempt to use, any office, authority or influence, whether then possessed or merely anticipated, to confer upon, secure for any person or to aid or obstruct any person in securing or to prevent any person from securing any position, nomination, confirmation, promotion, change in compensation or position, within the City, upon consideration or condition that the vote or political influence or action of such person or another shall be given partly or upon any other corrupt condition or consideration. (1225-8/66) 2.76.080 Political activity prohibited while in uniform. No officer or employee of the City shall participate in political activities of any kind while he is in uniform. (1225-8/66) 2.76.090 Nonexempt employees--Prohibited election activities. No officer or employee whose position is not exempt from the operation of the personnel system of the City shall take an active part in any campaign for or against any candidate, except himself, for an officer of such City, or for or against any ballot measure relating to the recall of any elected official of the City. 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I — tc s,�E;�i::`m' xmE•°x^t. -,�=,,,>;--., �_ttx x.x«.x>�r._,tr.:,�x.-_,.._•at':_:•x:a;_st:x:.��«?�:,t-.<,�,,x...',�.,..._:.,. .<.,«_.�«:'xt,.:_.t,..«.,;..x.,.. .•,:a-,' 't-.`.?t:'.t...t a'a;<" ,:tE:E... ,-:'"e't'�:y34= ::tt'Etr,Eti�_'=sa3��c �.'-vx.:sst... t�,�:Wtc-�tw_-.:-._—<.�'<'=.:c-as�...".x;e*xuaro-a-->:__r'.:'ti«t:t- .,.._... .:-a:.-'.«...,, ,-'j-::•e:•i.:t:.a« Y..t;.�'.a; .�zT<.H<.. � ... -Q:.,f•.- �$,,�. _ .. (Effective 12/20/93 ) Distributed by the Office of the City Clerk, Records Division Please Remove from Code Please Add to Code Chapter 2.05 Chapter 2.07 < S � Questions regarding these updates? Call Laura Nelson, Deputy City Clerk at (714) 374-1559 Huntington Beach Municipal Code 2.07.010--2.07.030 CHAPTER 2.07 CAMPAIGN REFORM (3220-12/93) Sections: Name 2.07.020 Purpose 2.07.030 Relation to Political Reform Act of 1974 2.07.040 Definitions 2.07.050 Campaign contribution limitations 2.07.060 Aggregation of contributions 2.07.070 Election cycle 2.07.080 Prohibition on multiple campaign committees 2.07.090 Prohibition on transfers 2.07.100 Loans to city candidates and elective city officers and their controlled committee 2.07.110 Money received by officials treated as contributions 2.07. 120 Solicitation of contributions from persons who have city business dealings 2.07.130 Transmittal of campaign contributions in city office buildings 2.07. 140 Disclosure of occupation and employer 2.07.150 Reporting of cumulative contributions 2.07. 160 Reporting of late contributions 2.07.170 Criminal misdemeanor actions 2.07.180 Civil actions 2.07.190 Injunctive relief 2.07.200 Cost of litigation 2.07.210 Statute of limitations 2.07.220 Applicability of other laws 2.07.230 Severability 2.07.240 Interpretation of chapter 2.07.250 Amendments and additional requirements 2.07.260 Effective date 2.07.010 Name. This Chapter shall be known and may be cited as the "City of Huntington Beach Campaign Reform Law." (3220-12/93) 2.07.020 Purpose. The purpose of this Chapter is to ensure that the financial strength of certain individuals or organizations does not permit them to exercise a disproportionate or controlling influence on the election of City candidates. To achieve such purpose, this Chapter is designed to reduce the influence of large contributions, to ensure that multiple contributions in excess of the contribution limits do not originate from the same source of funds, to ensure that individuals and interest groups continue to have a fair and equal opportunity to participate in electing City candidates, and to maintain public trust in governmental institutions and the electoral process. (3220-12/93) 2.07.030 Relation to Political Reform Act of 1974. This Chapter is intended to supplement the Political Reform Act of 1974. Unless the term is specifically defined in this Chapter, or the contrary is stated or clearly appears from the context, words and phrases shall have the same meaning as when they are used in Title 9 of the California Government Code, in which the Political Reform Act of 1974 is codified, as the same may be, from time to C; time amended. (3220-12/93) 12/93 1J 2.07.040--2.07.060(b) Huntington Beach Municipal Code 2.07.040 Definitions. (3220-12/93) (a) "City Candidate" means any person who is a candidate for the city Council , City Clerk, City Treasurer, or City Attorney of the City of Huntington Beach. (3220-12/93) (b) "Elective City Officer" means any person who is Mayor, a member of the City Council , City Clerk, City Treasurer, or City Attorney of the City of Huntington Beach, whether appointed or elected. (3220-12/93) (c) "Non-elected City Official " means any person who is a member of a City of Huntington Beach board, committee, or commission, and who is not elected to that position. (3220-12/93) 1 (d) "Person" means an individual , proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, and any other organization or group of persons acting in concert. (3220-12/93) 2.07.050 Campaign contribution limitations. (3220-12/93) (a) No person shall make to any City candidate or the controlled committee of any such City candidate,._ and no such candidate or committee shall accept from any such person, a contribution or contributions totaling more than: (3220-12/93) (1) Three hundred dollars ($300.00) in a City Council , City Clerk, City Treasurer, or City Attorney election cycle; or (3220-12/93) (2) Two hundred dollars ($200.00) in a recall election cycle. (3220-12/93) (b) Any person or committee, during the twelve (12) months preceding a City election, that makes independent expenditures or incurs obligations supporting or opposing city candidate(s) shall not accept any contribution(s) from any person in excess of the amounts set forth in Section 2.07.050(a) during the applicable time periods as set forth in Section 2.07.070 of this Chapter. (3220-12/93) (c) The provision of this section shall not apply to a candidate' s contribution of his or her personal funds to his or her own campaign committee. (3220-12/93) 2.07.060 Aggregation of contributions. For purposes of the limitations in this Chapter, the following shall apply: (3220-12/93) (a) All contributions made by a sponsored committee to a City candidate or to an elective City officer (or to a committee controlled by such candidate or officer) shall be combined with those contributions made by the sponsor(s) of the committee and the combined amount shall not exceed the contribution limits specified in Section 2.07.050 within the applicable time periods set forth in Section 2.07.070 of this Chapter. (3220-12/93) (b) Two (2) or more entities shall be treated as one person when any of the following circumstances apply: (3220-12/93) 12/93 1 � Huntington Beach Municipal Code 2.07.060(b)(1 )--2.07.070(b)(Example 1) (1 ) The entities share the majority of members of their boards of directors. (3220-12/93) (2) The entities share two (2) or more officers. (3220-12/93) (3) The entities are owned or controlled by the same majority shareholder or shareholders. (3220-12/93) (4) The entities are in a parent-subsidiary ,relationship. (3220-12/93) (c) An individual and any general or limited partnership in which the individual has a ten (10%) percent or more share, or an individual and any corporation in which the individual owns a controlling interest (fifty (50%) percent or more,) shall be,treated as one person. (3220-12/93) (d) No committee which supports or opposes a City candidate shall have as a majority of its officers individuals who serve as the majority of officers on any other committee which supports or opposes the same City candidate. No such committee shall act in concert with or solicit or make contributions on behalf of any other committee. This subdivision shall not apply to treasurers of committees if these treasurers do not participate in or control in any way a decision on whether the candidate or candidates receive contributions. (3220-12/93) (e) Contributions by children under eighteen (18) years of age shall be treated as contributions by their parents. (3220-12/93) 2.07.070 Election cycle. (3220-12/93) (a) City Council , City Clerk, City Treasurer, and City Attorney Elections. For purposes of the limits of this Chapter, as applied to elections for City Council , City Clerk, City Treasurer, and City Attorney, the final date for contributions shall be December 31 of the year in which the election for the open position was held. Contributions made after the final date shall be deemed contributions for the next election cycle. (3220-12/93) (b) Examples of the Election Cycle. January 1 , 1987, to December 31 , 1990, was the "Election Cycle" for the 1990 election. Pursuant to Section 2.07.070 Election Cycle, the four (4) year period for purposes of applying the interpretation of the Campaign Ordinance Election Cycle 2.07.070(a) shall be as follows: (3220-12/93) Example 1 . (3220-12/93) 1992 Election Cycle - Three Council Seats and City Clerk and City Treasurer: January 1 , 1989 - December 31 , 1992. 1 . The. "last election" was November 1988, 2. December 31 , 1988, was the last or final date for receipt of campaign contributions for the 1988 election. 3. January 1 , 1989, began the election cycle for the 1992 election. 4. December 31 , 1992, ended the election cycle for the 1992 election. 1 12/93 a 2.07.070(b)(Example 2)--2.07.080 Huntington Beach Municipal Code Example 2. (3220-12/93) 1994 Election Cycle - Four (4) Council Seats and City Attorney: January 1 , 1991 - December 31 , 1994. (1 ) The "last election" was November 1990. (2) December 31 , 1990, was the last or final date for receipt of campaign contributions for the 1990 election. (3) January 1 , 1991 , began the election cycle for the 1994 election. (4) December 31 , 1994, ends the election cycle for the 1994 election. Example 3. (3220-12/93) 1996 Election Cycle - Three (3) Council ,Seats and City Clerk and City Treasurer: January 1 , 1993 - December 31 , 1996. (1 ) The "last election" was November 1992. (2) December 31 , 1992, was the last or final date for receipt of campaign contributions for the 1992 election. (3) January 1 , 1993, began the election cycle for the 1996 election. (4) December 31 , 1996, ends the election cycle for the 1996 election. (c) Recalls. For purposes of the limits of this Chapter, campaign contributions made at any time after a committee has been formed, pursuant to the provisions of the Political Reform Act, in support of a recall election or after the City Clerk has approved a recall petition for circulation and gathering of signatures, whichever occurs first, shall be considered contributions during a recall election cycle. A r� recall election cycle shall end whenever any of the following occur: (3220-12/93) i (1) The recall proponents fail to return signed petitions to the City Clerk within the time limits set forth in the California Elections Code. (3220-12/93) I ' (2) All committees formed in support of the recall have been terminated pursuant to the provisions of the Political Reform Act. (3220-12/93) (3) Ten (10) days after a recall election has been held. (3220-12/93) This section shall be interpreted to allow the maximum amount which can be contributed by any person to any candidate or anyone who has been a candidate, during a four (4) year period, to be the maximum amount specified in Section 2.07.050. (3220-12/93) . 2.07.080 Prohibition on multiple campaign committees. A City candidate or an elective City officer shall have no more than one campaign committee which shall have only one bank account out of which all qualified campaign and office holder expenses related to that City office shall be made. This section does not prevent a City candidate or an elective City officer from establishing another campaign committee solely for the purpose of running for a state, federal , local , or other City office. This section also does not prevent an elective City officer from establishing another campaign committee solely for the purpose of opposing his or her own recall . (3220-12/93) 12/93 �� Huntington Beach Municipal Code 2.07.090--2.07.100(f) 2.07.090 Prohibition on transfers. (3220-12/93) (a) No funds may be transferred into any city candidate or elective city officer' s campaign committee from any other campaign committee controlled by a candidate (including said City candidate) or by an elective City officer (including said elective City officer. ) (3220-12/93) (b) No City candidate and no committee controlled by a City candidate or elective City officer shall make any contribution to any other City candidate running for office or to any committee supporting or opposing a City candidate for elective City office, nor to any committee supporting or opposing a recall of an elective City officer. This section shall not prohibit a City candidate from making a contribution from his or her own personal funds to his or her own candidacy or to the candidacy of any other candidate for elective City office. (3220-12/93) The provision of this section shall not apply to the candidate or elected officer who forms a new committee for purposes of reelection to the same office and, to close out the prior committee, transfers the money or debt from the prior committee to the new committee and, in so doing, complies with all regulations of the political Reform Act of 1974, and as amended. (3220-12/93) 2.07.100 Loans to city candidates and elective city officers and their controlled committee. (3220-12/93) (a) A loan shall be considered a contribution from the maker and the guarantor of the loan and shall be subject to the contribution limitations of this Chapter. (3220-12/93) (b) Every loan to a City candidate or elective City officer or their controlled committees shall be by written agreement which shall be filed with the candidate' s or committee' s Campaign Statement on which the loan is first reported. (3220-12/93) (c) The proceeds of a loan made to a City candidate or elective City officer by a commercial lending institution in the regular course of business on the same terms available to members of the public shall not be subject to the contribution limitations of this Chapter if the loan is made directly to the City Candidate or elective City officer or his or her controlled committee. The guarantors of such a loan shall remain subject to the contribution limits of this Chapter. (3220-12/93) (d) Extensions of credit (other than loans pursuant to Section 2.07.100(c)) for a period of more than thirty (30) days are subject to the contribution limitations of this Chapter. (3220-12/93) (e) This section shall apply only to loans and extensions of credit used or intended for use for campaign purposes or which are otherwise connected with the holding of public office. (3220-12/93) (f) The monetary limitations or provisions of this section shall not apply to a candidate' s loan of his or her personal funds to his or her own campaign committee. (3220-12/93) 12/93 2.07. 110--2.07. 160 Huntington Beach Municipal Code 2.07.110 Money received by officials treated as contributions. Any funds, property, goods or services , other than government funds, received by elective City officers which are used, or intended by the donor or by the recipient to be used, for expenses (including legal expenses) related to holding public office, shall be considered campaign contributions and shall be subject to the limitations of this Chapter. Reimbursement for reasonable travel expenses related to holding public office shall be excluded from the provisions of this section. (3220-12/93) 2.07.120 Solicitation of contributions from persons who have city business dealings. No non-elected City official or City employee shall solicit, direct or receive a campaign contribution from any person, or his or her agent, who has a proceeding involving legislative or administrative action pending before the City official or employee or has had such a matter pending during the preceding twelve (12) months. This section does not apply to a non-elected City official or City employee who is a City candidate acting in furtherance of his or her own controlled committee. (3220-12/93) 2.07.130 Transmittal of campaign contributions in city office buildings. (3220-12/93) (a) No person shall receive or personally deliver or attempt to deliver a contribution in any office which the City owns or for which the City pays the majority of the rent. (3220-12/93) (b) For purposes of this section: (3220-12/93) (1 ) "Personally deliver" means delivery of a contribution in person or causing a contribution to be delivered in person by an agent or intermediary, other than the United States mail . (3220-12/93) (2) "Receive" includes the precept of a campaign contribution delivered in person. (3220-12/93) 2.07.140 Disclosure of occupation and employer. No campaign contribution shall be deposited into a campaign bank account of a City candidate or elective City officer unless the disclosure information required by the Political Reform Act, including the name, address, occupation and employer of the contributor, or, if self employed, name of business, is on file in the records of the recipient of the contribution. This information is to be reported on each Campaign Statement required to be filed by the Political Reform Act. (3220-12/93) 2.07.150 Reporting of cumulative contributions. A cumulative contribution for each contributor shall be based on an election cycle and shall be reported on each Campaign Statement required to be filed by the Political Reform Act. (3220-12/93) 2.07.160 Reporting of late contributions. Notwithstanding the limit contained in California Government Code Section 320, late expenditures or contributions in excess of two-hundred dollars ($200.00) shall be reported to the City Clerk within twenty-four (24) hours of the contribution or expenditure. (3220-12/93) 12/93 Huntington Beach Municipal Code 2.07.170--2.07.180(d) 2.07.170 Criminal misdemeanor actions. (3220-12/93) (a) Any person who willfully violates any provision of this Chapter is guilty of a misdemeanor. Any person who willfully causes or solicits any other person to violate any provision of this Chapter, or who aids and abets any other person in the violation of any provision of this Chapter, shall be liable under the provisions of this section. (3220-12/93) (b) No person convicted of a misdemeanor under this Chapter shall be a candidate for an elective City office or act as a City contractor for a period of four (4) years following the date of the conviction unless the court at the time of sentencing specifically determines that this provision shall not be applicable. A plea of nolo contendere shall be deemed a conviction for purposes of this section. (3220-12/93) 2.07.180 Civil actions. (3220-12/93) (a) Any person who intentionally or negligently violates any provision of this Chapter shall be liable in a civil action brought by the City Attorney or by a person residing within the jurisdiction for an amount not more than three (3) times the amount the person failed to report properly or unlawfully contributed, expended, gave or received, or $5,000 per violation, whichever is greater. (3220-12/93) (b) If two (2) or more persons are responsible for any violation, they shall be jointly and severally liable. (3220-12/93) (c) Any person, other than the City Attorney, before filing a civil action pursuant to this subdivision, shall first file with the City Attorney a written request for the City Attorney to commence the action. The request shall contain a statement of the grounds for believing a cause of action exists. The City Attorney, within thirty (30) days of receipt of the request, shall conduct an initial inquiry into the merits of the complaint. If the City Attorney determines in good faith that additional time is needed to examine the matter further, the complaining party shall be notified and the City Attorney shall automatically receive an additional sixty (60) days in order to determine the merits of the complaint. At the end of sixty (60) days, the City Attorney shall inform the complaining party whether the City Attorney intends to file a civil action or is conducting a criminal investigation. If the City Attorney indicates in the affirmative and files a civil action or criminal charges within thirty (30) days thereafter, no other action may be brought unless the action brought by the City Attorney is dismissed without prejudice. (3220-12/93) (d) In determining the amount of liability, the court may take into account the seriousness of the violation and the degree of culpability of the defendant. If a judgment is entered against the defendant or defendants in an action, the plaintiff shall receive fifty percent (50%) of the amount recovered. The remaining fifty percent (50%) shall be deposited into the City' s General Fund. In an action brought by the City Attorney, the entire amount shall be paid to the General Fund. (3220-12/93) 12/93 i 1 q R i r , 2.07. 180(e)--2.07.260 Huntington Beach Municipal Code (e) The term "City Attorney" as used in this section and Section 2.07.190 shall mean and refer to the City Attorney of the City of Huntington Beach -� or such other legal counsel as appointed by the City Attorney or City Council . (3220-12/93) 2.07.190 Injunctive relief. Any person residing in the jurisdiction, including the City Attorney, or such other legal counsel for the City as appointed by the City Attorney or City Council , may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this Chapter. (3220-12/93) 2.07.200 Cost of litigation. The court may award to plaintiff, other than a public agency, who prevails in any action authorized by this Chapter, his or her costs of litigation. (3220-12/93) 2.07.210 Statute of limitations. Civil actions and/or criminal prosecutions for violations of any provision of this Chapter shall be commenced within four (4) years after the date on which the violation occurred. (3220-12/93) 2.07.220 Applicability of other laws. Nothing in this Chapter shall exempt any person from applicable provisions of any other laws of this state or jurisdiction. (3220-12/93) 2.07.230 Severability. If any provisions of this Chapter, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this Chapter, to the extent it can be given effect, or the application of such provision to persons or circumstances other 1 than those as to which it is held invalid, shall not be affected thereby, and to this extent the provisions of this Chapter are severable. (3220-12/93) 2.07.240 Interpretation of chapter. This Chapter should be liberally construed to accomplish its purposes. (3220-12/93) 2.07.250 Amendments and additional requirements. The City Council shall review the contribution limitations contained in this Chapter in January of every fourth (4th) year commencing in 1998 and determine whether such limitations shall be increased, decreased, or remain the same. In the event the City Council determines that such limitations should be amended, it shall do so by holding a public hearing and adopting an ordinance reflecting such amendments. (3220-12/93) 2.07.260 Effective date. The provision of this Chapter shall become effective upon adoption, pursuant to Huntington Beach City Charter Section 500(e)(1 ) . (3220-12/93) 12/93 2 . 05 .010--2. 05 . 040 Chapter 2 .05 LIMITATIONS ON CAMPAIGN ,CONTRIBUTIONS AND REPORTING OF LATE CAMPAIGN CONTRIBUTIONS Sections : 2. 05 .010 Definitions . 2 .05 .020 Limitations on contributions--Individual . 2 .05:030 Limitations on contributions--Independent committee (PAC) . 2 .05 .040 Reporting of late contributions . 2. 05 .050 Calendar year. 2.05 .060 Review of campaign statements . 2.05 .070 Severance. 2 .05 .080 Penalty--Misdemeanor . 2.05 .010 Definitions . Unless the context otherwise re- quires, the definitions set forth in Chapter 2 of Title 9 of the California Government Code (Political Reform Act ) shall govern the interpretation of this chapter . (Ord. 2507, 4 Nov 81 ) 2. 05 .020 Limitations on contributions--Individual . No contributor shall make contributions in support of any candi- dacy or to any controlled committee with respect to any elec- tion, and no candidate shall accept contributions including contributions to such candidates ' controlled committees, from any individual, which contributions, in the aggregate, exceed $300 . (Ord . 2818, 20 Mar 86; Ord. 2507 , 11/81 ) 2 .05 .030 Limitations on contributions--Independent com- mittee (PAC) . No independent committee (PAC) shall make any contributions in support of the election of any candidate or to any controlled committee with respect to any election, and no candidate shall accept contributions from an inde endent committee (PAC) , which, in the aggregate, exceed 1 ,500 . (Ord. 2818, 20 Mar 86; Ord. 2721 , 10/84; Ord. 2507, 11/81 ) 2 .05 .040 Reporting of late contributions . Notwith- standing the limit contained in California Government Code sec- tion .32036 , late expenditures or- contributions in excess of $'200 shall be reported to the city clerk within twenty-four ( 24 ) hours of the contribution or expenditure. (Ord. 2860, 17 Sep 86 ; Ord . 2507, 11/81 ) �� 11 2 . 05 . 050--2 . 05 .080 2 . 05 .050 Calendar year . Expenditures or contributions ,r made within the period of twelve ( 12) months prior and subse- quent to any election are considered to be made in support of a candidacy at such election . (Ord. 2507, 4 Nov 81 ) 2 . 05 .060 Review of campaign statements . The city clerk shall receive and review each campaign contribution and expend- iture statement and report apparent violations of this chapter j to the city attorney . (Ord. 2507, 4 Nov 81 ) 2 . 05 .070 Severance . If any part of this chapter is held by a court of competent jurisdiction to be unenforceable for any reason whatsoever , then such part shall be deemed severed from the remainder of the chapter and the remainder shall thereafter remain in full force and effect . Nothing in this chapter shall be deemed to place any limit upon any contribu- tion given or expenditure made by any candidate in support of his own election . (Ord . 2507, 4 Nov 81 ) 2 . 05 .080 Penalty--Misdemeanor . It is unlawful for any person knowingly to violate any provision of this chapter . Any such person shall be guilty of a misdemeanor and shall be sub- ject to a fine of not more than five hundred dollars ($500) or imprisonment in the county jail for a period not to exceed 180 days , or both such fine and imprisonment . (Ord . 2507, 4 Nov 81 ) 12 � � UNTING TON CH WUNICIPAL (Effective 10/7/93) Please Add to Code Please Remove from Code Chapter 1.16 Chapter 1 .16 Chapter 8.04 Chapter 8.04 Title 17/17.02 Title 17/17.02 (format changes only) (format changes,only) Chapter 17.72 Chapter 17.72 Huntington Beach Municipal Code 1 .16.010--1 .16.070 Chapter 1 .16 GENERAL PENALTY--ENFORCEMENT (588-7/52, 1902-3/74, 1905-3/74, 1935-11/74, 2996-5/89, 3207-10/93) Sections• 1 .16.010 Violation--Misdemeanor/Infraction 1 .16.020 Continuing violation 1 . 16.030 Penalty--Misdemeanor 1 .16.040 Penalty--Infraction 1 .16.045 Prosecutor Discretion 1 .16.050 Form of action 1 .16.060 Abatement of nuisance 1 . 16.070 Public nuisance maintenance--Prosecution 1 .16.080 Issuance of Subpenas 1 .16.010 Violation--Misdemeanor/Infraction. Any person who violates or wilfully fails to comply with any provision of this code is guilty of a misdemeanor or an infraction. (588-7/52, 1902-3/74, 3207-10/93) 1 .16.020 Continuing violation. Each person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any provision of this code is committed, continued or permitted, by such person, firm or corporation, and shall be punishable therefor as herein provided. (588-7/52) r 1 .16.030 Penalty--Misdemeanor. Any person convicted of a misdemeanor under the provisions of this code (unless otherwise provided herein) shall be punishable by imprisonment in the city jail , or in the county jail of Orange County, not exceeding six (6) months, or by fine not exceeding five hundred dollars ($500) , or by both fine and imprisonment. (588-7/52, 1905-3/74) 1 .16.040 Penalty--Infraction. Any person convicted of an infraction under the provisions of this code shall be punishable by fine not exceeding five hundred dollars ($500) , unless otherwise provided herein. (588-7/52, 1902-3/74) 1 .16.045 Prosecutor discretion. The City Attorney has discretion to file a complaint charging any offense in this code as either a misdemeanor or an infraction. (3207-10/93) 1 .16.050 Form of action. A violation of this code may be prosecuted by the city attorney in the name of the people of the state of California, or it may be redressed by civil action at the option of the council . (588-7/52) 1 .16.060 Abatement of nuisances. Whenever a public nuisance is maintained or exists in this city, either under general law or defined to be such under this code, it shall be the duty of the police of this city, and they are authorized and empowered, summarily to abate the same by removal , destruction or abatement of the act or thing constituting such nuisance. (588-7/52) 10/93 n 1 . 16.070--1 . 16.080 Huntington Beach Municipal Code 1 .16.070 Public nuisance maintenance--Prosecution. Every person who maintains, permits or allows a public nuisance to exist upon his or her property or premises, and every person occupying or leasing the property or premises of another who maintains, permits, or allows a public nuisance to exist thereon, after reasonable notice in writing from a police officer or health officer or city attorney to remove, discontinue or abate the same has been served upon such person, is guilty of a misdemeanor, and shall be punished accordingly. The existence of such nuisance for each and every day after the service of such notice shall be deemed a separate and distinct offense. (1935-11/74) 1 .16.080 Issuance of Subpenas. The City Clerk, Personnel Commission and its members, City Attorney, and Hearing Officers may issue subpenas requiring attendance of witnesses or production of books, records, or other documents for evidence or testimony in any action or proceeding pending before the city and administer oaths or affirmations in conjunction with such action or proceeding. Subpenas shall be signed by the issuing officer and may be served as subpenas are served in civil actions. (2996-5/89) 10/93 c .- Huntington Beach Municipal Code 8.04.010--8.04.010(h) Title 8 HEALTH AND SAFETY Chapters: 8.04 Food Handling Establishments 8.08 Food Vending Vehicles 8.12 Fly Control 8.16 Weed Abatement 8.17 Abatement of Trees and Shrubs Obstructing Public Rights-of-Way 8.20 Refuse 8.24 Dust--Industrial Waste 8.32 Standing Water 8.36 Rubbish 8.40 Noise Control 8.42 Use of Police Services at Loud Parties or Other Activities 8.44 Vehicles and Motorcycles 8.48 Inoperable Vehicles 8.50 Mobile Source Air Pollution Reduction Ordinance 8.56 Mobile X-ray Units 8.60 Civil Defense--Emergency Services 8.64 Farm Labor Camps 8.68 FireMed Program Chapter 8.04 FOOD HANDLING ESTABLISHMENTS (514-8/47, 1254-9/66, 1892-2/74, 2407-2/80, 3205-10/93) Sections: 8.04.010 Definitions 8.04.020 Permit required--Conditions and terms 8.04.030 Construction, conversion and alteration 8.04.040 Suspension of permits 8.04.050 Notice of violation 8.04.060 Hearing 8.04.070 Mobile food preparation units--generally 8.04.080 Additional requirements for mobile food preparation units operating in multi-locations in any day 8.04.090 Suspension for refusal of entry 8.04.100 Summary suspension 8.04.110 Supervision of closing down premises 8.04. 120 Rules and regulations 8.04. 130 Fees 8.04. 140 Penalty 8.04. 150 Preemption 8.04.010 Definitions. The following terms used in this chapter shall have the meanings indicated below; provided, however, said definitions shall also include any amendments or changes made to referenced sections of the California Health and Safety code after January 1 , 1991 : (3205-10/93) 10/93 a 6 8.04.010(a)--8.04.010(q) Huntington Beach Municipal Code (a) Certified farmers' market shall be as defined in section 27512 of the r California Health and Safety Code. (3205-10/93) (b) Commissary shall be as defined in section 27513 of the California Health and Safety Code. (3205-10/93) (c) Food establishment shall be as defined in section 27520 of the California Health and Safety Code. (3205-10/93) (d) Food facility shall be as defined in section 27521 of the California Health and Safety Code. (3205-10/93) (e) Food processing establishment shall be as defined in section 28280. 1 of the California Health and Safety Code. (3205-10/93) (f) Health Department or Department shall mean the Orange County Health Care Agency. (3205-10/93) (g) Health Officer shall mean the County Health Officer or his or her deputy. (3205-10/93) (h) Inspector shall mean an Environmental Health Specialist, as defined in Health and Safety Code Section 517, employed by the Health Department, or the Health Officer or any Deputy Health Officer authorized to inspect premises or equipment for the enforcement of this chapter. (3205-10/93) (i ) Mobile food preparation unit shall be as defined in section 27526 of the California Health and Safety Code. (3205-10/93) (j) Open-air Barbecue facility shall be as defined in section 27528.5 of the California Health and Safety Code. (3205-10/93) (k) Person shall be as defined in section 27530 of the California Health and Safety Code. (3205-10/93) (1 ) Premises shall include land, buildings, vehicles and ships and other vessels wherein food is handled, stored, distributed, prepared, processed, served or sold, and also equipment installed or used in food establishments or food facilities or on such premises. (3205-10/93) (m) Produce shall be as defined in section 27533 of the California Health and Safety Code. (3205-10/93) (n) Receipt shall mean a County public health services fee receipt. (3205-10/93) (o) Restricted food service transient occupancy establishment shall be as defined in section 27535.5 of the California Health and Safety Code. (3205-10/93) (p) Satellite food distribution facility shall be as defined in section 27536.5 of the California Health and Safety Code. (3205-10/93) (q) Temporary food facility shall be as defined in section 27538 of the California Health and Safety Code. (3205-10/93) 10/93 r o Huntington Beach Municipal Code 8.04.010(r)--8.04.030 (r) Vehicle shall be as defined in section 27540 of the California Health and Safety Code. (3205-10/93) (s) Vending machine shall be as defined in section 27541 of the California Health and Safety Code. (3205-10/93) (t) Vending machine business shall mean the business of selling food or beverages by means of vending machines, regardless of the number of locations at which the vending machines are located. (1254-9/66, 1892-2/74, 2407-2/80, 3205-10/93) 8.04.020 Permit required--Conditions and terms. (3205-10/93) (a) It shall be unlawful for any person to operate any food facility, vending machine business, food processing establishment, or any other food handling business governed by this chapter, without first applying for and receiving a food vending permit issued by the Health Department under the provisions of this chapter. (3205-10/93) (b) Every applicant for a food-vending permit shall file with the Health Department a written application which shall state the name and address of the applicant, the character and location of the activity for which a permit is required under this chapter and such other information as the Health Department may require. Applicants for a permit to operate a mobile food preparation unit shall , in addition, provide a list of three (3) service stops which shall include the address of exact location and time of each stop. (3205-10/93) (c) A permit may be issued when investigation has determined that the proposed facility and its method of operation will conform to all applicable laws and regulations. A permit, once issued, is nontransferable. A permit shall be valid only for the person, location, type of food sales, or distribution activity approved and, unless suspended or revoked, for the time period indicated. (3205-10/93) (d) Any permit may be suspended or revoked for a violation of any applicable provisions of law or regulation. Any food facility, vending machine business, food processing establishment, or any other food handling business governed by this chapter, for which the permit has been suspended or revoked shall close and remain closed until the permit has been reinstated or until a new permit has been issued. (3205-10/93) (e) Permits may be granted at any time during the year. A permit shall be posted in a conspicuous place on the premises or vehicle for which it is issued. (3205-10/93) 8.04.030 Construction. conversion and alteration. A person proposing to build or remodel a food facility, vending machine business, food processing establishment, or any other food handling business governed by this chapter, shall submit three (3) copies of the complete plans and specifications to the Department for review and approval pursuant to the applicable requirements of the California Health and Safety Code. The Health Officers may thereafter issue a certificate stating what modifications, if any, are required for compliance with applicable laws and ordinances. (514-8/47, 1254-9/66, 1892-2/74, 2407-2/80, 3205-10/93) 10/93 a a 8.04.040--8.04.060(a) Huntington Beach Municipal Code 8`04 040 Suspension of permits. A permit issued under this chapter or its predecessor may be suspended or revoked under the procedure set forth in this chapter for any of the following reasons: (514-8/47, 1254-9/66, 1892-2/74, 3205-10/93) (a) Violation of state law; (3205-10/93) (b) Violation of this chapter; (3205-10/93) (c) Violation of the rules and regulations adopted pursuant to this chapter; or (3205-10/93) (d) Upon recommendation by the Health Officer. (3205-10/93) 8.04.050 Notice of violation. When any laws, this chapter, or rules and regulations have been violated, an inspector may serve written notice thereof entitled, "Notice of Violation," specifying: (3205-10/93) (a) The acts or omissions with which the permittee is charged. (3205-10/93) (b) The provision or provisions violated thereby. (3205-10/93) (c) The corrective steps required. (3205-10/93) (d) The date by which all such corrections must be completed, allowing a reasonable period therefor. (3205-10/93) (e) That the permittee has a right to a hearing, upon written request or that a mandatory hearing has been scheduled. (3205-10/93) (f) That if no hearing is requested or the permittee fails to appear at the scheduled hearing and if the Health Department does not receive notice that all such corrections have been made before 9 a.m. on the date specified under (d) above, the permit will be subject to suspension or revocation from that time until such violations are corrected. (1254-9/66, 1892-2/74, 3205-10/93) 8.04.060 Hearing. The hearing shall be held by the Health Officers or his or her duly authorized representative who is a qualified Environmental Health Specialist as defined in Section 517 of the Health and Safety Code and registered as provided in Section 529 thereof, but shall not be the inspector who reported the violations or who inspected any corrective measure taken. (3205-10/93) (a) The permit holder shall have the right to a hearing, if requested, on all violations listed in the notice. A written request for a hearing shall be made by the permittee within fifteen (15) calendar days after receipt of the notice. A failure to request a hearing within fifteen (15) calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the Hearing Officer may order a hearing at any reasonable time within this fifteen (15) day period to expedite the permit suspension or revocation process. (3205-10/93) 10/93 o Huntington Beach Municipal Code 8.04.060(a)--8.04.070(f) The hearing shall be held within fifteen (15) calendar days of the receipt of a request for a hearing. Upon written request of the permittee, the Hearing Officer may postpone any hearing date, if circumstances warrant such action. (3205-10/93) (b) At the conclusion of the hearing, the Hearing Officer shall issue a written notice of decision to the permittee within five (5) working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions with which the permittee is charged, and shall state the terms of the suspension, or that the permit has been revoked. (3205-10/93) The Health Officers may, after providing opportunity for a hearing, modify, suspend, or revoke a permit for serious or repeated violations of any of the requirements of the applicable laws, rules and regulations. (3205-10/93) 8.04.070 Mobile food preparation units--generally. In addition to all other applicable provisions of the Health and Safety Code and of this chapter, mobile food preparation units shall comply with the following safety requirements: (3205-10/93) (a) Compressors, auxiliary engines, generators, batteries, battery chargers, gas-fueled water heaters, and similar equipment shall be installed so as to be accessible only from the outside of the unit. (3205-10/93) (b) All equipment installed in any part of the unit shall be secured so as to prevent movement during transit and to prevent detachment in the event of a collision or overturn. (3205-10/93) (c) All equipment installed within the interior of the unit, including the interiors of cabinets or compartment, shall be constructed so as to be free of sharp or jagged edges. (3205-10/93) (d) All utensils shall be stored so as to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives in cabinets, boxes or slots along counter aisles. Knife holders shall be designed to be easily cleaned and be manufactured of materials approved by the Health Officers. (3205-10/93) (e) Ceiling light fixtures shall be recessed or flush-mounted and sealed and shall be equipped with safety covers approved by the Health Officer. The minimum clearance from the floor to the light fixture shall be at least one hundred eighty-eight (188) centimeters (seventy-six (76) inches) or the fixture shall be installed out of the traffic aisle or work area. (3205-10/93) (f) High voltage (110-1200 electrical wiring shall be properly installed in electrical conduit with all splices or connections being made within junction, outlet or switch boxes to prevent the use of extension cords exceeding one hundred eighty-three (183) centimeters (six (6) feet) . Outside electrical connection receptacles shall be of weatherproof design with cover. (3205-10/93) 10/93 8.04.070(g)--8.04.070(i)(7) Huntington Beach Municipal Code (g) Attached, firmly anchored seats with backrests, equipped with seat belts, shall be provided for all occupants. If a jump seat in the aisleway is utilized, it shall fold in a manner that will clear the aisleway when not in use and be held with a self—latching mechanism. Seats and backrests shall be at least thirty—five and five—tenths (35.5) centimeters (fourteen (14) inches by fourteen (14) inches) in size. All occupants shall be seated, shall wear seat belts and shall not cook or prepare food while the unit is in motion. Signs setting forth the latter three (3) requirements shall be posted in both English and Spanish. (3205-10/93) (h) A first—aid kit approved by the Health Officers shall be provided and located in a convenient area in an enclosed case. (3205-10/93) (i ) All pressure cylinders shall be securely fastened to a rigid structure of the unit. All liquefied petroleum gas (LPG)- equipment shall be installed as follows: (3205-10/93) (1 ) The LP gas tanks and relief valves shall be ASME approved for intended use. (3205-10/93) (2) Tanks shall be securely fastened and located where they will normally not be subject to damage. They may be in a body compartment or underneath the body. The tank or fittings must not protrude beyond the body. (3205-10/93) (3) Tanks and regulators shall be separated from any open flame by a vapor—tight partition. (3205-10/93) (4) When tanks are installed in a body compartment, the partitions shall be sealed off from the rest of the body with no openings to the interior except for the tubing. The following additional requirements shall be met: (3205-10/93) (a) All tank valves and fittings shall be readily accessible from outside the unit. (3205-10/93) (b) The tank safety relief valve shall be vented to the outside and directed downward. (3205-10/93) (c) The filling shall be done through an outside door to the compartment. (3205-10/93) (d) The compartment shall be vented to the exterior of the unit so as to prevent accumulation of gas. (3205-10/93) (5) Tubing that passes through partitions shall be protected by grommets made of rubber or other approved materials. (3205-10/93) (6) Tubing exposed to friction shall be protected against chafing. (3205-10/93) (7) Expansion and contraction bends shall be made in the tubing between the tank and the appliance. (3205-10/93) 10/93 Huntington Beach Municipal Code 8.04.070(i )(8)--8.04.080(d) --. (8) ASME-approved LP gas tubing or standard weight pipe shall be used throughout. (3205-10/93) (9) Protective "thread" caps shall be installed on fill-line check valves. (3205-10/93) (10) Every appliance fueled by LP gas shall be equipped with a pilot light attachment and provided with an ASME-approved device which will automatically shut off all gas to the appliance if the pilot light should be extinguished. (3205-10/93) Q) A minimum five (5) B.C. - rated portable fire extinguisher (UL or State Fire Marshal approved design) shall be installed in plain sight and within easy reach, immediately inside the front driver' s door. The extinguisher shall be replaced or recharged after each use. (3205-10/93) 8 04 080 Additional requirements for mobile food preparation units operating in multi-locations in any day. In addition to the requirements specified in Section 8.04.070 above, mobile food preparation units which operate at more than one (1 ) location in any calendar day, shall comply with the following additional requirements: (3205-10/93) (a) Coffee urns shall be installed in a compartment that will prevent excessive spillage of coffee in the interior of the unit in the event of a sudden stop, collision or overturn, or, as an alternative to this requirement, coffee urns shall be equipped with positive closing lids as / well as perforated metal protective sleeves on the glass liquid level sight gauges. (3205-10/93) (b) Deep fat fryers are prohibited, unless equipped with positive closing lids to contain the fat and to prevent splashing or excessive spillage in transit or in the event of a sudden stop, collision or overturn of the unit. Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an explosion. All lids shall be kept positively closed while the unit is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish. (3205-10/93) (c) Water bath or steam food insert tables shall be provided with baffles to prevent surging in transit. All such tables, as well as dry heat units, their insert food containers and similar equipment that contains hot liquids or hot foods shall have positive closing lids to contain all such liquids or foods and to prevent splashing or spillage in transit or in the event of a sudden stop, collision or overturn of the unit. Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an explosion. All lids shall be positively closed while the unit is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish. (3205-10/93) (d) An alternate means of exit in the side opposite the main exit door, or the roof, or the rear of the unit, with unobstructed passage of sixty-one (61 ) centimeters by ninety-two (92) centimeters (twenty-four (24) inches by thirty-six (36) inches) minimum to the outside, shall be provided. The interior latching mechanism shall be operable by hand without special 10/93 8.04.080(d)--8.04.120(b) Huntington Beach Municipal Code tools or key. The exit shall be labeled "Safety Exit" in contrasting colors with at least two and fifty-four one-hundredths (2.54) centimeters (one (1 ) inch) high letters. (3205-10/93) 8.04.090 Suspension for refusal of entry. It shall be a violation of this chapter for the purpose of inspecting any of the premises described in Section 8.04.020 above, or any portion thereof; and in such event the inspector may forthwith suspend the food vending permit issued for the premises. (3205-10/93) 8.04.100 Summary suspension. (3205-10/93) (a) If any immediate danger to the public health or safety is found, unless the danger is immediately corrected, an inspector may temporarily suspend the permit and order the premises immediately closed. "Immediate danger to the public health and safety" means any condition, based upon inspection findings or other evidence, that can cause food infection, food intoxication, disease transmission, or hazardous condition, including but not limited to unsafe food temperature, sewage contamination, nonpotable water supply, or an employee who is a carrier of a communicable disease. (3205-10/93) (b) Whenever a permit is suspended as the result of an immediate danger to the public health or safety, the inspector shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, specifying the pertinent code section, and informing the permittee of the right to a hearing. (3205-10/93) (c) At any time within fifteen (15) calendar days after service of a notice pursuant to subsection (b) , the permittee may request in writing a hearing before a hearing officer to show cause why the permit suspension is not warranted. The hearing shall be held within fifteen (15) calendar days of the receipt of a request for a hearing. A failure to request a hearing within fifteen (15) calendar days shall be deemed a waiver of the right to such hearing. (3205-10/93) 8.04.110 Supervision of closing down premises. When any permit is first suspended hereunder, or when any premises governed hereby shall have been closed for business and left in an unsanitary condition, the Health Department shall have the power to enter to ensure that the premises are closed down in a manner which will not endanger the public health. If the permittee or his employee in charge cannot be found, or is unwilling or unable to remedy the condition of the premises, the owner of the premises shall be notified of the unsanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition. (3205-10/93) 8.04.120 Rules and regulations. The Health Officer may adopt and enforce rules and regulations necessary to administer this chapter including, but not limited to, regulations pertaining to: (3205-10/93) (a) Forms for applications, permits and notices. (3205-10/93) (b) Forms and procedures for hearing upon the granting, denying, suspending, revoking or reinstating of permits. (3205-10/93) 10/93 Huntington Beach Municipal Code 8.04.120(c)--8.04. 150 (c) Inspections of premises and reporting thereon. (3205-10/93) 8.04,130 Fees. The purpose of this section is to establish fees sufficient to meet the reasonable expenses of the Health Officers enforcing State statutes, orders, quarantines and rules and regulations of State offices and departments relating to public health, which expenses are hereby found not to be met by the fees prescribed by the State. The authority for this section is contained in Section 510 of the Health and Safety Code. (3205-10/93) The County shall , by annual Board Resolution, adopt health service fees to be paid by the proprietor or operator of the food facility. Such fees are to be paid directly to the County Health Office and retained by the County as reimbursement for said services related to this ordinance. (3205-10/93) (a) Area of Application. This section shall be enforceable within the territory in which the Health Officer enforces any State statute, order, quarantine or rule or regulation of any State office or department relating to public health, including incorporated as well as unincorporated territory. (3205-10/93) (b) Violation. It shall be unlawful for any person to conduct any activity enumerated in this section without a valid receipt. (3205-10/93) (c) Separate Activities. If a person shall conduct more than one of the activities for which a receipt is required, he must obtain a separate receipt for each activity, except as otherwise provided herein. (3205-10/93) (d) Applications. Applications for a receipt shall be filed with the Health Department on a form to be provided by that Department. The applications shall be accompanied by payment of the required fee. An application for or recipient of a receipt shall provide the Health Officer with any information requested by him or her. (3205-10/93) 8.04.140 Penalty. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. (3205-10/93) 8.04.150 Preemption. This chapter shall not apply to any matter to the extent that the regulation of such matter is preempted by state law. (3205-10/93) i 10/93 Huntington Beach Municipal Code 17.02.010 ram, Title 17 BUILDINGS AND CONSTRUCTION Chapters: 17.02 Uniform Administrative Code 17.04 Building Code 17.08 Housing Code 17. 10 Property Maintenance 17.12 Dangerous Buildings Code 17.16 Earthquake Hazard Regulations 17.20 Driveways and Parking Areas , 17.24 Sun Decks--Windscreens 17.28 Moving Buildings 17.36 Repealed 3022-12/89 17.40 Mechanical Code 17.44 Plumbing Code 17.46 Swimming Pool . Spa and Hot Tub Code 17.48 Electrical Code 17.56 Uniform Fire Code 17.58 Hazardous Materials 17.60 Solar Energy Code '" 17.64 Undergrounding of Utilities 17.65 Traffic Impact Fees 17.68 Cost Reimbursement Districts 17.72 Covenants of Easement Chapter 17.02 UNIFORM ADMINISTRATIVE CODE (2431-7/80, 2747-2/85, 2763-6/85, 2976-12/88, 3022-12/89, 3147-7/92, FORMAT CHANGE ONLY-10/93) Sections• 17.02.010 Adoption 17.02.020 Repealed 3022-12/89 17.02.030 Section 301 (b) amended--Exempted work 17.02.040 Fees 17.02.050 Section 305(h) amended--Reinspections 17.02.060 Section 308(d) amended--Temporary certificate 17.02.010 Adoption. There is hereby adopted by the City Council of the City of Huntington Beach that certain code known as the Uniform Administrative Code, compiled by the International Conference of Building Officials, being particularly the 1991 edition thereof, and the whole thereof. Such code, and amendments thereto, is hereby adopted and incorporated, pursuant to California Government Code sections 50022.2 et seq. and Health and Safety Code Section 18941 .5, as fully as though set forth at length herein, to serve as the administrative, organizational and enforcement rules and regulations for the technical codes which regulate the site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, . structures and building service equipment in the city of Huntington Beach, and 10/93 17.02.020--17.02.030111""K" Huntington Beach Municipal Code r6pealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect, the provisions of said code, together with amendments thereto, shall be controlling within the corporate limits of the City of Huntington Beach. (2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89, 3147-7/92) 17.02.030 Section 301(b) amended--Exempted work. Subsection (b) of section 301 of the Uniform Administrative Code is hereby amended to read as follows: "Sec. 301 (b) EXEMPTED WORK. A permit shall not be required for the types of work in each of the separate classes of permit as listed below. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the technical codes or any other laws or ordinances of this City. "1 . BUILDING PERMITS. A building permit shall not be required for the following: "A. One-story detached accessory buildings used as tool and storage sheds, playhouses, private lathhouses, glasshouses, pagodas, gazebos and similar structures and uses, provided projected roof area does not exceed one-hundred and twenty (120) square feet. (2976-12/88) "B. Fences not over forty-two (42) inches high. "C. Oil derricks and tanks. (3147-7/92) "D. Movable cases, counters and partitions not over five-foot nine (5'9") inches high. (2976-12/88) "E. Retaining walls which do not support over two (2) feet of earth, unless supporting a surcharge or impounding flammable liquids. "F. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5000) gallons and the ratio of height to diameter or width does not exceed two to one. "G. Platforms, walks and decks not more than thirty (30) inches above grade and not over any basement or story below. (2976-12/88, 3022-12/89) . "H. Painting, papering and similar finish work. "I . Temporary motion picture, television and theater stage sets and scenery. "J. Window awnings supported by an exterior wall of Group R, Division 3, and Group M occupancies when projecting not more than fifty-four (54) inches. "K. Prefabricated swimming pools accessory to a Group R, Division 3 occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed five thousand (5000) gallons. 10/93 Huntington Beach Municipal Code 17.02.030"1 ""L"--17.02.030"3""E" "L. Flag poles, light poles and TV dishes in connection with a Group R, Division 3 occupancy and not exceeding fifteen (15) feet zero inches in height. (3022-12/89) "M. Playground equipment and similar type recreational structures. (3022-12/89) "N. Residential Cabinets within a dwelling unit. (3147-7/92) "Unless otherwise provided by this code, separate plumbing, electrical and mechanical permits will be required for the above-exempted items. 112. PLUMBING PERMITS. A plumbing permit will not be required for the following: "A. The stopping of leaks in drains, soil , waste or vent pipe, provided, however, that should any concealed trap, drainpipe, soil , waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material , the same shall be considered as new work and a permit shall be procured and inspection made as provided in this code. "B. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, nor for the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. "C. Repair or replacement of any plumbing fixture or appliance of the same type and size and in the same location provided it does not require liquefied petroleum gas or natural gas to operate. "D. Replacement of any component part of an appliance or fixture which does not alter its original approval and complies with other applicable requirements of the technical codes." (2431-7/80, 2747-2/85) "3. ELECTRICAL PERMITS. An electrical permit shall not be required for the following: "A. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the electrical code. "B. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. "C. Temporary decorative lighting. "D. Repair or replacement of current-carrying parts of any switch, contactor or control device. "E. Reinstallation of attachment plug receptacles, but not the outlets therefor. 10/93 17.02.030"3""F"--17.02.040"4""H" Huntington Beach Municipal Code "F. Repair or replacement of any overcurrent device of the required capacity in the same location. "G. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. "H. Taping joints. i "I. Removal of electrical wiring. "J. Temporary wiring for experimental purposes in suitable experimental laboratories. "K. The wiring for temporary theater, motion picture or television stage sets. "L. Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy. "M. Low-energy power, control and signal circuits of Classes II and III as i defined in the electrical code. "N. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. "4. Mechanical permits. A mechanical permit shall not be required for the following: "A. Any portable heating appliance. "B. Any portable ventilating equipment. "C. Any portable cooling unit. "D. Any portable evaporative cooler. "E. Any closed system of steam, hot or chilled water piping within any heating or cooling equipment regulated by the mechanical code. "F. Replacement of any component part of assembly or an appliance which does not alter its original approval and complies with other applicable requirements of the technical codes. "G. Any refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes. "H. Any unit refrigerating system as defined in the mechanical code. " 10/93 Huntington Beach Municipal Code 17.02.040--17.02.040(e) 17.02.040 Fees. Section 304 of the Uniform Administrative Code is amended to read as follows: "Sec. 304 "(a) GENERAL. The fee for each permit shall be as established by resolution of the City Council . (3022-12/89) "(b) PERMIT FEES. The standard for determination' of value or valuation under any of the provisions of these codes shall be made by the building official based on the most recent Building Valuation Data as printed in the Building Standards Magazine published by the International Conference of Building Officials. The value to be, used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical , plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. (3022-12/89, 3147-7/92) "(c) PLAN REVIEW FEES. When a plan or other data is required to be submitted by subsection (b) of section 302, a plan review fee shall be paid. This fee shall be paid at the time of submitting plans and specifications for plan check. Said plan review fees shall be as established by resolution of the City Council . (3022-12/89, 3147-7/92) "(d) EXPIRATION OF PLAN REVIEW. Applications for which no permit is issued within 180 days following the date of application shall expire automatically, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official . The building official may extend the time for action by the applicant in increments of 180 days subject to the following conditions: (3022-12/89) "(1 ) The applicant shall submit a written request every one-hundred and eighty (180) days stating the reason for such extension, accompanied by a plan check extension fee, established by resolution of the City Council . "(2) Any plans that remain in plan check over three-hundred and sixty (360) days shall be revised to meet all requirements in existence at the time the permit is issued. "(3) Any alterations to the plan shall be reviewed by plan check personnel on an hourly fee as established by resolution of the City Council . "(4) Under no conditions may a plan remain in plan check over seven-hundred and twenty (720) days. "(e) INVESTIGATION FEES. Where work for which a permit is required by this code is started or proceeded with prior to obtaining said permit, the total permit fee shall be the standard permit fee as required in subsection (a) hereof plus an investigation fee established by resolution of the City Council . The payment of the investigation fee shall not exempt any person from compliance with the provisions of this code or from any other penalty prescribed by law. (3022-12/89) 10/93 i 17.02.040(f)--17.02.050(Sec 305(h) Huntington Beach Municipal Code "(f) SPECIAL SERVICE FEES. At the request of an applicant, the building official may authorize the performance of special services not otherwise required by this code or included in the schedule of fees as specified in this section. The fee for any such special service shall be set by resolution of the City Council . (3022-12/89) "(g) CERTIFICATE OF OCCUPANCY FEE. Whenever an application is made for a certificate of occupancy, a processing fee for the certificate of occupancy in an amount established by resolution of the City Council shall be paid to the City. This fee shall be in addition to all other required fees. If subsequent review of the application shows that the certificate of occupancy cannot be issued, the fee shall be retained by the City as a processing fee. (3022-12/89) "(h) SWIMMING POOL CASH BOND. Before any permit is issued for any swimming pool a cash bond in the amount of three hundred dollars ($300) shall be posted with the City. The bond shall be for the purpose of assuring that all construction materials are removed from the public streets; that any damage to any curb, gutter, sidewalk, street, wall or other public property is repaired; and that the required safety fencing and related devices are installed and in proper working order. In the event the above work is not properly done, the cash bond shall be forthwith and summarily forfeited to-the City. Unless the bond has been so forfeited, it shall , upon final inspection and approval of the installation, be returned to the person who posted the bond. (3127-7/92) "(i ) FEE REFUNDS. (3022-12/89) ~� "l . The building official may authorize the refund of any fee paid hereunder which was collected erroneously. "2. Except for a processing fee, the building official shall authorize the refund of a plan check fee when an application for a permit for which a plan check fee was paid is withdrawn or cancelled before any plan check is done. "3. When no work has commenced under a permit issued in accordance with this code and such permit is less than 180 days old, the building official shall authorize the refund of all fees except processing, plan check and conservation fees. "The building official shall not authorize the refund of any fee paid except upon written request of the original applicant or permittee. " "(j) ACCEPTANCE OF EVIDENCE OF INDEBTEDNESS. The building official may accept evidence of indebtedness from the City' s Redevelopment Agency for payment of fees, payable hereunder, in a form approved by the City Attorney." (2431-7/80, 2747-2/85, 2763-6/85, 3022-12/89) 17.02.050 Section 305(h) amended--Reinspections. Subsection (h) of section 305 of the Uniform Administrative Code is hereby amended to read as follows: "Sec. 305(h) REINSPECTIONS. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. 10/93 Huntington Beach Municipal Code 17.02.050--17.02.060(Sec 308(d)(5) "This subsection is not to be interpreted as requiring reinspection fees the -� first time a job is rejected for failure to comply with the requirements of a technical code, but is designed to control the practice of calling for an inspection before a job is ready for inspection or reinspection. "Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection was requested, or for deviating from plans approved by the building official . "To obtain a reinspection, the applicant shall file a written application therefor upon a form furnished for that purpose, and pay a reinspection fee established by resolution of the City Council . "In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid." (2431-7/80, 2747-2/85) 17.02.060 Section 308(d) amended--Temporary certificate. Subsection (d) of section 308 of the Uniform Administrative Code is hereby amended to read as follows: "Sec. 308(d) TEMPORARY CERTIFICATE. The building official may issue a temporary certificate of occupancy, and authorize the release of utilities and the occupancy of a building or structure, or portion thereof, prior to the completion of a building or development project, upon receipt of a written request, subject to the following: 11(1 ) The building official has determined that no hazard exists to life or property. 11(2) A cash deposit to guarantee completion of required improvements has been deposited with the City in a form acceptable to the Director of Finance and in an amount equal to one—hundred and fifty (150) percent of the estimated cost to complete such improvements, as determined by the building official . 11(3) Payment of a non—refundable, temporary certificate fee, established by resolution of the City Council . "(4) An agreement in a form approved by the City Attorney, signed by the owner or the prime contractor which shall contain the following: "(a) A statement of the improvements necessary and that the improvements will be completed within the time specified by the building official but not longer than sixty (60) days. "(b) Authorization for the City to enter the property and complete the work specified without additional notice to the owner in the event the work is not completed within the time specified. "(c) A statement that the cost of such work shall be paid from the cash deposit of the applicant and such cost shall include reasonable administrative costs incurred by the City when such work covered by the deposit is completed by the City. 10/93 17.02.060(Sec 308(d)--17.02.060(Sec 308(5)) Huntington Beach Municipal Code "(d) REFUND OF CASH DEPOSIT. If the improvements required are completed within the time specified in the agreement, the deposit shall be automatically refunded. "(5) The building official shall revoke the temporary occupancy certificate upon failure to comply with the terms and provisions of the agreement. (2431-7/80, 2747-2/85) r� 10/93 Huntington Beach Municipal Code 17.72.010--17.72.050 Chapter 17.72 COVENANTS OF EASEMENT (3203-10/93) Sections- 17.72.010 Purpose 17.72.020 Creation; types of easements 17.72.030 Effect 17.72.040 Enforcement 17.72.050 Recording; contents 17.72.060 Public hearing on release of covenant 17.72.070 Fees 17.72.080 Standing to enforce or challenge 17.72.010 Purpose. The purpose of this chapter is to implement California Government Code Section 65870-65875, inclusive, regarding the creation of easements through the execution and recordation of covenants. (3203-10/93) 17.72.020 Creation; types of easements. In addition to any other method for the creation of an easement, an easement may be created by a recorded covenant of easement made by- an owner of real property to the city. An easement created pursuant to this chapter may be for parking, ingress, egress, emergency access, light and air access, landscaping, or open—space purposes. (3203-10/93) 17.72.030 Effect. At the time of recording of the covenant of easement, all the real property benefited or burdened by the covenant shall be in common ownership. The covenant shall be effective when recorded and shall act as an easement pursuant to Division 2, Part 2, Title 2, Chapter 3, Section 801 et seq. of the California Civil Code, except that it shall not merge into any other interest in the real property. Section 1104 of the California Civil Code shall be applicable to 'conveyance of the affected real property. (3203-10/93) 17.72.040 Enforcement. A covenant executed pursuant to this Chapter shall be enforceable by the successors in interest to the real property benefited by the covenant. (3203-10/93) 17.72.050 Recording_; contents. A covenant of easement recorded pursuant to this Chapter shall describe the real property to be subject to the easement and the real property to be benefited thereby. The covenant of easement shall also identify the approval , permit, or designation granted which relied upon or required the covenant. The covenant of easement shall be recorded in the county where all or a portion of the restricted property is located and shall contain a legal description of the real property and be executed by the owner of the real property. From and after the time of its recordation, the covenant shall impart notice thereof to all persons to the extent afforded by the recording laws of this state. Upon recordation, the burdens of the covenant shall be binding upon, and the benefits of the covenant shall inure to, all successors in interest to the real property. (3203-10/93) 10/93 17.72.060--17.72.080 Huntington Beach Municipal Code 17.72.060 Public hearing on release of covenant. Upon written request from any person, whether or not that person has title to the real property, the City Council shall hold a public hearing regarding the release of a covenant of easement recorded pursuant to this Chapter. The covenant of easement may be released upon a determination by the City Council that the restriction of the property is no longer necessary to achieve the land use goals of the City. Said determination shall be made based upon a preponderance of the evidence presented at the public hearing. If the City Council so determines, a release shall be recorded by the City in the official records of the County of Orange within thirty (30) days following the public hearing. (3203-10/93) 17.72.070 Fees. The City Council may adopt by resolution a fee to recover the reasonable cost of processing the release of the covenant from those persons requesting the release pursuant to Section 17.72.050. (3203-10/93) 17.72.080 Standing to enforce or challenge. Nothing in this Chapter shall create in any person other than the City and the owner of the real property burdened or benefited by the covenant standing to enforce or to challenge the covenant or any amendment thereto or release therefrom. (3203-10/93) 10/93 8.04.010--8.04.010(b) Title 8 HEALTH AND SAFETY Chapters: 8.04 Food Handling Establishments 8.08 Food Vending Vehicles 8.12 Fly Control 8. 16 Weed Abatement 8.17 Abatement of Trees and Shrubs Obstructing Public Rights-of-Way 8.20 Refuse 8.24 Dust--Industrial Waste "< 8.32 Standing Water 8.36 Rubbish 8.40 Noise Control 8.42 Use of Police Services at Loud Parties or Other Activities 8.44 Vehicles and Motorcycles 8.48 Inoperable Vehicles 8.50 Mobile Source Air Pollution Reduction Ordinance 8.56 Mobile X-ray Units 8.60 Civil Defense--Emergency Services 8.64 Farm Labor Camps 8.68 FireMed Program Chapter 8.04 FOOD HANDLING ESTABLISHMENTS (514-8/47, 1254-9/66, 1892-2/74, 2407-2/80) Sections: 8.04.010 Definitions 8.04.020 Permit required--Conditions and terms 8.04.030 Building construction certificate 8.04.040 Permit--Building 8.04.050 Sanitation requirements 8.04.060 Permit--Suspension 8.04.070 Notice of violation 8.04.080 Violation--Hearing 8.04.090 Permit--Suspension for refusal of entry 8.04. 100 Permit--Summary suspension 8.04.110 Premises closure supervised 8.04.120 Administration rules. 8.04.010 Definitions. The following terms used in this chapter shall have the meanings indicated below: (a) Bakery shall be as defined in section 28190 of the California Health and Safety Code. �l (b) Food processing establishment shall be as defined in section 28280. 1 of the California Health and Safety Code. 2/90 8.04.010(c)--8.04.020(a) r� (c) Health department or department shall mean the public health and medical services of the Orange County human services agency which acts as the health department of the city pursuant to resolution made under the provisions of sections 476 and 477 of the California Health and Safety Code. (d) Health officer shall mean the county health officer or his deputy or assistant duly authorized to act in his behalf in case of his absence or incapacity. (e) Ice plant, self—contained ice plant or ice distributor shall be as defined in section 4003 of the California Health and Safety Code. (f) Inspector shall mean a sanitarian, as defined in Health and Safety Code section 540, employed by the health department, or the health officer or any deputy health officer authorized to inspect premises or equipment for the enforcement of this title. (g) Itinerant restaurant shall be as defined in section 28523 of the California Health and Safety Code. (h) Mobile food preparation vehicle shall mean any vehicle or portable food service unit upon which food is cooked, wrapped, packaged, processed, or portioned for service, sale or distribution. (i ) Premises shall include land, buildings, vehicles and ships and other vessels wherein food is handled, stored, distributed, prepared, processed, served or sold, and also equipment installed or used in food establishments or on such premises. (j) Restaurant shall be as defined in section 28522 of the California Health and Safety Code. (k) Retail food production and marketing establishment shall be as defined in section 28802 of the California Health and Safety Code. (1 ) Vehicle shall be as defined in section 28524 of the California Health and Safety Code. (m) Vending machine shall be as defined in section 28525 of the California Health and Safety Code. (n) Vending machine business shall mean the business of selling food or beverages by means of vending machines regardless of the number of locations at which the vending machines are located. (1254-9/66, 1892-2/74, 2407-2/80) 8.04.020 Permit required--Conditions and terms. (a) It shall be unlawful for any person or other legal entity to operate any restaurant, itinerant restaurant, mobile food preparation vehicle, vehicle, vending machine business, bakery, food processing establishment, ice plant, self—contained ice plant or act as an ice distributor without 2/90 8.04.020(a)--8.04.030 first applying for and receiving a food vending permit issued by the health department under the provisions of this chapter. Retail food production and marketing establishments shall not be subject to the provisions of this chapter. (b) Every applicant for a food—vending permit shall file with the health department a written application which shall state the name and address of the applicant, the character and location of the activity for which a permit is required under this chapter, and such other information as the health department may require. Applicants for a permit to operate a mobile food preparation vehicle„shall , in, addition, provide a list of three (3) service stops which shall include the address or exact location and time of each stop. A revised list shall be submitted whenever changes occur. (c) No permit shall be granted, renewed or reinstated unless the health department determines, upon making an investigation, that the place of business for which the application is made is equipped, operated and maintained in a safe, sanitary and healthful manner, and that no conditions exist on the premises which are, or which may be unsafe, unsanitary, unwholesome or detrimental to the health of the patrons, consumers, employees or the general public. (d) No permit shall be granted, renewed or reinstated unless the health department determines that the condition of the premises is in accordance with the requirements of all applicable provisions of the California Health and Safety Code and this chapter, and that said premises are capable of being operated in accordance with such laws and regulations. (e) Permits may be granted at any time during the year, but all permits shall expire at the end of the calendar year. Each permit shall be posted in a conspicuous place on the premises or vehicle for which it is -issued. (f) Any permit previously issued to a mobile food preparation vehicle shall be suspended, beginning ninety (90) days after the effective date of this subsection, unless the permittee presents the vehicle to the health department and the health department certifies that such vehicle is in full compliance with the applicable requirements of this chapter and those of the California Health and Safety Code. The health officer may grant an extension of time for compliance with the aforesaid requirements if he finds that the applicant has made a good faith effort to comply but cannot do so for reasons beyond his control , such as inadequate capacity of equipment fabrication contractors. In such instances , the applicant shall present a written request for an extension, documenting the steps already undertaken, the reasons compliance cannot be achieved within the prescribed time period, and a timetable for full compliance. Extensions shall not be granted for compliance with the requirements contained in Chapter 8.08 concerning the design and construction of lids for deep fat fryers. (514-8/47, 1254-9/66, 1892-2/74, 2407-2/80) 8.04.030 Building_construction certificate. Prior to the construction, conversion or alteration of any food establishment, or construction or purchase of a model of vehicle not previously under permit to any person in 2/90 4 8.04.030--8.04.070(f) the city, three (3) copies of the plans and specifications therefor shall be submitted to the health department. The health officer or his authorized deputy shall thereafter issue his certificate stating what modifications, if any, he deems required for compliance with applicable laws and regulations. (1254-9/66, 1892-2/74) 8.04.040 Permit--Building. The department of building and community development of the city shall notify the health department when plans are received to build or remodel a food establishment. (1892-2/74) 8.04.050 Sanitation requirements. • , (a) All food handling establishments for which a permit is required by this chapter shall be constructed, equipped, operated and maintained so as to comply with the pertinent sections of the California Health and Safety Code. In addition, at least a single—compartment janitorial sink with hot and cold running water, or other approved facilities, shall be provided for general cleanup purposes. (b) A hand lavatory shall be _provided in each food preparation and packaging area for employees. (1254-9/66, 1892-2/74) 8.04.060 Permit--Suspension. A permit issued under this chapter may be suspended, under the procedure set forth in sections 8.04.010 through 8.04.100, for any of the following reasons: (a) Violation of state law; (b) Violation of this chapter; or I (c) Upon recommendation for revocation of the permit, pending a hearing thereon. (514-8/47, 1254-9/66, 1892-2/74) 8.04.070 Notice of violation. When any of the aforesaid laws, this chapter, or rules and regulations have been violated, an inspector may serve written notice thereof entitled, "Notice of Violation" specifying: (a) The acts and conditions constituting each violation; (b) The provision or provisions violated thereby; (c) The corrective steps required; (d) The date by which all such corrections must be completed, allowing a reasonable period therefor; (e) That the permittee has a right to a hearing, upon request; and (f) That if no hearing is required, and if the health department does not receive notice that all such corrections have been made before 9 a.m. of -~ the date named under (d) above or within fifteen (15) days after service of the written notice, whichever comes first, the permit will be suspended from that time until such violations are corrected. (1254-9/66, 1892-2/74) 2/90 8.04.080--8.04.110 8.04.080 Hearing. The permit holder shall have the right to a hearing on all violations listed in the notice. The permit shall , however, be suspended unless the department receives from the permit holder, before 9 a.m. of the date specified under section 8.04.070, a written or oral request for a hearing or a notice that all violations have been corrected as specified. The hearing shall be held by the health officer or his duly authorized representative who is a qualified sanitarian as defined in section 540 of the Health and Safety Code and registered as provided in section 542 thereof, but shall not be the inspector who reported the violations or who inspected any corrective measures taken. The person conducting the hearing shall make a written order as to each alleged violation listed on the notice and shall deliver a signed copy thereof to the permittee. As to each violation, the order shall either: (a) Suspend the permit until it is corrected; or (b) Extend the time or modify the measures to be taken for correction before suspension; or (c) Declare that the violation has been corrected so as to comply with the applicable law; or (d) Declare that there was no violation. (1254-9/66, 1892-2/74) 8.04.090 Permit--Suspension for refusal of entry. It shall be a violation of this chapter for any person to deny or hinder entry by any inspector for the purpose of inspecting any of the food handling establishments described in section 8.04.010, or any portion thereof; and in such event the inspector may forthwith suspend the food-vending permit issued for the establishment. (1254-9/66, 1892-2/74) 8.04.100 Permit--Summary suspension. Whenever an inspector finds unsanitary or other conditions in the operation of any food establishment which, in his judgment, constitute an immediate and substantial hazard to the public health, he shall issue a written notice to the permit holder or person in charge of the food handling establishment stating that the permit is immediately suspended and shall set forth the substance of the suspension as provided in section 8.04.070. Any person to whom such an order is issued shall immediately comply therewith; but, upon request made to the inspector who orders the suspension, or the health officer or his authorized representative, either personally or by telephone or in writing, he shall be afforded a hearing as soon as possible, and notice of its setting may be given in the same manner as the request. (1254-9/66, 1892-2/74) 8.04.110 Premises closure supervised. When any permit is first suspended hereunder, or when any food handling establishment governed hereby as defined in section 8.04.020 shall have been closed for business and left in an insanitary condition, the health department shall have the power to enter to insure that the food handling establishment is closed down in a manner which will not endanger the public health. If the permittee or his employee in charge cannot be found, or is unwilling or unable to remedy the condition of 2/90 8.04. 110--8.04. 120 the food handling establishment, the owner of the food handling establishment shall be notified of the insanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition. (1254-9/66, 1892-2/74) 8.04.120 Administration. The health officer may adopt and enforce rules and regulations necessary to administer this chapter including regulations pertaining to: (a) Forms for applications, permits and notices; (b) Forms and procedures for hearings upon the granting, denying, suspending, revoking or reinstating of permits; and (c) Inspections of food handling establishments and reporting thereon. (1254-9/66, 1892-2/74) r 2/90 1 .16.010--1 .16.070 r Chapter 1 .16 GENERAL PENALTY--ENFORCEMENT (588-7/52, 1902-3/74, 1905-3/74, 1935-11/74, 2996-5/89) Sections: 1 .16.010 Violation--Misdemeanor 1 .16.020 Continuing violation 1 .16.030 Penalty--Misdemeanor 1 .16.040 Penalty--Infraction 1 .16.050 Form of action 1 .16.060 Abatement of nuisance 1 .16.070 Public nuisance maintenance--Prosecution 1 .16.080 Issuance of Subpenas 1 .16.010 Violation--Misdemeanor. Any person who violates or wilfully fails to comply with any provision of this code is guilty of a misdemeanor, except where otherwise expressly provided in this code. (588-7/52, 1902-3/74) 1 .16.020 Continuing violation. Each person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any provision of this code is committed, continued or permitted, by such person, firm or corporation, and shall be punishable therefor as herein provided. (588-7/52) 1 .16.030 Penalty--Misdemeanor. Any person convicted of a misdemeanor under Y the provisions of this code (unless otherwise provided herein) shall be punishable by imprisonment in the city jail , or in the county jail of Orange County, not exceeding six (6) months, or by fine not exceeding five hundred dollars ($500) , or by both fine and imprisonment. (588-7/52, 1905-3/74) 1 .16.040 Penalty---Infraction. Any person convicted of an infraction under the provisions of this code shall be punishable by fine not exceeding five hundred dollars ($500) , unless otherwise provided herein. (588-7/52, 1902-3/74) 1 .16.050 Form of actin_. A violation of this code may be prosecuted by the city attorney in the name of the people of the state of California, or it may be redressed by civil action at the option of the council . (588-7/52) 1 .16.060 Abatement of nuisances. Whenever a public nuisance is maintained or exists in this city, either under general law or defined to be such under this code, it shall be the duty of the police of this city, and they are authorized and empowered, summarily to abate the same by removal , destruction or abatement of the act or thing constituting such nuisance. (588-7/52) 5/89 J-f, 1 .16.070--1 . 16.080 1 .16,070 Public nuisance maintenance--Prosecution. Every person who maintains, permits or allows a public nuisance to exist upon his or her property or premises, and every person occupying or leasing the property or premises of another who maintains, permits, or allows a public nuisance to exist thereon, after reasonable notice in writing from a police officer or health officer or city attorney to remove, discontinue or abate the same has been served upon such person, is guilty of a misdemeanor, and shall be punished accordingly. The existence of such nuisance for each and every day after the service of such notice shall be deemed a separate and distinct offense. (1935-11/74) 1 .16.080 Issuance of Subpena�. The City Clerk, Personnel Commission and its members, City Attorney, and Hearing Officers may issue subpenas requiring attendance of witnesses or production of books, records, or other documents for evidence or testimony in any action or proceeding pending before the city and administer oaths or affirmations in conjunction ,with such action or proceeding. Subpenas shall be signed by the issuing officer and may be served as subpenas are served in civil actions. (2996-5/89) 5/89 1 .20.010--1 .20.020 Chapter 1 .20 NOTICES (588-7/52) Sections: 1 .20.010 Service 1 .20.020 Proof of service 1 .20.010 Service. Whenever a notice is required to be given under this code (unless different provisions are otherwise specifically made herein) such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at .his last known business or residence address as the same appears in the public records or other records pertaining to the matters to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office. (588-7/52) 1 .20.020 Proof of service. Proof of giving any notice may be made by the certificate of any officer or employee of this city or by affidavit of any person over the age of eighteen years, which shows service in conformity with this code or other provisions of law applicable to the subject matter concerned. (588-7/52) 5/89 Huntington Beach Municipal Code 17.02.010 Title 17 BUILDINGS AND CONSTRUCTION Chapters: 17.02 Uniform Administrative Code 17.04 Building Code 17.08 Housing Code 17.10 Property Maintenance 17. 12 Dangerous Buildings Code 17.16 Earthquake Hazard Regulations 17.20 Driveways and Parking Areas e 17.24 Sun Decks--Windscreens 17.28 Moving Buildings 17.36 Repealed 3022-12/89 17.40 Mechanical Code 17.44 Plumbing Code 17.46 Swimming Pool , Spa and Hot Tub Code 17.48 Electrical Code 17.56 Uniform Fire Code 17.58 Hazardous Materials 17.60 Solar Energy Code 17.64 Undergrounding of Utilities 17.65 Traffic Impact Fees Chapter 17.02 UNIFORM ADMINISTRATIVE CODE (2431-7/80, 2747-2/85, 2763-6/85, 2976-12/88, 3022-12/89, 3147-7/92) Sections: 17.02.010 Adoption 17.02.020 Repealed 3022-12/89 17.02.030 Section 301 (b) amended--Exempted work 17.02.040 Fees 17.02.050 Section 305(h) amended--Reinspections 17.02.060 Section 308(d) amended--Temporary certificate 17.02.010 Adoption. There is hereby adopted by the City Council of the City of Huntington Beach that certain code known as the Uniform Administrative Code, compiled by the International Conference of Building Officials, being particularly the 1991 edition thereof, and the whole thereof. Such code, and amendments thereto, is hereby adopted and incorporated, pursuant to California Government Code sections 50022.2 et seq. and Health and Safety Code Section 18941 .5, as fully as though set forth at length herein, to serve as the administrative, organizational and enforcement rules and regulations for the technical codes which regulate the site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment in the city of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect, the provisions of said code, together with amendments thereto, shall be controlling within the corporate limits of the City of Huntington Beach. (2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89, 3147-7/92) 7/92 7 v 17.02.030--17.02.030(1)(M) Huntington Beach Municipal Code 17,02,030 Subsection (b) of section 301 of the Uniform Administrative Code is hereby amended to read as follows: "Sec. 301(b) EXEMPTED WORK. A permit shall not be required for the types of work in each of the separate classes of permit as listed below. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the technical codes or any other laws or ordinances of this City. 111 . BUILDING PERMITS. A building permit shall not be required for the following: "A. One-story detached accessory buildings used as tool and storage sheds, playhouses, private lathhouses, glasshouses, pagodas, gazebos and similar structures and uses, provided projected roof area does not exceed 120 square feet. (2976-12/88) "B. Fences not over forty-two (42) inches high. "C. Oil derricks and tanks. (3147-7/92) "D. Movable cases, counters and partitions not over five-foot nine (519") inches high. (2976-12/88) "E. Retaining walls which do not support over two (2) feet of earth, unless supporting a surcharge or impounding flammable liquids. "F. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5000) gallons and the ratio of height to diameter or width does not exceed two to one. "G. Platforms, walks and decks not more than thirty (30) inches above grade and not over any basement or story below. (2976-12/88, 3022-12/89) . "H. Painting, papering and similar finish work. "I. Temporary motion picture, television and theater stage sets and scenery. "J. Window awnings supported by an exterior wall of Group R, Division 3, and Group M occupancies when projecting not more than fifty-four (54) inches. "K. Prefabricated swimming pools accessory to a Group R, Division 3 occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed five thousand (5000) gallons. "L. Flag poles, light poles and TV dishes in connection with a Group R, Division 3 occupancy and not exceeding fifteen (15) feet zero inches in height. (3022-12/89) "M. Playground equipment and similar type recreational structures. (3022-12/89) 7/92 Huntington Beach Municipal Code 17.02.030(1 )(N)--17.02.030(3)(H) "N. Residential Cabinets within a dwelling unit. (3147-7/92) "Unless otherwise provided by this code, separate plumbing, electrical and mechanical permits will be required for the above-exempted items. "2. PLUMBING PERMITS. A plumbing permit will not be required for the following: "A. The stopping of leaks in drains, soil ; waste or vent pipe, provided, however, that should any concealed trap, drainpipe, soil , waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material , the same shall be considered as new work and a permit shall be procured and inspection made as provided in this code. "B. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, nor for the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. "C. Repair or replacement of any plumbing fixture or appliance of the same type and size and in the same location provided it does not require liquefied petroleum gas or natural gas to operate. "D. Replacement of any component part of an appliance or fixture which does not alter its original approval and complies with other applicable requirements of the technical codes." (2431-7/80, 2747-2/85) "3. ELECTRICAL PERMITS. An electrical permit shall not be required for the following: "A. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the electrical code. h "B. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. "C. Temporary decorative lighting. "D. Repair or replacement of current-carrying parts of any switch, contactor or control device. "E. Reinstallation of attachment plug receptacles, but not the outlets therefor. "F. Repair or replacement of any overcurrent device of the required capacity in the same location. "G. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. "H. Taping joints. 7/92 17.02.030(3)(I)--17.02.040(a) Huntington Beach Municipal Code "I. Removal of electrical wiring. r "J. Temporary wiring for experimental purposes in suitable experimental laboratories. "K. The wiring for temporary theater, motion picture or television stage sets. "L. Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy. "M. Low-energy power, control and signal circuits of Classes II and III as defined in the electrical code. "N. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. "4. Mechanical permits.- A mechanical permit shall not be required for the following: "A. Any portable heating appliance. "B. Any portable ventilating equipment. "C. Any portable cooling unit. "D. Any portable evaporative cooler. "E. Any closed system of steam, hot or chilled water piping within any heating or cooling equipment regulated by the mechanical code. "F. Replacement of any component part of assembly or an appliance which does not alter its original approval and complies with other applicable requirements of the technical codes. "G. Any refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes. "H. Any unit refrigerating system as defined in the mechanical code. " 17.02.040 Fees. Section 304 of the Uniform Administrative Code is amended to read as follows: "Sec. 304 "(a) GENERAL. The fee for each permit shall be as established by resolution of the City Council . (3022-12/89) 7/92 0 Huntington Beach Municipal Code 17.02.040(b)--17.02.040(f) "(b) PERMIT FEES. The standard for determination of value or valuation under any of the provisions of these codes shall be made by the building official based on the most recent Building Valuation Data as printed in the Building Standards Magazine published by the International Conference of Building Officials. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical , plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. (3022-12/89, 3147-7/92) "(c) PLAN REVIEW FEES. When a plan or other data is required to be submitted by subsection (b) of section 302, a plan review fee shall be paid. This fee shall be paid at the time of submitting plans and specifications for plan check. Said plan review fees shall be as established by resolution of the City Council . (3022-12/89, 3147-7/92) "(d) EXPIRATION OF PLAN REVIEW. Applications for which no permit is issued within 180 days following the date of application shall expire automatically, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official . The building official may extend the time for action by the applicant in increments of 180 days subject to the following conditions: (3022-12/89) "(1 ) The applicant shall submit a written request every one-hundred and r� eighty (180) days stating the reason for such extension, accompanied by a plan check extension fee, established by resolution of the City Council . "(2) Any plans that remain in plan check over three-hundred and sixty (360) days shall be revised to meet all requirements in existence at the time the permit is issued. "(3) Any alterations to the plan shall be reviewed by plan check personnel on an hourly fee as established by resolution of the City Council . "(4) Under no conditions may a plan remain in plan check over seven-hundred and twenty (720) days. "(e) INVESTIGATION FEES. Where work for which a permit is required by this code is started or proceeded with prior to obtaining said permit, the total permit fee shall be the standard permit fee as required in subsection (a) hereof plus an investigation fee established by resolution of the City Council . The payment of the investigation fee shall not exempt any person from compliance with the provisions of this code or from any other penalty prescribed by law. (3022-12/89) "(f) SPECIAL SERVICE FEES. At the request of an applicant, the building official may authorize the performance of special services not otherwise required by this code or included in the schedule of fees as specified in this section. The fee for any such special service shall be set by (� resolution of the City Council . (3022-12/89) \ 7/92 17.02.040(g)--17.02.050(Sec 305(h) Huntington Beach Municipal Code "(g) CERTIFICATE OF OCCUPANCY FEE. Whenever an application is made for a certificate of occupancy, a processing fee for the certificate of occupancy in an amount established by resolution of the City Council shall be paid to the City. This fee shall be in addition to all other required fees. If subsequent review of the application shows that the certificate of occupancy cannot be issued, the fee shall be retained by the City as a processing fee. (3022-12/89) "(h) SWIMMING POOL CASH BOND. Before any permit is issued for any swimming pool a cash bond in the amount of three hundred dollars ($300) shall be posted with the City. The bond shall be for the purpose of assuring that all construction materials are removed from the public streets; that any damage to any curb, gutter, sidewalk, street, wall or other public property is repaired; and that the required safety fencing and related devices are installed and in proper working order. In the event the above work is not properly done, the cash bond shall be forthwith and summarily forfeited to the City. Unless the bond has been so forfeited, it shall , upon final inspection and and approval of the installation, be returned to the person who posted the bond. (3127-7/92) I'M FEE REFUNDS. (3022-12/89) 111 . The building official may authorize the refund of any fee paid hereunder which was collected erroneously. "2. Except for a processing fee, the building official shall authorize the refund of a plan check fee when an application for a permit for which a plan check fee was paid is withdrawn or cancelled before any plan check is done. 113. When no work has commenced under a permit issued in accordance with this code and such permit is less than 180 days old, the building official shall authorize the refund of all fees except processing, plan check and conservation fees. "The building official shall not authorize the refund of any fee paid except upon written request of the original applicant or permittee." "(j) ACCEPTANCE OF EVIDENCE OF INDEBTEDNESS. The building official may accept evidence of indebtedness from the City' s Redevelopment Agency for payment of fees, payable hereunder, in a form approved by the City Attorney." (2431-7/80, 2747-2/85, 2763-6/85, 3022-12/89) 17.02.050 Subsection (h) of section 305 of the Uniform Administrative Code is hereby amended to read as follows: "Sec. 305(h) REINSPECTIONS. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. "This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of a technical code, but is designed to control the practice of calling for an inspection before a job is ready for inspection or reinspection. 7/92 Huntington Beach Municipal Code 17.02.050--17.02.060(Sec 308(d)(5) "Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection was requested, or for deviating from plans approved by the building official . "To obtain a reinspection, the applicant shall file a written application therefor upon a form furnished for that purpose, and pay a reinspection fee established by resolution of the City Council . "In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. " (2431-7/80, 2747-2/85) 17.02.060 Subsection (d) of section 308 of the Uniform Administrative Code is hereby amended to read as follows: i "Sec. 308(d) TEMPORARY CERTIFICATE. The building official may issue a temporary certificate of occupancy, and authorize the release of utilities and the occupancy of a building or structure, or portion thereof, prior to the completion of a building or development project, upon receipt of a written request, subject to the following: "(1 ) The building official has determined that no hazard exists to life or property. "(2) A cash deposit to guarantee completion of required improvements has been deposited with the City in a form acceptable to the Director of Finance and in an amount equal to one-hundred and fifty (150) percent of the estimated cost to complete such improvements, as determined by the building official . 11(3) Payment of a non-refundable, temporary certificate fee, established by resolution of the City Council . 11(4) An agreement in a form approved by the City Attorney, signed by the owner or the prime contractor which shall contain the following: "(a) A statement of the improvements necessary and that the improvements will be completed within the time specified by the building official but not longer than sixty (60) days. "(b) Authorization for the City to enter the property and complete the work specified without additional notice to the owner in the event the work is not completed within the time specified. "(c) A statement that the cost of such work shall be paid from the cash deposit of the applicant and such cost shall include reasonable administrative costs incurred by the City when such work covered by the deposit is completed by the City. "(d) REFUND OF CASH DEPOSIT. If the improvements required are completed within the time specified in the agreement, the deposit shall be automatically refunded. "(5) The building official shall revoke the temporary occupancy certificate upon failure to comply with the terms and provisions of the agreement. (2431-7/80, 2747-2/85) 7/92 City Clerk' s Office ------------ (FC) --( 5 ) ----------- City Atty° s book/chamber Counter Records Manager Legislative drawer Codification +•::hti 4:`}4v'�wKz.tiff' �uwti��vv. v F ................ : _ :��� .......... ...+..�.•........... �•• :: v tryvv it v ............................. ............................. «•.:..»...vw.v..v:n..v..v: •}lv vti+v'ti{{4}itititiu ;:iu.:ijivuui• i•'.':`:vv` ......X. `+1� ttv'•.•,•Ott••'•••••t�+:}:::.•v�'�``ti;;.••:iy>4.'.::•..;,ti,>.•+r+vB %,:�• .'.ltt:•,tt••.'.'.`.4•:•,,'.•`}v:"••. M1�::�I:�M1•�.v`3i•4 ?�vvv�••., }'}iy?�.<;:�iii}'};:�;?ijj}•;i:}4 i;yiy;:jii>.<`i�:'�i:�::�i�2;i: ::::.::::::m?LC�ii}::.:�:v}}'•:ti^:4:vv.v.:.}v•.;.{::.;w::{.;{.}•.}}v:..:.:..:::..... :::...... ....xvv:w.vx:.::vvvvvii?. v v:•.:v � vnv•}y}}}};nj} .\.}....n.v..iT3i}}y}};.v;;.}}}y}};}}\.:S}:: I (Effective 10/20/93) i Please Add to Code Please Remove from Code Article 906 Article 906 Huntington Beach Ordinance Code 9060 .- Article 906 DISTRICTS (495-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1/61 , 822-4/61 , 880-1/62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1 /92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92, 3211-10/93) Sections• 9060 Districts 9061 District maps 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: (2830-5/86) RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional Cl Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial M1-A Restricted Manufacturing M1 Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space S1 Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil suffix -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification 10/93 9060--9061 Huntington Beach Ordinance Code The following designations also appear on the sectional district maps. They refer to specific plans that are available under separate cover from the City Clerk and Community Development. (2905-A-11 /87) North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan Seacliff Specific Plan Ellis-Goldenwest Specific Plan Meadowlark Specific Plan Holly-Seacliff Specific Plan Magnolia Pacific Specific Plan (495-6/46, 731-10/59, 737-12/59, 807-1/61 , 822-4/61 , 880-1 /62, 881-1 /62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71 , 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1 /73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87) 9061 District Maps. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (2830-5/86) (737-11/59, 754-4/60, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90 ["Whitehole" Res No 6119 goes with this ordinance] , 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92/DM 14, 3211-10/93) 10/93 Huntington Beach Ordinance Code 9060 Article 906 od DISTRICTS (495-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1/61 , 822-4/61 , 880-1 /62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92) Sections: 9060 Districts 9061 District maps 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: (2830-5/86) RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential r R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional Cl Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial M1-A Restricted Manufacturing Ml Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space S1 Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil suffix -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification 12/92 9060--9061 Huntington Beach Ordinance Code The following designations also appear on the sectional district maps. They , refer to specific plans that are available under separate cover from the City Clerk and Community Development. (2905-A-11/87) North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan Seacliff Specific Plan Ellis-Goldenwest Specific Plan Meadowlark Specific Plan Holly-Seacliff Specific Plan Magnolia Pacific Specific Plan (495-6/46, 731-10/59, 737-12/59, 807-1/61 , 822-4/61 , 880-1/62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71 , 1845-7/73, 1944-11 /74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1 /73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11/87) 9061 District Maps. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (2830-5/86) (737-11 /59, 754-4/60, 2830-5/86, 2905-A-11 /87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90 ["Whitehole" Res No 6119 goes with this ordinance] , 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1 /92, 3128-5/92 , 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92/DM 14) 12/92 i City Clerk' s office ------------ (FC) --( 5 ) ----------- City Atty' s book/chamber Counter Records Manager Legislative drawer Codification HUNTINGTON BEA CH-1 ORDINANCE CODE UPDA TES -i (Effective 10/7/93) Please Add to Code Please Remove from Code Article 902 Article 902 Huntington Beach Ordinance Code 9020--9021 (c)(4) Article 902 GENERAL INFORMATION AND APPLICATION (1563-4/70, 2217-9/77, 2830-5/86, 2905A-10/87, 2995-5/89, 3206-10/93) Sections• 9020 Purpose 9021 Application 9022 Enforcement Penalties 9020 Purpose. The Zoning Ordinance for the City of Huntington Beach is established to implement the objectives of the General Plan. It is further adopted for the purpose of promoting and protecting the public health, safety, and general welfare of Huntington Beach residents and to provide the physical , economic and social advantages which result from a comprehensive and orderly planned use of land resources. (495-6/46, 2830-5/86) 9021 Application. (a) Scone. The provisions of these zoning regulations shall apply to all properties located within the city boundaries and to those areas the city chooses to designate outside of the incorporated city limits, but within the city' s adopted sphere of influence. (b) District maps. The- location and boundaries of the various zoning districts is as delineated on the zoning maps which include an index map and sectional district maps of the city. They are adopted in their entirety as Article 906 of this ordinance. (c) District boundaries. Boundaries of the zoning districts shall be made by ordinance adopting or amending the district maps. It is the intent to place zoning boundaries on or following property lines and/or streets. Where uncertainty exists as to the specific district boundary the following rules shall apply: (1 ) Where such boundaries are indicated as approximately following street or lot lines, such lines shall be construed to be the boundaries. (2) Where a district boundary divides a lot, the location of such boundary, unless indicated by dimensions, shall be determined by the scale appearing on the map. (3) Where a public street or alley is officially vacated or abandoned, the area shall acquire the classification of the property to which it reverts. (4) Where uncertainty remains as to a district boundary line, the City Council shall interpret and determine the boundary upon written request. (d) Special standards depicted on district maps. The requirements for lot size, lot width, setbacks, and density may be established as different from those set forth in the district regulations if designated on the sectional district maps as outlined below: 10/93 � o a , 9021 (d)(1 )--9022(b)(1 ) Huntington Beach Ordinance Code (1 ) Minimum parcel size. A numerical suffix to the district symbol --. which is greater than one hundred (100) square feet. A numerical prefix to the district symbol which is less than one hundred (100) shall designate the minimum parcel size in acres. (2) Minimum parcel frontage. A numerical prefix to the district symbol which is connected by a hyphen shall designate the minimum lot width in feet. (3) Setbacks. Special setback requirements may be indicated on the district maps which may show the dimensions of such required setbacks. (4) Maximum density/intensity. A numerical suffix to the district symbol which is in parenthesis shall designate the maximum number of units per gross acre for the site. (e) Annexations/pre-Zoning. Unincorporated territory adjacent to the city may be prezoned for the purpose of determining the zone district which will apply in the event of annexation to the city. The procedure for prezoning property shall be the same as that for zone changes within the city. Such zoning shall become effective at the time the annexation becomes effective. Any property which, after annexation or for any other reason, does not have a designation on the zoning map shall be deemed to be zoned R1 , single-family residential . 9022 Enforcement Penalties. (a) It shall be the duty of the director to enforce the provisions of the Ordinance Code. Official and public employees of the City of Huntington Beach shall not issue permits or licenses for structures or uses which are in conflict with the provisions of this Code. Any such permits or licenses issues in conflict with this Code shall be deemed null and void. (2995-5/89) (b) Not withstanding any other provision of the Ordinance Code, each violation of this Code may be alternatively enforced as follows: Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violations exist constitutes a separate offense. (2995-5/89, 3206-10/93) (1 ) Misdemeanor/Infraction. Any person violating any of the provisions or .failing to comply with any of the mandatory requirements of this Code may be prosecuted for a misdemeanor or an infraction. Written citations for misdemeanors or infractions may be issued by Police Officers or Environmental Officers and Land Use Officers who have successfully completed a course in the Power of Arrest as specified in California Penal Section 832. This citation power is pursuant to California Penal Code 836.5. (2995-5/89, 3206-10/93) All citations issued under this Code shall be delivered to the City Attorney who shall have the prosecutory discretion as to the filing of a misdemeanor or 'an infraction complaint with the court as required by \ California Penal Code Section 853.6. (2995-5/89, 3206-10/93) 10/93 Huntington Beach Ordinance Code 9022(b)(1 )--9022(b)(2) Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not to exceed six (6) months, or both fine and imprisonment. A person convicted of an infraction shall be punished by a fine not to exceed five hundred dollars ($500.00) . (2995-5/89, 3206-10/93) (2) Civil Action. The City Attorney at the request of the City Council may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Code, as provided by law. (2995-5/89) i } 10/93 9020--9021 (c)(4) Article 902 GENERAL INFORMATION AND APPLICATION (1563-4/70, 2217-9/77, 2830-5/86, 2905A-10/87, 2995-5/89) Sections: 9020 Purpose 9021 Application 9022 Enforcement Penalties 9020 Purpose. The zoning ordinance for the city of Huntington Beach is established to implement the objectives of the General Plan. It is further adopted for the purpose of promoting and protecting the public health, safety, and general welfare of Huntington Beach residents and to provide the physical , economic and social advantages which result from a comprehensive and orderly planned use of land resources. (495-6/46, 2830-5/86) 9021 Application. (a) Sco e. The provisions-of these zoning regulations shall apply to all properties located within the city boundaries and to those areas the city chooses to designate outside of the incorporated city limits, but within the city's adopted sphere of influence. (b) District maps. The location and boundaries of the various zoning districts is as delineated on the zoning maps which include an index map and sectional district maps of the city. They are adopted in their entirety as Article 906 of this ordinance. (c) District boundaries. Boundaries of the zoning districts shall be made by ordinance adopting or amending the district maps. It is the intent to place zoning boundaries on or following property lines and/or streets. Where uncertainty exists as to the specific district boundary the following rules shall apply: (1 ) Where such boundaries are indicated as approximately following street or lot lines, such lines shall be construed to be the boundaries. (2) Where a district boundary divides a lot, the location of such boundary, unless indicated by dimensions, shall be determined by the scale appearing on the map. (3) Where a public street or alley is officially vacated or abandoned, the area shall acquire the classification of the property to which it reverts. (4) Where uncertainty remains as to a district boundary line, the City Council shall interpret and determine the boundary upon written request. 5/89 r--7 s 9021 (d)--9022(b) (d) Special standards depicted on district maps. The requirements for lot size, lot width, setbacks, and density may be established as different from those set forth in the district regulations if designated on the sectional district maps as outlined below: (1 ) Minimum parcel size. A numerical suffix to the district symbol which is greater than one hundred (100) square feet. A numerical prefix to the district symbol which is less than one hundred (100) shall designate the minimum parcel size in acres. (2) Minimum parcel frontage. A numerical prefix to the district symbol which is connected by a hyphen shall designate the minimum lot width in feet. (3) Setbacks. Special setback requirements may be indicated on the district maps which may show the dimensions of such required setbacks. (4) Maximum density/intensity. A numerical suffix to the district symbol which is in parenthesis shall designate the maximum number of units per gross acre for the site. (e) Annex-ation-s/Qr-e_-fining. Unincorporated territory adjacent to the city may be prezoned for the purpose of determining the zone district which will apply in the event of annexation to the city. The procedure for prezoning property shall be the same as that for zone changes within the city. Such zoning shall become effective at the time the annexation becomes effective. Any property which, after annexation or for any other reason, does not have a designation on the zoning map shall be deemed to be zoned R1 , single-family residential . 9022 Enforcement Penalties. (a) It shall be the duty of the director to enforce the provisions of the Ordinance Code. Official and public employees of the City of Huntington Beach shall not issue permits or licenses for structures or uses which are in conflict with the provisions of this Code. Any such permits or licenses issues in conflict with this Code shall be deemed null and void. (2995-5/89) (b) Not withstanding any other provision of the Ordinance Code, each violation of this Code may be alternatively enforced as follows: Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violations exist constitutes a separate offense. (2995-5/89) 5/89 A 9022(b)(1 )--9022(b)(2) (1 ) Misdemeanor. Any person violating any of the provisions or r failing to comply with any of the mandatory requirements of this Code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or environmental officers and land use officers who have successfully completed a course in the Power of Arrest as specified in California Penal Section 832. This citation power is pursuant to California Penal Code 836.5. (2995-5/89) All citations issued under this Code shall be delivered to the City Attorney who shall have the prosecutory discretion as to the filing of a misdemeanor complaint with the court as required by California Penal Code Section 853.6. (2995-5/89) Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not to exceed six (6) months, or both fine and imprisonment. (2995-5/89) (2) Civil Action. The City Attorney at the request of the City Council may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions, of this Code, as provided by law. (2995-5/89) I 5/89 _ City Clerk' s Office ------------(FC) --( 5 ) ----------- City Atty' s book/chamber Counter Records Manager Legislative drawer Codification H UN TING TON PEA , 1 tI UNICIPALCODE UPDA:TES] (Effective 9/1/93) ZOO Please Add to Code Please Remove from Code Chapter 9.08 Chapter 9.08 o P Huntington Beach Municipal Code 9.08.010--9.08.020(d) Chapter 9.08 SMOKING PROHIBITED (2819-3/86, 3202-9/93) Sections: 9.08.010 Purpose and findings 9.08.020 Definitions 9.08.030 Elevators--Smoking prohibited 9.08.040 Hospitals and health care facilities--Smoking prohibited 9.08.050 Meeting rooms--Smoking prohibited 9.08.060 Theaters and auditoriums--Smoking prohibited 9.08.070 Public restrooms--Smoking prohibited 9.08.080 Eating establishments--Smoking prohibited 9.08.090 Employer compliance 9.08.100 Exceptions 9.08.110 Sign requirement 9.08.120 Structural modification not required 9.08.130 Prohibitions 9.08.140 Violation--Penalty 9.08.150 Public nuisance--Civil remedy 9.08.160 Tobacco vending machines prohibited 9.08.010 Purpose and findingj. The City Council finds there is ample evidence that smoking tobacco in any form is a real danger to the general health and an irritation, inconvenience, and discomfort to persons in enclosed areas. In order to serve the public health, safety and welfare, the declared purpose of this chapter is to promote a policy of nonsmoking and to regulate smoking in any building or establishment frequented by the public or where numerous persons are employed. (2819-3/86) 9.08.020 Definitions. Words and phrases used in this chapter shall have the following meanings unless from the context a different meaning is apparent: (2819-3/86) (a) "Employee" shall mean any person who performs a service under any appointment or contract of hire or apprenticeship, express or implied, oral or written excepting persons excluded by California Labor Code section 3352. (2819-3/86) (b) "Employer" shall mean any person, partnership, or corporation (including private, nonprofit and governmental) having not fewer than four persons performing services and receiving compensation therefor. (2819-3/86) (c) "Places of employment" shall mean any building, structure, or portion thereof, under the control of a private or public employer, where employees are present to perform a service, and members of the public may come to be served. (2819-3/86) (d) "Smoking" shall mean and include inhaling, exhaling, burning, or carrying any lighted smoking equipment for tobacco, or any other noxious weed or plant. (2819-3/86) 9/93 � T f 9.08.030--9.08.080(b) Huntington Beach Municipal Code 9,.08.030 Elevators--Smoking prohibited. No person shall smoke in any elevator in any building open to the public including, but not restricted to, elevators in office, hotel , and multifamily buildings. (2819-3/86) 9,08.040 Hospitals and health care facilities--Smoking prohibited. (2819-3/86) a) No person shall smoke in any area, except those designated and posted for such purpose, of any hospital and health care facility, as defined in California Health and Safety Code section 1250. (2819-3/86) (b) Every publicly or privately-owned hospital and health care facility shall assign patients rooms or wards, according to individual preference, and no nonsmoking patient shall be placed in a room or ward which has been designated for patients who smoke. (2819-3/86) 9.08.050 Meeting rooms--Smoking prohibited. No person shall smoke in any hearing room, conference room, chamber or any place where public business is conducted, and to which members of the public are admitted, whether as participants or observers. (2819-3/86) 9.08.060 Theaters and auditoriums--Smoking prohibited. No person shall smoke in any publicly or privately-owned theater, auditorium or similar facility, designed and used for motion picture shows and stage productions, including but not restricted to musicals, concerts, recitals, operas, and sporting events, except the lobby, and business or work areas barred to the . public. Every person who owns, manages, or has control of a theater, auditorium, or facility used for the purposes stated herein, shall post signs conspicuously in the lobby informing the public that smoking is not permitted inside such theater, auditorium, or facility. In the case of motion picture theaters, such information shall be displayed on the screen for not less than five (5) seconds before the beginning of the feature film. (2819-3/86) 9.08.070 Public restrooms--Smoking prohibited. No person shall smoke in any public restroom. (2819-3/86) 9.08.080 Eating establishments--Smoking prohibited. (2819-3/86, 3202-9/93) (a) Any person owning, managing, operating or having control of an eating establishment or restaurant which has an approved occupant load of twenty-five (25) persons or more shall provide and maintain a nonsmoking section of not less than seventy-five percent (75%) of the enclosed area for seating patrons which is not part of a patio, outdoor eating area, or that portion of the premises used primarily for the sale of alcoholic beverages. The requirements of this section shall not apply to any room or rooms in a restaurant or eating establishment which may be reserved for private functions. The nonsmoking section referred to herein shall be increased to one hundred percent (100%) of the aforesaid enclosed area on January 1 , 1995. (2819-3/86, 3202-9/93) (b) Any person owning, managing, operating, or having control of an eating establishment or restaurant which has an approved occupant load of twenty-four (24) persons or less shall provide and maintain a nonsmoking section of not less than one hundred percent (100%) of the enclosed area 9/93 Huntington Beach Municipal Code 9.08.080(b)--9.08.120(b) for seating patrons which is not part of a patio, outdoor eating area, or that portion of the premises used primarily for the sale of alcoholic beverages. The requirements of this section shall not apply to any room or rooms in a restaurant or eating establishment which may be reserved for private functions. (3202-9/93) 9.08.090 Employer compliance. As evidence of good faith compliance, an employer with four (4) or more employees, shall meet the following criteria: (2819-3/86) (a) Within 120 days after the effective date of this chapter, an employer shall adopt, implement and maintain a no smoking policy, containing a definition of "immediate work area," which insofar as practicable, shall make reasonable provisions for nonsmokers and smokers. Such policy shall be posted in appropriate locations throughout the work place, and copies thereof furnished to all employees. (2819-3/86) (b) An employee may request, based on the employer's policy, that his or her immediate work area be designated nonsmoking. Nonsmokers shall be given preference, and may lodge a complaint with the employer with respect to pollution by tobacco smoke of his or her immediate work area. The employer shall , using existing ventilation, walls, temporary separations and partitions, make eve.ry effort to resolve any problem between nonsmoking and smoking employees. (2819-3/86) (c) If an employer finds that the floor plan for a business does not provide �.� sufficient relief for nonsmoking employees, he may, when practicable, reassign such nonsmokers to other locations, enlarge the area in which smoking is prohibited, or take any other reasonable measure to eliminate or reduce the effect of tobacco smoke on nonsmokers. (2819-3/86) 9.08,100 Exceptions. The provisions of this chapter shall not apply to any business conducted from a private home, or any private work area occupied exclusively by persons who smoke, except where smoking has been prohibited by the fire marshal pursuant to statute, ordinance or other regulations. (2819-3/86) . 9.08.110 Sign requirement. Whenever, under the provisions of this chapter, the posting of a sign is required, the owner, manager or other person in charge or control of a building, room, or other place where smoking is prohibited, shall place or cause to be placed conspicuous "NO SMOKING" signs with capital letters not less than one inch in height on a contrasting background. (2819-3/86) 9.08.120 Structural modification not required. (2819-3/86) (a) All employers shall to the extent possible provide no-smoking areas for nonsmoking personnel , but shall not be required to incur any expense to make alterations or modifications to an existing structure. (2819-3/86) (b) No owner, operator, or manager of any theater, hospital , health care facility, business, building, or structure shall be required to incur any expense to alter or modify an existing area or work place for the benefit .� of nonsmokers. (2819-3/86) 9/93 r � 9.08.130--9.08.160 Huntington Beach Municipal Code 9.08.130 Prohibitions. (2819-3/86) (a) No employer, owner, operator, manager, or person in charge or control of any place of business, hospital or health care facility, or theater or place of entertainment shall fail to establish and post a written smoking policy on the premises, or fail to place conspicuous "no smoking" signs in appropriate areas, and insofar as practicable, shall fail to comply with the requirements of this chapter. (2819-3/86) (b) It shall be unlawful for any person willfully to destroy or mutilate any sign which prohibits smoking. (2819-3/86) (c) It shall be unlawful for any person to smoke in any posted nonsmoking area. (2819-3/86) 9.08.140 Violation--Penalty. Any person who violates or willfully fails to comply with any provision of this chapter shall be guilty of an INFRACTION, and upon conviction thereof shall be subject to the following: (2819-3/86) (a) For the first offense, a fine not to exceed fifty dollars ($50) ; (2819-3/86) (b) For the second offense,-occurring ninety (90) days after the first offense, a fine not to exceed one hundred dollars ($100) ; (2819-3/86) (c) For the third offense, occurring ninety (90) days after the second offense, a fine not to exceed one hundred dollars ($100); (2819-3/86) r� (d) Thereafter a fine not to exceed two hundred fifty dollars ($250) shall be paid each day, or portion thereof, during which an offense occurs. (2819-3/86) 9.08.150 Public nuisance--Civil remedy. Any violation of the provisions of this chapter may be declared a public nuisance hereunder, and the City Attorney may proceed to abate the same by filing a civil action in a court of competent jurisdiction. (2819-3/86) 9._08.160 Tobacco vending machines prohibited. No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or other applicance, or any other device designated or used for vending purposes. (3202-9/93) 9/93 I 9.08.010--9.08. 020 Chapter 9.08 SMOKING PROHIBITED Sections: 9.08.010 Purpose and findings . 9.08.020 Definitions . 9.08.030 Elevators--Smoking prohibited . 9.08.040 Hospitals and health care facilities--Smoking prohibited. 9.08.050 Meeting rooms--Smoking prohibited . 9.08.060 Theaters and auditoriums--Smoking prohibited. 9.08.070 Public restrooms--Smoking prohibited. 9.08.080 Eating establishments--Smoking in. 9.08.090 Employer compliance. 9.08. 100 Exceptions. 9.08.110 Sign requirement. 9 .08.120 Structura`1 modification not required. 9.08.130 Prohibitions. 9 .08. 140 Violation--Penalty. 9.08. 150 Public nuisance--Civil remedy. 9. 08.010 Purpose_and findings. The city council finds there is ample evidence that smoking tobacco in any form is a real danger to the general health and an irritation, inconven- ience, and discomfort to persons in enclosed areas. In order to serve the public health, safety and welfare, the declared purpose of this chapter is to promote a policy of nonsmoking and to regulate smoking in any building or establishment fre- quented by the public or where numerous persons are employed. (Ord . 2819, 20 Mar 86) 9. 08.020 Definitions. Words and phrases used in this chapter shall have the following meanings unless from the con- text a different meaning is apparent : (a.) "Employee" shall mean any person who performs a ser- vice under any appointment or contract of hire or apprentice- ship, express or implied, oral or written excepting persons excluded by California Labor Code section 3352. (b) "Employer" shall mean any person, partnership, or cor- poration ( including private, nonprofit and governmental) having not fewer than four persons performing services and receiving compensation therefor. 240-2 Q t 9.08. 030--9.08.060 (c ) "Places of employment" shall mean any building, struc- ture, or portion thereof; under the control of a private or public employer, where employees are present to perform a ser- vice, and members of the public may come to be served. (d) "Smoking" shall mean and include inhaling, exhaling, burning, or carrying any lighted smoking equipment for tobacco, or any other noxious weed or plant . (Ord. 2819, 20 Mar 86) 9.08.030 Elevators--Smoking prohibited. No person shall smoke in any elevator in any building open to the public in- cluding, but not restricted to, elevators in office, hotel, and multifamily buildings. (Ord. 2819, 20 Mar 86) 9.08. 040 Hospitals and health care facilities--Smoking prohibited . a No person shall smoke in any area, except those designated and posted for such purpose, of any hospital and health care facility, as defined in California Health and Safety Code section 1250. (b) Every publicly or privately-owned hospital and health care-facility shall assign patients rooms or wards, according to individual preference, and no nonsmoking patient shall be placed in a room or ward which has been designated for patients who smoke. (Ord. 2819, 20 Mar 86 9.08.050 Meeting rooms--Smoking prohibited. No person shall smoke in any hearing room, conference room, chamber or any place where public business is conducted, and to which mem- bers of the public are admitted, whether as participants or observers. (Ord. 2819, 20 Mar 86) ' 9.08.060 Theaters and auditoriums--Smoking prohibited. No person shall smoke in any publicly or privately-owned theater, auditorium or similar facility, designed and used for motion picture shows and stage productions, including but not re- stricted to musicals, concerts, recitals, operas , .and sporting events , except the lobby, and business or work areas barred to the public . Every person who owns, manages, or has control of a theater, auditorium, or facility used for the purposes stated herein, shall post signs conspicuously in the lobby informing the public that smoking is not permitted inside such theater, auditorium, or . facility. In the case of motion picture the- aters, such information shall be displayed on the screen for not less than five ( 5) seconds before the beginning of the fea- ture film. ' (Ord. 2819, 20 Mar 86) i ..�. 240-3 9. 08.070--9.06.100 9.08.070 Public restrooms--Smokingrohibited . No person shall smoke in any public restroom. (Ord. 2819, 20 Mar 86) 9.08.080 Eating establishments--Smoking in . Any person owning,managing, operating or 'having control of an eating es- tablishment or restaurant which has an approved occupant load of more than fifty (50) persons shall provide and maintain a nonsmoking section of not less than 25 percent of the enclosed area for seating patrons which is not part of a patio or out- door eating area, or that portion bf the premises utilized pri- marily for the sale of alcoholic beverages. The requirements of this section shall not apply to any room or rooms in a res- taurant or eating establishment which may be reserved for pri- vate functions . (Ord. 2819, 20 rear 86) 9.08.090 Employer compliance. As evidence of good faith compliance, an employer with four (4) or more employees, shall meet the following criteria: (a) Within 120 days after the effective date of this chap- ter, an employer shall adopt, implement and maintain a no smoking policy, containing a definition of "immediate work area, " which insofar as practicable, shall make reasonable pro- visions for nonsmokers and smokers . Such policy shall be posted in appropriate locations throughout the work place, and copies thereof furnished to all employees. (b) An employee may request, based on the employer 's pol- icy, that his or her immediate work area be designated non- smoking. Nonsmokers shall be given preference, and may lodge a complaint with the employer with respect to pollution by to- bacco smoke of his or her immediate work area . The employer shall , using existing ventilation, walls, temporary separations and partitions, make every effort to resolve any problem be- tween nonsmoking and smoking employees. (c) If an employer finds that the floor plan for a busi- ness does not provide sufficient relief for nonsmoking em- ployees, he may, when practicable, reassign such nonsmokers to other locations , enlarge the area in which smoking .is prohib- ited, or take any other reasonable measure to eliminate or re- duce the effect of tobacco smoke on nonsmokers. (Ord. 2819, 20 Mar 86) 9.06. 100 Exceptions . The provisions of this chapter. shall not apply to any business conducted from a private home , or any private work area occupied exclusively by persons who 240-4 9.08. 110--9.08. 140 r \ smoke, except where smoking has been prohibited by the fire marshal pursuant to statute, ordinance or other regulation. (Ord . 2819, 20 Mar 86) 9.08. 110 Sign requirement . Whenever, under the provisions of this c apter, the posting of a sign is required, the owner, manager, or other person in charge or control of a building, room, or other place where smoking is prohibited, shall place or cause to be placed conspicuous. "NO SMOKING" signs with capi- tal letters not less than one inch in height on a contrasting background . (Ord. 2819, 20 Mar 86) 9.08. 120 Structural modification not required. (a) All employers shall to the extent possible provide no-smoking areas for nonsmoking personnel, but shall not be required to incur any expense to make alterations or modifications to an existing structure. (b) No owner, operator, or manager of any theater, hospi- tal , health care facility, business, building, or structure shall be required to incur any expense to alter or modify an existing area or work place for the benefit of nonsmokers. (Ord. 2819, 20 Mar 86) 9 .08.130 Prohibitions . ( a) No employer, owner, operator, manager, or person in charge or control of any place of busi- ness, hospital or health care facility, or theater or place of entertainment shall fail to establish and post a written smoking policy on the premises, or fail to place conspicuous "no smoking" signs in appropriate areas, and insofar as practi- cable, shall fail to comply with the requirements of this chap- ter. (b) It shall be unlawful for any person wilfully to de- stroy or mutilate any sign which prohibits smoking. (c) It shall be unlawful for any person to smoke in any posted nonsmoking area . (Ord . 2819, 20 Mar 86) 9.08. 140 Violation--Penalty. Any person who violates or wilfully fails to comply with any provision of this chapter shall be guilty of an INFRACTION, and upon conviction thereof shall be subject to the following: (a) For the first offense, a fine not to exceed fifty dol- lars (W) ; �r 240-5 9.08.150 (b) For the second offense, occurring ninety (90) days after the first offense, a fine not to exceed one hundred dollars ($100) ; (c) For the third offense, occurring ninety ( 90) days after the second offense, a fine not to exceed one hundred dollars ($100) ; and (d) Thereafter a fine not to exceed two hundred fifty dollars ($250) shall be paid each"day, or portion thereof, during which an offense occurs. (Ord. 2819, 20 Mar 86) 9.08.150 Public nuisance--Civil remedy. Any violation of the provisions of this chapter may be declared a public nui- sance hereunder, and the city attorney may proceed to abate the same by filing a civil action in a court of competent juris- diction. (Ord. 2519, 20 Mar 86) I i 240-6 4 City clerk' s Office ------------( FC) --( 5 ) ----------- City Atty° s book/chamber Counter Records Manager Legislative drawer Codification CITY OF HUNTINGTON BEACH Ordinance (Planning) Code Updates (effective 7/21/93) Please Remove from Code Please Add to Code Article 986 Article 986 Article 940 Article 940 JUIIL� Huntington Beach Ordinance Code 9860-9868 Article 986 APPLICATIONS (495-6/46, 1524-10/69, 1650-7/71 , 2441-8/80, 3138-6/92, 3197-7/93) Sections• 9860 Form of Applications 9861 Verification of Application. Data. 9862 Rejection of Faulty Application 9863 Fees to Cover Costs 9864 Filing Fee 9865 Additional Fees 9866 Filing, Reference of Applications 9867 Repealed - Ord 3138-6/92 9868 Multiple Applications 9860 Form of Applications. The Community Development Department shall prescribe the form and scope of Applications and accompanying data, so as to assure the fullest practicable presentation of facts; and all Applications shall be made on such forms. (495-6/46, 3197-7/93) 9861 Verification of Application. Data. Every Application shall include a statement by at least one property owner who has signed such Application, and whose property is affected thereby, attesting to the truth and correctness of all statements, maps and other data presented with said Application. (495-6/46, 3197-7/93) 9862 Rejection of Faulty Application. The Community Development Department shall not accept for filing any application required to be filed which said application is not completed in the form required by this ordinance. (495-6/46, 1650-7/71 , 3197-7/93) 9863 Fees to Cover Costs. The City Council may prescribe fees to cover costs of estimated expense involved in the granting of Applications. (495-6/46, 3197-7/93) 9864 Filing Fee. At the time such Application is filed, a fee shall be collected for the use and benefit of the City and shall be deposited in its general fund. Such fees shall be set by resolution of the City Council . (2441-8/80, 3197-7/93) 9865 Additional Fees. Additional fees to cover costs of posting and advertising of hearing shall be required. (495-6/46) 9866 Filing, Reference of Applications. Applications shall be filed with the Director and shall be referred to the Planning Commission or Zoning Administrator as required by this code. (495-6/46, 3197-7/93) 9868 Multiple Applications. When any one application or a combination of applications is required to be filed for public hearing before the Planning Commission, all such applications shall be filed for public hearing before the (711 Planning Commission. (1524, 3197-7/93) 7/93 Huntington Beach Ordinance Code 9860 Article 986 PETITIONS (495-6/46, 1524-10/69, 1650-7/71 , 2441-8/80, 3138-6/92) Sections: 9860 Form of Petitions 9861 Verification of Petition. Data 9862 Rejection of Faulty Petition 9863 Fees to Cover Costs 9864 Filing Fee 9865 Additional Fees 9866 Filing, Reference of Petitions 9867 Repealed - Ord 3138-6/92 9868 Applications , as set forth in Section 9867 9860 Form of Petitions. The Commission shall prescribe the form and scope of petitions and accompanying data, so as to assure the fullest practicable presentation of facts; and all petitions shall. be made on such forms. (495) 9861 Verification of Petition. Data. Every petition for a conditional exception, as provided in Article 983, and for amendments, as provided in Article 982, shall include a statement by at least one property owner who has signed such petition, and whose property is affected thereby, attesting to the truth and correctness of all statements, maps and other data presented with said petition; and such verification shall be signed and acknowledged before the City Clerk or a Notary Public. (495) 9862 Rejection of Faulty Petition. The Planning Department shall not accept for filing any application required to be filed which said application is not completed in the form required by this ordinance and approved by the Commission. (495, 1650-7/71 ) 9863 Fees to Cover Costs. The Council may prescribe fees to cover costs of estimated expense involved in the granting of conditional exceptions or change of district boundaries. (495) 9864 Filing Fee. At the time such petition is filed, a fee for a conditional exception and for a zone change shall be collected for the use and benefit of the City and shall be deposited in its general fund. Such fees shall be set by resolution of the City Council . (2441-8/80) 9865 Additional Fees. Additional fees to cover costs of posting and advertising of hearing shall be required. (495) 9866 Filing, Reference of Petitions. Petitions shall be filed with the City Clerk and shall be referred to the Commission at its first meeting held subsequent to the time of such filing. (495) 9868 When any one application or a combination of applications , as set forth in Section 9867, is required to be filed for public hearing before the Planning Commission, all such applications shall be filed for public hearing before the Planning Commission. (1524) 5/92 � 9 4 9400--9400.2 i Article 940 (2488-6/81 , 2604-1 /83, 2937-5/88, 300.9=9/89) FL00DPLAIN SUFFIX (-FPI , -FP2, -FP3.) Sections: 9400 Statutory Authority 9400. 1 Findings of Fact 9400.2 Statement of Purpose 9400.3 Methods of Reducing Flood Hazards 9400.4 Establishment of Areas 9400.5 Areas Designated ` 9400.6 General Provisions 9400.7 Application 9400.8 Director--Responsibilities 9400.9 Permit Review 9400. 10 -FPI Permitted Uses 9400. 11 -FPI Conditional Uses 9400. 12 -FPI Prohibited Uses 9400. 13 -FP2 Permitted Uses 9400. 14 -FP2 Prohibited Uses 9400. 15 -FP2 Standards of Construction 9400. 16 -FP3 Permitted Uses 9400. 17 -FP3 Prohibited Uses r--� 9400. 18 -FP3 Standards of Construction 9400. 19 Variances/Appeal--General 9400.20 Variances/Appeals--Requirements 9400.21, Variances/Appeals--Findings 9400.22 Definitions 9400 _Statutory Authority_, The legislature of the state of California has inaGovernment Code Sections 65302, 65560 and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council has adopted the provisions contained in this article. (2937-5/88) 9400.1Findin.gs of Fact. The flood hazards of the City of Huntington Beach are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2937-5/88) These, flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities , and when inadequately anchored, damage uses in other areas . Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (2937-5/88) 9400.2State_ment of Purpose__ The Floodplain suffix regulations are intended. to apply to all areas of special flood hazard within the city. The Director is hereby appointed to administer and implement this article by granting or denying building permit applications in accordance with its ` 6/89 r e r 9400.2--9400.3(e) provisions. It is the purpose of these regulations to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (2937-5/88) (a) Protect human life and health; (2937-5/88) (b) Minimize expenditure of public money for costly flood control projects; (2937-5/88) (c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at 'the expense of the general public; (2937-5/88) (d) Minimize prolonged business interruptions; (2937-5/88) (e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (2937-5/88) ( f) Help maintain a stabl-e tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (2937-5/88) (g) Insure that potential buyers are notified that particular properties are within an area of special flood hazard; (2937-5/88) (h) Insure that those who occupy the areas of special flood hazard assume responsibility for their actions. (2937-5/88) 9400.3 _Methods of Reducinq Flood Hazards. In order to accomplish these purposes, this article includes methods and provisions for: (2937-5/88) (a) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities ; (2937-5/88) (b) Requiring that uses vulnerable to floods , including facilities which serve such uses , be'protected against flood damage at the time of initial construction; (2937-5/88) (c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers , which help accommodate or channel flood waters; (2937-5/88) (d) Controlling filling, grading, dredging, and other development which may increase flood damage; and (2937-5/88) (e) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas . (2937-5/88) 9/89 1 a 9400.4--9400.6(c) 9400.4 Establishment of Areas_ The areas of special flood hazard identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled, "Flood Insurance Study for the City of Huntington Beach," dated August 16, 1982 and an accompanying Flood Insurance Rate Map dated February 16, 1983 (revised September 15, 1989) are hereby adopted by reference and declared to be a part of this article. The Flood Insurance Study is on file in the office of the City Clerk. The Flood Insurance Study is the minimum area of applicability of this article and may be supplemented by studies for other areas which allow implementation of this article and which are recommended to the City Council by the Director. (2937-5/88, 3009-9/89) 9400.5 Areas Designated. (a) -_FP1 Area shall apply to that area designated as a floodway or right-of-way necessary for implementation of the Santa Ana River Channel Plan, as identified in the United States Army Corps of Engineers ' Phase 1 General Design Memorandum, and shown as -FP1 on any district map. (2937-5/88) (b) -FP2 Area shall apply to areas shown as A, AE, A0, and AH on the Flood Insurance Rate Map, adopted by this article, and shown as -FP2 on any district map. (2937-5/88, 3009-9/89) (c) -_FP3__ Area shall apply to areas shown as V or VE on the Flood Insurance Rate Map, adopted by this article, and shown as -FP3 on any district map. (2937-5/88, 3009-9/89) 9400_.6 _ General Provisions. (a) Com-liance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations . Violations of the provisions of this article by failure to comply with any of its . requirements shall constitute a misdemeanor (including violations of conditions and safeguards established in connection with approved projects) . Nothing herein shall prevent the City Council from f authorizing such lawful action as is necessary to prevent or remedy any violation. (2937-5/88) I (b) Abrogation and Greater Restrictions. This article is not intended to repeal , abrogate, or impair any existing easements , covenants , or deed restrictions . However, where this article or another article, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail . The Flood Insurance Rate Map shall take precedence over the district maps . (2937-5/88) (c) Int,erpretat_iOn. In the interpretation and application of this article, all provisions shall be considered as minimum requirements, liberally construed in favor of the governing body, and deemed neither to limit nor repeal any. other powers granted under state statutes . (2937-5/88) 9/89 t [ 9 [ 9400.6(d)--9400.8(b) (d) Warning and Disclaimer of Liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions . Flood heights may be increased by man—made or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This article shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damage that results from reliance on this article or any-administrative decision lawfully made thereunder. (2937-5/88) 9400.7 Application. (a) In any. base district where the district symbol is followed by the suffix "—FP" , the additional requirements, limitations, and standards contained in this article shall apply. In the event of conflicting provisions between those established for the base district and those contained in this article, the requirements of the —FP suffix shall take precedence. (29.37-5/88) (b) The —FP suffix shall be applied to all floodway, floodplain, flood hazard areas , and coastal high hazard areas identified, mapped and designated based upon: (2937-5/88) (1 ) The Flood Insurance Rate Maps (FIRMS) and Flood Boundary and Floodway Maps in and part of the Federal Insurance Administration' s "Flood Insurance Study for the City of Huntington Beach" on file in the office of the City Clerk; or (2) The design flood, as determined from engineering studies approved by the City Council . (c) If the Federal Insurance Administration has not provided base flood elevations , the Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal , state or other source. Any such information shall be submitted to the City Council for adoption. (2937-5/88) 9400_8 . Director_ReSgOnsibi_lities. The duties and responsibilities of the Director in enforcing the provisions of this article shall include, but not be limited to: (2937-5/88) (a) Reviewing building permits to determine that the permit requirements of this article have been satisfied, that all other required state and federal permits have been obtained, and that the site is reasonably safe from flooding. (2937-5/88) (b) Reviewing building permits to determine that the proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this article, "adversely affects" means that the cumulative J effect of the proposed development when combined with all other 9/89 4 9400.86)--9400.10 existing and anticipated development will increase the water surface elevation of the base flood more than one (1 ) foot at any point. (2937-5/88) (c). Making interpretations where needed as to the exact location of the boundaries of areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) . (2937-5/88) (d) Taking action to remedy violations of this article as sp:e.cif'ied in Section -9400.6(a) .' (2937-5/88) , (e) Obtaining and maintaining for public inspection flood insurance policy information concerning the certified elevation for residential developments and subdivisions, and the certification required for floor elevations , for developments located in areas where shallow flooding is likely to occur; for floodproofing of nonresidential developments; for coastal high hazard areas; for anchoring of manufactured homes; and for floodway encroachments. (2937-5/88) (f) Notifying adjacent communities and the California Department of Wa-ter Resources prior to any alteration or relocation of a watercourse, and evidence of such notification shall be submitted to the Federal Insurance Administration. The Director shall further insure that the floodcarrying capacity is maintained for any watercourse, or portion thereof, which has been altered or relocated. (2937-5/88) 9400._9 Permit Review. A building permit shall be obtained before I onstruction or development begins within any area of special flood hazard. Application for building permit shall be made on forms furnished by the Director and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures , fill , storage of materials , and drainage facilities . Specifically, the following information is required: (2937-5/88) (a) Proposed elevation in relation to mean sea level , of the lowest floor of all structures ; in -FP2, elevation of highest adjacent grade and- proposed elevation of lowest floor of all structures . (2937-5/88) (b) Proposed elevation in relation to mean sea level to which any structure will be floodproofed. (2937-5/88) (c) All appropriate certifications listed under Secti'o'n 9400.8'(e) . (2937-5/88) (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (2937-5/88) 9400._10_ -F!'1_Permitted_Use s. The following uses are permitted in an -FPl suffix area. (2937-5/88) 9/89 a r s 9400. 10(a)--9400.,12(f) (a) Flood and Road_Pro_iects_ Flood control channels, levees, spreading grounds and basins , roads, bridges and storm drains . (2937-5/88) (b) Agriculture.. All permitted general agricultural uses including farming, pastures or forestry which require no permanent structures, landfill,, storage of materials or equipment, or stream alteration that would result in .any increase in flood levels within the regulatory floodway. (2937-5/88) 9400.11 -FP1 Conditional Uses_ The following uses shall be permitted in an -FPl suffix area subject to approval of a conditional use permit by the Planning Commission: (2937-5/88) (a) Public utility facilities. (2937-5/88) (b) Temporary structures which can be readily removed in the time available after flood warning. (2937-5/88) (c) Recreation areas, parks, campgrounds , playgrounds , riding and hiking trails , parking lots , wildlife and natural preserves, and similar open space uses that do not have substantial permanent structures or improvements . (2937-5/88) 9400._1.2 -FP1 Prohibited Uses. The following uses are specifically prohibited in an -FP1 suffix area: (a) Landfills , excavations, improvements, developments, or encroachments that will obstruct or create debris-catching obstacles to passage of the design flood, or that cause a cumulative increase in the elevation of the design flood water profile at any point, or that will tend to broaden or direct flood flows out of the floodway, or impair the design flood conveyance capability of the floodway, or otherwise create a potential hazard to life or property resulting from flood flows. (2937-5/88) (b) All encroachments, including fill , new construction, substantial improvements , and other development unless certification by a registered engineer or architect is- provided demonstrating that such encroachments will not result in any increase in flood levels during the occurrence of a base flood discharge. (2937-5/88) (c) Permanent structures. (2937-5/88) (d) Buildings us-ed for habitation by human beings . (2937-5/88) (e) Storage of substances or materials capable of floating which could add to the debris load of a stream or watercourse. (2937-5/88) (f) Storage of chemicals , explosives, flammable liquids , toxic materials, or anything of a nature which could create a potential danger to the public health and welfare. (2937--5/88) 9/89 9400. 13 940.0;15Cb) 9400.13 -FP2 Permitted Uses. The following uses are: permitted i.n an 4P2 suffix area subject to approval of a building permit as provided 'by this article. (2937-5/88) (a) , Excavation and removal of rock, sand, gravel and other materials, providing that the integrity of the watercourse is preserv,ed. so that the permitted excavation area shall continue to receive and release floodwaters in a manner equal to the .established norm prior to any excavation. Further, such excavations shall not create a potential hazard to adjacent properties resulting from flood or erosion conditions . (2937-5/88) . (b) Landfills that do not encroach upon an area subject to -FP1 District regulations , do not cause floodwaters to be diverted onto adjacent properties , are protected against erosion from floodwaters, and do not increase the elevation of the design flood by more than one. (1 ) foot at any point, or that can fully provide for the design flood by means of watercourse improvements. (2937-5/88) (c) New structures and -improvements permitted by the base district which comply with all applicable standards of construction regq-tr.ed. (2937-5/88) (d) Manufactured homes when permitted by the base district which comply with all applicable standards of construction required. {2937-3/88) 9400_14 =FP2 Prohibited Uses. The following uses are specifically prohibited in an -FP2 suffix area: (a) Landfills ,. excavations, improvements , d.evel,opments, or encroachments that wi 11 o�b-struct or create debris-catclhi:ng ,obst.a.c;I&,s -to :passage of the desi,gn :flood ;or that cause a c.umul,at"ive i,n.crease in ti4e �e,l,e�y.at on of the design floodwater profile by more ;than one (;l ) foot .a:t ,any $p.oi nt or that will tend :to �b.roa.d:en or =di,rect flood flows out .of the -natur.a] fIood:pl ai.n, or otherwisse �c :iusze a .pot:enti,aJ {ha�z&nd ,to I i�f�e or ,p,ir_OPe,rty resulting from flood flows. (2937-548,8) (b) All uses not permitted by section `9430.13. (t293.7•"5;/,$'8,) 9400. 15 =FP,2 Standa-rds !of =ConstPru'c0'on.. (a) Ancho;ri_ng._, All new constr.ucti,on and &ubstanttal rimprovements shall !be anchored to prevent flotation, c,o,ll:aps,e :or 'd;ater.a.l :movement of the structure resu.lttng from .hydrodynami;c sand ,hy-.6 oszt- ti,c Loads,, +nc,,,l.,udi:n,g th;e effects of buoyancy. (2937=5/88) (b) Cons,truct_ion 'Material-s 'and Methods . All new con:sttru:ct=.i,on and substantial improvements shal'1 use 'constructi.on methods -and :pr.acti e,es that minimize flood damage, and shah u.til.i.ze mate,r.a,l=s :and .uti-l:i:ty equipment resistant to flood ,.damage. -Adequate ;dr:a,in:age ,,pattks :a:round structures on sl opes shall :,be .prov.i.ded to gu,i de flood , a;t:ers .;ar.ound and away from proposed -structures . .(2937-5488;) 9/89 a 9 Y 9400.15(c)--9400. 15(d)(3) (c) Elevation and Floodproofing: For. the following requirements, notification of compliance shall be submitted to the Director: (1 ) New construction and substantial improvement of any structure shall have the lowest floor elevated at or above the base flood elevation. Nonresidential structures shall meet the specific requirements for such structures contained in this section. Upon completion of the structure, the elevation of the lowest floor shall be certified by a registered engineer or surveyor. (2937-5/88) (2) New construction and substantial improvement of any structure in Zone AH or Zone AO shall have the lowest floor elevated above the highest adjacent grade at least as high as the depth number specified on the FIRM, or at least two (2) feet if no depth number is specified. Upon completion of the structure, compliance with the elevation requirements shall be certified by a registered engineer or surveyor. (2937-5/88, 3009-9/89) 0) Nonresidential construction shall either be elevated to comply with subsection (c) (1 ) or (2) , or together with attendant utility and sanitary facilities shall be floodproofed so that the structure is watertight below the base flood level and be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Where a door or window is located below base flood level , a registered engineer or architect shall certify as to the structure' s floodproofing. (2937-5/88) (4) All preliminary subdivision proposals shall identify the flood hazard area, the elevation of the base flood, and be consistent with the need to minimize flood damage. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards . (2937-5/88) (5) All final subdivision plans shall provide the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered engineer or surveyor. (2937-5/88) (d) Standards for Utilities and Mechanical Equipment: (1 ) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters . (2937-5/88) (2) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (2937-5/88) (3) All new construction and substantial improvements shall be constructed with electrical , heating, ventilation, plumbing and air conditioning equipment and other service facilities that are 9/89 940.0. 15(d)(3)--9400.17(c) designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (2937-5/88) (4) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (2937-5/.88) (e) Standards for Manufactured Homes: (1 ) All. new and replacement manufactured homes and additions to manufactured homes shall be elevated on compacted fill or on pilings so that the lowest floor is at or above the base flood elevation and shall be securely anchored to a permanent foundation system to resist flotation, collapse, or lateral movement, Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. If elevated on pilings the lots shall be large enough to permit steps ; the pilings shall be placed in stable- soil no more than ten feet apart; and reinforcement shall be provided for pilings more than six feet above ground level . . (2937-5/88) This paragraph applies to manufactured homes to be placed or substantially improved in an expansion to an existing manufactured home park or subdivision. This paragraph does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision except where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets , utilities and pads before the repair, reconstruction or improvement has commenced. (2937-5/88) (2) The installer or state agency responsible for regulating the placement, installation and anchoring of individual manufactured homes shall furnish certification of compliance with these standards to the Director. (2937-5/88) 9400.16 -FFP3 Permitted_Uses. All uses permitted in the base district regulations which comply with the standards of construction for -FP3 area are permitted subject to approval of a building permit as provided by this article. (2937-5/88) 9400.17 -FP3 Prohibited Uses. The following uses are specifically prohibited in an -FP3 suffix area: (2937-5/88) (a) The placement of manufactured homes except in existing parks or subdivisions . (2937-5/88) (b) Man-made alteration of sand dunes which would increase potential flood damage. (2937-5/88) - (c) All uses not permitted by section 9400. 16. (2937-5/88) 9/89 9400. 18--940018. (c)(4) 9400.18 -FP3 Standards of Construction. (a) All new construction shall be located on the landward side of the reach of the mean high tide. (2937-5/88) (b) Fill shall not be used for structural support of buildings. (2937-5/88) (c) Construction Methods : (1 ) Elevation. All buildings or structures shall be elevated so that the bottom of the lowest structural member of the lowest floor is located no lower than the base flood elevation level with all space below the lowest structural member open so as not to impede the flow of water, except for breakaway walls as specified in (4) of this subsection. (2937-5/88) (2) Structural Support._ All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns so that the bottom of the lowest horizontal structural member of the 1-owest floor (excluding the pilings or columns) is elevated at or above the base flood elevation; and the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have no more than a one percent chance of being equaled .or exceeded in any given year (100-year mean recurrence interval ) . (2937-5/88) (3) Certificat_ion. Compliance with subsections (c)(1 ) and (2) of this section shall be certified by a registered engineer or architect that the design and methods of construction proposed conform to accepted standards of practice. The Director shall obtain and maintain records of the elevation (in relation to mean sea level ) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. (2937-5/88) (4) Space Below the Lowest Floor. All new construction and substantial improvement shall have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls , open wood lattice-work or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. Such space shall not be fully enclosed and shall be used solely for parking of vehicles, building access or storage. (2937-5/88) All proposals for using space below the lowest floor shall be certified by a registered engineer or architect, or meet or` 9/89 1 _ _ 9400. 18(c)(4)--9400-.20.(b) exceed the following requirements. A minimum of two- openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one . foot above grade., Openings may be equipped with screens, r louvers, valves or other coverings or devices provided they permit the automatic entry and 'exit of floodwaters. (2937-5/88) 9400.19 Variances,/Appeals--General. The Planning. Commission shall hear and decide requests for variances from these provisions, as well as requests for appeals when it is alleged there is an error 'in any requirement, decision, or determination made by the Director in the enforcement or administration of this article. (2937-5/88) (a) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below base flood level , providing the standards listed in this section are considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. (2937-5/88) (b) Variances may be granted for new construction and substantial improvement and for other development necessary for the conduct of "a functionally dependent use provided that the provisions of Section 9400.20 are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety. (2937-5/88) (c) Any applicant to whom a variance is granted shall be provided written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk. A copy of the notice shall be recorded by the Director in the office of the Orange County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (2937-5/88) 9400.20 Variances/Appeals--Requirements. In reviewing applications , the Commission shall consider all relevant factors, including technical evaluations , this section, and other standards specified in this article. After consideration of the factors in this section, and the purposes of this code, the Planning Commission may attach conditions to the granting of variances as deemed necessary. (2937-5/88) (a) The danger that materials may be swept onto other lands to the injury of others; (2937-5/88) (b) The danger of life and property due to flooding or erosion damage; (2937-5/$8) 9/89 9400.20(c)--9400.21 (c) (c) The susceptibilty of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (2937-5/88) (d) The importance of ,the services provided to the community by the proposed facility; (2937-5/88) (e) The necessity of a waterfront location for the facility, if applicable; (2937-5/88) (f) The availability of a.lter.native locations for the proposed use which are not subject to flooding or erosion damage; (2937-5/88) (g) The compatibility of the proposed use with existing and anticipated developments; (2937-5/88) (h) The relationship of the proposed use to the comprehensive plan and .floodplain management program for that area; (2937-5/88) (i ) The safety of access. to the property in time of flood for ordinary and emergency vehicles; (2937-5/88) (j) The expected heights , velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and (2937-5/88) W The cost of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric and water services, and streets and bridges . (2937-5/88) 9400.21Variances/Appeals=_Findings._ The Planning Commission shall hear and decide all requests for variance, including requests for functionally dependent uses , subject to the findings listed below. Applications for variance shall be accompanied by a processing fee as set by resolution of the City Council . Variances shall only be granted upon a determination that the deviation is the minimum necessary to afford relief considering the flood hazard. The following findings shall be made by the Planning Commission: (2937-5/88) (a) A .showing of good and sufficient cause; (2937-5/88) (b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (2937-5/88) (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances . (2937-5/88) Any person aggrieved by a decision of the Planning Commission may appeal to the City Council . Applications for appeal shall be 9/89 94:00:21,(0--.94.00-22(7) accompanied by a -processing fee, as set by -re.sol uti on of th:e City Council . The Director shall maintain the records of all :appeal'szand variance proceedings and shall report -any variance approval to th-e Federal Insurance Administration upon request. U2S37=5.188) 9400.22 Definiti.ons. Except where the context clearly i ndi.cates othe:rw.i,s:e, the definitions given in this section shall govern the .provisions of this article. (2937-5/88) (1 ) Appeal : A request for review of- the Director' s i nter.preta:t.i.on :o`f any provision of this article, or a request for a varian.ce. .- `('2"937=5/-8'8) (2) Area of shallow flooding: A designated AO or AH zone on =.th.e flood Insurance Rate Map (FIRM) . The base flood depths range from one "to three feet, a' clearly-defined channel does notzexist; the path of flooding is unpredictable and indeterminate; and velocity `fIow •may -be evident. (2937-5/88, 3009-9/89) (3) Area of_sneci_al flood _hazard: The land in the floodplain within a community subject to a one percent or greater chance of -flooding in any given year. This area is designated as Zone A, AO, AH, AE, V and VE on the FIRM. (2937-5/88, 3009-9/89) (4) Base flood: A flood having a one percent chance of ,bei-rrg :equaled or �-� exceed in any 'gi.ven year (also called :the "100-,year flood"),. (2937-5/88) (5) Basement: Any area of the building having its floor s.ubgrade (below ground level ) on all sides. (2937-5/88) (6) Breakaway wa_11 : Any type of wal 1 , whether solid or 1 att'i.ce, .and „ whether constructed of concrete, masonry, wood., metal., plas'ti-c .or any other suitable building material which is not .part .of :the stru.ct.ural support of the building and which is designed to br.eak away under abnormally high tides or wave action without damage to the structural integrity of the building on which it is used or any b.uildin.g to which it might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and -no .more than .20 pounds per square foot. Use of breakaway walls must -be certified 'by a registered engineer or architect and shall meet the 'following conditions : (2937-5/88) (1 ) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (2937--5/88) (2) The elevated portion of the building shall not incur :any structural damage due to the effects of wind and water loads acting simultaneously in the event of a base flood. (2937=5/88) (7) Coastal high hazard area: The area subject to 'high velocity waters including, but not limited to, coastal and tidal inundation or tsunamis . The area is designated on a FIRM as Zone V and VE an'd as -FP3 -in- this article. (2937-5/88, 3009-9/89) 9/89 9400.22(8)--9400:.220 7) (8) Design flood: A flood against which protection is provided by means of land use regulation, flood protective or flood control works. When a federal flood control project has been authorized, the design flood will be .that defined by the cognizant agency. In all other cases, the design flood shall be either at the one-hundred-year-recurrence interval (base flood) or the standard project flood. (2937-5/88) (9) Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving excavating or drilling operations . (2937-5/88) (10) Existing_manufactured homeoark___or subdivision: A manufactured home park or subdivision for which the construction of facilities including utilities , final grading or pouring of pads and the construction of streets was completed before the effective date of the City' s floodplain management regulations. (2937-5/88) (11 ) Expansion to an existing manufactured home park or subdivision: The preparation of additional manufactured home sites in an existing manufactured home park or subdivision beyond those that had been completed prior to the effective date of the City' s floodplain management regulations . (2937-5/88) (12) Floo'd. or_flooding: A-general and temporary condition of partial or r complete inundation of normally dry land areas from the overflow of flood waters , and the unusual and rapid accumulation of runoff of surface waters from any source which are proximately caused or precipitated by accumulation of water on or under the ground. (2937-5/88) (13) flood Insurance Rate Map ,(FIRM)_ and_ Flood Boundary _and Floodway_._Map.: The official maps on which the Federal Insurance Administration has delineated the areas of special flood hazard, the risk premium zones and the floodways applicable to the. community. (2937-5/88) (14) Flood_ Insurance Study: The "Flood Insurance Study for the City of Huntington Beach," prepared by the Federal Insurance Administration, providing flood profiles, the FIRM, as well as the boundaries and the water surface .elevations of the base flood, including the Flood Insurance Rate Maps and the Flood Boundary and Floodway Maps. (2937-5/88) (15) Floodplain: Any land area susceptible to being inundated by water from any source. (2937-5/88) (16) Floodp lain_ management: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations . (2937-5/88) 07) Flood lain management_ requlations: Zoning ordinances , subdivision regulations , building codes, health regulations , special purpose 9/89 . . 6 94,0.0.,22 0 7)-=94.00.,22(24) ordinances (such as floodplain ordinance, grading or.di,nan.ce and .erosion control ordinance) and other applications of police power. Th.e term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage .preventi,on and reduction. (2937-5/88) (18) Fl_o.Qdproofing: Any combination of structural and nonstructural additions , changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (2937-5/88) (19) Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1 ) foot. The floodway also may be that land area necessary for the construction of physical works, including the lands necessary for construction of project levees, for the conveyance of the design flood discharge for an authorized federal flood control project. (2937-5/88) (20) Functionally dependent use: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities , port facilities that are necessary for the loading and unloading of cargo or passengers , and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. (2937-5/88) (21 ) H_ighest _ad.ja_cent__grad.e.: The highest natural elevation of the ground surface next to the proposed walls of a structure prior to construction. (2937-5/88) (22) Lowest floor: The. lowest floor of the lowest enclosed area (including basement) . An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this article. (2937-5/88) (23) Manufactured home: A structure, transportable i,n one or more sections , which is built on a permanent chassis and is designed for us.e with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term also includes park trailers, travel trailers , and other similar, ve.hi,cIe.s p.lace.d on a, site for greater than 180 consecutive days. Foy insurance purposes , the term does not include park trailers , travel' trailers, and: othe.r� similar vehicles . (2937-5/88) (24) Manufactured-home-park-or subdivision: A parcel (or contigu.o.us. parcels) of land divided into two or more manufactured home lots for sale: or rent. (2937-5/88) 9/89 9400.22(25)--9400.22(32) (25) Mean sea _level : For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community' s Flood Insurance Rate Map are referenced. (2937-5/88) (26) New construction: Structures for which the "start of construction" commenced on or after the effective date of the city' s floodplain management regulations. (See definition' 30) . (2937-5/88) (27) Person: An individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivision. (2937-5/88) (28) Remedy a violation: To bring the structure or other development into compliance with state or local floodplain management regulations, or, if not possible, to reduce the impacts of noncompliance. Ways in which impacts may be reduced include protecting the structure or other affected development from flood damage, implementing the enforcement provisions of the article or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. (2937-5/88) (29) S_a_nd4fn__.d_ Q5 : Naturally occurring accumulations of sand in ridges or mounds landward of the beach. (2937-5/88) (30) Start of con5tructi.on: ( for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348) Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings , the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways ; nor does it include excavation for a basement, footings , piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. (2937-5/88) (31 ) Structure: A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. (2937-5/88) (32) Substantial improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before such repair, reconstruction, or K improvement. (2937-5/88), / i 9/89 9400.22(32)--9400.22(34) Substantial improvement is considered to occur when the first alteration of any wall , ceiling , floor, or other structural part of the building commences whether or not that alteration affects the external dimensions of the structure. (2937-5/88) This term does not, however, include: ( 1 ) Any improvement to a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2937-5/88) (2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (2937-5/88) "Market Value" for a structure as used herein, shall be determined by its replacement value according to valuation figures in use by the Director prior to such repair, reconstruction, or improvement. In the alternative, the applicant may submit a report by a qualified real estate appraiser. (2937-5/88) "Cost" for a repair, reconstruction, or improvement project as used herein, shall be determined by valuation figures in use by the Director. (2937-5/88) (33) Variance: A grant of relief from the requirements of this article which permits construction in a manner which would otherwise be prohibited. (2937-5/88) (34) Violation: The failure of a structure or other development to be fully compliant with the community' s floodplain management regulations . A structure or other development without the elevation certificate, other certifications , or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided. (2937-5/88) 9/89 Huntington Beach Ordinance Code 9400--9400.2 r-�- Article 940 (2488-6/81 , 2604-1 /83, 2937-5/88, 3009-9/89, 3198-7/93) FLOODPLAIN SUFFIX (-FP1 . -FP2. -FP3) Sections: 9400 Statutory Authority 9400. 1 Findings of Fact 9400.2 Statement of Purpose 9400.3 Methods of Reducing Flood Hazards 9400.4 Establishment of Areas 9400.5 Areas Designated 9400.6 General Provisions 9400.7 Application 9400.8 Director--Responsibilities 9400.9 Permit Review 9400.10 -FP1 Permitted Uses 9400. 11 -FP1 Conditional Uses 9400.12 -FP1 Prohibited Uses 9400.13 -FP2 Permitted Uses 9400.14 -FP2 Prohibited Uses 9400.15 -FP2 Standards of Construction 9400.16 -FP3 Permitted Uses 9400.17 -FP3 Prohibited Uses 9400.18 -FP3 Standards of Construction 9400.19 Variances/Appeal--General 9400.20 Variances/Appeals--Requirements 9400.21 Variances/Appeals--Findings 9400.22 Definitions 9400 Statutory Authority. The legislature of the state of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council has adopted the provisions contained in this article. (2937-5/88) 9400.1 Findings of Fact. The flood hazards of the City of Huntington Beach are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief; and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2937-5/88) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas . Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (2937-5/88) 9400.2 Statement of Purpose. The Floodplain suffix regulations are intended to apply to all areas of special flood hazard within the city. The Director is hereby appointed to administer and implement this article by granting or denying building permit applications in accordance with its provisions . It is the purpose of these regulations to promote the public 7/93 Q 9400.2--9400.4 Huntington Beach Ordinance Code health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (2937-5/88) (a) Protect human life and health; (2937-5/88) (b) Minimize expenditure of public money for costly flood control projects; (2937-5/88) (c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (2937-5/88) (d) Minimize prolonged business interruptions; (2937-5/88) (e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (2937-5/88) i (f) Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (2937-5/88) (g) Insure that potential buyers are notified that particular properties are within an area of special flood hazard; (2937-5/88) (h) Insure that those who occupy the areas of special flood hazard assume responsibility for their actions. (2937-5/88) 9400.3 Methods of Reducing Flood Hazards. In order to accomplish these purposes, this article includes methods and provisions for: (2937-5/88) (a) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards , or which result in damaging increases in erosion or flood heights or velocities; (2937-5/88) (b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (2937-5/88) (c) Controlling the alteration of natural floodplains , stream channels, and natural protective barriers, which help accommodate or channel flood waters; (2937-5/88) (d) Controlling filling, grading, dredging, and other development which may increase flood damage; and (2937-5/88) (e) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas . (2937-5/88) 9400.4 Establishment of Areas. The areas of special flood hazard identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled, "Flood Insurance Study for the City of Huntington Beach," dated August 16, 1982• and 7/93 Huntington Beach Ordinance Code 9400.4--9400.6(d) accompanying Flood Insurance Rate Map dated February 16, 1983 (revised September 15, 1989) , the Orange County, county—wide FIRM and Flood Insurance Study, dated February 5, 1992 and all subsequent revisions and/or amendments are hereby adopted by reference and declared to be a part of this article. The Flood Insurance Studies are on file in the office of the City Clerk. The Flood Insurance Studies are the minimum area of applicability of this article and may be supplemented by studies for other areas which allow implementation of this article and which are recommended to the City Council by the Director. (2937-5/88, 3009-9/89, 3198-7/93) 9400.5 Areas Designated. (a) —FP1 Area shall apply to that area designated as a floodway or right—of—way necessary for implementation of the Santa Ana River Channel Plan, as identified in the United States Army Corps of Engineers ' Phase 1 General Design Memorandum, and shown as —FP1 on any district map. (2937-5/88) (b) —FP2 Area shall apply to areas shown as A, AE, AO, and AH on the Flood Insurance Rate Map, adopted by this article, and shown as —FP2 on any district map. (2937-5/88, 3009-9/89) (c) —FP3 Area shall apply to- areas shown as V or VE on the Flood Insurance Rate Map, adopted by this article, and shown as —FP3 on any district map. (2937-5/88, 3009-9/89) 9400.6 General Provisions. (a) Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violations of the provisions of this article by failure to comply with any of its requirements shall constitute a misdemeanor (including violations of conditions and safeguards established in connection with approved projects) . Nothing herein shall prevent the City Council from authorizing such lawful action as is necessary to prevent or remedy any violation. (2937-5/88) (b) Abrogation and Greater Restrictions. This article is not intended to repeal , abrogate, or impair any existing easements, covenants , or deed restrictions. However, where this article or another article, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail . The Flood Insurance Rate Map shall take precedence over the district maps. (2937-5/88) (c) Interpretation. In the interpretation and application of this article, all provisions shall be considered as minimum requirements, liberally construed in favor of the governing body, and deemed neither to limit nor repeal any other powers granted under state statutes. (2937-5/88) (d) Warning and Disclaimer of Liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man—made or natural causes. This article does not imply that land 7/93 9400.6(d)--9400.8(c) Huntington Beach Ordinance Code outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This article shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damage that results from reliance on this article or any administrative decision lawfully made thereunder. (2937-5/88) 9400.7 Application. (a) In any base district where the district symbol is followed by the suffix "-FP", the additional requirements, limitations, and standards contained in this article shall apply. In the event of conflicting provisions between those established for the base district and those contained in this article, the requirements of the -FP suffix shall take precedence. (2937-5/88) (b) The -FP suffix shall be applied to all floodway, floodplain, flood hazard areas, and coastal high hazard areas identified, mapped and designated based upon: (2937-5/88) (1 ) The Flood Insurance Rate Maps (FIRMS) and Flood Boundary and Floodway Maps in and part of the Federal Insurance Administration' s "Flood Insurance Study for-the City of Huntington Beach" on file in the office of the City Clerk; or (2) The design flood, as determined from engineering studies approved by the City Council . (c) If the Federal Insurance Administration has not provided base flood elevations, the Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal , state or other source. Any such information shall be submitted to the City Council for adoption. (2937-5/88) 9400.8 Director--Responsibilities. The duties and responsibilities of the Director in enforcing the provisions of this article shall include, but not be limited to: (2937-5/88) (a) Reviewing building permits to determine that the permit requirements of this article have been satisfied, that all other required state and federal permits have been obtained, and that the site is reasonably safe from flooding. (2937-5/88) (b) Reviewing building permits to determine that the proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this article, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one (1 ) foot at any point. (2937-5/88) (c) Making interpretations where needed as to the exact location of the boundaries of areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) . (2937-5/88) 7/93 Huntington Beach Ordinance Code 9400.8(d)--9400. 11 (b) (d) Taking action to remedy violations of this article as specified in Section 9400.6(a) . (2937-5/88) (e) Obtaining and maintaining for public inspection flood insurance policy information concerning the certified elevation for residential developments and subdivisions, and the certification required for floor elevations, for developments located in areas where shallow flooding is likely to occur; for floodproofing of nonresidential developments; for coastal high hazard areas; for anchoring of manufactured homes; and for floodway encroachments. (2937-5/88) (f) Notifying adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and evidence of such notification shall be submitted to the Federal Insurance Administration. The Director shall further insure that the floodcarrying capacity is maintained for any watercourse, or portion thereof, which has been altered or relocated. (2937-5/88) 9400.9 Permit Review. A building permit shall be obtained before construction or development begins within any area of special flood hazard. Application for building permit shall be made on forms furnished by the Director and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill , storage of materials , and drainage facilities. Specifically, the following information is required: (2937-5/88) (a) Proposed elevation in relation to mean sea level , of the lowest floor of all structures; in -FP2, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures. (2937-5/88) (b) Proposed elevation in relation to mean sea level to which any structure will be floodproofed. (2937-5/88) (c) All appropriate certifications listed under Section 9400.8(e) . (2937-5/88) (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (2937-5/88) 9400.10 -FP1 Permitted Uses. The following uses are permitted in an -FP1 suffix area. (2937-5/88) (a) Flood and Road Projects. Flood control channels, levees, spreading grounds and basins, roads, bridges and storm drains. (2937-5/88) (b) Agriculture. All permitted general agricultural uses including farming, pastures or forestry which require no permanent structures , landfill , storage of materials or equipment, or stream alteration that would result in any increase in flood levels within the regulatory floodway. (2937-5/88) 9400.11 -FP1 Conditional Uses. The following uses shall be permitted in an -FP1 suffix area subject to approval of a conditional use permit by the Planning Commission: (2937-5/88) 7/93 C 9400.11 (a)--9400. 13(b) Huntington Beach Ordinance Code (a) Public utility facilities. (2937-5/88) (b) Temporary structures which can be readily removed in the time available after flood warning. (2937-5/88) (c) Recreation areas, parks, campgrounds, playgrounds, riding and hiking trails, parking lots, wildlife and natural preserves, and similar open space uses that do not have substantial permanent structures or improvements. (2937-5/88) 9400.12 -FP1 Prohibited Uses. The following uses are specifically prohibited in an -FP1 suffix area: (a) Landfills, excavations, improvements, developments, or encroachments that will obstruct or create debris-catching obstacles to passage of the design flood, or that cause a cumulative increase in the elevation of the design flood water profile at any point, or that will tend to broaden or direct flood flows out of the floodway, or impair the design flood conveyance capability of the floodway, or otherwise create a potential hazard to life or property resulting from flood flows. (2937-5/88) (b) All encroachments, including fill , new construction, substantial improvements, and other-development unless certification by a registered engineer or architect is provided demonstrating that such encroachments will not result in any increase in flood levels during the occurrence of a base flood discharge. (2937-5/88) (c) Permanent structures. (2937-5/88) (d) Buildings used for habitation by human beings. (2937-5/88) (e) Storage of substances or materials capable of floating which could add to the debris load of a stream or watercourse. (2937-5/88) (f) Storage of chemicals, explosives, flammable liquids, toxic materials, or anything of a nature which could create a potential danger to the public health and welfare. (2937-5/88) 9400.13 -FP2 Permitted Uses. The following uses are permitted in an -FP2 suffix area subject to approval of a building permit as provided by this article. (2937-5/88) (a) Excavation and removal of rock, sand, gravel and other materials, providing that the integrity of the watercourse is preserved so that the permitted excavation area shall continue to receive and release floodwaters in a manner equal to the established norm prior to any excavation. Further, such excavations shall not create a potential hazard to adjacent properties resulting from flood or erosion conditions. (2937-5/88) (b) Landfills that do not encroach upon an area subject to -FP1 District regulations, do not cause floodwaters to be diverted onto adjacent properties, are protected against erosion from floodwaters, and do not increase the elevation of the design flood by more than one (1 ) foot at any point, or that can fully provide for the design flood by means .of watercourse improvements. (2937-5/88) 7/93 Huntington Beach Ordinance Code 9400. 13(c)--9400.15(c)(3) (c) New structures and improvements permitted by the base district which comply with all applicable standards of construction required. (2937-5/88) (d) Manufactured homes when permitted by the base district which comply with all applicable standards of construction required. (2937-5/88) 9400.14 -FP2 Prohibited Uses. The following uses are specifically prohibited in an -FP2 suffix area: (a) Landfills, excavations, improvements, developments, or encroachments that will obstruct or create debris-catching obstacles to passage of the design flood or that cause a cumulative ,increase in the elevation of the design floodwater profile by more than one (1 ) foot at any point or that will tend to broaden or direct flood flows out of the natural floodplain, or otherwise cause a potential hazard to life or property resulting from flood flows. (2937-5/88) (b) All uses not permitted by section 9430.13. (2937-5/88) 9400.15 -FP2 Standards of Construction. (a) Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (2937-5/88) (b) Construction Materials and Methods. All new construction and substantial improvements shall use construction methods and practices that minimize flood damage, and shall utilize materials and utility equipment resistant to flood damage. Adequate drainage paths around structures on slopes shall be provided to guide flood waters around and away from proposed structures. (2937-5/88) (c) Elevation and Floodproofing: For the following requirements, notification of compliance shall be submitted to the Director: (1 ) New construction and substantial improvement of any structure shall have the lowest floor elevated at or above the base flood elevation. Nonresidential structures shall meet the specific requirements for such structures contained in this section. Upon completion of the structure, the elevation of the lowest floor shall be certified by a registered engineer or surveyor. (2937-5/88) (2) New construction and substantial improvement of any structure in Zone AH or Zone AO shall have the lowest floor elevated above the highest adjacent grade at least as high as the depth number specified on the FIRM, or at least two (2) feet if no depth number is specified. Upon completion of the structure, compliance with the elevation requirements shall be certified by a registered engineer or surveyor. (2937-5/88, 3009-9/89) C", (3) Nonresidential construction shall either be elevated to comply with subsection (c) (1 ) or (2) , or together with attendant utility and sanitary facilities shall be floodproofed so that the structure 'is 7/93 9400. 15(c)(3)--9400. 15(e)(1 ) Huntington Beach Ordinance Code watertight below the base flood level and be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Where a door or window is located below base flood level , a registered engineer or architect shall certify as to the structure' s floodproofing. (2937-5/88) (4) All preliminary subdivision proposals shall identify the flood hazard area, the elevation of the base flood, and be consistent with the need to minimize flood damage. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. (2937-5/88) (5) All final subdivision plans shall provide the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered engineer or surveyor. (2937-5/88) (d) Standards for Utilities and Mechanical Equipment: (1 ) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. (2937-5/88) (2) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (2937-5/88) (3) All new construction and substantial improvements shall be constructed with electrical , heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (2937-5/88) (4) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (2937-5/88) (e) Standards for Manufactured Homes: (1 ) All new and replacement manufactured homes and additions to manufactured homes shall be elevated on compacted fill or on pilings so that the lowest floor is at or above the base flood elevation and shall be securely anchored to a permanent foundation system to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. If elevated on pilings the lots shall be large enough to permit steps; the pilings shall be placed in stable soil no more than ten feet apart; and reinforcement shall be provided for pilings more than six feet above ground level . (2937-5/88) This paragraph applies to manufactured homes to be placed or substantially improved in an expansion to an existing manufactured home park or subdivision. This paragraph does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision except where the 1"D repair, reconstruction, or improvement of the streets , utilities and pads equals or exceeds 50 percent of the value of the streets, 7193 Huntington Beach Ordinance Code 9400.15(e)(1 )--9400.18(c)(2) utilities and pads before the repair, reconstruction or improvement has commenced. (2937-5/88) (2) The installer or state agency responsible for regulating the placement, installation and anchoring of individual manufactured homes shall furnish certification of compliance with these standards to the Director. (2937-5/88) 9400.16 -FP3 Permitted Uses. All uses permitted in .the base district regulations which comply with the standards of construction for -FP3 area are permitted subject to approval of a building permit as provided by this article. (2937-5/88) 9400.17 -FP3 Prohibited Uses. The following uses are specifically prohibited in an -FP3 suffix area: (2937-5/88) (a) The placement of manufactured homes except in existing parks or subdivisions. (2937-5/88) (b) Man-made alteration of sand dunes which would increase potential flood damage. (2937-5/88) (c) All uses not permitted by section 9400. 16. (2937-5/88) 9400.18 -FP3 Standards of Construction. (a) All new construction shall be located on the landward side of the reach of the mean high tide. (2937-5/88) (b) Fill shall not be used for structural support of buildings. (2937-5/88) (c) Construction Methods: (1 ) Elevation. All buildings or structures shall be elevated so that the bottom of the lowest structural member of the lowest floor is located no lower than the base flood elevation level with all space below the lowest structural member open so as not to impede the flow of water, except for breakaway walls as specified in (4) of this subsection. (2937-5/88) (2) Structural Support. All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated at or above the base flood elevation; and the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have no more than a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval ) . (2937-5/88) (3) Certification. Compliance with subsections (c)(1 ) and (2) of this section shall be certified by a registered engineer or architect that the design and methods of construction proposed conform to accepted 7/93 9400. 18(c)(3)--9400.19(c) Huntington Beach Ordinance Code standards of practice. The Director shall obtain and maintain records of the elevation (in relation to mean sea level ) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. (2937-5/88) (4) Space Below the Lowest Floor. All new construction and substantial improvement shall have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. Such space shall not be fully enclosed and shall be used solely for parking of vehicles, building access or storage. (2937-5/88) All proposals for using space below the lowest floor shall be certified by a registered engineer or architect, or meet or exceed the following requirements. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with-screens, louvers, valves or other coverings or devices provided they permit the automatic entry and exit of floodwaters. (2937-5/88) 9400.19 Variances/Appeals--General . The Planning Commission shall hear and decide requests for variances from these provisions, as well as requests for appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director in the enforcement or administration of this article. (2937-5/88) (a) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below base flood level , providing the standards listed in this section are considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. (2937-5/88) (b) Variances may be granted for new construction and substantial improvement and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Section 9400.20 are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety. (2937-5/88) (c) Any applicant to whom a variance is granted shall be provided written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk. A copy of the notice shall be recorded by the Director in the office of the Orange County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (2937-5/88) 7/93 ' r a Huntington Beach Ordinance Code 9400.19(c)--9400.21 9400.20 Variances/Appeals--Requirements. In reviewing applications , the Commission shall consider all relevant factors, including technical evaluations, this section, and other standards specified in this article. After consideration of the factors in this section, and the purposes of this code, the Planning Commission may attach conditions to the granting of variances as deemed necessary. (2937-5/88) (a) The danger that materials may be swept onto other lands to the injury of others; (2937-5/88) (b) The danger of life and property due to flooding or erosion damage; (2937-5/88) (c) The susceptibilty of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (2937-5/88) (d) The importance of the services provided to the community by the proposed facility; (2937-5/88) (e) The necessity of a waterfront location for the facility, if applicable; (2937-5/88) (f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (2937-5/88) (g) The compatibility of the proposed use with existing and anticipated developments; (2937-5/88) (h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (2937-5/88) (i ) The safety of access to the property in time of flood for ordinary and emergency vehicles; (2937-5/88) (j) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and (2937-5/88) W The cost of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric and water services, and streets and bridges. (2937-5/88) 9400.21 Variances/Appeals--Findings. The Planning Commission shall hear and decide all requests for variance, including requests for functionally dependent uses, subject to the findings listed below. Applications for variance shall be accompanied by a processing fee as set by resolution of the City Council . Variances shall only be granted upon a determination that the deviation is the minimum necessary to afford relief considering the flood hazard. The following findings shall be made by the Planning Commission: (2937-5/88) (a) A showing of good and sufficient cause; (2937-5/88) 7/93 I o � t 9400.21 (b)--9400.22(6)(1 ) Huntington Beach Ordinance Code (b9 A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (2937-5/88) (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (2937-5/88) Any person aggrieved by a decision of the Planning Commission may appeal to the City Council . Applications for appeal shall be accompanied by a processing fee, as set by resolution of the City Council . The Director shall maintain the records of all appeals and variance proceedings and shall report any variance approval to the Federal Insurance Administration upon request. (2937-5/88) 9400.22 Definitions. Except where the context clearly indicates otherwise, the definitions given in this section shall govern the provisions of this article. (2937-5/88) (1 ) Appeal : A request for review of the Director' s interpretation of any provision of this article, or a request for a variance. (2937-5/88) (2) Area of shallow flooding: A designated AO or AH zone on the flood Insurance Rate Map (FIRM) . The base flood depths range from one to three feet, a clearly-defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. (2937-5/88, 3009-9/89) 0 (3) Area of special flood hazard: The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area is designated as Zone A, AO, AH, AE, V and VE on the FIRM. (2937-5/88, 3009-9/89) (4) Base flood: A flood having a one percent chance of being equaled or exceed in any given year (also called the "100-year flood") . (2937-5/88) (5) Basement: Any area of the building having its floor subgrade (below ground level ) on all sides. (2937-5/88) (6) Breakaway wall : Any type of wall , whether solid or lattice, and whether constructed of concrete, masonry, wood, metal , plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which it is used or any building to which it might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: (2937-5/88) (1 ) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (2937-5/88) 7/93 Huntington Beach Ordinance Code 9400.22(6)(2)--9400.22(15) (2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of a base flood. (2937-5/88) (7) Coastal high hazard area: The area subject to high velocity waters including, but not limited to, coastal and tidal inundation or tsunamis. The area is designated on a FIRM as Zone V and VE and as -FP3 in this article. (2937-5/88, 3009-9/89) (8) Design flood: A flood against which protection is provided by means of land use regulation, flood protective or flood control works. When a federal flood control project has been authorized, the design flood will be that defined by the cognizant agency. In all other cases, the design flood shall be either at the one-hundred-year-recurrence interval (base flood) or the standard project flood. (2937-5/88) (9) Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving excavating or drilling operations. (2937-5/88) (10) Existing manufactured home park or subdivision: A manufactured home park or subdivision for which the construction of facilities including utilities, final grading or pouring of pads and the construction of streets was completed before the effective date of the City' s floodplain management regulations. (2937-5/88) (11 ) Expansion to an existing manufactured home park or subdivision: The preparation of additional manufactured home sites in an existing manufactured home park or subdivision beyond those that had been completed prior to the effective date of the City' s floodplain management regulations. (2937-5/88) (12) Flood or flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of flood waters, and the unusual and rapid accumulation of runoff of surface waters from any source which are proximately caused or precipitated by accumulation of water on or under the ground. (2937-5/88) (13) Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map: The official maps on which the Federal Insurance Administration has delineated the areas of special flood hazard, the risk premium zones and the floodways applicable to the community. (2937-5/88) (14) Flood Insurance Study: The "Flood Insurance Study for the City of Huntington Beach," prepared by the Federal Insurance Administration, providing flood profiles, the FIRM, as well as the boundaries and the water surface elevations of the base flood, including the Flood Insurance Rate Maps and the Flood Boundary and Floodway Maps. (2937-5/88) (15) Floodplain: Any land area susceptible to being inundated by water from any source. (2937-5/88) 7/93 9400.22(16)--9400.23 Huntington Beach Ordinance Code (16) Floodplain management: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. (2937-5/88) (17) Floodplain management regulations: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. (2937-5/88) (18) Floodproofing: Any combination of structural and nonstructural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (2937-5/88) (19) Floodwav: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1 ) foot. The floodway also may be that land area necessary for the construction of physical works, including the lands necessary for construction of project levees, for the conveyance of the design flood discharge for an authorized federal flood control project. (2937-5/88) (20) Functionally dependent use: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. (2937-5/88) (21 ) Highest adjacent grade: The highest natural elevation of the ground surface next to the proposed walls of a structure prior to construction. (2937-5/88) (22) Lowest floor: The lowest floor of the lowest enclosed area (including basement) . An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building' s lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this article. (2937-5/88) (23) Manufactured home: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities . For floodplain management purposes , the term also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term does not include park trailers, travel trailers , and other similar vehicles . (2937-5/88) 7/93 ✓ i 4 . b Huntington Beach Ordinance Code 9400.24--9400.32 (24) Manufactured home park or subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. (2937-5/88) (25) Mean sea level : For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community' s Flood Insurance Rate Map are referenced. (2937-5/88) (26) New construction: Structures for which the "start of construction" commenced on or after the effective date of the city' s floodplain management regulations. (See definition 30) . (2937-5/88) (27) Person: An individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivision. (2937-5/88) (28) Remedy a violation: To bring the structure or other development into compliance with state or local floodplain management regulations, or, if not possible, to reduce the impacts of noncompliance. Ways in which impacts may be reduced include protecting the structure or other affected development from flood damage, implementing the enforcement provisions of the article or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. (2937-5/88) (29) Sand dunes: Naturally occurring accumulations of sand in ridges or mounds landward of the beach. (2937-5/88) (30) Start of construction: (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348) Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. (2937-5/88) (31 ) Structure: A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. (2937-5/88) (32) Substantial improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before such repair, reconstruction, or improvement. (2937-5/88) 7/93 9400.32--9400.34 Huntington Beach Ordinance Code Substantial improvement is considered to occur when the first alteration of any wall , ceiling, floor, or other structural part of the building commences whether or not that alteration affects the external dimensions of the structure. (2937-5/88) This term does not, however, include: (1 ) Any improvement to a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2937-5/88) (2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (2937-5/88) "Market Value" for a structure as used herein, shall be determined by its replacement value according to valuation figures in use by the Director prior to such repair, reconstruction, or improvement. In the alternative, the applicant may submit a report by a qualified real estate appraiser. (2937-5/88) "Cost" for a repair, reconstruction, or improvement project as used herein, shall be determined by valuation figures in use by the Director. (2937-5/88) (33) Variance: A grant of relief from the requirements of this article which permits construction in a manner which would otherwise be prohibited. (2937-5/88) (34) Violation: The failure of a structure or other development to be fully compliant with the community' s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is Ki provided. (2937-5/88) 7/93 CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES Effective 5/19/93 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 5.64 Chapter 5.64 PLEASE NOTE CHANGE IN CHAPTER 5.64.110(b) CHANGED DUE TO CLERICAL ERROR Laura A. Nelson, Deputy �• Records Division (714) 374-1559 0339M Huntington Beach Municipal Code 5.64.010--5.64.020 Chapter 5.64 BINGO GAMES (2102-9/76, 2220-10/77, 2446-9/80, 2694-7/84, Urg. Ord. 2728-9/84, 3137-6/92, 3190-5/93) Sections• 5.64.010 Definitions 5.64.015 Permit--Required 5.64.020 Organizations eligible for city permit to conduct bingo games 5.64.030 Application for permit 5.64.040 Applicant must be qualified 5.64.050 Contents of application 5.64.060 Investigation of applicant 5.64.070 Contents of permit 5.64.080 Suspension of permit 5.64.090 Suspension of permit--Appeal procedure 5.64.100 Maximum amount of prize 5.64.110 Profits to be kept in separate fund or account 5.64.115 Disbursements from fund or account 5.64.120 Financial interest in permittee only 5.64.130 Exclusive operation by permittee 5.64. 140 Bingo games open to public 5.64.150 Attendance limited to occupancy capacity 5.64.160 Bingo games conducted only on permittee' s property 5.64.170 Minors not to participate 5.64.180 Intoxicated persons not to participate 5.64.190 Hours and days of operation 5.64.200 Participant must be present 5.64.010 Definitions. "Bingo game," as used in this chapter, means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random and which game is either: (a) Conducted among persons any or all of whom have paid or promised to pay, any valuable consideration for the right to participate in such game; or (b) Conducted among persons none of whom has paid, or promised to pay, any valuable consideration for the right to participate where the total value of the prizes awarded in such game exceeds twenty-five dollars ($25) . (2102-9/76, 2220-10/77, 2446-9/80) 5.64.015 Permit--Required. No person shall conduct any bingo game within the City of Huntington Beach without first obtaining a permit to do so from the City pursuant to this chapter. Any person conducting a bingo game without a permit to do so as required by this chapter shall be guilty of a MISDEMEANOR. (2220-10/77) 5.64.020 Organizations eligible for city permit to conduct bingo games. No person shall be eligible for a bingo permit unless such person is a mobilehome park association or a senior citizens organization or is an organization exempt from the payment of the bank and corporation tax by any one of the 5/93 5.64.020--5.64.050(h) Huntington Beach Municipal Code following: sections 23701 (a) , 23701 (b) , 23701 (d) , 23701 (e) , 23701 (f) , 23701 (g) or 23701 (1 ) of the California Revenue and Taxation Code; and provided r that the proceeds of such games are used only for charitable purposes. (2102-9/76, 2220-10/77) 5.64.030 Applications for permit. Eligible organizations desiring to obtain such permit to conduct bingo games in the City of Huntington Beach shall file an application in writing therefor in the Office of the License Supervisor on a form to be provided by the License Supervisor. The issuing authority shall be the City Administrator. (2102-9/76, 2220-10/77) 5.64.040 Applicant must be qualified. No permit shall be issued to any organization unless such applicant is an eligible organization under section 326.5 of the California Penal Code and section 5.64.020 of this chapter and its application conforms to the requirements, terms and conditions of this chapter. (2102-9/76, 2220-10/77) 5.64.050 Contents of application. Said application for a permit shall contain the following: (a) The name of the applicant organization and a statement that applicant is an eligible organization under section 5.64.020. (b) The name and signature of at least two (2) officers, including the presiding officer, of the organization. (c) The particular property within the City of Huntington Beach, including the street number, owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy load as noted on the certificate of occupancy issued for such property. Nothing in this chapter shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (d) Proposed days of week and hours of day for conduct of bingo games. (e) That the applicant agrees to conduct bingo games in strict accordance with the provisions of section 326.5 of the Penal Code and this chapter as they may be amended from time to time, and agrees that the permit to conduct bingo games may be revoked by the City Administrator upon violation of any of such provisions. (f) Said application shall be signed by the applicant under penalty of perjury. (g) An annual permit fee fixed by the City Council by resolution shall accompany the application. The annual fee, whether for the initial permit or renewal shall not exceed fifty dollars ($50) . If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization. (h) The applicant shall also submit, with its application, written proof that it is a mobilehome park association or a senior citizens organization or written proof from the state franchise board that it is an organization exempt from the payment of the bank and corporation tax by any one of the 5/93 Huntington Beach Municipal Code 5.64.050(h)--5.64.090(b) following: sections 23701 (a) , 23701 (b) , 23701 (d) , 23701 (e) , 23701(f) , 23701 (g) or 237010 ) of the Revenue and Taxation Code of the state of California. Such written proof must be in� a form acceptable to the City of Huntington Beach. (2102-9/76, 2220-10/77) 5.64.060 Investigation of applicant. Upon receipt of the completed application and the fee, the finance director shall refer the same to interested departments of the City, including but not limited to the City Administrator, Police Department, and the Fire Department for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies, and the extent to which it qualifies, as property on which bingo games may lawfully be conducted as to fire, occupancy and other applicable restrictions. (2102-9/76, 2220-10/77) 5.64.070 Contents of permit. Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the City of Huntington Beach, the City Administrator shall issue a permit to said applicant, which shall contain the following information: (a) The name and nature of the organization to whom the permit is issued. (b) The address where bingo games are authorized to be conducted. (c) The occupancy load is noted on the certificate of occupancy issued for the property in which bingo games are to be conducted. (d) The date of the expiration of such permit. (e) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. (2102-9/76, 2220-10/77) 5.64.080 Suspension of permit. (a) Whenever it appears to the City Administrator that the permittee is conducting a bingo game in violation of any of the provisions of this chapter, the City Administrator shall have the authority to suspend the permit and order the permittee to cease and desist immediately any further operation of any bingo game. (b) Any person who continues to conduct a bingo game after suspension thereof under subsection (a) above shall be guilty of a MISDEMEANOR. (2102-9/76, 2220-10/77) 5.64.090 Suspension of permit--Appeal procedure. The procedure for appeal following suspension of permit is as follows: (a) Within seven (7) days after the receipt of the notice of suspension, the applicant shall file a notice of appeal with the City Clerk, addressed to the City Council , and stating the basis of the appeal . (b) The City Clerk shall schedule a hearing to be held within fifteen (15) days of the filing of the notice of appeal . The City Clerk shall cause the applicant to be given notice of the hearing by certified mail at least five (5) days in advance of the date of the hearing. The applicant, or his designated representative, may appear before the City Council , and 5/93 5.64.090(b)--5.64. 130(a) Huntington Beach Municipal Code make an oral presentation of the appeal , or he may make the appeal through a written statement, or he may do both. The City Council shall rule on the appeal within fifteen (15) days after it is heard and such ruling shall be final . (2102-9/76, 2220-10/77) 5.64.100 Maximum amount of prize. The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250) in cash or kind, or both, for each separate game which is held. (2102-9/76, 2220-10/77) 5.64.110 Profits to be kept in separate fund or account. With respect to organizations exempt from payment of the bank and corporation tax by section 23701 (d) of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows: (a) Such proceeds may be used for prizes. (b) A portion of such proceeds, not to exceed twenty (20%) percent of the proceeds before the deduction for prizes, or one thousand dollars ($1 ,000) per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel . (3190-5/93) The City of Huntington Beach, by and through its authorized officers, shall have the right to examine and audit all books and records of any permittee hereunder at any reasonable time and permittee shall fully cooperate with the City of Huntington Beach by making such books and records available. (2102-9/76, 2220-10/77) 5.64.115 Disbursements from fund or account. All disbursements from the special bingo fund or account shall be by consecutively-numbered checks , signed by two authorized officers of the permittee organization and shall be payable to a specific individual or organization. There shall be written on each check the nature of the expenditure for which the check is drawn. No checks shall be payable to "cash" except those written to establish and maintain a petty cash fund which shall contain no more than twenty-five dollars ($25) at any time. The check shall be marked "For deposit to petty cash fund. " Any disbursement from the petty cash fund shall be evidenced by a receipt showing the amount, reason for disbursement, and the name of the individual or organization receiving the money. (2694-7/84) 5.64.120 Financial interest in permittee only. No individual , corporation, partnership, or other legal entity except the permittee, shall hold a financial interest in the conduct of such bingo game. (2102-9/76, 2220-10/77) 5.64.130 Exclusive operation by permittee. (a) A bingo game shall be operated and staffed only by members of the permittee organization. Such members shall not receive a profit, wage or 5/93 Huntington Beach Municipal Code 5.64. 130(a)--5.64. 190 salary from any bingo game. Only the permittee shall operate such game, or participate in the promotion, supervision, or any other phase of such game. (b) One member of the permittee organization shall be designated as the "bingo manager," and shall be responsible for the conduct and operation of bingo games, and for compliance with all applicable laws , rules and regulations promulgated thereunder. (c) All staff members of permittee organization shall wear on the outside of their clothing an identification tag or badge, not less than 2 1 /2" x 3 1/2" in dimension, bearing the name of the staff member and the permittee organization. (2102-9/76, 2220-10/77, 2694-7/84) 5.64.140 Bingo games open to public. All bingo games shall be open to the public, not just to the members of the permittee organization. (2102-9/76, 2220-10/77) 5.64.150 Attendance limited to occupancy capacity. Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Fire Department and Community Development Department of the City of Huntington Beach in accordance with applicable laws and regulations. Permittee shall not reserve seats or space for any person. (2102-9/76, 2220-10/77) 5.64.160 Bingo games conducted only on permittee's property. A permittee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The permit issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the permittee is organized, the permit shall have no further force or effect. A new permit may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. Nothing in this chapter shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (2102-9/76, 2220-10/77) 5.64.170 Minors not to participate. No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo game. (2102-9/76, 2220-10/77) 5.64.180 Intoxicated persons not to participate. No person who is obviously intoxicated shall be allowed to participate in a bingo game. (2102-9/76, 2220-10/77) 5.64.190 Hours and days of operation. No permittee shall conduct bingo games on more than one (1 ) day during any seven (7) day period, or more than six (6) hours out of any twenty-four (24) hours during such seven (7) day period. Provided, however, that one week each year, a permittee, upon written application to the City License Division, filed thirty (30) days prior to the 5/93 5.64.190--5.64.200 Huntington Beach Municipal Code first bingo game, after approval thereof, may conduct games either three (3) days during one seven (7) day period, or one game for no more than twelve (12) hours. Operation shall otherwise be in compliance with this chapter. No bingo games shall be conducted between 2 a.m. and 10 a.m. of any day. (2102-9/76, 2220-10/77, 2446-9/80, Urg. Ord. 2728-9/84, 3137-6/92) 5.64.200 Participant must be present. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place at which the bingo game is being conducted. (2102-9/76, 2220-10/77) 5/93 Huntington Beach Municipal Code 5.64.050(h)--5.64. 0( following: sections 23701 (a) , 23701 (b) , 23701 (d) , 23701 (e) , 23701 (f) , 23701 (g) or 237010 ) of the Revenue and Taxation Code of the state of California. Such written proof must be in a form acceptable to the Ci y Huntington Beach. (2102-9/76, 2220-10/77) d 5.64.060 Investigation of applicant. Upon receipt of the completed application and the fee, the finance director shall refer the same to interested departments of the City, including but not limited to the City Administrator, Police Department, and the Fire Department for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies, and the extent to which. it qualifies, as property on which bingo games may lawfully be conducted as to fire, occupancy and other applicable restrictions. (2102-9/76, 2220-10/77) 5.64.070 Contents of permit. Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the City of Huntington Beach, the City Administrator shall issue a permit to said applicant, which shall contain the following information: (a) The name andi nature of the organization to whom the permit is issued. (b) The address where bingo games are authorized to be conducted. (c) The occupancy load is noted on the certificate of occupancy issued for the property in which bingo games are to be conducted. (d) The date of the expiration of such permit. (e) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. (2102-9/76, 2220-10/77) 5.64.080 Suspension of permit. (a) Whenever it appears to the City Administrator that the permittee is conducting a bingo game in violation of any of the provisions of this chapter, the City Administrator shall have the authority to suspend the permit and order the permittee to cease and desist immediately any further operation of any bingo game. (b) Any person who continues to conduct a bingo game after suspension thereof under subsection (a) above shall be guilty of a MISDEMEANOR. (2102-9/76, 2220-10/77) 5.64.090 Suspension of permit--Appeal procedure. The procedure for appeal following suspension of permit is as follows: (a) Within seven (7) days after the receipt of the notice of suspension, the applicant shall file a notice of appeal with the City Clerk, addressed to the City Council , and stating the basis of the appeal . (b) The City Clerk shall schedule a hearing to be held within fifteen (15) days of the filing of the notice of appeal . The City Clerk shall cause the applicant to be given notice of the hearing by certified mail at least five (5) days in advance of the date of the hearing. The applicant, or his designated representative, may appear before the City Council , and 5/93 5.64.090(b)--5.64. 130(a) Huntington Beach Municipal Code make an oral presentation of the appeal , or he may make the appeal through a written statement, or he may do both. The City Council shall rule on the appeal within fifteen (15) days after it is heard and such ruling shall be final . (2102-9/76, 2220-10/77) 5.64.100 Maximum amount of prize. The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250) in cash or kind, or both, for each separate game which is held. (2102-9/76, 2220-10/77) 5.64.110 Profits to be kept in separate fund or account. With respect to organizations exempt from payment of the bank and corporation tax by section 23701 (d) of the Revenue and .Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows: (a) Such proceeds may be used for prizes. (b) A portion of such proceeds, not to exceed 20 percent of the proceeds after the deduction for prizes, or one thousand dollars ($1 ,000) per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel . �— The City of Huntington Beach, by and through its authorized officers, shall have the right to examine and audit all books and records of any permittee hereunder at any reasonable time and permittee shall fully cooperate with the City of Huntington Beach by making such books and records available. (2102-9/76, 2220-10/77) 5.64.115 Disbursements from fund or account. All disbursements from the special bingo fund or account shall be by consecutively-numbered checks, signed by two authorized officers of the permittee organization and shall be payable to a specific individual or organization. There shall be written on each check the nature of the expenditure for which the check is drawn. No checks shall be payable to "cash" except those written to establish and maintain a petty cash fund which shall contain no more than twenty-five dollars ($25) at any time. The check shall be marked "For deposit to petty cash fund. " Any disbursement from the petty cash fund shall be evidenced by a receipt showing the amount, reason for disbursement, and the name of the individual or organization receiving the money. (2694-7/84) 5.64.120 Financial interest in permittee only. No individual , corporation, partnership, or other legal entity except the permittee, shall hold a financial interest in the conduct of such bingo game. (2102-9/76, 2220-10/77) 5.64.130 Exclusive operation by permittee. (a) A bingo game shall be operated and staffed only by members of the permittee organization. Such members shall not receive a profit, wage or 5/93 City Clerk' s Office ------------(FC) -- ( 5 ) ----------- City Atty' s book/chamber Counter Records Manager Legislative drawer Codification CITY OF 14UNTINGTON BEACH MUNICIPAL CODE UPDATES Effective 5/19/93 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 5.64 Chapter 5.64 Chapter 10.72 Chapter 10.72 (**) Chapter 10.76 Chapter 10.76 (**) Chapter 10.80 Chapter 10.80 (**) Chapter 10.84 Chapter 10.84 Chapter 10.88 Chapter 10.88 (**) Chapter 13.12 Chapter 13.12 Chapter 13.16 Chapter 13.16 (**) (** = FORMAT CHANGES ONLY, REPLACE ENTIRE CHAPTER) Laura A. Nelson, Deputy Records Division (714) 374-1559 0339M Huntington Beach Municipal Code 5.64.010--5.64.020 Chapter 5.64 BINGO GAMES (2102-9/76, 2220=10/77, 2446-9/80, 2694-7/84, Urg. Ord. 2728-9/84, 3137-6/92, 3190-5/93) Sections: 5.64.010 Definitions 5.64.015 Permit--Required 5.64.020 Organizations eligible for city permit to conduct bingo games 5.64.030 Application for permit 5.64.040 Applicant must be qualified 5.64.050 Contents of application 5.64.060 Investigation of applicant ` 5.64.070 Contents of permit 5.64.080 Suspension of permit 5.64.090 Suspension of permit--Appeal procedure 5.64. 100 Maximum amount of prize 5.64. 110 Profits to be kept in separate fund or account 5.64.115 Disbursements from fund or account 5.64.120 Financial interest in permittee only 5.64. 130 Exclusive operation by permittee 5.64.140 Bingo games open to public 5.64. 150 Attendance limited to occupancy capacity 5.64.160 Bingo games conducted only on permittee' s property 5.64. 170 Minors not to participate 5.64. 180 Intoxicated persons not to participate 5.64. 190 Hours and days of operation 5.64.200 Participant must be present 5.64.010 Definitions. "Bingo game," as used in this chapter, means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random and which game is either: (a) Conducted among persons any or all of whom have paid or promised to pay, any valuable consideration for the right to participate in such game; or (b) Conducted among persons none of whom has paid, or promised to pay, any valuable consideration for the right to participate where the total value of the prizes awarded in such game exceeds twenty-five dollars ($25) . (2102-9/76, 2220-10/77, 2446-9/80) 5.64.015 Permit--Required. No person shall conduct any bingo game within the City of Huntington Beach without first obtaining a permit to do so from the City pursuant to this chapter. Any person conducting a bingo game without a permit to do so as required by this chapter shall be guilty of a MISDEMEANOR. (2220-10/77) 5.64.020 Organizations eligible for city permit to conduct bingo games. No person shall be eligible for a bingo permit unless such person is a mobilehome park association or a senior citizens organization or is an organization exempt from the payment of the bank and corporation tax by any one of the 5/93 o? q 5.64.020--5.64.050(h) Huntington Beach Municipal Code Q following: sections 23701 (a) , 23701 (b) , 23701 (d) , 23701 (e) , 23701 (f) , 23701 (g) or 23701 (1 ) of the California Revenue and Taxation Code; and provided that the proceeds of such games are used only for charitable purposes. (2102-9/76, 2220-10/77) 5.64.030 Applications for permit. Eligible organizations desiring to obtain such permit to conduct bingo games in the City of Huntington Beach shall file an application in writing therefor in the Office of the License Supervisor on a form to be provided by the License Supervisor. The issuing authority shall be the City Administrator. (2102-9/76, 2220-10/77) 5.64.040 Applicant must be qualified. No permit shall be issued to any organization unless such applicant is an eligible organization under section 326.5 of the California Penal Code and section 5.64.020 of this chapter and its application conforms to the requirements, terms and conditions of this chapter. (2102-9/76, 2220-10/77) 5.64.050 Contents of application. Said application for a permit shall contain the following: (a) The name of the applicant organization and a statement that applicant is an eligible organization under section 5.64.020. (b) The name and signature of at least two (2) officers, including the presiding officer, of the organization. (c) The particular property within the City of Huntington Beach, including the street number, owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy load as noted on the certificate of occupancy issued for such property. Nothing in this chapter shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (d) Proposed days of week and hours of day for conduct of bingo games . (e) That the applicant agrees to conduct bingo games in strict accordance with the provisions of section 326.5 of the Penal Code and this chapter as they may be amended from time to time, and agrees that the permit to conduct bingo games may be revoked by the City Administrator upon violation of any of such provisions. (f) Said application shall be signed by the applicant under penalty of perjury. (g) An annual permit fee fixed by the City Council by resolution shall accompany the application. The annual fee, whether for the initial permit or renewal shall not exceed fifty dollars ($50) . If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization. (h) The applicant shall also submit, with its application, written proof that it is a mobilehome park association or a senior citizens organization or written proof from the state franchise board that it is an organization exempt from the payment of the bank and corporation tax by any one of the 5/93 Huntington Beach Municipal Code 5.64.050(h)--5.64.090(b) following: sections 23701 (a) , 23701 (b) , 23701 (d) , 23701 (e) , 23701 (f) , 23701 (g) or 237010 ) of the Revenue and Taxation Code of the state of California. Such written proof must be in a form acceptable to the City of Huntington Beach. (2102-9/76, 2220-10/77) 5.64.060 Investigation of applicant. Upon receipt of the completed application and the fee, the finance director shall refer the same to interested departments of the City, including but not limited to the City Administrator, Police Department, and the Fire Department for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies, and the extent to which. it qualifies, as property on which bingo games may lawfully be conducted as to fire, occupancy and other applicable restrictions. (2102-9/76, 2220-10/77) 5.64.070 Contents of permit. Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the City of Huntington Beach, the City Administrator shall issue a permit to said applicant, which shall contain the following information: (a) The name and nature of the organization to whom the permit is issued. (b) The address where bingo games are authorized to be conducted. (c) The occupancy load is noted on the certificate of occupancy issued for the property in which bingo games are to be conducted. (d) The date of the expiration of such permit. (e) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. (2102-9/76, 2220-10/77) 5.64.080 Suspension of permit. (a) Whenever it appears to the City Administrator that the permittee is conducting a bingo game in violation of any of the provisions of this chapter, the City Administrator shall have the authority to suspend the permit and order the permittee to cease and desist immediately any further operation of any bingo game. (b) Any person who continues to conduct a bingo game after suspension thereof under subsection (a) above shall be guilty of a MISDEMEANOR. (2102-9/76, 2220-10/77) 5.64.090 Suspension of permit--Appeal procedure. The procedure for appeal following suspension of permit is as follows: (a) Within seven (7) days after the receipt of the notice of suspension, the applicant shall file a notice of appeal with the City Clerk, addressed to the City Council , and stating the basis of the appeal . (b) The City Clerk shall schedule a hearing to be held within fifteen (15) days of the filing of the notice of appeal . The City Clerk shall cause the applicant to be given notice of the hearing by certified mail at least five (5) days in advance of the date of the hearing. The applicant, or his designated representative, may appear before the City Council , and 5/93 5.64.090(b)--5.64. 130(a) Huntington Beach Municipal Code make an oral presentation of the appeal , or he may make the appeal through a written statement, or he may do both. The City Council shall rule on the r appeal within fifteen (15) days after it is heard and such ruling shall be final . (2102-9/76, 2220-10/77) 5.64.100 Maximum amount of prize. The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250) in cash or kind, or both, for each separate game which is held. (2102-9/76, 2220-10/77) 5.64.110 Profits to be kept in separate fund or account. With respect to organizations exempt from payment of the bank and corporation tax by section 23701 (d) of the Revenue and .Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows: (a) Such proceeds may be used for prizes. (b) A portion of such proceeds, not to exceed 20 percent of the proceeds after the deduction for prizes, or one thousand dollars ($1 ,000) per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel . The City of Huntington Beach, by and through its authorized officers , shall have the right to examine and audit all books and records of any permittee hereunder at any reasonable time and permittee shall fully cooperate with the City of Huntington Beach by making such books and records available. (2102-9/76, 2220-10/77) 5.64.115 Disbursements from fund or account. All disbursements from the special bingo fund or account shall be by consecutively-numbered checks , signed by two authorized officers of the permittee organization and shall be payable to a specific individual or organization. There shall be written on each check the nature of the expenditure for which the check is drawn. No checks shall be payable to "cash" except those written to establish and maintain a petty cash fund which shall contain no more than twenty-five dollars ($25) at any time. The check shall be marked "For deposit to petty cash fund. " Any disbursement from the petty cash fund shall be evidenced by a receipt showing the amount, reason for disbursement, and the name of the individual or organization receiving the money. (2694-7/84) 5.64.120 Financial interest in permittee one. No individual , corporation, partnership, or other legal entity except the permittee; shall hold a financial interest in the conduct of such bingo game. (2102-9/76, 2220-10/77) 5.64.130 Exclusive operation by permittee. (a) A bingo game shall be operated and staffed only by members of the permittee organization. Such members shall not receive a profit, wage or 5/93 Huntington Beach Municipal Code 5.64. 130(a)--5.64.190 salary from any bingo game. Only the permittee shall operate such game, _ or participate in the promotion, supervision, or any other phase of such game. (b) One member of the permittee organization shall be designated as the "bingo manager," and shall be responsible for the conduct and operation of bingo games, and for compliance with all applicable laws, rules and regulations promulgated thereunder. (c) All staff members of permittee organization shall wear on the outside of their clothing an identification tag or badge, not less than 2 1 /2" x 3 1/2" in dimension, bearing the name of the staff member and the permittee organization. (2102-9/76, 2220-10/77, 2694-7/84) 5.64.140 Bingo games open to public. A11 `bingo games shall be open to the public, not just to the members of the permittee organization. (2102-9/76, 2220-10/77) 5.64.150 Attendance limited to occupancy capacity. Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Fire Department and Community Development Department of the City of Huntington Beach in accordance with applicable laws and regulations. Permittee shal_1 not reserve seats or space for any person. (2102-9/76, 2220-10/77) 5.64.160 Bingo games conducted only on permittee's property. A permittee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The permit issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the permittee is organized, the permit shall have no further force or effect. A new permit may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. Nothing in this chapter shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (2102-9/76, 2220-10/77) 5.64.170 Minors not to participate. No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo game. (2102-9/76, 2220-10/77) 5.64.180 Intoxicated persons not to participate. No person who is obviously intoxicated shall be allowed to participate in a bingo game. (2102-9/76, 2220-10/77) 5.64.190 Hours and days of operation. No permittee shall conduct bingo games on more than one (1 ) day during any seven (7) day period, or more than six (6) hours out of any twenty-four (24) hours during such seven (7) day period. Provided, however, that one week each year, a permittee, upon written application to the City License Division, filed thirty (30) days prior to the 5/93 5.64. 190--5.64.200 Huntington Beach Municipal Code first bingo game, after approval thereof, may conduct games either three (3) days during one seven (7) day period, or one game for no more than twelve (12) hours. Operation shall otherwise be in compliance with this chapter. No bingo games shall be conducted between 2 a.m. and 10 a.m. of any day. (2102-9/76, 2220-10/77, 2446-9/80, Urg. Ord. 2728-9/84, 3137-6/92) 5.64.200 Participant must be present. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place at which the bingo game is being conducted. (2102-9/76, 2220-10/77) 5/93 Huntington Beach Municipal Code 5.64.010 Chapter 5.64 BINGO GAMES (2102-9/76, 2220-10/77, 2446-9/80, 2694-7/84, Urg. Ord. 2728-9/84, 3137-6/92) Sections: 5.64.010 Definitions 5.64.015 Permit--Required 5.64.020 Organizations eligible for city permit to conduct bingo games 5.64.030 Application for permit 5.64.040 Applicant must be qualified 5.64.050 Contents of application 5.64.060 Investigation of applicant 5.64.070 Contents of permit 5.64.080 Suspension of permit 5.64.090 Suspension of permit--Appeal procedure 5.64. 100 Maximum amount of prize 5.64.110 Profits to be kept in separate fund or account 5.64. 115 Disbursements from fund or account 5.64. 120 Financial interest in permittee only 5.64. 130 Exclusive operation by permittee 5.64. 140 Bingo games open to public 5.64. 150 Attendance limited to occupancy capacity 5.64.160 Bingo games conducted only on permittee' s property 5.64. 170 Minors not to participate 5.64. 180 Intoxicated persons not to participate 5.64. 190 Hours and days of operation 5.64.200 Participant must be present 5.64.010 Definitions. "Bingo game," as used in this chapter, means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random and which game is either: (a) Conducted among persons any or all of whom have paid or promised to pay, any valuable consideration for the right to participate in such game; or (b) Conducted among persons none of whom has paid, or promised to pay, any valuable consideration for the right to participate where the total value of the prizes awarded in such game exceeds twenty-five dollars ($25) . (2102-9/76, 2220-10/77, 2446-9/80) 5.64.015 Permit--Required. No person shall conduct any bingo game within the City of Huntington Beach without first obtaining a permit to do so from the City pursuant to this chapter. Any person conducting a bingo game without a permit to do so as required by this chapter shall be guilty of a MISDEMEANOR. (2220-10/77) 5.64.020 Organizations eligible for city permit to conduct bingo games. No person shall be eligible for a bingo permit unless such person is a mobilehome park association or a senior citizens organization or is an organization exempt from the payment of the bank and corporation tax by anyone of the 6/92 5.64.020--5.64.050(h) Huntington Beach Municipal Code following: sections 23701 (a) , 23701 (b) , 23701 (d) , 23701 (e) , 23701 (f) , 23701 (g) or 237010 ) of the California Revenue and Taxation Code; and provided that the proceeds of such games are used only for charitable purposes . (2102-9/76, 2220-10/77) 5.64.030 Applications for permit. Eligible organizations desiring to obtain such permit to conduct bingo games in the City of Huntington Beach shall file an application in writing therefor in the Office of the License Supervisor on a form to be provided by the License Supervisor. The issuing authority shall be the City Administrator. (2102-9/76, 2220-10/77) 5.64.040 Applicant must be qualified. No permit shall be issued to any organization unless such applicant is an eligible organization under section 326.5 of the California Penal Code and section 5.64.020 of this chapter and its application conforms to the requirements, terms and conditions of this chapter. (2102-9/76, 2220-10/77) 5.64.050 Contents of application. Said application for a permit shall contain the following: (a) The name of the applicant organization and a statement that applicant is an eligible organization under section 5.64.020. (b) The name and signature of at least two (2) officers, including the presiding officer, of the organization. (c) The .particular property within the City of Huntington Beach, including the street number, owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy load as noted on the certificate of occupancy issued for such property. Nothing in this chapter shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (d) Proposed days of week and hours of day for conduct of bingo games. (e) That the applicant agrees to conduct bingo games in strict accordance with the provisions of section 326.5 of the Penal Code and this chapter as they may be amended from time to time, and agrees that the permit to conduct bingo games may be revoked by the City Administrator upon violation of any of such provisions. (f) Said application shall be signed by the applicant under penalty of perjury. (g) An annual permit fee fixed by the City Council by resolution shall accompany the application. The annual fee, whether for the initial permit or renewal shall not exceed fifty dollars ($50) . If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization. (h) The applicant shall also submit, with its application, written proof that it is a mobilehome park association or a senior citizens organization or written proof from the state franchise board that it is an organization exempt from the payment of the bank and corporation tax by any one of the 6/92 1 Huntington Beach Municipal Code 5.64.050(h)--5.64.090(b) following: sections 23701 (a) , 23701 (b) , 23701 (d) , 23701 (e) , 23701 (f) , 23701 (g) or 23701 (1 ) of the Revenue and Taxation Code of the state of California. Such written proof must be in a form acceptable to the City of Huntington Beach. (2102-9/76, 2220-10/77) 5.64.060 Investigation of applicant. Upon receipt of the completed application and the fee, the finance director shall refer the same to interested departments of the City, including but not limited to the City Administrator, Police Department, and the Fire Department for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies , and the extent to which it qualifies, as property on which bingo games may lawfully be conducted as to fire, occupancy and other applicable restrictions. (2102-9/76, 2220-10/77) R 5.64.070 Contents of permit. Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the City of Huntington Beach, the City Administrator shall issue a permit to said applicant, which shall contain the following information: (a) The name and nature of the organization to whom the permit is issued. (b) The address where bingo games are authorized to be conducted. (c) The occupancy load is noted on the certificate of occupancy issued for the property in which bingo games are to be conducted. (d) The date of the expiration of such permit. (e) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. (2102-9/76, 2220-10/77) 5.64.080 Suspension of permit. (a) Whenever it appears to the City Administrator that the permittee is conducting a bingo game in violation of any of the provisions of this chapter, the City Administrator shall have the authority to suspend the permit and order the permittee to cease and desist immediately any further operation of any bingo game. (b) Any person who continues to conduct a bingo game after suspension thereof under subsection (a) above shall be guilty of a MISDEMEANOR. (2102-9/76, 2220-10/77) 5.64.090 Suspension of permit--Appeal procedure. The procedure for appeal following suspension of permit is as follows: (a) Within seven (7) days after the receipt of the notice of suspension, the applicant shall file a notice of appeal with the City Clerk, addressed to the City Council , and stating the basis of the appeal . (b) The City Clerk shall schedule a hearing to be held within fifteen (15) days of the filing of the notice of appeal . The City Clerk shall cause the applicant to be given notice of the hearing by certified mail. at least five (5) days in advance of the date of the hearing. The applicant, or his designated representative, may appear before the City Council , and 6/92 5.64.090(b)--5.64. 130(a) Huntington Beach Municipal Code make an oral presentation of the appeal , or he may make the appeal through a written statement, or he may do both. The City Council shall rule on the appeal within fifteen (15) days after it is heard and such ruling shall be final . (2102-9/76, 2220-10/77) 5.64.100 Maximum amount of prize. The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250) in cash or kind, or both, for each separate game which is held. (2102-9/76, 2220-10/77) 5.64.110 Profits to be kept in separate fund or account. With respect to organizations exempt from payment of the bank and corporation tax by section 23701 (d) of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows: (a) Such proceeds may be used for prizes. (b) A portion of such proceeds, not to exceed 10 percent of the proceeds after the deduction for prizes, or five hundred dollars ($500) per month, whichever is less, may be used for rental of property, overhead, and administrative expenses. The City of Huntington Beach, by and through its authorized officers, shall have the right to examine and audit all books and records of any permittee hereunder at any reasonable time and permittee shall fully cooperate with the City of Huntington Beach by making such books and records available. (2102-9/76, 2220-10/77) 5.64.115 Disbursements from fund or account. All disbursements from the special bingo fund or account shall be by consecutively-numbered checks, signed by two authorized officers of the permittee organization and shall be payable to a specific individual or organization. There shall be written on each check the nature of the expenditure for which the check is drawn. No checks shall be payable to "cash" except those written to establish and maintain a petty cash fund which shall contain no more than twenty-five dollars ($25) at any time. The check shall be marked "For deposit to petty cash fund." Any disbursement from the petty cash fund shall be evidenced by a receipt showing the amount, reason for disbursement, and the name of the individual or organization receiving the money. (2694-7/84) 5.64.120 Financial interest in permittee only. No individual , corporation, partnership, or other legal entity except the permittee, shall hold a financial interest in the conduct of such bingo game. (2102-9/76, 2220-10/77) 5.64.130 Exclusive operation by permittee. (a) A bingo game shall be operated and staffed only by members of the permittee organization. Such members shall not receive a profit, wage or 6/92 Huntington Beach Municipal Code 5.64. 130(a)--5.64.190 salary from any bingo game. Only the permittee shall operate such game, or participate in the promotion, supervision, or any other phase of such game. (b) One member of the permittee organization shall be designated as the "bingo manager, " and shall be responsible for the conduct and operation of bingo games, and for compliance with all applicable laws , rules and regulations promulgated thereunder. (c) All staff members of permittee organization shall wear on the outside of their clothing an identification tag or badge, not less than 2 1/2" x 3 1/2" in dimension, bearing the name of the staff member and the permittee organization. (2102-9/76, 2220-10/77, 2694-7/84) 5.64.140 Bingo games open to public. All bingo games shall be open to the public, not just to the members of the permittee organization. (2102-9/76, 2220-10/77) 5.64.150 Attendance limited to occupancy capacity. Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Fire Department and Community Development Department of the City of Huntington Beach in accordance with applicable laws and regulations. Permittee shall not reserve seats or space for any person. (2102-9/76, 2220-10/77) 5.64.160 Bingo games conducted only on permittee's property. A permittee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The permit issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the permittee is organized, the permit shall have no further force or effect. A new permit may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. Nothing in this chapter shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (2102-9/76, 2220-10/77) 5.64.170 Minors not to participate. No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo game. (2102-9/76, 2220-10/77) 5.64.180 Intoxicated persons not to participate. No person who is obviously intoxicated shall be allowed to participate in a bingo game. (2102-9/76, 2220-10/77) 5.64.190 Hours and days of operation. No permittee shall conduct bingo games on more than one (1 ) day during any seven (7) day period, or more than six (6) hours out of any twenty-four (24) hours during such seven (7) day period. Provided, however, that one week each year, a permittee, upon written application to the City License Division, filed thirty (30) days prior to the 6/92 5.64.190--5.64.200 Huntington Beach Municipal Code first bingo game, after approval thereof, may conduct games either three (3) days during one seven (7) day period, or one game for no more than twelve (12) hours. Operation shall otherwise be in compliance with this chapter. No bingo games shall be conducted between 2 a.m. and 10 a.m. of any day. (2102-9/76, 2220-10/77, 2446-9/80, Urg. Ord. 2728-9/84, 3137-6/92) 5.64.200 Participant must be present. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place at which the bingo game is being conducted. (2102-9/76, 2220-10/77) 1 6/92 Huntington Beach Municipal Code 10.72.010--10.72.040 Chapter 10.72 DRIVING RULES (322-1 /29, 1157-9/65, 5/93-format changes only) Sections: 10.72.010 Driving through funeral processions 10.72.020 Clinging to moving vehicle 10.72.030 Commercial vehicles using private driveways 10.72.040 Riding or driving on sidewalk 10.72.050 New pavement and marking 10.72.060 Obedience to barriers and signs 10.72.070 Obstructing intersection traffic 10.72.010 Driving through funeral processions. No operator of any vehicle shall drive between the vehicles comprising a funeral procession or a parade, provided that such vehicles are conspicuously so designated. The directing of all vehicles and traffic on any street over which such funeral procession or parade wishes to pass shall be subject to the orders of the Police Deparment. (322--1 /29, 1157-9/65) 10.72.020 Clinging to moving vehicle. No person shall attach himself with his hands, or catch on, or hold on with his hands or by other means, to any moving vehicle or train for the purpose of receiving motive power therefrom. (322-1 /29, 1157-9/65) - 10.72.030 Commercial vehicles using private driveways. (a) No person shall operate or drive a commercial vehicle in, on or across any private driveway approach or sidewalk area or the driveway itself without the consent of the owner or occupant of the property, if a sign or markings are in place indicating that the use of such driveway is prohibited. (b) For the purpose of this section a commercial vehicle means a vehicle having a rated capacity in excess of one-half ton. (1157-9/65) 10.72.040 Riding or driving on a sidewalk. No person shall ride, drive, propel or cause to be propelled any vehicle or animal across or upon any sidewalk excepting over permanently constructed driveways and excepting when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk; provided further, that the sidewalk area be substantially protected by wooden planks two inches thick, and written permission be previously obtained from the director of public works. Such wooden planks shall not be permitted to remain upon such sidewalk area during the hours from 6 p.m. to 6 a.m. (322-1 /29, 1157-9/65) 10.72.050 New pavement and markings. No person shall ride or drive any animal or any vehicle over or across any newly made pavement or freshly painted markings in any street when a barrier sign, cone marker or other warning device is in place warning persons not to drive over or across such pavement or marking, or when any such device is in place indicating that the street or any portion thereof is closed. (1157-9/65) 5/93 10.72.060--10.72.070 Huntington Beach Municipal Code 10.72.060 Obedience to barriers and signs. No person, public utility or department in the city shall erect or place any barrier or sign on any street unless of a type approved by the director of public works or disobey the instructions, remove, tamper with or destroy any barrier or sign lawfully placed on any street by any person, public utility or by any department of this city. (1157-9/65) 10.72.070 Obstructing intersection traffic. No operator of any vehicle shall enter any intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles , or pedestrians, notwithstanding any traffic control signal indication to proceed. (1157-9/65) 5/93 Huntington Beach Municipal Code 10.76.010--10.76.020 Chapter 10.76 TRAINS (1157-9/65, 5/93-format changes only) Sections: 10.76.010 Railway gates 10.76.020 Blocking crossings 10.76.010 Railway gates. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed. (1157-9/65) 10.76.020 Blocking crossings. No person shall cause or permit any railway train or railway cars or similar vehicle on rails to stop or stand or to be operated in such a manner as to prevent the use of any street for the purpose of travel for a period of time longer than ten minutes, except that this provision shall not apply to railway trains, cars or similar vehicles on rails while blocking or obstructing a crossing because of an accident which requires the operator of the train, car or similar vehicle on rails to stop at or near the scene of the accident. (1157-9/65) 5/93 Huntington Beach Municipal Code 10.80.010--10.80.020 Chapter 10.80 PEDESTRIAN CROSSWALKS (322-1 /29, 1211-7/66, 5/93-format changes only) Sections: 10.80.010 Crosswalks--Established 10.80.020 When use required 10.80.010 Crosswalks--Established. The Director of Public Works shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway as follows: (a) Crosswalks shall be established and maintained at all intersections within the central traffic district and at such intersections outside such district, and at other places within or outside said district where the Director of Public Works determines that there is particular hazard to pedestrians crossing the roadway subject to the limitation contained in (b) of this section. (b) Other than crosswalks at the intersections, no crosswalk shall be established in any block which is less than four hundred (400) feet in length and such crosswalk shall be located as nearly as practicable at mid block. (c) The Director of Public Works may place signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians shall not cross in the crosswalk so indicated. (d) The Director of Public Works may place signs adjacent to a roadway, due to traffic hazard, which will prohibit pedestrians from crossing at other than crosswalks. (322-1 /29, 1211-7/66) 10.80.020 When use required. No pedestrians shall cross a roadway other than at a crosswalk in the central traffic district or in any business district. No pedestrian shall cross a roadway other than at a crosswalk when there are official signs posted prohibiting such a movement. (322-1 /29, 1211-7/66) 5/93 Huntington Beach Municipal Code 10.84.005--10.84.005(c) Chapter 10.84 BICYCLE REGULATIONS (22-8/09, 322-1 /29, 344-10/31 , 432-1 /40, 554-12/49, 736-12/59, 1784-12/72, 1913-5/74, 1969-4/75, 2059-6/76, 2148-1 /77, 2175-3/77, 2270-3/78, 3185-5/93) Sections: 10.84.005 Definitions 10.84.010 License and registration required 10.84.015 Licensing--City residents only 10.84.020 Registration--Application 10.84.025 Repealed, Ord 2148-1 /77, Ord 2059-6/76 10.84.030 Identification card issuance` 10.84.040 Identification 10.84.050 License--Police records kept 10.84.060 Registration and card fees 10.84.070 Repealed, Ord 2148-1/77, Ord 2059-6/76 10.84.080 Dealer' s records 10.84.090 I . D. card or tag loss 10.84. 100 Tampering with bicycle identification 10.84.110 Tampering with I. D. card 10.84.120. Impounding-=Parked bicycles 10.84. 130 Impounding--Holding time period 10.84. 140 Impounding--Registered owner notified 10.84. 150 Impounding--Provisions enforcement 10.84. 160 Riding on sidewalk 10.84. 170 Yielding right-of-way 10.84. 180 Riding in group 10.84. 190 Repealed, Ord 2175-4/77 10.84.200 Bicycles on pier 10.84.210 Bicycle lanes and paths established 10.84.220 Implementing establishment of bicycle lanes and paths 10.84.230 Bicycle lanes--Markings and erection of signs 10.84.240 Repealed, Ord 2175-4/77 10.84.250 Direction of travel 10.84.260 Walking bicycles 10.84.270 Vehicular traffic in bicycle lanes or paths 10.84.280 Penalty 10.84.005 Definitions. For the purpose of this chapter, the following words and phrases are defined as follows: (a) "Bicycle lane" is that portion of a roadway, other than state and county highways, set aside by striping for the use of bicycle riders and so designated, as provided in this chapter. (b) "Bicycle path" is a pathway for bicycle riders that has been physically separated from a roadway. (c) "Bicycle" is a device upon which any person may ride, propelled exclusively by human power through a system of belts, chains, or gears , and having either two or three wheels in a tandem or tricycle arrangement. 5/93 10.84.005(d)--10.84.040 Huntington Beach Municipal Code (d) "Highway" is a way or place of whatever nature, maintained and open to the use of the public for purposes of vehicular travel . Highway includes street. (e) "Roadway" is that portion of a highway improved, designed, or ordinarily used for vehicular travel . (f) "Chief of Police" shall include his designated representative. (1913-5/74, 1969-4/75, 2059-6/76, 2175-4/77) 10.84.010 License and registration required. No person in the city shall ride or propel any bicycle upon any street, alley, park, bicycle path or lane, or other public place in this city which is not registered and for which the appropriate license fee has not been paid or which does not bear a license plate or sticker as required by the provisions of this code, as per section 39002 of the California Vehicle Code. (432-1 /40, 736-12/59, 1784-12/72, 1969-4/75, 2059-6/76) 10.84.015 Licensing--City residents. The city and each licensing agency shall license bicycles for persons residing within this city. All applicants residing outside city limits shall be referred to their respective city or jurisdiction of residency. (1969-4/75, 2059-6/76) 10.84.020 Registration--Application. Application for registration and license of a bicycle shall be made by the owner thereof to the Chief of Police upon appropriate forms furnished by the police department. Such application shall contain the name an,d address of the owner or person having charge or control of such bicycle, the make and kind of bicycle, the factory frame or serial number thereof, and any other information or description which is deemed necessary by the Chief of Police for purposes of identification and for the transfer of ownership of such bicycle. (432-1/40, 1784-12/72, 1969-4/75) 10.84.030 Identification card issuance. Upon payment of the license fee provided by this chapter, the Chief of Police shall issue to applicant a registration card containing the following information: the license number assigned to the applicant, the applicant' s name and address, provisions for the transfer of ownership of said bicycle, and a brief description of the bicycle being registered. Said registration card shall be retained by applicant as proof of ownership, and kept in a safe place. All license tags issued on or before December 31 , 1978 shall expire on December 31 , 1978. All license tags issued on or after January 1 , 1979 shall expire on the third December 31 subsequent to the calendar year in which such license tag is issued. (432-1/40, 1784-12/72, 1969-4/75, 2059-6/76) 10.84.040 Indentification t". Upon registration of any bicycle and the payment of the license fee required by this chapter, the Chief of Police shall issue to applicant a license tag bearing the unique number assigned to that bicycle by the state, which shall remain in effect for the period designated by the state in accordance with section 39001 of the California Vehicle Code. This tag shall be affixed to the frame of such bicycle in plain view below the seat thereof. Such license tag shall remain on such bicycle and shall not be removed therefrom. (432-1 /40, 736-12/59, 1784-12/72, 1969-4/75, 2175-4/77) 5/93 Huntington Beach Municipal Code 10.84.050--10.84. 110 10.84.050 License--Police kept. The Chief of Police shall keep a record of the registration and the date of expiration of each license, to whom issued and the license number thereof, and such other information as he deems necessary for the identification of bicycles and the enforcement of the provisions of this chapter. (432-1/40, 1784-12/72, 1969-4/75) 10.84.060 Registration and card fees. The fees required to be paid pursuant to this chapter are: (a) For new license and registration, the sum of one dollar ($1 ) per year or portion thereof; (b) For each transfer of ownership which requires a new registration card, the sum of one dollar ($1 ) ; t (c) For reissue of registration card or license tag lost, stolen, destroyed, mutilated or illegible, the sum of one dollar ($1 ) . (432-1 /40, 736-12/59, 1784-12/72, 1969-4/75, 2059-6/76) 10.84.080 Dealer's records. Every person engaged in the business of buying, trading, or selling bicycles in this city shall keep at his place of business a record of all bicycles, bought, sold or rented by him, giving the date of such transaction, the name and address of the person from whom purchased or traded, or to whom sold or rented, a description of such bicycle by name and make, the frame or serial number, and the number of the license tag attached thereto. Such record shall be maintained in a plain, legible handwriting in a bound book, which record shall be available for inspection by members of the police department at all reasonable times. Such person shall make a written report to the police department, giving the name, address and telephone number of all persons buying, selling or trading bicycles at his place of business, and the bicycle manufacturer, type, frame number and bicycle tag number, if any. (432-1 /40, 1784-12/72, 1969-4/75) 10.84.090 I. D. card or tag loss. In the event any identification card or tag is lost or stolen for any bicycle registered pursuant to this chapter, and the owner or person having charge or control of such bicycle furnishes satisfactory proof to the Chief of Police of such loss or theft, upon payment of the fee provided by section 10.84.060, the Chief of Police shall issue a new identification card or tag. It shall be the duty of any owner or person having charge or control of any bicycle registered pursuant to this chapter, to notify the Chief of Police immediately of the loss or theft of such bicycle. (432-1 /40, 736-12/59, 1784-12/72) 10.84.100 Tampering with bicycle identification. It is unlawful for any person to remove, destroy, mutilate, tamper with or alter the serial number on the frame of any bicycle, or the identification tag affixed to the frame of any bicycle registered pursuant to the provisions of this chapter; provided, however, that nothing herein shall prohibit the Chief of Police from placing numbers or letters on frames of bicycles for purposes of identification. (432-1 /40, 1784-12/72) 10.84.110 Tampering with I. D. card. It is unlawful for any person to tamper with, destroy, mutilate or alter any registration or identification card issued pursuant to the provisions of this chapter. (1784-12/72) 5/93 10.84. 120--10.84.210 Huntington Beach Municipal Code 10.84.120 Impounding--Parked bicycles. No person shall park or leave a bicycle in the area between Pacific Coast Highway and the mean high tide line of the Pacific Ocean in a manner so as to block or impede any road, vehicle route, walkway or path, or so as to block or impede ingress or egress from any building, stair, pier or bridge. Any bicycle so parked or left may be impounded by the Community Services Department or by the Police Department, and may be held until the sum of five dollars ($5) has been collected to defray the cost of impound. (1784-12/72, 1913-5/74) 10.84.130 Impounding--Holding time period. Any bicycle which has been so impounded and held for three (3) months without redemption by or on behalf of the lawful owner thereof shall , if saleable, be sold at such time and place and in such manner for the reasonable value thereof, as provided by sections 2.96.010 through 2.96.070 of this code. (1784-12/72, 1913-5/74) 10.84.140 Impounding--Registered owner notified. When any bicycle so impounded bears the identification tag required by the provisions of this chapter, the impounding agency shall within seven (7) days after impound send by regular mail a notification of impound addressed to the registered owner at the registered address. (1784-12/72, 1913-5/74) 10.84.150 Impounding--Provisions enforcement. The Chief of Police shall have the right to impound and retain possession of any bicycle being operated in violation of the provisions of sections 10.84.010 through 10.84. 140 hereof, and may retain possession of such bicycle until the provisions of such sections are complied with, and all fees provided by section 10.84.060 have been paid. If such bicycle is not claimed within three (3) months, it shall be deemed to be abandoned. (1784-12/72, 1913-5/74, 1969-4/75) 10.84.160 Riding on sidewalk. No person shall ride a bicycle upon a sidewalk within any business district, or upon the sidewalk adjacent to any public school building, church, recreation center, playground or over any pedestrian overcrossing, or within any crosswalk. (22-8/09, 322-1 /29, 1784-12/72, 1913-5/74, 2270-3/78) 10.84.170 Yielding right-of-way. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian, and when overtaking and passing a pedestrian shall give an audible signal . A person riding a bicycle off a sidewalk and onto a roadway shall yield to all traffic on the roadway. (22-8/09, 1913-5/74, 1784-12/72) 10.84.180 Riding in group. Persons operating bicycles on a bicycle lane or path shall not ride more than two (2) abreast. (1784-12/72, 1913-5/74) 10.84.200 Bicycles on pier. No person shall ride a bicycle or any similar type vehicle on the municipal pier. Bicycles or similar type vehicles may be walked or pushed on the pier. (344-10/31 , 554-12/49, 1784-12/72, 1913-5/74, 3185-5/93) 10.84.210 Bicycle lanes and paths established. The City Council establishes those bicycle lanes and paths as designated on the Preliminary Plan; Trails Element to the Master Plan of the City of Huntington Beach, and as such Preliminary Plan; Trails Element to the Master Plan may be amended hereafter from time to time. (1784-12/72, 1913-5/74) 5/93 Huntington Beach Municipal Code 10.84.220--10.84.280 Q 84.220 Implementing establishment of bicycle lanes and paths. The City Administrator is authorized, empowered and directed to implement the establishment of the bicycle lanes and paths, as designated on the Preliminary Plan; Trails Element to the Master Plan of the City of Huntington Beach, and as such Preliminary Plan; Trails Element to the Master Plan may be amended hereafter from time to time. (1913-5/74) 10.84.230 Bicycle lanes--Markings and erection of signs. The Traffic Engineer is authorized to erect or place signs upon any street or adjacent to any street in the city indicating the existence of a bicycle lane or path, and otherwise regulating the operation and use of vehicles and bicycles with respect thereto. When such signs are in place, no person shall disobey same. The bicycle lane shall be designated ,on such street by a six (6) inch wide reflectorized white lin6. (1913-5/74, 2175`4/77) 10.84.250 Direction of travel . No person shall ride or operate a bicycle within a bicycle lane or path in any direction except that permitted vehicular traffic traveling on the same side of the roadway; provided that bicycles may proceed either way along a lane or path where arrows appear on the surface of the lane designating two-way traffic. (1913-5/74) 10.84.260 Walking bicycles. Bicycles may be walked subject to all provisions of law applicable- to pedestrians. (1913-5/74) 10.84.270 Vehicular traffic in bicycle lanes or paths. No person shall park a motor vehicle across or on a bicycle path or lane except to obtain emergency parking where signs are posted prohibiting such parking. No person shall drive a motor vehicle across a bicycle lane except after giving the right-of-way to all bicycles operated within the lane. No motor vehicle, motorized bicycle, motor-driven cycle, or motorcycle may be operated on a bicycle path or sidewalk. (1913-5/74, 2059-6/76, 2148-1 /77, 2175-4/77) 10.84.280 Penalty. It shall be unlawful for any person knowingly to violate or knowingly to permit any other person to violate any of the provisions contained in sections 10.84. 160 through 10.84.270 of this chapter, and any person violating any of the provisions contained in such sections shall be guilty of an infraction and punished upon a first conviction by a fine not exceeding fifty dollars ($50) and for a second or any subsequent conviction within a period of one year, by a fine not exceeding one hundred dollars ($100) . (1913-5/74, 2059-6/76) 5/93 Huntington Beach Municipal Code 10.88.010--10.88.070 Chapter 10.88 SELF-PROPELLED WHEELCHAIRS AND INVALID TRICYCLES (322-l/29, 1003-10/63, 5/93-format change only) Sections: 10.88.010 Chapter applicability 10.88.020 Operator' s permit--Required 10.88.030 Permit--Application 10.88.040 Permit--Certificate of physical qualifications 10.88.050 Evidence of disability 10.88.060 Registration of vehicles 10.88.070 Vehicles--Safety inspection 10.88.080 Vehicles--Inspection--Decal\ 10.88.090 Maximum speed limit 10.88. 100 Right-of-way 10.88. 110 Minimum distance from buildings 10.88. 120 Parking on sidewalks 10.88. 130 Violation--Misdemeanor 10.88.010 Chapter applicability. The regulations and controls set forth in this chapter shall apply only to operators and vehicles while upon the sidewalks of the city. (322-1 /29, 1003-10/63) 10.88.020 Operator's permit--Required. No person shall operate any battery-operated vehicle upon the sidewalks of the city without first obtaining an operator' s permit from the city police department. Such permit shall be issued only when the chief of police, or his designated subordinate, is satisfied that requirements of this chapter are met. (322-1 /29, 1003-10/63) 10.88.030 Permit--Application, Application for said permits may be obtained and filed with the Police Department. (322-1 /29, 1003-10/63) 10.88.040 Permit--Certificate of physical qualifications. Any application for such permit shall be accompanied by a certificate of physical qualification setting forth the applicant' s physical qualifications to operate such a vehicle to be completed and signed by a medical doctor. Blank certificates may be obtained from the Police Department. (322-1 /29, 1003-10/63) 10.88.050 Permit--Evidence of disability. Any applications for such permits shall also be accompanied by sufficient evidence to satisfy the chief of police, or his designated subordinate, that the applicant is incapable of the physical exertion necessary to walk upon the sidewalks so as to conduct normal business and social activities. (322-1 /29, 1003-10/63) 10.88.060 Registration of vehicles. All battery-operated vehicles known as self-propelled wheelchairs or invalid tricycles which are operated upon the sidewalks of the city shall be registered with the city Police Department. (322-1 /29, 1003-10/63) 10.88.070 Vehicles--Safety inspection. No battery-operated vehicle shall be permitted to operate upon the sidewalks of the city until said vehicle has received a safety inspection by the Police Department and has received a decal 5/93 10.88.070--10.88. 130 Huntington Beach Municipal Code indicating it complied with all safety requirements, as established by the Chief of Police. (322-1/29, 1003-10/63) 10.88.080 Vehicles--Inspection--Decal . The safety inspection decal shall be displayed in a prominent place upon the vehicle at all times and be of such color and design to be easily seen by pedestrians. (322-1 /29, 1003-10/63) 10.88.090 Maximum speed limit. The maximum speed limit for all battery-operated vehicles upon the sidewalks of the city shall be three (3) miles per hour. (322-1/29, 1003-10/63) 10.88.100 Right-of-way. The operators of battery-operated vehicles upon the sidewalks of the city shall at all times yield the right-of-way to pedestrians. (322-1 /29, 1003-10/63) 10.88.110 Minimum distance from buildings. All battery-operated vehicles driven upon the sidewalks of the city shall , during their operation; maintain at least five (5) foot clearance from all buildings. (322-1 /29, 1003-10/63) 10.88.120 Parking on sidewalks. No person shall stop, park or leave standing, whether attended or unattended, any selfpropelled wheelchair or invalid tricycle upon the sidewalks of the city in such a position as to obstruct the complete width of the sidewalk. (322-1/29, 1003-10/63) 10.88.130 Violation--Misdemeanor. Any person who violates or fails to comply with the provisions of this chapter is guilty of a MISDEMEANOR. (322-1 /29, 1003-10/63) 5/93 10 . 72 . 010--10 . 72 . 040 is Chapter 10 . 72 DRIVING RULES Sections : IQ, 72 . 010 Driving through funeral processions . 10 . 72. 020 Clinging to moving vehicle. 10 .72 . 030 Commercial vehicles using private driveways. 10 . 72 . 040 Riding or driving on sidewalk . 10 . 72 . 050 New pavement and marking. 10 . 72 . 060 Obedience to barriers and signs . 10 . 72 . 070 Obstructing intersection traffic. 10 . 72 . 010 Driving through funeral processions . No op- perator of any vehicle shall drive between the vehicles com- prising a funeral procession or a parade , provided that such vehicles are conspicuously so designated. The directing of all vehicles and traffic on any street over which such fu- neral procession or parade wishes to pass shall be subject to the orders of the police department. (Ord. 1157 (part) , 1965 : Ord. 322 (part) , 1928) . 10 . 72 . 020 Clinging to moving vehicle . No person shall attach himself with his hands , or catch on , or hold on with ✓ his hands or by other means , to any moving vehicle or train for the purpose of receiving motive power therefrom. (Ord. 1157 (part) , 1965 : Ord. 322 (part) , 1928) . 10 . 72 . 030 Commercial vehicles using private driveways . A No person shall operate or drive a commercial ve- hicle in , on or across any private driveway approach or side- walk area or the driveway itself without the consent of the owner or occupant of the property , if a sign or markings are in place indicating that the use of such driveway is prohibited. (B) For the purpose of this section a commercial ve- hicle means a vehicle having a rated capacity in excess of one-half ton. (Ord. 1157 (part) , 1965) . 10 . 72 . 040 Riding or driving on sidewalk. No person shall ride, drive , propel or cause to be propelled any ve- hicle or animal across or upon any sidewalk excepting over permanently constructed driveways and excepting when it is necessary for any temporary purpose to drive a loaded ve- hicle across a sidewalk; provided further, that the side- walk area be substantially protected by wooden planks two inches thick , and written permission be previously obtained from the director of public works. Such wooden planks shall 319 10. 72 . 050--10 . 76. 020 not be permitted to remain upon such sidewalk area during the hours from six p.m. to six a.m. (Ord. 1157 (part) , 1965 : Ord. 322 (part) , 1928) . 10 . 72 . 050 New pavement and markings . No person shall ride or drive any animal or any vehicle over or across any newly made pavement or freshly painted markings in any street when a barrier- sign, cone marker or other- warning device is in. place warning persons not to drive over or across such pavement or marking, or when any such device is in place indicating that the street or any portion thereof is closed. (Ord. 1157 (part) , 1965) . 10 . 72 . 060 Obedience to barriers and signs . No person, public utility or department in the city shall erect or place any barrier or sign on any street unless of a type approved by the director of public works or disobey the instructions , remove, tamper with or destroy any barrier or sign lawfully placed on any street by any person , public utility or by any department of this city. (Ord. 1157 (part) , 1965) . 10 . 72 .070 Obstructing intersection traffic. No opera- tor of ' any vehicle shall enter any intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles , or pedestrians , notwithstanding any traffic con- trol signal indication to proceed. (Ord. 1157 (part) , 1965) . Chapter 10 . 76 TRAINS Sections : 10 . 76.010 Railway gates . '10 . 76 .020 Blocking crossings . 10 . 76 . 010 Railway gates . No person shall drive any ve- hicle through, around or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed. (Ord. 1157 (part) , 1965) . 10 . 76 . 020 Blocking crossings . No person shall cause or permit any railway train or railway cars or similar ve- hicle on rails to stop or stand or to be operated in such a manner as to prevent the use of any street for the purpose of travel for a period of time longer than ten minutes , ex- cept that this provision shall not apply to railway trains , 320 -- cars or similar vehicles on rails while blocking or obstruc- tJng a crossing because of an accident which requires the operator of the train, car or similar vehicle on rails to stop at or near the scene of the accident . (Ord. 1157, 8/65) Chapter 10 . 80 PEDESTRIAN CROSSWALKS Sections : 10. 80. 010 Crosswalks--Established. 10. 80 . 020 When use required. 10. 80 . 010 Crosswalks--Established. The director of public works shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices , marks or lines upon the surface of the roadway as follows : (a) Crosswalks shall be established and maintained at all intersections within the central traffic district and at such intersections outside such district, and at other places within or outside said district where the director of public works determines that there' is particular hazard to pedestrians cross- ing the roadway subject to the limitation contained in (b ) of this section. (b ) Other than crosswalks at the intersections , no cross- walk shall be established in any block which is less than four hundred (400 ) feet in length and such crosswalk shall be located as nearly as practicable at midblock. (c ) The director of public works may place signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians shall not cross in the crosswalk so indicated. (d) The director of public works may place signs adjacent to a roadway, due to traffic hazard, which will prohibit pedes- trians from crossing at other than crosswalks . (Ord. 1211, 6/66; Ord. 322 , 12/28) 10. 80 . 020 When use required. No pedestrians shall cross a roadway other than at a crosswalk in the central traffic district or in any business district . No pedestrian shall cross a road- way other than at a crosswalk when there are official signs posted prohibiting such a movement . (Ord: 1211, 6/66; Ord. 322, 12/28) Chapter 10. 84 BICYCLE REGULATIONS Sections : 10. 84. 005 Definitions . 10 . 84 . 010 License and registration required. 321 ' to . 84. 005 Sections : (Continued) 10 . 84 . 015 Licensing--City residents only. 10. 811 . 020 Registration--Application. 10. 84. 030 Identification card issuance . 10 . 84. 040 Identification. 10 . 84. 050 License--Police records kept . 10. 84. 060 Registration and card fees . 10. 84. 080 Dealer' s records . 10 . 811 . 090 I.D. card or tag loss . 10. 84. 100 Tampering with bicycle identification. 10 . 84 . 110 Tampering with `I .D. card. 10. 811 . 120 Impounding--Parked bicycles . 10 . 84 .130 Impounding--Holding time period. 10 . 84 . 140 Impounding--Registered owner notified. 10 . 84 .150 Impounding--Provisions enforcement . 10 . 84 .160 Riding on sidewalk. 10 . 84. 170 Yielding right-of-way . 10 . 84. 180 Riding in group . 10 . 84. 190 Repealed by Ord. 2175, 24 Mar 77. 10. 84 . 200 Riding on pier prohibited. 10 . 84 . 210 Bicycle lanes and paths established. 10 . 84 . 220 Implementing establishment of bicycle lanes and paths . 10 . 84 . 230 Bicycle lanes--Markings and erection of signs . 10 . 84 . 240 Repealed by Ord. 2175 , 24 Mar 77. 10 . 84 . 250 Direction of travel . 10 . 84. 260 Walking bicycles . 10 . 84. 270 Vehicular traffic in bicycle lanes or paths . 10. 84. 280 Penalty . 10 . 84 . 005 Definitions . For the purpose of this chapter, the following words and phrases are defined as follows : (a) "Bicycle lane" is that portion of a roadway, other than state and county highways , set aside by striping for the use of bicycle riders and so designated, as provided in this chapter. (b) "Bicycle path" is a pathway for bicycle riders that has been physically separated from a roadway. (c ) "Bicycle" is a device upon which any person may ride , propelled exclusively by human power through a system of belts , chains , or gears , and having either two or three wheels in a tandem or tricycle arrangement . (d) "Highway" is a way or place of whatever nature, maintained and open to the use of the public for purposes of vehicular travel. Highway includes street . 322 10. 84 . 010--10. 84. 040 (e ) "Roadway" is that portion of a highway improved, designed, or ordinarily used for vehicular travel. (f) "Chief of Police" shall include his designated repre- :;ent,ative. (Ord. 2175, 211 Mar 77 ; Ord. 2059 , 6/76 ; Ord. 1969 , 4/75; Ord. 1913, 5/74 ) 10 . 84 . 010 License and registration required. No person in the city shall ride or propel any bicycle upon any street , alley , park, bicycle path or lane , or other public place in this city which is not registered and for which the appropriate license fee has not been paid or which does not bear a license plate or sticker as required by the provisions of this code , as per Section 39002 of the California Vehicle Code . (Ord. 2059 , 16 Jun 76 ; Ord. 1969 , 4/17; Ord. 1784, 11/72; Ord. 736 , 11/59 ; Ord. 432, 12/39 ) 10. 84 . 015 Licensing--City residents . The city and each licensing agency shall license bicycles for persons residing within this city . All applicants residing outside city limits shall be referred to their respective city or jurisdiction of residency . (Ord. 2059 , 16 Jun 76; Ord. 1969 , 4/17) 10 . 84. 020 Registration--Application. Application for registration and license of a bicycle shall be made by the owner thereof to the chief of police upon appropriate forms furnished by the police department . Such application shall contain the name and address of the owner or person having charge or control of such bicycle, the make and kind of bicycle, the factory frame or serial number thereof, and any other information or description which is deemed necessary by the chief of police for purposes of identification and for the transfer of ownership of such bicycle . (Ord. 1969 , 17 Apr 75; Ord. 1754 , 11/72; Ord. 432, 12/39) • 10. 84. 030 Identification card issuance . Upon payment of the license fee provided by this chapter, the Chief of Police shall issue to applicant a registration card containing the following information: the license number assigned to the applicant , the applicant ' s name and address , provisions for the transfer of ownership of said bicycle, and a brief de- scription of the bicycle being registered. Said registration card shall be retained by applicant as proof of ownership, and kept in a safe place . All license tags issued on or before December 31, 1978 shall expire on December 31, 1978. All license tags issued on or after January 1 , 1979 shall expire on the third December 31st subsequent to the calendar year in which such license tag is issued. (Ord. 2059 , 16 Jun 76 ; Ord. 1969 , 4/17; Ord. 1784 , 11/72; ord. 432, 12/39) 10 . 84. 040 Identification Tag. Upon registration of any ,--. bicycle and the payment of the license fee required by this chapter, the chief of police shall issue to applicant a license tag bearing the unique number assigned to that bicycle, by the state , which shall remain in effect for the period designated by the state in accordance with Section 39001 of the California 323 1o . 84 . o4o--10 . 84 . o90 Vehicle Code . This tad; shall be affixed to the frame of such blc,ycic 1ri plain view below the seat thereof. Such license ta(; ,;hall_ remain on such bicycle and shall not be removed thevef.'rom. (Ord. 2175 , 24 Mar 77; Ord. 1969 , 4/75 ; Ord. 1748, 11/72; Ord. 736, 11/59 ; Ord. 432, 12/39) 10 . 84 . 050 License--Police kept . The chief of police shall keep a record of the registration and the date of ex- piration of each license, to whom issued and the license number thereof, and such other information as he deems necessary for the identification of bicycles and the enforcement of the provisions of this chapter. (Ord. 1969 , 17 Apr 75; Ord. 1784, 11/72; Ord. 432 , 12/39 ) 10. 84. 060 Registration and card fees . The fees required to be paid pursuant to this chapter are: (a) For new license and registration, the sum of One Dollar ($1) per year or portion thereof* (b) For each transfer of ownership, which requires a new registration card, the sum of One Dollar ($1)j (c ) For reissue of registration card or license tag lost , stolen, destroyed, mutilated or illegible, the sum of One Dollar ( $1) . (Ord. 2059 , 16 Jun 76 ; Ord. 1969 , 4/17; Ord. 1784, 11/72; Ord. 736, 11/59 ; Ord. 432, 12/39) 10 . 84. 080 Dealer' s records . Every person engaged in the business of buying, trading, or selling bicycles in this city shall keep at his place of business a record of all bicycles bought , sold or rented by him, giving the date of such transaction, the name and address of the person from whom purchased or traded, or to whom sold or rented, a description of such bicycle by name and make, the frame or serial number, and the number of the license tag attached thereto. Such record shall be maintained in a plain, legible handwriting in a bound book, which record shall be available for inspection by members of the police department at all reasonable times . Such person shall make a written report to the police depart- ment , giving the name , address and telephone number of all persons buying, selling or trading bicycles at his place of business , and the bicycle manufacturer, type , frame number and bicycle tag number, if any . (Ord. 1969 , 17 Apr 75; Ord. 1784, 11/72; Ord. 432, 12/39) 10. 84 . 090 I .D. card or tag loss . In the event any identification card or tag is lost or stolen for any bicycle registered pursuant to this chapter, and the owner or person having charge or control of such bicycle furnishes satisfactory proof to the chief of police of such loss or theft , upon pay- ' 324 10. 84 . 100--10 . 84 .1.50 . ment of the fee provided by Section 10. 84 . 060 , the chief of �- police shall issue a new identification card or tag. It shall be the duty of any owner or person having charge or control of any bicycle registered pursuant to this chapter, to notify the chief of police immediately of the loss or theft of such bicycle . (Ord . 1784 , 11/72; Ord . 736, 11/59 ; Ord . 432, 12/39) 10. 84 .100 Tampering with bicycle identification. It is unlawful for any person to remove, destroy , mutilate, tamper with or alter the serial number on the frame of any bicycle, or the identification tag affixed to the frame of any bicycle registered pursuant to the provisions of this chapter; provided, however, that nothing herein shall prohibit the chief of police from placing numbers or letters on frames of bicycles for purposes of identification. (Ord . 1784, 11/72; Ord. 432, 12/39) 10. 84 .110 Tampering with I .D. card . It is unlawful for any person to tamper with, destroy, mutilate or alter any registration or identification card issued pursuant to the provisions of this chapter. (Ord.. 1784, 11/72) 10. 84 . 120 Impounding--Parked bicycles . No person shall park or leave a bicycle in the area between Pacific Coast Highway and the mean high tide line of the Pacific Ocean in a manner so as to block or impede any road, vehicle route, walkway or path, or so as to block or impede ingress or egress from any building, stair, pier or bridge . Any bicycle so parked or left may be impounded by the department of harbors and beaches or by the department of police, and may be held until the sum of Five Dollars ($5) has been collected to defray the cost of impound. (Ord. 1913, 5/74; Ord. 1794 , 11/72 ) 10. 84 . 130 Impounding--Holding time period . Any bicycle which has been so impounded and held for three (3) months without redemption by or on behalf of the lawful owner thereof shall, if saleable, be sold at such time and place and in such manner for the reasonable value thereof, as provided by Sec- tions 2 .96 . 010 through 2 .96 . 070 of this code . (Ord . 1913 , 5/74; Ord. 1734, 11/72) 10. 84 .140 Impounding--Registered owner notified. When -any bicycle so impounded bears the identification tag required by the provisions of this chapter, the impounding agency shall within seven (7 ) days after impound send by regular mail a notification of impound addressed to the registered owner at the registered address . (Ord . 1913, 5/74; Ord . 1734 , 11/72) 10. 84 .150 Impounding-'-Provisions enforcement . The chief of police shall have the right to impound and retain possession of any bicycle being operated in violation of the �. provisions of Sections 10 . 84 . 010 through 10. 84 . 140 hereof, and ;` . may retain possession of such bicycle until the provisions of 325 10. 84 . 160--10 . 84 .230 such sections are complied with, and all fees provided by Section 10 . 84 . 060 have been paid. If such bicycle is not claimed within three (3) months , it shall be deemed to be abandoned. (Ord. 1969 , 17 Apr 75 ; Ord. 1913 , 5/74 ; Ord. 1734 , 11/72 ) 10. 84 . 160 Riding on sidewalk. No person shall ride a bicycle upon a sidewalk within any business district , or upon the sidewalk adjacent to any public school building, church, recreation center, playground or over any pedestrian over- crossing, or within any crosswalk. (Ord. 2270, 23 Mar 78; Ord. 1913, 5/74 ; Ord. 1784 , 11/72; Ord. 322, 12/28; Ord. 22 , 8/09) 10. 84 . 170 Yielding right-of-way . Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian, and when overtaking and passing a pedestrian shall give an audible signal . A person riding a bicycle off a sidewalk and onto a roadway shall yield to all traffic on the roadway . (Ord. 1913, 5/74; Ord. 1784 , 11/72; Ord. 22, 8/09) 10 . 84 . 180 Riding in group. Persons operating bicycles on a bicycle lane or path shall not ride more than two (2) abreast . (Ord. 1913, 5/74; Ord. 1784 , 11/72) , 10. 84 . 200 Riding on pier prohibited. No person shall ride or possess any bicycle or any similar type vehicle upon the municipal pier at any time . (Ord. 1913, 5/74; Ord. 1784, 11/72; Ord. 544 , 11/49 ; Ord. 344 , 9/31) 10. 84 . 210 Bicycle lanes and paths established. The city council establishes those bicycle lanes and paths as designated on the Preliminary Plan; Trails Element to the Master Plan of the city of Huntington Beach, and as such Preliminary Plan; Trails Element to the Master Plan may be amended hereafter from time to time . (Ord. 1913, 5/74; Ord. 1734 , 11/72 ) 10 .84 .220 Implementing establishment of bicycle lanes and paths . The city administrator is authorized, empowered and directed to implement the establishment of the bicycle lanes and paths , as designated on the Preliminary Plan; Trails Element to the Master Plan of the city of Huntington Beach, and as such Preliminary Plan; Trails Element to the Master Plan may be amended hereafter from time to time . (Ord. 1913, 5/74) 10. 84 .230 Bicycle lanes--Markings and erection of signs . The traffic engineer is authorized_ to. _erect or place signs upon any street .or. adjacent to any street:'in the city indicating the 326 10. 84. 250--10.84 .280 .� existence of a bicycle lane or path, and otherwise regulating the operation and use of vehicles and bicycles with respect thereto. When such signs are in place, no person shall dis- obey same. The bicycle lane shall be designated on .such street by a six inch (611 ) wide reflectorized white line. (Ord. 2175, 24 Mar 77; Ord. 1913, 5/74) 10. 84. 250 Direction of travel. No person shall ride or operate a bicycle within a bicycl a\ lane or path in any direc- tion except that permitted vehicular traffic travelling on the y same side of the roadway; provided that bicycles may proceed either way along a lane or path where arrows appear on the sur- face of the lane designating two-way traffic. ( Ord. 1913, 5/74) 10. 84. 260 Walking bicycles. Bicycles may be walked sub- ject to all provisions of law applicable to pedestrians. (Ord. 1913 , 5/74) 10.84. 270 Vehicular traffic in bicycle lanes or paths. No person shall park a motor vehicle across or o,n a bicycle path or lane except to obtain emergency parking where signs are posted prohibiting such parking. No person shall drive a motor vehicle across a bicycle lane except after giving the right-of- way to all bicycles operated within the lane. No motor vehicle, motorized bicycle, motor-driven cycle, or motorcycle may be operated on a bicycle path or sidewalk. (Ord. 2175, 24 Mar 77 ; Ord. 2148, 1/77 ; Ord . 2059 , 6/76 ; Ord. 1913 , 5/74) 10.84. 280 Penalty. It shall be unlawful for any person knowingly to violate or knowingly to permit any other person to violate any of the provisions contained in sections 10. 84. 160 through 10. 84 . 270 of this chapter, and any person violating any of the provisions contained in such sections shall be guilty of an infraction and punished upon a first conviction by a fine not exceeding fifty dollars ( $50) and for a second or any sub- sequent conviction within a period of one year, by a fine not exceeding one hundred dollars ( $100) . (Ord. 2059, 16 Jun 76 ; Ord. 1913, 5/74 ) 326-1 10. 88. 010--10.88 .060 Chapter 10 .88 SELF-PROPELLED WHEELCHAIRS AND INVALID TRICYCLES Sections : 10. 88 .010 Chapter applicability. 10. 88. 020 Operator's permit--Required. 10. 88. 030 Permit--Application. 10. 88. 040 Permit--Certificate of physical qualifications. 10. 88. 050 Evidence of disability. .10. 88. 060 Registration of velAcles. 10. 88. 070 Vehicles--Safety inspection. 10. 88. 080 Vehicles--Inspection--Decal. 10. 88. 090 Maximum speed limit. 10. 88 . 100 Right-of-way. 10. 88. 110 Minimum distance from buildings. 10. 88. 120 Parking on sidewalks . 10. 88. 130 Violation--Misdemeanor. 10. 88.010 Chapter applicability. The regulations and controls set forth in this chapter shall apply only to operators and vehicles while upon the sidewalks of the city. (Ord. 1003 , 9/63; Ord. 322, 12/28) 10 . 88. 020 Operator' s permit--Required. No person shall operate any battery-operated vehicle upon the sidewalks of the city without first obtaining an operator' s permit from the city police department . Such permit shall be issued only when the chief of police, or his designated subordinate, is satisfied that requirements of this chapter are met . (Ord. 1003 , 9/63 ; Ord. 322 , 12/28) 10 . 88. 030 Permit--Application. Application for said permits may be obtained and filed with the police department. (Ord. 1003, 9/63 ; Ord. 322 , 12/28) 10 .88. 040 Permit--Certificate of physical qualifications . Any application for such permit shall be accompanied by a certificate of physical qualification setting forth the appli- cant' s physical qualifications to operate such a vehicle to be completed and signed by a medical doctor. Blank certificates may be obtained from the police department. ( Ord. 1003 , 9/63; Ord. 32.2, 12/28) 10 .88. 050 Permit--Evidence of disability . Any applica- tions for such permits shall allso be accompanied by sufficient evidence to satisfy the chief of police, or his designated subordinate , that the applicant is incapable of the physical exertion necessary to walk upon the sidewalks so as to conduct normal business and social. activities . (Ord. 1003, 9/63; Ord . 322, 12/28) 327 i 10.88. 060--10.88 . 130 10. 88 . 060 Registration of vehicles . All battery operated vehicles known as self-propelled wheelchairs or invalid tri- cycles which are operated upon the sidewalks of the city shall be registered with the city police department . (Ord. 1003, 9/63; Ord. 322, 12/28) 10. 88 . 070 Vehicles--Safety inspection. No battery operated vehicle shall be permitted to operate upon the sidewalks of the city until said vehicle has received a safety inspection by the police department and has received a decal indicating it complied with all safety requirements, as established by the chief of police . (Ord. 1003, 9/63; Ord. 322, 12/28 ) 10. 88 . 080 Vehicles--Inspection--Decal . The safety inspec- tion decal shall be displayed in a prominent place upon the vehicle at all times and be of such color and design to be easily seen by pedestrians . (Ord. 1003, 9/63; Ord. 322, 12/28 ) 10. 88 . 090 Maximum speed limit . The maximum speed limit for all battery operated vehicles upon the sidewalks of the city shall be three-(3 ) miles per hour. (Ord. 1003, 9/63; Ord. 322, 12/28 ) 10. 38. 100 Right-of-way. The operators of battery operated vehicles upon the sidewalks of the city shall at all times yield the right-of-way to pedestrians . (Ord. 1003, 9/63; Ord . 322, 12/28 ) 10. 88 . 110 Minimum distance from buildings . All battery operated vehicles driven upon the sidewalks of the city shall, during their operation, maintain at least five (5) foot clearance from all buildings . (Ord. 1003, 9/63; Ord. 322, 12/28 ) 10. 38 . 120 Parking on sidewalks . No person shall stop, park or leave standing, whether attended or unattended, any self-propelled wheelchair or invalid tricycle upon the side- walks of the city in such a position as to obstruct the complete width of the sidewalk. (Ord. 1003, 9/63; Ord. 322, .12/28 ) 10. 88 . 130 Violation--Misdemeanor. Any person who violates or fails to comply with the provisions of this chapter is guilty of a misdemeanor. (Ord. 1003, 9/63; Ord . 322, 12/28 ) 328 Title 11 (RESERVEDN) 329 ^Huntington Beach Municipal Code 13. 12.010--13. 12.040(c) Chapter 13.12 w I PIER REGULATIONS Y� (344-10/31 , 554-12/49, Urg. 1306-3/67, 1399-4/68, 1430-9/68, 1743-5/72, 1743-5/72, 2022-1 /76, Urg. 2359-3/79, 3185-5/93) Sections : 13.12.010 Regulation authority 13. 12.020 Public use determination 13. 12.030 Violation of posted notices 13. 12.040 Fishing from the pier 13.12.050 Vehicle and parking regulation 13.12.060 Delivering concessions 13.12.070 Boat ticket sales 13.12.080 Tying up--permission required 13.12.090 Direct fueling prohibited 13. 12. 100 Repealed, Ord 3185-5/93 13. 12. 110 Repealed, Ord 3185-5/93 13. 12. 120 Repealed, Ord 3185-5/93 13. 12. 130 Repealed, Ord 3185-5/93 13. 12. 140 Repealed, Ord 3185-5/93 13.12.010 Regulation authority. The Director of the Community Services, subject to the provisions of this chapter and such ordinances as the Council may adopt from time to time, is given full power and authority to regulate or control the use of the public wharf or pier at the foot of Main Street in this City. (344-10/31 , Urg 1306-3/67, 3185-5/93) 13.12.020 Public use determination. The director shall have power to determine what portions of said pier shall be open to the public at any and all times, and also what portions of the pier shall not be used for any specific purpose. (344-10/31 , Urg 1306-3/67) 13.12.030 Violation of posted notices. Upon the posting of notices by the Director of Community Services, prohibiting the doing or performing of any acts on the pier, it is unlawful for any person to use said pier for the prohibited purpose or purposes. (344-10/31 , Urg 1306-3/67, 3185-5/93) 13.12.040 Fishing from the pier. Fishing is allowed from the pier, but the following acts are prohibited: (3185-5/93) (a) Overhead Casting. Cast a fishing line, either with or without a fishing pole, by what is commonly known as overhead casting; (3185-5/93) (b) Negligent Casting. No person shall cast in the water adjacent to the pier or on the pier, a fishing line, lobster trap, crab trap, any mussel hook, or any other such device in such a manner as to create a hazard to any other person; (3185-5/93) (c) Extra Lines . No person shall have more than two (2) fishing lines in the water under or near the pier at one time; (3185-5/93) '� 5/93 13. 12.040(d)--13.12.050(e) Huntington Beach Municipal Code (d) Projecting Poles. No person shall allow or permit any fishing pole to extend inward from the rail to a distance of more than four (4) feet; (3185-5/93) (e) Cleaning of Fish or Mussel . No person shall place, cut or clean any fish, mussel or bait, or any other marine life upon any bench, or seat placed upon the municipal pier or upon the floor or railings of the pier; (3185-5/93) (f) Lobster Traps. No person shall have more than two (2) baited hoop nets in the water under or near the pier at any one time. Said traps shall be attended by a person at all times. Attendance is to be within five hundred (500) feet of the traps at all times; (3185-5/93) (g) Tampering with Lifesaving Equipment. No person shall remove, use or tamper with lifesaving equipment upon said pier, provided therefor for public use, except in time of emergency. (344-10/31 , 554-12/49, 3185-5/93) (h) Feeding Wildlife. No person shall provide food, bait or other material for wildlife upon the pier. (3185-5/93) (i ) Pier Curfew. No person shall remain on the pier between the hours of midnight and 5:00 a. m. (3185-5/93) (j) Fishing from Closed Area. No person shall set up or cast a fishing line in areas on the pier that have been closed to fishing. (3185-5/93) 13.12.050 Vehicle and parking regulation. Pursuant to section 13.08.280 of this chapter, the following shall apply: (a) Speed Limit. No person shall drive any motor vehicle upon said pier in excess of five (5) miles per hour. (b) Heavy Vehicles. No person shall drive or permit to be driven any vehicle of any kind or character whatsoever, upon the pier of a gross weight in excess of twenty thousand (20,000) pounds. (c) Roller Skates and Skateboards Prohibited. No person shall possess or use any roller skates or skateboard or any similar type of device upon the municipal pier at any time. (d) Parking. No person shall park a vehicle on the pier except for the express purpose of loading or unloading supplies, unless he possesses a written permit from the Director of Community Services allowing him to do so. No person shall leave a vehicle standing or unattended on the pier at any time. (3185-5/93) (e) Unauthorized Vehicles Prohibited. No person shall operate any automobile, motorcycle, truck, or any other motor driven vehicle or conveyance upon the city pier without the express written consent of the Director of Community Services. (3185-5/93) 5/93 Huntington Beach Municipal Code 13.12.050(f)--13.12. 100 (f) Bicycles on Pier. No person shall ride a bicycle or any similar type vehicle on the municipal pier. Bicycles or similar type vehicles may be walked or pushed on the pier. No bicycle shall be chained, cabled or locked by any means to the pier railings. (Urg. 1306-3/67, 1743-5/72, 2022-1 /76, Urg. 2359-3/79, 3185-5/93) 13.12.060 Delivering concessions. Vendors or their agents shall not make deliveries by vehicles to concessionaires on the pier except between the hours of 6 a.m. and 11 a.m. during the dates of June 15 to September 15. Such time limit shall not be in effect during the remainder of the year. (1399-4/68) 13.12.070 Boat ticket sales. No person shall sell or offer for sale any tickets for transportation upon any boat of any kind whatsoever upon said pier. (344-10/31 , 3185-5/93) 13.1Z.080 Tying up--Permission required. No person having charge of any vessel shall make the same fast to the pier without the consent of the Director of Community Services. (344-10/31 , 1430-9/68, 3185-5/93) 13.12.090 Direct fueling prohibited. No person shall fuel any vessel secured to or adjacent to the pier with any petroleum product directly from a tank or wagon or truck. (344-10/31 , 1430-9/68, 1743-5/72, 3185-5/93) 5/93 Huntington Beach Municipal Code 13.16.010 Chapter 13.16 BEACH PARKING LOTS (Urg. 1306-3/67, 1328-8/67, 1404-5/68, 1671-10/71 , 1743-5/72, 1933-10/74, 2096-10/76, 5/93-format change only) Sections• 13. 16.010 Regulations 13. 16.020 Parking fee payment 13. 16.030 Enforcement 13.16.010 Regulations. The following regulations will apply to parking in any of the City-owned beach parking lots: \ (a) Parking is allowed within designated spaces only. (b) Parking lot hours shall be 5 a.m. to 12 midnight. (c) There shall be no overnight parking. (d) Any deviation from this section will be by permission of the Director of the Community Services Department. (e) No loitering or obstructing of flow of traffic will be allowed in the parking lot by any person or persons. (f) No vehicle shall obstruct any entrance in the parking lot. (g) No trailers or similar vehicles will be allowed in the parking lot from June 15 to September 15 of each year. (h) Fees for parking shall be established by resolution of the City Council . (i ) Any vehicle leaving the parking lot and returning will be required to pay on re-entering. (j) Number of parking permits per concession owner will be determined by the Director of the Community Services Department. (k) No house trailer or similar vehicle is permitted in any beach parking lot on Saturdays, Sundays or holidays except as provided elsewhere in this code. (1 ) Parking of motor vehicles in the parking lot located on the east side of the pier adjacent to the Fisherman Restaurant shall be reserved for patrons of said Fisherman Restaurant. (m) The Director of the Community Services Department shall have the authority to designate reserved parking areas in City-owned beach parking lots. (n) No unauthorized vehicle shall park in a reserved parking area where signs are posted giving notice of such reserved parking. (Urg. 1306-3/67, 1328-8/67, 1404-5/68, 1743-5/72, 1933-10/74) 5/93 13. 16.020--13.16.030 Huntington Beach Municipal Code 1.3_.16,02Q__Pjrking fee as m n . Except as otherwise provided herein, no person shall cause any vehicle to enter or remain or be parked in or on any City-owned or operated beach parking lot without paying the established fee. Any violation of this chapter is an INFRACTION and punishable by a fine not to exceed one hundred dollars ($100) . (Urg. 1306-3/67; 1671-10/71 ; 1933-10/74; 2096-10/76) 13.16.030 Enforcement. In addition to City of Huntington Beach Police Officers, sworn city personnel designated by the city to be in charge of any City-owned beach parking lot are authorized to enforce beach parking regulations. (1933-10/74) 5/93 13 .12. 010--13.12. 040 Chapter 13.12 PIER REGULATIONS Sections : 4 13.12.010 Regulation authority. 13.12. 020 Public use determination. 13.12.030 Violation of posted notices . 13.12. 040 Prohibited acts. 13.12 .050 Vehicle and parking regulation. 13.12. 060 Delivering concessions. 13.12. 070 Boat ticket sales. 13.12. 080 Boat landings . 13.12.090 Private boats. 13.12. 100 Control of boat landing. 13 .12.110 Charges for use of landing. 13.12 .120 Tying up--Permission required. 13.12.130 Tying--up--Method. 13.12 .140 Direct fueling prohibited. 13. 12. 0.1.0 Regulation authority. The director of harbors , beaches , recreation and parks, subject to the provisions of this chapter and such ordinances as the council may adopt from time to time, is given full power and authority to regulate or control the use of the public wharf or pier at the foot of Main Street in this city. (Ord. 1306, 3/67; Ord. 344, 9/31) 13.12. 020 Public use determination. The director shall have power to determine what portions of said pier shall be open to the public at any and all times , and also what portions of the pier shall not be used for any specific purpose. (Ord. 13o6 , 3/67; Ord. 344, 9/31) 13 .12. 030 Violation of posted notices. Upon the posting of notices prohibiting the doing or performing of any acts upon certain .portions of said pier by the director of harbors , beaches , recreation and parks , it is unlawful for any person to use said portion of the pier for the prohibited purpose or purposes . (Ord. 1306 , 3/67; .Ord. 344, 9/31) 13 .12. 040 Prohibited acts . No person while upon or near the municipal. pier located at the foot of Main Street in this city, and over the Pacific Ocean in this city) shall do or cause or permit to be done, any of the following acts : (a) Overhead Casting. Cast a fishing line, either with or without a fishing pole, by what is commonly known . as over- head casting; 365 13 . 12. 050 (b ) Negligent Casting. To cast a fishing line , lobster trap, crab trap, any mussel hook, or any other such device in such a manner as to create a hazard to any other person, either in the water adjacent to the pier or on the pier; (c ) Extra Lines . Have more than two (2) fishing lines to any one person in the water under or near the pier at one time; (d) Projecting Poles . Allow or permit any fishing pole to extend inward from the rail to a` distance of more than four ( 4) feet; (e) Cleaning of Fish. Place, cut or clean any fish or bait, or any other marine life upon any bench, or seat placed upon the municipal pier or upon the floor of the pier unless same is placed in a container; (f) Lobster Traps . Have more than two (2) baited hoop nets to any one person-- in the water under or near the pier at any one time. Said traps shall be attended by a person at all times . Attendance is to be within five hundred (500 ) feet of the traps at all times ; (g) Tampering with Lifesaving Equipment . Remove , use or tamper with lifesaving equipment upon said pier, provided -"&Awe therefor for public use , except in time of emergency. (Ord . 554 , 11/49; Ord. 344, 9/31) 13.12. 050 Vehicle and parking regulation. Pursuant to Section 13. 08-. 2 0 in this chapter, the following shall apply : (a) Speed Limit . No person shall drive any motor vehicle upon said pier in excess of five (5) miles per hour. (b) Heavy Vehicles. No person shall drive or permit to be driven any vehicle of any kind or character whatsoever, upon the pier of a gross weight in excess of twenty thousand (20 ,000) pounds . (c ) Roller skates and Skateboards Prohibited. No person shall possess or use any roller skates or skateboard or any similar type of device upon the municipal pier at any time. (d) Parking. No vehicle shall be permitted to park on the pier except for the express purpose of loading or unloading supplies , unless he possesses a written permit from the director Of harbors , beLi.ches , recreation and parks allowing him to do so. No vehicle parked upon the pier shall be left unattended at any L i Ino 366 13.12. 06.0--13.12.100 (e) Unauthorized Vehicles Prohibited. No person shall operate any automobile, motorcycle, truck, or any other motor driven vehicle or conveyance upon the city pier without the express written consent of the director of the department of harbors , beaches , recreation and parks . (f) Bicycles Prohibited. No person shall ride or possess any bicycle or any similar type vehicle upon the municipal pier at any time. (Ord. 2359, 19 Mar 79 ; Ord. 2022, 18 Dec 75; Ord. 1743, 4/72; Ord. 1306 , 3/67) 13.12. 060 Delivering concessions . Vendors or their agents shall not make deliveries by vehicles to concessionaires on the pier except between the hours of 6 a.m. and 11 a.m. dur- ing the dates of June 15th to September 15th. Such time limit shall not be in effect during the remainder of the year. (Ord. 1399, 3/68) 13.12. 070 Boat ticket sales . No person shall sell or offer for sale any tickets for transportation upon any boat of any kind whatsoever upon said pier, except from the space in one of the buildings located upon said pier. (Ord. 344 , 9/31) 13 .12. 080 Boat landings . No person in charge of any boat or other craft shall permit, cause or allow such boat or other craft to stand or remain at any boat landing upon the pier for a longer period than fifteen (15) minutes at any one time. (Ord. 344 , 9/31 ) 13 .12 . 090 Private boats . Nothing contained in this chapter shall be construed to prevent the embarking or dis- embarking of passengers from privately owned or operated boats and other craft, when the same are not in any commer- cial business , but are operated by the owners thereof with- out profit, for their own pleasure and amusement, and with- out charging or receiving any compensation from persons or passengers riding upon said boats or other craft . During emergency operations no vessel shall use any boat landing upon the pier until the emergency operations are concluded. (Ord. 1743, 4/72; Ord. 344, 9/31) 13.12. 100 Control of boat landing. The boat landing upon the pier shall be under the exclusive charge and con- trol of the director of harbors , beaches , recreation and parks and shall not be raised or lowered by any other person, unless by written consent of the director of harbors , beaches , recreation and parks. (Ord. 1306, 3/67; Ord. 344, 9/31) 367 13 .12.110--13.16. 010 13. 12 .110 Charges for use of landing. Such charges shall be made for the use of said landing upon the pier as may from time to time be fixed by the city council . (Ord. 344, 9/31) 13 .12 .120 Tying up--Permission required. No person having charge of any vessel shall make the same fast to a wharf, dock, seawall or the front of any pier without the consent of the owner, agent or person in charge of such wharf, dock, seawall or pier. No person shall make fast any vessel to any other vessel already occupying any wharf, dock, seawall or the front of any` pier either public or private. No vessel shall be allowed to extend beyond the pier- head line into the public right-of-way. (Ord. 1430, 9/68) 13 .12. 130 Tying up--Method. Every vessel lying at any pier shall be fastened thereto from bow and stern with such lines and in such manner as to assure the security of the vessel . (Ord. 1430, 9/68) 13 .12. 140 Direct fueling prohibited. No person shall fuel any vessel secured to or adjacent to a wharf, dock, sea- wall or any pier with any petroleum product directly from a tank wagon or truck. (Ord. 1430, 9/68 ) Chapter 13.16 BEACH PARKING LOTS Sections : 13 .16. 010 Regulations . 13.16. 020 Parking fee payment. 13.16. 030 Enforcement . 13. 16.010 Regulations . The following regulations will apply to parking in any of the city-owned beach parking lots : (a) Parking is allowed within designated spaces only. (b) Parking lot hours shall be 5 .a.m, to 12 midnight . (c ) There shall be no overnight parking. (d) Any deviation from this section will be by permission of the director of harbors, beaches , recreation and parks . I 368 13. 16. 020--13.16 . 030 �-` (e) No loitering or obstructing of flow of traffic will be allowed in the parking lot by any person or persons . (f) No vehicle shall obstruct any entrance in the parking lot . (g) No trailers or similar vehicles will be allowed in the parking lot from June 15th to September 15th of each year . (h) Fees for parking shall be established by resolution of the city council . (i) Any vehicle leaving the parking lot and returning will be required to pay on reentering. (j ) Number of parking permits per concession owner will be determined by the director of harbors and beaches. (k) No house trailer or similar vehicle is permitted in any beach parking lot--on Saturdays, Sundays or holidays except as provided for elsewhere in this Code. (1) Parking of motor vehicles in the parking lot located on the east side of the pier adjacent to the Fisherman Restaurant shall be reserved for patrons of said Fisherman _Restaurant . (m) The director of harbors and beaches shall have the authority to designate reserved parking areas in city-owned beach parking lots. (n) No unauthorized vehicle shall park in a reserved parking area where signs are posted giving notice of such reserved parking. (Ord. 1933, 8/74; Ord. 1743, 4/72; Ord . 1404, 4/68; Ord. 1328, 7/67; Ord. 1306, 3/67) 13 . 16. 020 Parking fee payment . Except as otherwise pro- vided herein, no person shall cause any vehicle to enter or remain or be parked in or on any city-owned or operated beach parking lot without paying the established fee. Any violation of this chapter is an infraction and punishable by a fine not to exceed One Hundred Dollars ($100) . (Ord. 2096, 1 Sept 76; Ord. 1933, 8/74; Ord. 1671, 1971; Ord. 1306, 3/67) 13-16. 030 Enforcement . In addition to city of Huntington Beach police officers, sworn city personnel designated by ' the city to be in charge of any city-owned beach parking l'ot: are authorized to enforce beach parking regulations . (Ord. ,1933, 8/74) `-- -68-1 i CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES Effective 4/14/93 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 2.109 Laura A. Nelson, Deputy ! `\ Records Division 374-1559 0171N Huntington Beach Municipal Code 2. 109.010--2. 109.040(b)(7) .--- Chapter 2.109 FINANCE BOARD (3184-4/93) Sections• 2.109.010 Creation 2.109.020 Composition 2. 109.030 Purpose 2.109.040 Duties 2.109.050 Authority 2.109.060 Operating Policies 2.109.070 Financial Disclosure 2. 109.080 Brown Act. 2. 109.090 Powers of Appointment 2.109.010 Creation. There is hereby created a Finance Board. (3184-4/93) 2.109.020 Composition. The Finance Board shall consist of seven (7) members. Each City Council Member shall appoint one member -of the Board to serve the same term as the City Council Member. (3184-4/93) 2.109.030 Purpose. The Finance Board shall act in an advisory capacity to the City Council in matters pertaining to financial planning. (3184-4/93) !� 2.109.040 Duties. The Finance Board shall have the duty to: (3184-4/93) (a) Prepare an Annual Report to the City Council . Annually, by January 20, the Board shall submit a report to the City Council . In preparing this report, the Board shall review the adopted Budget, Annual Financial Audits, Capital Improvement Plans/Budgets, and any other financial information determined by the board to be applicable to its annual report. The report shall include any recommendations by the Board pursuant to 2. 109.040(b) below. (3184-4/93) (b) Review and make recommendations regarding: (3184-4/93) (1 ) Fiscal Policies (3184-4/93) (2) Annual Financial Audit including review of the Management Letter from the City' s independent financial auditor (3184-4/93) (3) Debt Management (3184-4/93) (4) Capital Improvement Plans and Capital Improvement Budgets (3184-4/93) (5) Long Term Financial Plans (3184-4/93) (6) New and Increased Revenue Sources (3184-4/93) (7) Proposed State or Federal Legislation which impacts the City' s finances (3184-4/93) 4/93 2. 109.040(c)--2.109.090 Huntington Beach Municipal Code i (c) Perform such other duties or studies as may be directed by the City Council . (3184-4/93) 2.109.050 Authority. (3184-4/93) (a) It is intended that the Finance Board act only in an advisory capacity and not be vested with final authority in the establishment of priorities or the expenditure of funds. (3184-4/93) (b) The Finance Board, shall not interfere with the duties of any elected or appointed officer specified in the City Charter. (3184-4/93) 2.109.060 Operating Policies. Except as otherwise provided in this ordinance, the Board shall conform to operating policies for Boards and Commissions as set forth in Chapter 2.100 of the Huntington Beach Municipal Code. (3184-4/93) 2.109.070 Financial Disclosure. In accordance with California Government Code, members of the Finance Board shall be required to file appropriate statement of economic interest. (3184-4/93) 2.109.080 Brown Act. Meetings of the Finance Board shall be subject to the open meeting law. (Government Code Section 54950.) (3184-4/93) 2.109.090 Powers of Appointment. The Finance Board shall have the power to appoint, subcommittees of not more than three (3) of its own members to perform tasks within the scope of duties. (3184-4/93) 4/93 City Clerk' s Office ------------ (FC) -- ( 4 ) ----------- r oo c a ber Gaunter R Legislative history (drawer) CITY OF HUNTINGTON _BEACH ORDINANCE CODE UPDATES Effective Immediately PLEASE REMOVE FROM CODE PLEASE ADD TO CODE DM 14z DM 14Z DM 31 z DM 31 Z Laura A. Nelson, Deputy Records Division 374-1559 0171N PLANNING` ZONING DM 14Z 000 SECTIONAL DISTRICT MAP 13-6- 11 D SCALE IN FEET NOTE ARE IN FE CITY OF ADOPTED MARCH 7, 1960 s"wrE"oEODDOE ININ6^°"ro T-E ENTER HE DE CITY COUNCIL ORDINANCE NO. 754 RIGHT of w LEGEN ZONE ZONE qOl LOW DENSITY RESIDENTIAL DISTRICT AMENDED CASE ORDNO. AMENDED CASE ORD.NO. 12 MEDIUM DENSITY RESIDENTIAL DISTRICT H�JNTINGTON BEACH 031 6-61 139 821 4-17-67 66-661317 O RESIDENTIAL 4GR ULTURAL DISTRICT 3-fi-61 131 821 6-19-67 66-661330 MZ INDUSTRIAL DISTRICT 5-7-62 237 900 7-1-68 68-17 1426 0 LIGHT INDUSTRIAL DISTRICT 6-18-62 253 908 9-3-68 68-26 440 O RESTRICTED MANUFACTURING DISTRICT 8-5-63 340 992 1-6-69 68-43 1464 ® HIGH DENSITY RESIDENTIAL DISTRICT ORANGE COUNTY, CALIFORNIA ONE 0 -63 360 1007 8-I6-71 771 3 1664 R3 HIGHWAY CO DENSITYCOMMERCIAL RESIDENTIAL DISTRICT ED CARE ORD NO 1-20-64 390 1031 3-20-71 PP71-31732 C4 HIGHWAY COMMERCIAL DISTflICT IA-17�83 FLOOD ZONE—A 2-17-64 404 1037 6-5-72 72-11 174R MOBILHOME DISTRICT 10'-66 87-14 2968 3-2-64 402 1041 12-19-77 774'e'2252 0 COMBINED WITH OIL PRODUCTION _2-So 87-14A 3028 5-4-64 416,1055 12-18-78 78-232336 0 COMMUNITY FACILITIES(CIVIC)DISTRICT 6-15-64 443 1062 4-7-80 80-2 2425 © CONMUNITY FACILITIES RECREATIONAL)D ISTR ICT 8-19-64 464 1079 7-6-82 80-4 2555 ®U LIMITED USE DISTRICT 8-1-66 66_33 1234 5-17-82 82-5 2557 C� SHORELINE DISTRICT 11-I-82 82-8 2581 CZ COASTAL ZONE SUFFIX 7-2-84 84-7 2706 —-- COAON ROUNOARY 11 I2� --_:: DESIGNATESSTALZ PRIVATEE STfl EETS 12 7 14 13 - SETSIN FILED I LINE wITHNFLoIN.'TH-FPz II////'1s la ,:;DODi/A I,DIS;R; GC 595' 1°41E1 RI RI RI RI R3 R3 a wn,Dwpco R3 -"-""" - LR 3- MARnrnouE eouN cR 1- 1 _�_3 J R3°R� R3 �3 J R3 1¢ RI R3 R I RI y RI RI a RI ENN1 R: w r -.av, "1WGT0�'+ za6 z9 J sATTERFIELD DR RI CmD . 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C � 13 N I MH—CZ ALINE S 1/2 5E 1/4 SEC 13-6-II ao$o E LUD-0I-CZ-FP2-CC M 2-0 0 ' o� a o e. „d Z aok" M2-0 2 es32 PACIFIC OCEANs/ \ A y 13 Ifi 24 19 PLANNING a SECTIONAL DISTRICT MAP � o� • 14—5—I I SCALE FEET � o CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP D BOLSA AVE El -- 1 L C r C� J m R wwuEsrruE 'DwErowry —c � m l J cavcano�a Sq 3q CITY oF W STMINST _ HU T NGTON EA H I I WHITNEY DR AVE aI s z� oFpp pgsp my9s�q yypO9 —REST CR cp C 90 F <y NA AOC—L All E 0 EFSOry o ErvAVE I 0 � pocrrmaurvr AVE i ITV O W STMI STER MC FADD N SUGAR V E CITY ES-TM N5TE'r I w 1y '�qF rc ��qL r a 0 r• a = JC�FCF-E _ ENTER AVE. S U a W ID r I N W z 3 O !C _ :.� u1 ......... Z F ? W ......,..... O r o Z J � U I �+ EDING�R AVE i- r 4 13 22 23 • 23 2a PLANNING ZONING DIM 31Z SECTIONAL DISTRICT MAP 26 — 5 - II =LAB ° NOTE CITY OF ADOPTED APRIL 11,1960 "YS��H ORp ING VF WAY o TH11T'I E cenieR CITY COUNCIL ORDINANCE NO. 759 LEG END:Hi NNE NO ZONE IND RA RESIDENTIAL AGRICULTURAL DISTRICT AMENDED CASE NO AMENDED CASE NO R2 MEDIUM DENSITY RESIDENTIAL DISTRICT I�UNTIl�GTON BEACH ti _ -E IIGHT IINEUSTTY LITIES(DISTRIION)OISTRICT 092oz 2 ® OFFICE PROFESSIONAL DISTRICT MI LIGHT INDUSTRIAL DISTRICT H MOBILE HOME PARK OVERLAY O LOW DENSITY RESICENTIAL DISTRICT ORANGE COUNTY, C A L I F O R N I A } act R3 MEDIUM-NIGH DENSITY RESIDENTIAL DISTRICT Bn1996 C4 HIGHWAY COMMERCIAL DISTRICT 3A - - CF`R .IMUNITY FACILITIES(RECREATIONAL)DISTRICT GO -CD CIVIC DISTRICT CF-C COMMUNITY FACILITIES(CIVIC)DISTRICT 5 IB 92 9017 3lac Fmsl MULTISTORY FF-P-2-1 FLDOUPLAIN DISTRICT WITHIN FLOOD ZONE-FP2 jjZ7Jj1 PRECISE PLAN OF STREET ALIGNMENT AD Imo$ ULTIMATE RIGHT OF WAT SETBACK LINE 23 24 WARNER a A d9 RP69`I53�— AVE r 26 26 / R2 OP �(— IRA) IYII ~ N ea FIR DR J s~ 50 C4-MS R2 -R 2 x,l)'LSD CAIN AVE �____. LLDo v So DO R CF-E �JN N >MD�E -- - 5-- MI wMI ! R2Sall IIIH R2 D �.-MII.,, R e J L----L-- L--- - 2 40DO R3-FP2 --- - --`- CF-R° - --{ e E4o. CYPRESS V sss� CEDAR AVEn _ R2 p i 'i 190 MI 3o E R 23 yl R7 2 R2 (R2) 'I p al Q ICI I--"---- N LINES TR 4053 � r O L� 52 � RI RI 9Tcedm[ [ F �} 330 TO BETTY DR D (;^.I`t•/Vii_'4f R3 KR6TIN CR - M I�M �1 oMANDRELL DR O M I M I (R3) R 1 ODd R3 R3 So D (RI) 1/D K' C 4 RI RI V RI URI Rl FCCBARTDNDR3F 3 FORD DR.� J M cF- R3 o O RI 96T 7 To E M J M M M M J M M I RI- CD D RI-CD N cr X a D ZZI WAGJN R3 NIMROD IX2. w o m a RI-C RI CD ;�o Rl-c0 Y RI-c0 o R�Q o o w R3 f R3 1 R3 R3 a R3 40 --�— SLATER AVE il 4M , D MI _ MH117 zz M----- a U E3I D O c 5 �uJ 0 10 °° O SPEER (RA) Lf O O EYNOLDS CR j M4L 0 - ' MI z lm 7"_ M ICF—R f ° -' o --"----------'----� BELVA DR (R5) y 30oo0 NEWMAN AVE -- .4TE MI-CD MI woo w oR R2 3ro IIB ..... 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NUTWOOR CR SO CF-E - MC CARTNY y MONTOYA CR (rr t_�iv v7.i_W.C>!Ci.L) VISTIA���''''''{{{DEL SO—L�TITT—TI OR NELLEY CR w �J ¢SABdICA3 OP. VIA CARONA DR. OR ARMADA DR w_GALIPEAN TORIN DR JAROINES DR - JARDINES OR, RIO VISTA DRw a ARROWHEAD DR E H B F C C VILLA NUEVA C FRITCH w EL LORTFp WINTFRGREEN DR r FALLINGWATER _ OR J `g I I IT��TIT�I I I I I Llir Z n MISER DR VATCHER DR lz N _ w N ARACENA C F—R 3 AMSHIRE DR ¢ , ".I. F�.R�<) H Z BALMORALn OR S - w J cq o S " BRA MA FO%SHIELD 5 qi. w POry O? LUCIENTO OR C9 _ O TALBER] DR V 1 � w 128I'2] \351 • 1�133 Y PLANNING ZONING DM !s SECTIONAL DISTRICT MAP 12 -6 -II slLe INFEET ADOPTED AUGUST NOTE ALL DIMENSIONS IRE IN FEET CITY COUNCIL-ORDINANCE N0.785 A ZONE ZON 1 E N ZONE ADJOINING ANY RIGHT OF WAY AMENDED CASE ORO NO AMENDED CASE ORD NO. IS T INTENDED TO EXTEND TO THE CENTER 2-6-EI 145 814 8-7-72 PP72-5 1767 OF SUCH RIGHT OF WAY AL 5-15-61 161 839 8-6-73 73-12 1862 LEGEND' 12-4-61 213,215 877 7-7-75 75-4 1994 0 QUALIFIED CLASSIFICATION 5-7-62 237 900 6-6-77 77-6 2190 PO PLANNED DEVELOPMENT DISTRICT BEACHGTON 9-17-62 316 923 12-I3-78 78-22 2335 I1 -2-63 300 948 3-6-79 79-1 2356 © NEIGHBORHOOD COMMERCIAL 6-3-63 39 034 4-3-82 79-9 2546 RI LON DENSITY RESIDENTIAL DISTRICT HUNTI2-3-64 394 1034 4-5-82 81-15 2546 02 COMMUNITY BUSINESS DISTRICT COUNTY,V _19-64 461 079 1-17-83 FLOOD ZONE 2604 ORANGE C®U 1\ 1 1 , CALIFORNIAC A L I F O R N I A 7-7-65 482 1145 9-I6-85 85-5 2796 CF-R COMMUNHIGH—,ITT FACILIMERCR L (STRICT TIONAU DISTRICT 6-4-65 514 1145 7-21-86 86-17 2854 Cq HIGHWI!COMMERCIAL DISTRICT 11-15=65 531 1165 8-17-87 87-8 2911 CF- COMMUNITY FACILITIES(EDUCATION)DISTRICT HF Note:Olmensmns are approXlmate 1-3-66 540 1177 FRA REStOENDAL AGRICULTURAL DISTRICT and basetlon theapplove0 site 1'I6'67 66-62 1290 FP2 —DPLAIN DISTRICT plane Amore specific plan 6-19-67 66-66 1330 %///b WITHIN FLOOD ZONE-FP2 WIII be s.,mitted With the 9-I8-67 67-22 1349 O OIL COMBINING DISTRICTS final traol map. 10-19-70 70-10 1606 7-17-71 71-11 1658 =_--= DENOTES PRIVATE STREETS 9-7-71 71-12 1657 - SETBACK LINE 12-20-71 71-34 1702 J ADAMS AVE. i ,, aRacead:: ;. RI RI v~ RI D -- o ���_- I z NORTHPORT DR AFTON CR o V *tiLA RI GE, i m RI RI RI RI RI RI Rl JPAGE cR RI RI RI m ,,ygn.q-�'d�bL �3 3 B OTHBAY CR J N RI= HAxroN CR vlscG N R I RI Q RI RI RI PRINCESS Cfl SELLSHIRE GR DR J Rl n K RI MILLBRIDG Cfl OXL Y CR w R I aRl RI RI - R I• KNIGHTS CR. MIDBURY F OR NORFOLK DR KELSO OR RI RI �MEJE[RI DR of al - LRI RI 0 arwx o m rc RI RI RI zSOUIRES CR GALZ ANT DP oL'1eB 'ri I CAPE NEW BURY DR LL MASTEgS C k' o RI RI LLo RI i 1. R I J. OR 3 BUHLCREE OP SOUTHPORT DR U CF-Rm RI o RI L4RTµ,_ 3' RI a RI RI A wSEALROCKwOR RI z ENTON DR N CF-E 6 H 3; Ea h p RI RI RI =RI M RI Mo���r7scRGou RI "Rvat f SEAPORT Y DR DR Cq>q of BEDEL DR. T z C2 RI vAIL RI RI = 1 3q RI J o v 3 MONSTER i DR RI fluxioN DR w N eo Hale w R Bz.e RI o RI �RI RI RI �� CF-R oAM,,Oq¢ o yRI RI RI �'t.,,=E1",PARK) : RI a _ �. RI RI ALLOY.z, OR a 3 w RI RI s TO RI RI OK2 R TO R I CHARFORD DR. SAINFORDo DR 2735 o RI RI - RI RI RI RI RI INDIANAPOLIS - - AVE RI RI RI RI DRIF�W00DD e9095 m Cl RI .,!., t RI RI 'RI ., RI REILLY DR .,,�y__ `) - £":!i- p ____-- e;.i EBB R I ?, ?p. R TID CR ^F-E R c,; R I R I fV TERN CR I //, SAIL CR u RI -.-RI RI RI RI HERON CR b'�'cV i MERMAID C RI R I _ a CRANE CR pxTnLF.k. WC/ SUNSET CR R I y _ 1 '"$1 ;^ `I r R RI KINGFISHER - WRl RI p U( .:a; i MARY LR VARAS ci- CR - ._ __ rIT' // ,, .4kP. elscR j I:rIIt4%Aobus.-___:_% LJ IJ /L-L] Y-irt,`?�! Z R I RI R I RI , r R f .. ^'i„�4-. a RI SEABIRD CR gLVARADD s a OR a .-: `.., g U R 1 PUERTO DR - _-.•`- _ - Q EVELYN CR CA`1-11N 0' - "-.'.e rV?•.�.•,• "i L.. ------- Q Q Z 3 RI nlRl� BIOtq- I�-_ a RI a _ Z mi U NOWBIRD z DR 3 7: I - -.,I -'' l ------------- R _ loo •{ 1, o RI Ri RI _JI95 Z, '- 41. RI RI >J Ri C4 y C4J� k<'.' 8 / s� Iz 7 ATLANTA AVE I i w� SECTIONAL DISTRICT MAP 13-6- IIDID T K 5°P�E IN FEET wp CITY OF UNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP II 12 12 7 4 13 13 18 J+ ATLANTA AVE I+L MARTINIQUE DR 'IN CR F— Q F R� - J _xiNGTDN',-aq, INNNI Dr J y � Al J SATTERFIELI DR Al � `emory RN._ .._,�__CF...' DiuFE�......-F wu,ov za z 4 � � I yro JENNY DR _ DR � -•.1�NaRa —PU o0R5Ei� . MairtNEL CIR CF-E AR EL I - - JDR HILLiEAD CR — i : Y STILWELL DR RI ----- --..FIELD � END 1 � � �8: E DRVMEN �I - ,o Jausiiwl —DR - �J— '� DR —� " 7 _——�aiiL,aIRD � - -;off --� Ea- v o o R I _ 0 - Hoo L��o � U HAMILiDN AV V m � I ROTARY IIIII�1 ,.. II I° I o D A D DI-2 qcl D i M U D -- �8 I �a M ° f4tiy ^^ CO � —_ -- D U M P AN SGE cy � qs,� I O o I y:. O o EDISON CO 0 Z GENERATING U PLANT Q � q O PACIFIC OCEAN OO 0 oo 13 IB 24 19 FPLhNNING ZONING � 3/SS3 DM 31 �� i�-C-(' l000 SECTIONAL DISTRICT MAP 26 - 5 - II 9L F NFEET CITY IL? CI 1 1 ®F ADOPTED APRIL I I,1960 1r11 Horn uF 11. I o THe e F Ea CITY COUNCIL ORDINANCE NO. 759 LEGEND HT ZONE ORD ZONE ORD AMENDED CASE NO AMENDED CASE NO rR—Al RESIDENTIAL AGRICULTURAL DISTRICT R2 MEDIUM DENSITY RESIDENTIAL DISTRICT Oo dJ ��Yl \ V sy�®-]p r BEACH ♦ �� - e� 71:- CF-E COMMUNITY FACILITIES(EDUCATION)DISTRICT 1 �/11■■ �' 11II`VI ■LA 9d 2 ® OFFICE PROFES610NAL DISTRICT MI LIGHT INDUSTRIAL DISTRICT _ 71 Eh>d MOBILE HOME PARK OVERLAY F LOW DENSITY RESIDENTIAL DISTRICT ORANGE COUNTY, CALIFORNIA 33 P3 MIS NIGH DENSITY RESIDENTIAL DISTRICT 33�ea6 C�9 HIGHWAY COMMERCIAL DISTRICT CFO- COMMUNITY FACILITIES(RECREATIONAL)DISTRICT 11 -CD CIVIC DISTRICT 1707 11 CF-C COMMUNITY FACILITIES(CIVIC)DISTRICT 504 la 5-e] e]-1 2906 O MULTISTORY FP2 FL00°PLAIN DISTRICT 2223 - '/// WITHIN FLOOD ZONE-FP2 -7 PIM jjJjJJj1 PRECISE PLAN OF STREET ALIGNMENT b 1230a ------- U LTIMATE RIGHT OF WAY ------- SET_LIE 23 24 s v0s52 iaa 26 25 WARNER I o-669 P 153o AVE II L ❑,�, I "i R2 � OP "� - -� �� 1 �" 50 C4-MS- M I � FIR DR J pp rr�� c�I i� �CAIN AVE __—IlL 50i Ir SL so N f`F_E "�` r —�-- 1. 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City Clerk' s Office ------------ (FC) -- ( 3 ) ----------- Evelyn Counter Legislative history (drawer) CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES Effective 2/3/93 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 14.52 J 0 J^1 I V Laura A. Nelson, Deputy Records Division 374-1559 0171N Huntington Beach Municipal Code 14.52.010--14.52.020(c) Chapter 14.52 WATER EFFICIENT LANDSCAPE REQUIREMENTS (3183-2/93) Sections: 14.52.010 Purpose and intent 14.52.020 Definitions 14.52.030 Amendments 14.52.040 Applicability 14.52.050 Exceptions 14.52.060 Plan Submittal Requirements 14.52.070 Water efficient design guidelines 14.52.080 Statutory authority in case of conflicting provisions 14.52.090 Effective precipitation 14.52.100 Required forms 14.52.010 Purpose and intent. The purpose of this chapter is to: (3183-2/93) (a) Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible; (3183-2/93) (b) Establish a structure of designing, installing, and maintaining water efficient landscapes in new projects ; (3183-2/93) (� (c) Establish provisions for water management practices and water waste prevention for established landscapes; (3183-2/93) (d) Establish a long range goal of water efficiency through proper planning and design, the use of technologically current equipment with proper installation, continued maintenance and monitoring of water use through the designed systems; (3183-2/93) (e) When used in conjunction with the "Arboricultural and Landscape Standards and Specifications" Resolution Number 4545, to give the Landscape Architect and/or owner the tools to provide an individualized landscape improvement to suit the needs of the owner and the requirements of the city; and (3183-2/93) (f) To provide standards for a finished landscape that is physically attractive, conserves water and is easy to maintain. (3183-2/93) 14.52.020 Definitions. The words used in this chapter shall have the meaning set forth below: (3183-2/93) (a) "anti-drain valve" or "check valve" means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads . (3183-2/93) (b) "application rate" means the depth of water applied to a given area, usually measured in inches per hour. (3183-2/93) (c) "applied water" means the portion of water supplied by the irrigation system to the landscape. (3183-2/93) 1 /93 r , 14.52.020(d)--14.52.020(n) Huntington Beach Municipal Code (d) "automatic controller" means a mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application. (3183-2/93) (e) "backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. (3183-2/93) (f) "conversion factor (0.62)" means a number that converts the maximum applied water allowance from acre-inches per acre per year to gallons per square foot per year. The conversion factor is calculated as follows: (3183-2/93) (325,850 gallons/43,560 square feet.)/12 inches = (0.62) 325,850 gallons = one acre foot 43,560 square feet = one acre 12 inches = one foot -(3183-2/93) To convert gallons per year to 100-cubic feet per year, the city' s billing unit for water, divide gallons per year by 748. (748 gallons = 100 cubic feet.) (3183-2/93) (g) "drought tolerant" means plant material which, when established in the landscape, is able to grow and survive on little or no additional water than is provided by rainfall . (3183-2/93) (h) "ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. (3183-2/93) (i ) "effective precipitation" or "usable rainfall " means the portion of total precipitation that is used by the plants . (3183-2/93) (j) "emitter" means drip irrigation fittings or devices that deliver water slowly from the system to the soil . (3183-2/93) (k) "established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball . (3183-2/93) (1 ) "establishment period" means the first year after installing the plant in the landscape. (3183-2/93) (m) "estimated applied water use" means the portion of the estimated total water use that is derived from applied water. The estimated applied water use shall not exceed the maximum applied water allowance. The estimated applied water use may be the sum of the water recommended through the irrigation schedule, as referenced in this chapter. (3183-2/93) (n) "estimated total water use" means the annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants and the efficiency of the irrigation system, as described in this chapter. (3183-2/93) 2/93 ti Huntington Beach Municipal Code 14.52.020(o)--14.52.020(x) (o) "ET adjustment factor" means a factor of 0.8, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two (2) major influences upon the amount of water that needs to be applied to the landscape. (3183-2/93) This ET adjustment factor of 0.8 is an average. It is- determined by combining the total plant palate mix of a project to determine the plant factor, in this case an average of 0.5, and dividing this by the irrigation efficiency, in this case the minimum of 0.625. (3183-2/93) Therefore, the ET adjustment factor (0.8) = plant factor average (0.5)/irrigation efficiency minimum (0.625) . (3183-2/93) (p) "evapotranspiration" ET means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. (The City of Huntington Beach reference evapotranspiration is approximately -forty—three (43) inches per year. ) (3183-2/93) (q) "flow rate" means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second) . (3183-2/93) (r) "hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non—irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non—irrigated hydrozone. (3183-2/93) (s) "infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour) . (3183-2/93) (t) "irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices . The minimum irrigation efficiency for purposes of this ordinance is 0.625. Greater irrigation efficiency can be expected from well designed and maintained systems . (3183-2/93) (u) "landscape irrigation audit" means a process to perform site inspection, evaluate irrigation systems , and develop efficient irrigation schedules . (3183-2/93) (v) "landscaped area" means the entire parcel less the building footprint, driveways , non—irrigated portions of parking lots , hardscapes such as decks and patios , and other non—porous areas . Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants , such as orchards or vegetable gardens are not included. (3183-2/93) (w) "lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. (3183-2/93) (x) "main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. (3183-2/93) 1 /93 14.52.020(y)--14.52.020(ii ) Huntington Beach Municipal Code (y) "maximum applied water allowance" means , for design purposes, the upper limit of annual applied water for the established landscaped area as specified in this chapter. It is based upon the areas reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance. (3183-2/93) (z) "mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. (3183-2/93) (aa) "mulch" means any material such as sawdust, bark or other materials left loose and applied to the soil surface to reduce evaporation. (3183-2/93) (bb) "operating pressure" means the pressure at which a system of sprinklers is designed to operate, usually referenced to the base of a sprinkler. (3183-2/93) (cc) "overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other non-landscaped areas. (3183-2/93) (dd) "plant factor" means a factor that when multiplied by reference evapotranspiration, estimates the amount of water used by plants . For purposes of this ordinance, the average plant factor of low water using plants ranges from 0 to 0.3, for average water using plants the range is 0.4 to 0.6, and for high water using plants the range is 0.7 to 1 .0. (3183-2/93) (ee) "rain sensing device" means a system which automatically shuts off the irrigation system when it rains . (3183-2/93) (ff) "reclaimed water,""recycled water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption. (3183-2/93) (gg) "record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. (3183-2/93) (hh) "recreational area" means areas of active play or recreation such as sports fields , school yards, picnic grounds, or other areas with intense foot traffic. (3183-2/93) (ii ) "reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants . ETo is given in inches per day, month, or year as represented in this chapter and is an estimate of the evapotranspiration of a large field of four M- to seven (7)-inch tall , cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated. (3183-2/93) 2/93 Huntington Beach Municipal Code 14.52.020(jj)--14.52.040 Qj) "rehabilitated landscape" means any relandscaping project public or private that requires city processing, or is a condition of approval for a specific project. (3183-2/93) (kk) "run off" means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope. (3183-2/93) (11 ) "soil moisture sensing device" means a device that measures the amount of water in the soil . (3183-2/93) (mm) "soil texture" means the classification of soil based on the percentage of sand, silt, and clay in the soil . (3183-2/93) On) "sprinkler head" means a device which sprays water through a nozzle. (3183-2/93) (oo) "static water supply pressure" means static water supply pressure when water is not flowing. (3183-2/93) (pp) "station" means an area served by one valve or by a set of valves that operate simultaneously._ (3183-2/93) (qq) "turf" means a surface layer of earth containing mowed grass with its roots. Annual bluegrass , Kentucky bluegrass, Perennial ryegrass , Red fescue, and Tall fescue are cool-season grasses. Bermuda grass , Kikuyugrass, Seashore paspalum, St. Augustine grass , Zoysiagrass, and Buffalo grass are warm-season grasses. (3183-2/93) (rr) "valve" means a device used to control the flow of water in the irrigation system. (3183-2/93) (ss) "water conservation concept statement" means a checklist and a narrative summary of the project as depicted in Section 14.52. 100(a) . (3183-2/93) (tt) "water efficient" means a combination of landscape features and watering techniques that in the aggregate reduce the demand for and consumption of water. Water efficient also means the result of selecting plant materials that require low amounts of water as opposed to plant materials which require tropical amounts of water. (3183-2/93) (uu) "Xeriscape," a registered trademark of the National Xeriscape Council , Inc. , means plantings which require little or no additional water than is provided by normal rainfall . (3183-2/93) 14.52.030 Amendments. As technology, situations , products and procedures change, the Director of Public Works may recommend adjustments or modifications to the Water Efficient Landscape requirements and the City Standard Plans. (3183-2/93) 14.52.040 Applicability. The provisions of this CHapter shall apply to all new and rehabilitated landscaping for public agency projects and private development projects. These provisions are in addition to entitlement conditions of approval for specific projects , unless exempt by approval of the governing body or specified elsewhere in the ordinance code. (3183-2/93) 2/93 ` / r 14.52.050--14.52.060(b)(2) Huntington Beach Municipal Code 14.52.050 Exceptions. Except as noted otherwise by special circumstances or by public hearing, the provisions of this chapter shall not apply to: (3183-2/93) (a) Interior remodels , tenant improvements , demolitions and changes of use; (3183-2/93) (b) Cemeteries; (3183-2/93) (c) Registered historical sites; (3183-2/93) (d) Ecological restoration projects that do not require a permanent irrigation system; (3183-2/93) (e) Mined-land reclamation projects that do not require a permanent irrigation system; (3183-2/93) (f) Any project with a landscaped area less than 2500 square feet; or (3183-2/93) (g) Replacement or repair of existing plant material or irrigation systems in conjunction with routine maintenance. (3183-2/93) 14.52.060 Plan submittal requirements. (3183-2/93) (a) "Conceptual Landscape Plan. " All projects that are designated by the Community Development Department as applicable to the provisions of this ordinance will require a submittal of a conceptual landscape plan. This plan will be reviewed by the Community Development and Public Works Departments to ascertain if the design complies with this chapter of the ordinance. The conceptual landscape plan shall be prepared by a California licensed Landscape Architect and shall indicate the design intent. It shall show and quantify the areas to be hydrozoned, indicate the proposed plant palate as it relates to each separate hydrozone area, provide an area estimate in square feet for each hydrozone and the percentage of each as it relates to the total landscaped area. (3183-2/93) Other information relating to the compliance of the project to this chapter shall be submitted with the conceptual landscape plan, including but not limited to a water conservation statement and the type of irrigation system proposed for each hydrozone. (3183-2/93) (b) "Working Drawings" or "Landscape Documentation Package" shall include, but not be limited to, a landscape design plan which incorporates the following elements : (3183-2/93) (1 ) The landscaped design plan shall be drawn on 24" x 36" sized project base sheets at an approved scale that accurately and clearly identifies the proposed work to be done, including a north arrow, indication of scale, and any off-site design influencing features ; (3183-2/93) (2) Designation of all separate hydrozones; (3183-2/93) 2/93 f Huntington Beach Municipal Code 14.52.060(b)(3)--14.52.060(c)(2) (3) Type, location and quantity of all species of plant materials utilized such as trees , shrubs, groundcover, turf and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size spacing and quantities of each group of plants indicated. If abbreviations or symbols are utilized for call outs, a legend shall be provided on each page of the planting plans; (3183-2/93) (4) A calculation of the total turf area and its percentage of the total landscaped area; (3183-2/93) (5) The location, percentage of the total landscaped area and types of mulch utilized; (3183-2/93) (6) A plant materials legend that contains both scientific and common names, quantity size, descriptive remarks and the percentage of low water use plants ; (3183-2/93) (7) Planting notes, tree staking, plant installation and soil preparation details, specifications and the provision for agricultural soil tests to determine soil amendments for both surface areas and plant backfill ; (3183-2/93) (8) A calculation of the total landscaped area; (3183-2/93) (9) Natural features, including but not limited to, rock outcroppings, existing trees , shrubs that will remain; (3183-2/93) ` (10) Those items listed in the Arboricultural and Landscape Standards/Specifications ; (3183-2/93) (11 ) Designation of recreational area; (3183-2/93) (12) Property lines and street names; (3183-2/93) (13) Streets, driveways, walkways , and other paved areas ; (3183-2/93) (14) Pools, ponds, water features, fences, and retaining walls; (3183-2/93) (15) Existing and proposed buildings and structures including finish floor elevations and pad elevations if applicable. (3183-2/93) (c) The "Irrigation Design Plan" shall be drawn on project base sheets . It shall conform to Arboricultural and Landscape Standards and Specifications. It shall be separate from, but use the same format as , the landscape design plan. The scale shall be the same as that used for the landscape design plan, and the irrigation design plan shall accurately and clearly identify all of the following items: (3183-2/93) (1 ) Location and size of separate water meters for the landscape; (3183-2/93) (2) Irrigation systems shall be designed to be consistent with hydrozones; (3183-2/93) 2/93 r 14.52.060(c)(3)--14.52.070(a)(1 ) Huntington Beach Municipal Code (3) Irrigation plans indicating the layout of each system with the location, type and size of all components of the irrigation system including automatic controllers, main and lateral lines , points of connection, data on valve sizes , gallons per minute (G.P.M. ) , valve locations , the s-ize and location of sleeves, all moisture sensing devices, flow controls, rain sensing devices, quick couplers, backflow prevention equipment, filters, pressure regulators , spray heads, drip heads, bubblers, etc. , for both conventional and drip or microspray systems; (3183-2/93) (4) Static water pressure at the point of connection to the public water supply. (3183-2/93) (5) Flow rate (gallons per minute) , application rate (inches per hour) , and design operating pressure (PSI) for each station; (3183-2/93) (6) Reclaimed water irrigation system as specified in this chapter; (3183-2/93) (7) An irrigation legend indicating all utilized equipment including adaptors, nozzle sizes, G.P.M. , P.S.I . , radius and other specific information; (3183-2/93) (8) Irrigation notes, contruction details of all assemblies and components and specifications; (3183-2/93) (9) A recommended irrigation schedule and maintenance schedule; (3183-2/93) (10) Grading design plan. (3183-2/93) (d) "Water Conservation Concept Statement. " Each landscape documentation package shall include on the cover sheet a "Water Conservation Concept Statement," as depicted in Section 14.52.100(a) . In addition, a copy of the calculations clearly identifying all elements of the formula shall be submitted concurrently for maximum applied water allowance, estimated applied water use, and estimated total water use. (3183-2/93) 14.52.070 Water efficient design guidelines. (3183-2/93) (a) The Maximum Applied Water Allowance. (3183-2/93) (1 ) A project' s Maximum Applied Water Allowance shall be calculated using the following formula: (3183-2/93) MAWA = (ETo) (0.8) (LA) (0.62) where: MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) (43 inches per year in Huntington Beach) 0.8 = ET adjustment factor LA = Landscaped Area (square feet) 0.62 = Conversion factor (to gallons per square foot) 2/93 i Huntington Beach Municipal Code 14.52.070(a)(2)--14.52.070(c)(1 ) (2) An example for calculations of the Maximum Applied Water Allowance is: (3183-2/93) Project Site: Landscaped area of 50,000 sq. ft. in Huntington Beach. MAWA = (ETo) ( .8) (LA) ( .62) (43 inches) ( .8) (50,000 sq. ft. ) ( . 62) Maximum Applied Water Allowance (for this example) = 1 ,066,400 gallons per year (or 1 ,426 hundred-cubic-feet per year: 1 ,066,400 divided by 748 = 1425.7) . (3183-2/93) (3) Portions of landscaped areas in public and private projects such as parks, playgrounds , sports fields ;, golf courses, or school yards where turf provides a playing surface or serves other recreational purposes may require water in addition to the Maximum Applied Water Allowance. A statement shall be included with the landscape design plan, designating areas to be used for such purposes and specifying any needed amount of additional water above the Maximum Applied Water Allowance. (3183-2/93) (b) Estimated Applied Water Use. (3183-2/93) (1 ) The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. (3183-2/93) (2) A calculation of the Estimated Applied Water Use shall be submitted with the Landscape Documentation Package. It may be calculated by summing the amount of water recommended in the irrigation schedule. (3183-2/93) (c) Estimated Total Water Use. (3183-2/93) (1 ) A calculation of the Estimated Total Water Use shall be submitted with the Landscape Documentation Package. The Estimated Total Water Use may be calculated by summing the amount of water recommended in the irrigation schedule and adding any amount of water expected from effective precipitation (not to exceed 25 percent of the local annual mean precipitation) or may be calculated from a formula such as the following: (3183-2/93) The Estimated Total Water Use for the entire landscaped area equals the sum of the Estimated Water Use of all hydrozones in that landscaped area. (3183-2/93) EWU (hydrozone) = (ETo) (PF) (HA) ( .62) (IE) EWU (hydrozone) = Estimated Water Use (gallons per year) ETo = Reference Evapotranspiration (inches per year) PF = Plant Factor HA = Hydrozone Area (square feet) ( . 62) = Conversion Factor IE = (0.625) Irrigation Efficiency (0.625 as a minimum) (3183-2/93) 2/93 I r r 14.52.070(c)(2)--14.52.070(e)(1 )(a) Huntington Beach Municipal Code (2) If the Estimated Total Water Use is greater than the Estimated Applied Water Use due to the precipitation being included as a source of water, an Effective Precipitation Disclosure Statement, as depicted in Section 14.52. 100(b) , shall be included in the Landscape Documentation Package. (3183-2/93) (d) Landscape Design Plan. A landscape design plan meeting the following requirements shall be submitted as part of the landscape documentation package. (3183-2/93) (1 ) Plant Selection and Grouping. Any plants may be used in the landscape, providing the Estimated Applied Water Use recommended does not exceed the Maximum Applied Water Allowance and that the plants meet the specifications set ,forth in the following three paragraphs and the Arboricultural and Landscape Standards and Specifications; (3183-2/93) Plants having similar water use shall be grouped together in distinct hydrozones; (3183-2/93) Plants shall be selected appropriately based upon their adaptability to the climatic, geologic, and topographic conditions of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged wherever it is consistent with the other provisions of this ordinance; (3183-2/93) Fire prevention needs shall be addressed in areas that are fire prone. Information about fire prone areas and appropriate landscaping for fire safety is available from the Fire Department. (3183-2/93) (2) Water Features . Recirculating water shall be used for decorative water features; pool and spa covers are encouraged. (3183-2/93) (e) Irrigation Design Plan. An irrigation design plan meeting the following conditions shall be submitted as part of the Landscape Documentation Package. (3183-2/93) (1 ) Irrigation Design Criteria. (3183-2/93) (a) Runoff and Overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas , walks , roadways , or structures . Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff. (3183-2/93) Special attention shall be given to avoid runoff on slopes and to avoid overspray in plant areas with a width less than ten (10) feet and in median strips . (3183-2/93) . 2/93 Huntington Beach Municipal Code 14.52.070(e)(1 )(b)--14.52.070(e)(2) (b) Irrigation -Efficiency. For the purpose of determining the maximum water allowance, irrigation efficiency is assumed to be 0.625. Irrigation systems shall be designed, maintained, and managed to meet or exceed 0.625 efficiency. (3183-2/93) (c) Water Meters. Separate landscape water meters shall be installed for all projects except for single family homes. However, single family homes with reclaimed water systems require a separate meter and additional preventative safety measures. `(3183-2/93) (d) Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design, including dual programs and/or multiple repeat features. (3183-2/93) (e) Valves. Plants which require different amounts of water shall be irrigated by separate valves . If one valve is used for a given area, only plants with similar water use shall be used in that area. Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage. (3183-2/93) (f) Sprinkler Heads. Heads and emitters shall have consistent , . application rates within each control valve circuit. Sprinkler heads shall be selected for proper area C-1 coverage, application rate, operating pressure, adjustment capability, and ease of maintenance. (3183-2/93) '�(g) Rain 'SensingOverride Devices. Rain sensing override devices shall be required on all irrigation systems . An irrigation system with functional soil moisture sensing devices on each control valve is not required to have a rain sensing override device. (3183-2/93) (h) Soil Moisture Sensing Devices. Soil moisture sensing devices are required to be used in lawn areas for projects with a total of 5,000 square feet and greater of total landscaped area. A minimum of one (1 ) moisture sensing device shall be utilized per turf area. Soil moisture sensing devices shall be considered where appropriate for shrub areas . (3183-2/93) (i ) Flow Control Sensing Devices . Projects with 10,000 square feet or more of. landscaped area are required to have one (1 ) flow control valve per point of connection. (3183-2/93) (2) Reclaimed Water. The installation of reclaimed water irrigation systems (dual distribution systems) shall be required to allow for the current and future use of reclaimed water, unless a written exemption has been granted by the Public Works Water Division, 0 stating that reclaimed water. meeting all health standards is not available and will not be available in the foreseeable future.. (3183-2/93) 2/93 a 14.52.070(e)(2)--14.52.070(g)(1 ) Huntington Beach Municipal Code The reclaimed water irrigation system shall be designed and operated ' in accordance with all codes, and shall include but not be limited to the use of purple pipe and fittings for the total reclaimed water system. Refer to the "Rules and Regulations for the Use of Reclaimed Water" (available at the Water Department) for more information. (3183-2/93) For single family residential lots with reclaimed water, there shall be no. hose bibbs, loose key or otherwise, and . no quick couplers installed on the reclaimed system. (3183-2193) (f) Irrigation Schedules. Irrigation schedules satisfying the following conditions shall be submitted as part of the Landscape Documentation package. (3183-2/93) (1 ) An annual irrigation program with monthly irrigation schedules shall be required for the plan establishment period, for the established landscape, and for any temporarily irrigated areas: (3183-2/93) (2) The irrigation schedule shall : (3183-2/93)- (a) include run time (in minutes per cycle) , suggested number of cycles per day, and frequency of irrigation for each station, and; (3183-2/93) (b) indicate the amount of applied water (in hundred cubic feet, or gallons) recommended' on a monthly and annual basis. (3183-2/93) Q) The total amount- of water for the project shall include water designated in the estimated total water use calculation plus water needed for any water features, which . shall be considered as a high water using hydrozone. (3183-2/93) - (4) Recreational areas designated in the landscape design plan shall be highlighted and the irrigation schedule shall indicate if any additional water is needed above the maximum applied water allowance because of high plant factors (but not due to irrigation inefficiency) . (3183-2/93) (5) Irrigation scheduling shall incorporate the use of evapotranspiration data as available, such as those from the California Irrigation Management Information System (CIMIS) weather stations to apply the appropriate levels of water for different climates. (3183-2/93) (6) Landscape irrigation shall be primarily scheduled between 2:00 a.m. and 10:00 a.m. to avoid irrigating during times of high wind or high temperature. (3183-2/93) (g) Maintenance Schedules . A regular maintenance schedule satisfying the following conditions shall be submitted as part of the Landscape Documentation Package: (3183-2/93) (1 ) Landscapes shall be maintained to ensure water efficiency. A 0 regular maintenance schedule shall include but not be limited to checking, adjusting, and repairing irrigation equipment; resetting 2/93 Huntington Beach Municipal Code 14.52.070(g)(1 )--14.52.070(j)(1 )(b) the automatic controller; aerating•. and dethatching turf areas ; replenishing mulch; fertilizing; pruning, and weeding in all landscaped areas. (3183-2/93) (2) Whenever possible, repair of irrigation equipment shall be done with the originally specified materials or their equiva-tents. (3183-2/93) (h) Landscape Irrigation Audit Schedules. A schedule of landscape irrigation audits, for all projects with a landscaped area of 10,000 square feet and larger, satisfying the following conditions shall be submitted to the city as part of the Landscape Documentation Package. (3183-2/93) (1 ) Refer to (k) Certification. (3183-2/93) (2) At a minimum, audits shall be in accordance with the State of California Landscape Water Management Program as described in the Landscape Irrigation Auditor Handbook, the entire document, which is hereby incorporated by reference. (See Landscape Irrigation Auditor Handbook (June 1990) version 5.5 (formerly Master Auditor Training. ) (3183-2/93) (3) It is recommended that landscape irrigation audits be conducted by certified landscape irrigation auditors at least once every five years. (3183-2/93) (i ) Grading Design Plan. Grading design plans satisfying the following conditions shall be submitted as part of the Landscape Documentation Package. (3183-2/93) (1 ) A grading design plan shall be drawn on project base sheets. It may be separate from but use the same format as the landscape design plan. (3183-2/93) (2) The grading design plan shall indicate finished configurations and elevations of the landscaped area, including the height of graded slopes , drainage patterns, pad elevations, and finish grade. (3183-2/93) (j) Soils. (3183-2/93) (1 ) A soil analysis satisfying the following conditions shall be included as a part of the specifications that requires a soil test after the grading operation and the recommendations from said test be followed for the soil preparation. (3183-2/93) (a) Determination of soil texture, indicating the percentage of organic matter. (3183-2/93) (b) An approximate soil infiltration rate (either measured or derived from soil texture/infiltration rate tables) . A range of infiltration rates should be noted where appropriate. (3183-2/93) (c) A soil fertility and an agricultural suitability analysis shall be provided which includes but is not limited to a description analysis for half saturation percentage, ph, salinity, nitrate, 2/93 0 r 14.52.070(j)(1 )(c)--14.52.090 Huntington Beach Municipal Code nitrogen, ammonium nitrogen, phosphate phosphorus, potassium, calcium, magnesium, salinity boron and sodium absorption ratio. A descriptive narrative shall indicate procedures and provide soil recommendations for both general soil preparation; and backfill mixes, and continuing maintenance fertilizer applications. (318372/93) (2) A mulch of at least three (3) inches shall be applied to all planting areas except turf and living ground coverings. (3183-2/93) (k) Certification. Certification of Landscape planting and irrigation installations as described herein, shall be required for approval and acceptance. (3183-2/93) (1 ) Upon completing the installation of the landscaping and the irrigation system, on project landscape installations totaling 10,000 square feet or greater, an Irrigation audit shall be conducted by a certified landscape irrigation auditor prior to the final field inspection and *-acceptance. (See Landscape- Irrigation Auditor Handbook as referenced in this section, paragraph 8. ) (3183-2/93) (2) A licensed landscape architect and, if applicable, a certified/licensed-irrigation designer, shall conduct a. final field observation and shall provide a certificate of substantial completion of -the entire landscaped area (per city approved plans) to the city prior to- acceptance. The certificate. shall specifically indicate that plants were installed as specified, that the:. irrigation system was installed as designed, and that an irrigation audit (if p.roject size warrants- it) has been performed, along with a list of any observed deficiencies . (3183-2/93) (3) Certification shall be accomplished by completing the Certificate of Substantial Completion as depicted in Section 14.52..100(c) and del_iv.ering it to the City Public Works Department, Park, Tree and Landscape Division and to the Owner of Record. (3183-2/93) (1 ) Public Education. Signs shall be used to identify all model home complexes as an example of a water efficient landscape and featuring elements such as hydrozones, irrigation equipment and others which contribute to the overall water efficient theme. Information shall be provided about designing, installing, and maintaining water efficient _ landscapes. (3183-2/93) 14.52.080 Statutory authority in case of conflicting provisions. Nothing in this chapter shall be deemed to affect, annul or abrogate .any other laws or ordinances pertaining or applicable to the properties and areas affected by this chapter. (3183-2/93) 14.52.090 Effective precipitation. If effective precipitation is included in the calculation of the Estimated Total Water Use, the Effective Precipitation Disclosure Statement, as depicted in section 14.52. 100(b) shall be completed, signed, and submitted with the Landscape Documentation Package. No more than twenty-five (25) percent of the local annual mean precipitation (� shall be considered effective precipitation in the calculation of the J Estimated Total Water Use. (3183-2/93) 2/93 Huntington Beach Municipal Code 14.52. 100--14.52. 100 r� 14.52.100 Required forms. ( (a) LANDSCAPE WATER CONSERVATION CONCEPT STATEMENT Project: Planning Entitlement Number: Project Location: Tentative Tract Number: Landscape Architect/Irrigation Designer/Contractor: Included in this project submittal package are: (Check to indicate completion and circlle descriptive amount) _ 1 . Maximum Applied Water Allowance: gallons or cubic feet/year _ 2. Estimated Applied Water Use: gallons or cubic feet/year 2.(a) Estimated Amount of Water Expected from Effective Precipitation: gallons or cubic feet/year _ 3. Estimated Total Water Use: gallons or cubic feet/year Note: If the design assumes that a part of the Estimated Total Water Use will be provided by precipitation , the Effective Precipitation Disclosure Statement Exhibit "C" shall be completed and submitted. The Estimated Amount of Water Expected from Effective Precipitation shall not exceed twenty—five (25) percent of the local annual mean precipitation (average rainfall ) . _ 4. Landscape Design Plan _ 5. Irrigation Design Plan 6. Irrigation Schedules _ 7. Maintenance Schedule _ 8. Landscape Irrigation Audit Schedule 9. Grading Design Plan 10. Soil Analysis Description of Project (Briefly describe the planning and design actions that are intended to achieve conservation and efficiency in water use. ) Prepared by: Title: CA License No. : I t Date: 2/93 4 14.52. 100--14.52. 100 Huntington Beach Municipal Code (b) EFFECTIVE PRECIPITATION DISCLOSURE STATEMENT Project: Planning Entitlement Number: Project Location: Tentative Tract Number: I certify that I have informed the project owner and developer that this project depends on (gallons or cubic feet) of effective precipitation per year. This represents per of the local mean precipitation of inches per year. I have based my assumptions about the amount,of precipitation that is effective upon: I certify that I have informed .the project owner and developer that in times of drought, there may not be enough water available to keep the entire landscape alive. Licensed Landscape Architect/ License No. Date Irrigation Designer I certify that I ave been informed by the licensed or certified landscape professional that this project depends upon . (gallons, or cubic feet)_ of effective precipitation per year. This represents percent of the local mean precipitation of inches per year. I certify that I have been informed that in times of drought, there may not be enough water available to keep the entire landscape alive. Owner Developer Title Date: 2/93 0 Huntington Beach Municipal Code 14.52. 100--14.52. 100 (c) CERTIFICATE OF SUBSTANTIAL COMPLETION Page 1 of 2 Project Site: Planning Entitlement No. : Project Location: Tentative Tract No. : Total Project Landscaped Area in Square Feet: Preliminary project Documentation Submitted: (check indicating submittal ) 1 . Maximum Applied Water Allowance: gallons or cubic feet/year percent of the local annual mean precipitation _ 2. Estimated Applied Water Use: gallons or cubic feet/year 2. (a) Estimated Amount of Water Expected from Effective Precipitation: `gallons or cubic feet/year _ 3. Estimated Total Water Use: gallons or cubic feet/year Note: If the design assumes that a part of the Estimated Total Water Use will be provided by precipitation, the Effective Precipitation Disclosure Statement, Exhibit "A" , shall be completed and submitted. The Estimated Amount of Water Expected from Effective Precipitation shall not exceed twenty-five (25) percent of the local annual mean precipitation (average rainfall ) . _ 4. Landscape Design Plan 5. Irrigation Design Plan 6. Irrigation Schedules _ 7. Maintenance Schedule 8. Landscape Irrigation Audit Schedule 9. Grading Design Plan .10. Soil Analysis Post-Installation Inspection: (Check indicating substantial completion) _ A. Plants installed as specified B. Irrigation system installed as designed dual distribution system for recycled water minimal run off or overspray _ C. Landscape Irrigation Audit performed 2/93 n 14.52. 100--14.52. 100 Huntington Beach Municipal Code Page 2 of 2 , Certificate of Substantial Completion Project submittal package and a copy of this certification has been provided to owner/manager and local water agency. Comments: I/we certify that based upon periodic site observations, the work has been substantially completed in accordance with the Water Efficient Landscape Ordinance and that the landscape planting and irrigation installation substantially conform with the city approved plans and specifications. i Landscape Signature Date State License No. Architect I/we certify that based upon periodic site observations, t-he work has been substantially completed in accordance with the Water Efficient Landscape Ordinance and that the landscape irrigation installation substantially -conforms with the city approved plans and -specifications. Irrigation Design/ Signature Date State License No. Consultant I/we certify that I/we have received all of the contract documents and that it is our responsibility to see that the project is maintained in accordance with the contract documents and the City of Huntington Beach Arboricultural and Landscape Standards, Specifications and the Water 4 Efficient Landscape Ordinance. Owner/Developer Signature Date Title i 2/93 i r` CITY OF HUNTINGTON BEACH ORDINANCE CODE 'UPDATES Effective 3/3/93 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 930 Article 930 Article 960, Article 960 i ,2 > Laura A. Nelson, Deputy Records Division 374-1559 0171N Huntington Beach Ordinance Code 9300 Chapter 93 1._ SPECIAL DEVELOPMENTS Articles: 930 Specific Plans 936.5 Residential Condominium Conversion 937, North Huntington Center Specific Plan Article 930 SPECIFIC PLANS (2550-5/82, 2606-3/83, 2617-6/83, 2647A-11/83, 2647B-11 /83, 2647C-11/83, 2797-10/85, 2929-4/88, 2942-6/88, 2959-10/88, 2960-10/88, 2970-12/88, 2981-1/89, 2998-7/89, 3001-7/89, 3071-11 /90, 3128-5/92, 3143-7/92, 3170-10/92, 3177-12/92, 3180-3/93) (Not Codifiable) Waterfront Master Plan: 2962-11/88) Sections: 9300 Specific plans 9300 Specific plans. The following specific plans are on file in the office of the City Clerk and the Department of Community Development: (a) Seabridge Specific Plan. (2550-5/82, 2606-3/83, 2617-6/83, 2797-10/85) (b) Huntington Harbor Bay Club Specific Plan. (2606-3/83) (c) Downtown Specific Plan (c-1 ) Downtown Specific Plan Areas 1 , 7, and 8-A. (2647A-11 /83, 2942-6/88, 3071-11 /90) (c-2) Downtown Specific Plan Areas 2 and 6. (2647B-11 /83, 3071-11 /90) (c-3) Downtown Specific Plan Areas 3, 4, 5, 8-B, 9, 10 and 11 . (2647C-11 /83, 2960-10/88, 2981-1 /89, 3071-11 /90, 3180-3/93) (d) Seacliff Specific Plan (2959-10/88, 3143-7/92) (e) Ellis-Goldenwest Specific Plan. (2998-7/89) (f) Meadowlark Specific Plan. (2970-11 /88, 3001-7/89, 3081-12/90) (g) Holly-Seacliff Specific Plan. (3128-5/92, 3145-6/92, 3170-10/92) (h) Magnolia Pacific Specific Plan. (3177-12/92) 3/93 t Huntington Beach Ordinance Code Title 9600--Title 9605.3 Article 960 OFF-STREET PARKING. -LOADING, AND LANDSCAPING (1169-1 /66, 1239-9/66, 1261-11 /66, 1289-2/67, 1340-9/67, 1548-2/70, 1787-10/72, 1811=2/73, 1859-9/73, 1928-9/74, 1967-9/75, 2511-11 /81 , 2537-3/82, 2635-8/83, 2717-9/84, 2780-9/85, 2815-2/86,. 2828-5/86, 2947-8/88, 3054-11 /90, 311.1-7/91 , 3179-3/93). Sections: 9600 GENERAL PROVISIONS 9600. 1 Parking compliance 9600.2 Surplus parking 9600.3 Inoperable motor vehicle N 9600.4 Location 9600.5 Expansion of use with nonconforming parking 9601 DESIGN STANDARDS 9601 . 1 Public Works requirements 9601 .2 Circulation design 9601 .3 Illumination 9601 .4 Protection 9601 .5 Stall dimensions 9601 .6 Parking structures 9602 NUMBER OF SPACES REQUIRED 9602. 1 Handicapped parking 9602.2 Non-residential use 9602.3 Residential uses 9603 RESIDENTIAL REGULATIONS 9603. 1 Coastal parking 9603.2 Private garages and carports 9603.3 Turning radius 9603.4 Driveway width 9603.5 Access 9603.6 Open parking 9603.7 Guest parking 9603.8 Enclosed parking 9603.9 Planned residential developments 9603. 10 Distribution and assignment 9603. 11 Screening 9603. 12 Driveway air space 9603. 13 Storage space 9604 NON-RESIDENTIAL REGULATIONS 9604. 1 Designated parking 9604.2 Parking controls 9604.3 Parking location 9604.4 Driveway width 9604.5 Loading space 9604.6 Loading location 9604.7 Loading design 9604.8 Landscape buffer 9605 SEASONAL AND TEMPORARY LOTS 9605. 1 Parking lot standards 9605.2 Certificate to operate 9605.3 Failure to comply 3/93 a T r Title 9606--9600.4(b) Huntington Beach Ordinance Code 9606 PARKING REQUIREMENT ALTERNATIVES 9606. 1 Joint and mixed uses 9606.2 In lieu fees within the Downtown. Specific Plan area 9606.3 Special Permit 9607 SCREENING AND LANDSCAPING 9607. 1 General provisions 9607.2 Interior landscaping. 9607.3 Front and exterior side yards 9607.4 Planter walk areas 9607.5 Irrigation 9607.6 Curbing 9607.7 Landscaping requirement exception 9600 General provisions. Parking facilities, loading and on-site landscaping shall be provided for new construction and expansions of greater than fifty (50%) percent of the existing square footage in nonresidential projects in order to meet the parking demand of all activities on the parcel and improve the aesthetic quality of the project. The minimum parking requirements for each particular land use are included in this article. Parking spaces over and above the minimum number specified by this article may be required by the body responsible for reviewing the use itself based on the intensity of the use. Parking requirements for uses not specified shall also be determined by such body. ,, (3054-11 /90) 9600.1 Parking compliance. A certificate of occupancy for any new use, structure or premises shall not be issued until all of the required parking facilities and landscaping for the use have been completed in conformance with the requirements of this article. (3054-11/90) 9600.2 Surplus parking. Any off-street parking or loading facility which is permitted but not required, shall comply with all provisions of this article governing location, design, improvement and operation. (3054-11 /90) 9600.3 Inoperable motor vehicle. Any motor vehicle incapable of movement by its own power and/or not licensed to operate on California streets shall be stored either in an enclosed building or entirely screened from view. (3054-11 /90) 9600.4 Location. The parking facilities required by this article shall be on the same lot or parcel of land as the structure or use they are intended to serve except in the following cases: (3054-11 /90) (a) An adjacent lot may be used which is in the same person' s possession as the structure or use. Such possession may be by deed or long term lease, approved as to form by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. (3054-11 /90) (b) Required parking provided by means of a parking district or parking authority is not subject to any location requirements . (2828-5/86, 3054-11 /90) 3/93 Huntington Beach Ordinance Code 9600.5--9601 .2 9600.5 Expansion of use with nonconforming parking. (3054-11 /90) (a) A multi-family residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion comply with current standards contained in this article. (3054-11 /90) (b) A single, family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this article. (3054-11 /90) (c) A nonresidential use with nonconforming parking may be expanded less than fifty (50%) percent of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions greater than fifty (50%) percent of the existing square footage require the site to be in total compliance with the current parking standards contained in this article. (3054-11 /90) 9601 Design standards. The design and layout of parking areas shall comply with the following standards: (3054-11 /90) 9601 .1 Public works requirements. Drive locations on arterial highways shall be located in a manner to coordinate with future median openings and in accordance with Department of Public Works standards . The paved surface of driveways and drive entrances shall comply with Department of Public Works specifications . Parking facilities shall be prepared, graded, and paved to ensure that all surface waters will drain into a public street, alley, storm drain, or other drainage system approved by the Department of Public Works . Aisle ways without adjacent parking shall be a minimum twenty-four (24) feet in width. (3054-11 /90) 9601 .2 Circulation design. All off-street parking spaces shall have access to a public street or alley, and shall have internal circulation, safe entrances and exits , drives , and aisles in conformance with City standards . Every required parking space shall have unobstructed access form an aisle without moving another vehicle. All parking spaces , except residential garages and carports for single-family dwellings and duplexes , shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. (3054-11 /90) Commercial centers which have two hundred (200) parking spaces or more shall have at least one main entrance designed as depicted on Diagram B. (3054-11 /90) A minimum three (3) foot by three (3) foot wide maneuvering area shall be provided at the end of dead-end parking aisles less than 150 feet in length. A vehicle turnaround space shall be provided at the end of all dead-end parking aisles which exceed 150 feet in length (measured from the closest intersecting aisle with complete circulation) . The maneuvering area and turnaround space shall be designed as depicted in Diagram D. Other turnaround arrangements providing the same maneuverability are subject to approval by the Director of Community Development. (3054-11 /90) 3/93 4 1 r , 9601 .3--9601 .6(a) Huntington Beach Ordinance Code 9601 .3 Illumination. All parking area lighting shall be energy efficient and designed so as not to produce glare on adjacent residential properties . r" Security lighting shall be provided in areas accessible to the public during nighttime hours and such lighting shall be on a time-clock or photo-sensor system. (3054-11 /90) 9601 .4 Protection. Fences, walls or buildings adjacent to parking areas or drive aisles shall be protected from vehicle damage, subject to approval by the Director of Community Development. (3054-11 /90) 9601 .5 Stall dimensions. The minimum off-street parking stall dimensions (in feet) shall be as follows. Striping requirements are depicted in Diagram A. Directional signs and/or pavement markings shall be provided in any facility in which one-way traffic is establi"shed. (3054-11/90) Angle Stall Stall Aisle Width** of Parking Width* Depth 1 way 2 way 0 degrees 9 19 (with 8' 12 20 (Parallel ) striped maneuvering area between every 2 spaces) 30 degrees 9 19 14 20 45 degrees 9 19 15 20 60 degrees 9 19 20 20 90 degrees 9 19 26- 26 Residential 9 19 25 25 Non-residential 9 19 26 26 - Compact 8 17 subject to S. 9606.3 (3054-11 /.90) * NOTE: A parking space on a site with more than five (5) parking '-spaces and which is adjacent to a wall over twelve (12) inches in height shall be increased in width by three (3) feet. Posts/columns may be permitted along the side of each space only within three (3) feet of the head and foot of- each stall . .(3054-11/90) ** Minimum twenty-.four (24) feet when determined by Fire Department to be a fire lane. (3054-11 /90) 9601 .6 Parking Structures. Parking structures above or below grade shall be subject to approval of a conditional use permit by the Planning Commission when no other entitlement is required. In addition to design standards all parking structures shall comply -with base district standards as well as the following requirements : (3054-11 /90) (a) Transition ramps which are also used as back-up space for parking stalls shall have a maximum slope of five (5) percent. The maximum slope for transition ramps with no adjacent parking spaces shall be ten (10) percent. (3054-11 /90) ° 3/93 i Huntington Beach Ordinance Code 9601 .6(a)--9602. 1 A ramp used for ingress and egress to a public street shall have a transition section at least sixteen (16) feet long and a maximum slope of five (5) percent. (3054-11/90) (b) Parking structures with over three hundred (300) spaces shall provide secondary circulation ramps and additional ingress and 'egress if deemed necessary by a traffic study prepared by a registered traffic engineer. (3054-11 /90) (c) Parking structures shall be provided with a minimum ten (10) foot wide perimeter landscape planter at ground level . Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings. The Design Review Board shall approve the landscaping plan. (3054-11 /,90) (d) All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design Review Board prior to hearing. The Design Review Board shall consider the following factors in reviewing a proposal : bulk, scale, proportion, building materials, colors, signage, architectural features , and landscaping. (3054-11 /90) (e) All parking structures proposed for conversion to a fee parking arrangement shall be subject to the approval of a conditional use permit. (3054-11/90) 9602 Number of spaces required. For the purpose of this section, the square footage indicated shall mean the gross floor area of the use unless otherwise indicated. When calculations include any fraction, one (1 ) full parking space shall be required for such fractional space. (3054-11 /90) 9602.1 Handicapped parking. As required by the State of California, handicapped parking shall be provided for all non-residential projects on the basis of total parking provided on-site as follows: (3054-11 /90) No. of Spaces No: of Handicapped Spaces 1 - 40 1 40 - 80 2 81 - 120 3 121 - 160 4 161 - 300 5 301 - 400 6 401 - 500 7 over 500 1 for each additional 200 spaces provided. (3054-11 /90) / 3 93 i y r r e o , 9602.2--9602.2 Huntington Beach Ordinance Code 9602.2 Non-residential use. (3054-11/90) Use Parking spaces required A. Auto and machinery service garages 1/200 square feet, but no less than 5 per business Auto, boat, trailer sales and 1/1000 square feet of indoor/ rental agencies; other outdoor outdoor sales and/or display commercial uses including retail lot area accessible for public nurseries viewing, but no less than 10; plus 1/300 sq. ft. office area; 1/200 sq. ft. auto service area B. Bed and breakfast 1 per guest room and 1 owner/manager plus 1 visitor Boat marina .75 per boat slip C. Car wash (1 ) Full-service 10 (2) Self-service 1 .5 per wash stall (3) With fuel sales 12 Churches, theaters, clubs, lodges, 1 per 35 square feet of public social halls, auditoriums, funeral assembly area, or 1 per 3 fixed homes and mortuaries seats (18 inches shall be 1 seat) whichever is greater F. Food and beverage establishment/ nightclubs with more than twelve (12) seats: (1 ) Separate parcel 1 /60 square feet (2) Within integrated complex 1 /100 square feet (3) Ancillary dance floors 1 /50 square feet of area devoted to dancing Furniture and appliance stores 1/500 square feet, excluding areas used for storage or loading but no less than 5 H. Hair/nail salons (1 ) Separate parcel 2.5 per chair or station (2) Within integrated complex 1 /200 square feet Hospitals 1 .5 per bed Hotels and motels 1 per unit or bedroom, whichever is more restrictive, plus 1 employee space per 10 guest rooms , plus 2 spaces for any manager' s unit, plus spaces required for ancillary uses 3/93 Huntington Beach Ordinance Code 9602.2--9602.2 (continued) 9602.2 Non—residential use. (3054-11 /90) (continued) Use Parking spaces required I . Industrial uses (1 ) Speculative buildings 1 /500 square feet (maximum 10% office area) (2) Manufacturing, research 1/500 square feet assembly, packaging (3) Wholesaling, warehousing and 1 /1000 square feet distributing space (4) Outside uses: Storage, wrecking/ 1/5000 square feet, but no salvage and lumber yards less than 5 (5) Offices 1/250 square feet ancillary to industrial uses if square feet exceeds 10 percent of gross floor area. (6) Mini—storage facilities Single story 1 /5000 square feet (� Multistory 1 /2000 square feet Plus 2 spaces for any caretaker' s unit M. Medical /dental (includes out patient 1/175 square feet medical /surgery centers) 0. Office uses , general (1 ) Less than 250,000 square feet 1 /250 square feet (2) Greater than 250,000 square feet 1 /300 square feet R. Retail uses not otherwise specified, 1 /200 square feet including department stores, arcades, gymnasiums and health spas , financial institutions , food and beverage establishments with 12 seats or less S. Schools (1 ) Preschools , nursery, day care 1 per staff member, plus 1 per classroom (2) Elementary, junior high 1 .5 per classroom (3) High school /college 7 per classroom (4) Trade schools, music 1 /35 square feet of instruction conservatories, personal area enrichment services 3/93 f f r 9602.2--9602.3 Huntington Beach Ordinance Code 9602.2 Non-residential use. (3054-11/90) (continued) Use Parking spaces required Service stations (1 ) Full serve/repair garage 1/500 square feet, but no less than 5 (2) Self serve 2 per use (3) With convenience markets 1/200 square feet of retail space but no less than 8 (4) With car wash 12 Single room occupancy/ One half (0.5) space per unit if Living units project is within two thousand (2,000) feet of a public bus stop. One 0 .0) space per unit if project is not within two thousand (2,000) feet of a public bus stop. One 0 .0) space for each resident staff member. One-half (0.5) space for all remaining personnel . Stables 1 per 3 corrals plus 1 horse trailer space for each 10 corrals plus 2 for caretaker' s unit T. Tennis/racquetball courts, 3 per court or alley lane bowling alleys (3054-11/90, 3111-7/91 ) 9602.3 Residential uses. (3054-11 /90, 3179-3/93) Use Parking Spaces Required (1 ) Single-unit dwellings New construction 0-4 bedrooms 2 enclosed and 2 open 5+ bedrooms 3 enclosed and 3 open (open spaces may be behind any required spaces . ) Existing 0-4 bedrooms 2 enclosed and 2 open 5+ bedrooms 2 enclosed and 3 open (open spaces may be behind any required spaces and/or on street adjacent to the property so long as the on street parking is not reserved in any way for residents and/or guests but is available to the general public on a first-come, first-served basis. ) 3/93 Huntington Beach Ordinance Code 9602.3(continued)--9603.1 9602.3 Residential uses. (3054-11 /90) (Continued) Use Parking Spaces Required In the Oldtown and Townlot 2 spaces for dwelling units with Districts up to 3 bedrooms , and 1 space for each additional bedroom 2 spaces per unit must be enclosed in a garage, and remainder may be open, unenclosed and designed to be behind the garage space ,One (1 ) additional space per dwelling when no on-street parking is allowed; may be behind required spaces. No on-street parking shall be reserved in any way for residents and/or guests but shall be available to the general public on a first-come, first-serve basis. (3179-3/93) (2) Multi-family bachelor/one bedroom 1 space two bedrooms 2 spaces three + bedrooms 2.5 spaces guest .5 space per unit 1 space per unit must be enclosed (3) Senior studio/one bedroom 1 space 2 bedrooms 1 .5 spaces (2828-5/86) 1 space per unit must be covered (4) Mobilehome 2 spaces 1 shall be covered, the other may be behind the first guest 1 per 3 mobilehomes (5) Rooming house 1 space per guest room plus 1 space per owner/manager plus 1 space per each 10 guest rooms (3054-11 /90) 9603 Residential parking. Residential parking shall comply with the following requirements as well as any additional provisions contained in the regulations of the individual district. (3054-11 /90) 9603.1 Coastal parking. Each dwelling unit located in the Coastal Zone shall have a minimum of two (2) on-site parking spaces . If the total coastal parking requirements exceeds the total minimum parking as required by this Article, the additional required parking spaces may be in tandem with enclosed spaces provided the tandem space is assigned to an enclosed space and complies with the required turning radius. (3054-11 /90) 3/93 r r P e r 9603.2--9603. 10 Huntington Beach Ordinance Code 9603.2 Private garages and carports. All required private garages and carports, permitted as accessory structures under applicable provisions of this code, shall be constructed at the same time as the main building. (3054-11 /90) 9603.3 Turning radius. The minimum turning radius for any garage, carport or open parking space, entered directly from an alley or drive, shall be twenty-five (25) feet as measured `to the opposite side of the alley or drive. (3054-11 /90) 9603.4 Driveway width. All private driveways or driveway easements shall meet the following minimum driveway width requirements: (3054-11 /90) Length of Drive Requirement 150 feet or less Ten (10) feet clear width for single family dwellings Twenty (20) feet clear width for multi-family dwellings Greater than 150 feet Twenty (20) feet clear width Exception: when designated as fire lane, all Fire Department requirements shall apply. (3054-11 /90) 9603.5 Access. When a lot abuts an arterial highway and a local street, access to on-site parking shall be from the local street. When a lot abuts an alley, access shall be from the alley unless a different access is approved by J the Planning Commission. When a lot abuts two (2) arterial highways or two (2) local streets, access shall be subject to the approval of the Director of Public Works. (3054-11/90) 9603.6 Open parking. No open parking spaces shall be permitted in any required setback adjacent to a public street except as provided in Article 911 . (3054-11 /90) 9603.7 Guest parking. All guest parking shall be fully accessible and designated as such. (3054-11 /90) 9603.8 Enclosed parking. Any parking space in the front 50 feet of a lot that has ingress or egress directly from a street shall be in a fully enclosed building equipped with a door to provide for its complete enclosure. (3054-11 /90) 9603.9 Planned residential developments. In a planned residential development where a garage is constructed a minimum of twenty (20) feet from the curb, the driveway in front of the garage may be used to satisfy one of the required uncovered spaces. No more than fifty (50%) percent of driveway spaces may be credited toward this requirement. (3054-11 /90) 9603.10 Distribution and assignment. Required parking spaces shall be distributed throughout a planned residential development at convenient locations to serve both residents and guests . Each dwelling unit shall have assigned covered parking within a walking distance of two hundred (200) feet. (3054-11 /90) 3/93 Y 1 Y > l Huntington Beach Ordinance Code 9603. 11--9605 9603.11 Screening. All required parking spaces or areas , open or enclosed, shall be screened on a horizontal plane. (3054-11 /90) 9603.12 Driveway air space. The air space above all driveways which exceed 150 feet in length shall remain open to the sky, except that eaves or roof overhangs with a maximum four (4) foot projection may be permitted above a height of fourteen (14) feet. (3054-11 /90) 9603.13 Storage space. When a required residential covered space is located in carport or parking structure, 100 cubic feet of enclosed storage space shall be provided in the space. (3054-11 /90) 9604 Nonresidential parking and loading. Nonresidential parking and loading shall comply with the following requirements as well as any additional provisions contained in the individual district. (3054-11 /90) 9604.1 Designated parking. Parking spaces within an integrated non-residential complex shall not be designated for exclusive use of any individual tenant except as authorized by a parking management plan approved by the Director of Community Development. (3054-11 /90) 9604.2 Parking controls. Parking controls , such as gates or booths , and/or collection of fees may be permitted when authorized by a conditional use permit approved by the Planning Commission. (3054-11 /90) 9604.3 Parking location. Any yard area not facing a street may be used solely for automobile parking provided such use is not in conflict with other code specifications . (3054-11/90) 9604.4 Driveway width. The minimum width for driveways providing access to the rear of a structure shall be twenty-five (25) feet. (3054-11 /90) 9604.5 Loading space. One loading space (minimum fourteen (14) feet in width, twenty (20) feet in length, and fourteen (14) feet in height) for each 20,000 square feet or fraction thereof, of gross floor area; however, not more than three (3) such spaces shall be required for buildings exceeding 60,000 square feet. (3054-11/09) 9604.6 Loading location. Truck or rail loading, dock facilities, and the doors for such facilities shall not face or be located within forty-five (45) feet of property zoned or general planned residential . (3054-11 /90) 9604.7 Loading design. Any loading facility shall be designed and located so that vehicles need not extend onto the public sidewalks , streets or alleys , during loading activities . (3054-11 /90) 9604.8 Landscape buffer. Where the side or rear yard of a parcel is used for loading activities and abuts property zoned or general planned for residential uses , a landscaped buffer along the property line shall be provided. A Landscaping Plan shall be subject to review and approval by the Director of Community Development. (3054-11 /90) 9605 Seasonal and temporary parking lots. Seasonal and temporary parking lots may be permitted subject to the approval of a Use permit by the Zoning Administrator and in compliance with the following: (3054-11 /90) 3/93 9605(a)--9605. 1 (f) Huntington Beach Ordinance Code (a) Seasonal parking lots may operate only from Memorial Day through the third weekend in September and must be located within one thousand (1 ,000) yards of the mean high tide line of the Pacific Ocean. (3054-11 /90) (b) Temporary and seasonal commercial parking lots may be permitted for a maximum of five (5) years. (3054-11 /90) 9605.1 Parking lot standards. The design and layout of seasonal and temporary parking lots shall comply with this article, Fire Department requirements, and the following standards: (3054-11/90) (a) Paving shall be two (2) inches of asphalt over compacted native soil , or as approved by the Department of Community Development; except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehicles and to provide dust control as required by the Zoning Administrator. (3054-11 /90) (b) Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of three (3) feet in height, solidly built. At a minimum, posts shall consist of 4" x 4" wood or equivalent metal posts a minimum of one and one-half inches in diameter securely set in the ground and placed eight (8) feet on center. The posts shall be connected with at least one (1 ) strand of one-half (1 /2) inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. Seasonal lots shall be secured to prevent overnight parking between the closing hour on one (1 ) business day and the opening hour the following business day. (3054-11 /90) (c) Temporary parking lots shall have landscaped planters with an inside dimension of three (3) feet along street side property lines excluding driveways. Landscaping shall be protected from vehicle and pedestrian damage by wheel bumpers (asphalt, concrete, or wood) , or asphalt or concrete curbs , or any other design that will provide adequate protection, approved by Zoning Administrator. All landscaped areas shall be equipped with an underground, electrically automated sprinkler systems. All required landscaping shall be approved by the Department of Public Works pursuant to standard plans and specifications. (3054-11 /90) Seasonal parking lots are exempt from landscaping requirements . (3054-11 /90) (d) Directional and informational signs shall be displayed on-site to identify the entrance(s) , fees , and hours of operation. Such signs shall be located at the entrance entering the parking lot and shall not exceed twelve (12) square feet and shall be six (6) feet high. Signs for seasonal parking lots shall be removed from the site each season no later than the third weekend in September. (3054-11 /90) (e) Automatic entry devices or fee collection points shall be set back a minimum of twenty (20) feet from the public right-of-way, or at a distance recommended by the Department of Public Works and approved by the Zoning Administrator. (3054-11 /90) (f) An attendant shall be on duty at all times during business hours of seasonal parking lots. (3054-11 /90) 3/93 Huntington Beach Ordinance Code 9605. 1 (g)--9606.2 (g) An approved fire extinguisher shall be provided on the premises during business hours. (3054-11/90) (h) The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site to accommodate and store all trash that accumulates on the lot. (3054-11 /90) (i ) For seasonal parking lots, a certificate of insurance for combined single limit bodily injury and/or property damage including products liability in the amount of $1 ,000,000 per occurrence shall be, filed with the Department of Administrative Services. A hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services. (3054-11/90) ;A 9605.2 Certificate to operate. Subsequent to approval of an application for any seasonal or temporary parking lot by the Zoning Administrator, the applicant shall meet all standards , requirements, and install all improvements. The parking lot shall be then inspected and approved by the Department of Community Development prior to issuance of a Certificate to Operate. (3054-11 /90) 9605.3 Failure to comply. The Zoning Administrator may revoke a Use Permit when the applicant fails to .comply substantially with any of the conditions of approval or applicable provisions of the City codes. (3054-11 /90) 9606 Parking requirement alternatives. (3054-11 /90) 9606.1 Joint and mixed uses. In the event that two (2) or more uses occupy the same building, lot or parcel of land, the total requirement for off-street parking shall be the sum of each individual use computed separately except as provided in this section. (3054-11 /90) The Planning Commission may grant a reduction in the total number of required spaces as part of the entitlement for the use or uses , or by conditional use permit when no other entitlement is required, when the applicant can demonstrate that the various uses have divergent needs in terms of daytime versus nighttime hours or weekday versus weekend hours . Such joint use approvals shall be subject to the following: (3054-11 /90) (a) The maximum distance between the building or use and the nearest point of the parking spaces/facility shall be 250 feet. (3054-11 /90) (b) There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel . (c) Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first. (3054-11 /90) 9606.2 In lieu fees within the Downtown Specific Plan Area. Parking requirements for nonconforming uses or structures , new uses , or expansions may be met by payment of an "in lieu" fee for providing parking in a parking facility. Said fee may be paid in two (2) installments . The first 3/93 9606.2--9607 Huntington Beach Ordinance Code installment in an amount established by City Council Resolution for each parking space shall be paid prior to the issuance of building permits or of a certificate of occupancy, whichever comes first. The second installment in an amount established by City Council Resolution for each parking space shall be paid at the time City and/or a Parking Authority or District constructs aparking structure in the Downtown Area. A surety bond in a sum equal to the second installment shall be filed with the City at the time the first installment is paid. (3054-11/90) 9606.3 Special permit. A Special Permit subject to approval by the Planning Commission or Zoning Administrator through the entitlement process may be granted to deviate from any of the design standards for parking structures. A special permit may be granted to use compact parking to satisfy a portion of the required parking. Compact spaces shall be distributed throughout the parking area and have the same aisle width as full size spaces. Compact spaces shall be marked compact on the foot of the stall . The number permitted shall be subject to the following standards: (3054-11/90) (a) Non-residential developments with a minimum of twenty (20) spaces shall be permitted to have twenty (20%) percent of the total spaces as compact parking. (3054-11 /90) (b) Residential developments_with a minimum of fifty (50) units may have twenty (20%) percent of the non-guest parking spaces as compact provided that an equitable system of assignment and distribution has been established. (3054-11 /90) The following findings shall be made where applicable when granting a special permit: (3054-11/90) (a) A traffic study prepared by a registered traffic engineer has been submitted which document the impacts of the request. (3054-11 /90) (b) The special permit will not adversely affect the circulation and safety of the use, structure or site, or adjacent land uses. (3054-11 /90) (c) The special permit will result in a more effective and efficient circulation pattern and parking layout. (3054-11 /90) (d) The special permit will enhance the general appearance of the development and its surroundings. (3054-11 /90) (e) The special permit will not be detrimental to the general public health, safety, welfare, or convenience, nor injurious to property values in the vicinity. (3054-11 /90) 9607 Screening and landscaping. The provisions of this section shall apply to all projects unless exempt by approval of the Director or specified elsewhere in the Ordinance Code. All landscaping plans and irrigation plans shall be prepared by a California State Licensed Landscape Architect except plans for residential projects with four (4) units or less may be prepared by the developer or a California Licensed Landscape Contractor and shall be subject to the approval of the Departments of Community Development and Public Works. Planting shall be harmonious with the architectural design and site 3/93 Huntington Beach Ordinance Code 9607--9607.5 location. All landscaping shall be maintained in a neat, clean, and healthy condition. Maintenance shall include proper pruning, mowing, disease and rodent control , weeding, litter removal , fertilizing, watering, and plant replacement as necessary. Water conservation measures and drought-tolerant plant material should be included in all landscape and irrigation plans whenever possible. (3054-11 /90) 9607.1 General provisions. A minimum of eight (8q) percent of the total net site area shall be landscaped. For traffic visibility purposes , the maximum height of shrubbery shall be thirty-two (32) inches within any parking area. Turf shall not be installed on grade differential greater than 3: 1 . Trees planted within planters less than ten (10) feet in width or within five (5) feet from a structure or pavement shall be provided with a twenty-four (24) inch deep plastic minimum .060 inch thick polystyrene or polyethylene root barrier manufactured specifically for that purpose. (3054-11 /90) 9607.2 Interior landscaping. One (1 ) minimum twenty-four (24) inch box tree for every ten (10) parking spaces shall be located throughout the parking area. (3054-11 /90) 9607.3 Front and exterior side yards. A ten (10) foot wide landscaped berm (inside dimension) shall be provided along any streetside property line except at driveway openings . Berming shall be a minimum of twenty (20) inches in height (Diagram C) . Where grade differential would not permit mounding, alternatives shown in Diagram G may be used. Any planter or screen walls shall be placed behind the landscape area and shall set back five (5) feet from the edge of any alley or driveway. (3054-11 /90) One (1 ) minimum thirty-six (36) inch box tree shall be provided for every forty-five (45) linear feet (or fraction thereof) of streetside property line; placement may be clustered. Seventy-five (75%) percent of all shrubs , except those used for ground cover, shall be a minimum five (5) gallon size. Ground cover areas shall be planted with well-rooted cuttings or container stock. Turf areas shall be planted with field-grown established drought-tolerant sod. (3054-11 /90) Specimen palm tree may be substituted at a ration of one-half (1 /2) foot brown trunk height for one (1 ) inch of box tree inch required. (3054-11 /90) 9607.4 Planter walk areas. Planter areas adjacent to parking spaces shall be provided with a twelve (12) inch wide by four (4) inch thick "step off" area back of curb for the entire length of planter (Diagram E) or provide four (4) feet square of five (5) feet diameter circular planter surrounded by textured and/or colored concrete (Diagram F) . (3054-11 /90) 9607.5 Irrigation. All landscape areas shall be provided with a permanent underground, electrically automated irrigation systems , designed to provide complete and adequate coverage to sustain and promote healthy plant life. The irrigation system shall not cause water to spray onto or cause water, mud or debris to flow across a public sidewalk. A drip irrigation system shall be used where feasible. Pop-up sprinkler heads shall be required directly adjacent to all pedestrian or vehicular surfaces and located in areas that avoid vehicle overhang. (3054-11 /90) 3/93 , 9607.6--9607.7 Huntington Beach Ordinance Code 9607.6 Curbing. All landscaping shall be protected from vehicular and pedestrian damage by a six (6) inch high, four (4) inch wide curb of portland cement concrete. Additional protection shall be provided by one (1 ) of the following methods: (3054-11/90) (a) An additional two and one-half (2.5) feet of landscaping consisting of low shrubs or ground cover may be provided between a parking stall and the required landscape area. The additional landscaping shall not count toward the required percentage of landscaping. This method will allow vehicles to extend over the additional landscape area in conjunction with permitting a reduction in the required length of the parking space from nineteen (19) feet to sixteen and one-half (16.5) feet. (3054-11/90) (b) Other alternatives acceptable to the Director. (3054-11 /90) 9607.7 Landscaping requirement exception. Existing developments approved prior to June 7, 1983, shall , at the time of expansion and/or exterior modification, provide six (6%) per cent of the total net site area in landscaping with a minimum six (6) foot wide landscape planter (inside dimension) along any streetside property line. (Diagram C) . (3054-11 /90) Existing developments located adjacent to a landscape and scenic corridor as depicted in the general plan, shall at the time of expansion and/or exterior modification provide a ten (10) foot wide planter with six (6%) percent of the site landscaped. When the existing use includes outdoor sales or display and requires an additional three (3) foot wide landscape planter pursuant to this code, no exception shall be granted in the required six (6%) percent or ten (10) foot wide (plus three (3) feet) landscape planter. (2828-8/86, 3054-11/90) (Diagrams A. B. C. D. E. F. G) (3054-11/90) 3/93 30 ° , 45 ° & 600 PARALLEL PARKING PARKING C ''1, 19' 19, — r 24" EXTERIOR DIMENSION 4 18" INTERIOR DIMENSION r7 I ' i I I 900 PARKING - I 24" EXTERIOR DIMENSION I , 3" STRIP 18" INTERIOR DIMENSION 24' 24' I I � I i I 9' 4' 19' DIAGRAM B Commercial Center Main Entrance For Parking Lots with Over 200 Spaces (Public Works Standard DIAGRAM A Striping Requirements Driveway Plan No.21 1 A & B) PROPERTY MIN. LANDSCAPEAREA 10' INSIDE CURB LINE FACE CURB 20" MIN. HT. SIDEWALK GRADE BUMPER oe PARKING LOT GRADE REQUIRED DIAGRAM C Required Landscape Planter and Berming PROPERTY LANDSCAPE AREA 6' MIN INSIDE WALL LINE FACE 32" MIN. HT. ,,.-20" MIN. HT. BUMPER SIDEWALK GRADE I PARKING LOT GRADE t APPROVED MASONRY WALL EXCEPTION FOR EXISTING DEVELOPMENTS 3054 • � T SEE DIAGRAM 'A' FOR STRIPING DIMENSIONS. I I �-- 2.5' I WHEEL STOP I 1'3 1 �•t-19' I 26' turn- aroun 3' space maneuvering--� area 12" step off area 12"step off area DIAGRAM D 12"step off area DIAGRAM E 000000000 5 ft. d i a. 00 0 0 0 0 00000 0000 4 ft. s 0000 Q 000( 000 000 00000 0 00 0 00 0 0 00 0 00 00000 0000 0000 �. 000 00 00 DIAGRAM F 3054 shrub height 32"max. sidewalk ground cover/ E �� 2' - 6" overhang allowance turf ground cover curb parking shrub height 32"max. 2' - 6" overhang allowance ground cover curb parking ground cover/turf sidewalk NOTE. Turf shall not be installed on slopes steeper than 3:1 DIAGRAM G 3054 _ Y . Huntington Beach Ordinance Code 9300 Chapter 93 SPECIAL DEVELOPMENTS Articles: 930 Specific Plans 936.5 Residential Condominium Conversion 937 North Huntington Center Specific Plan Article 930 SPECIFIC PLANS (2550-5/82, 2606-3/83, 2617-6/83, 2647A-11 /83, 2647B-11 /83, 2647C-11 /83, 2797-10/85, 2929-4/88, 2942-6/88, 2959-10/88, 2960-10/88, 2970-12/88, 2981-1 /89, 2998-7/89, 3001-7/89, 3071-11/90, 3128-5/92, 3143-7/92, 3170-10/92, 3177-12/92) (Not Codifiable) Waterfront Master Plan: 2962-11 /88) Sections: 9300 Specific plans 9300 Specific plans. The following specific plans are on file in the office of the City Clerk and the Department of Community Development: (a) Seabridge Specific Plan. (2550-5/82, 2606-3/83, 2617-6/83, 2797-10/85) (b) Huntington Harbor Bay Club Specific Plan. (2606-3/83) (c) Downtown Specific Plan (c-1 ) Downtown Specific Plan Areas 1 , 7, and 8-A. (2647A-11 /83, 2942-6/88, 3071-11 /90) (c-2) Downtown Specific Plan Areas 2 and 6. (2647B-11 /83, 3071-11 /90) (c-3) Downtown Specific Plan Areas 3, 4, 5, 8-B, 9, 10 and 11 . (2647C-11/83, 2960-10/88, 2981-1 /89, 3071-11 /90) (d) Seacliff Specific Plan (2959-10/88, 3143-7/92) (e) Ellis-Goldenwest Specific Plan. (2998-7/89) (f) Meadowlark Specific Plan. (2970-11 /88, 3001-7/89, 3081-12/90) (g) Holly-Seacliff Specific Plan. (3128-5/92, 3145-6/92, 3170-10/92) (h) Magnolia Pacific Specific Plan. (3177-12/92) 12/92 Title 9600--Title 9605.3 Article 960 OFF—STREET PARKING LOADING AND LANDSCAPING (1169-1 /66, 1239-9/66, 1261-11 /66, 1289-2/67, 1340-9/67, 1548-2/70, 1787-10/72, 1811-2/73, 1859-9/73, 1928-9/74, 1967-9/75, 2511-11 /81 , 2537-3/82, 2635-8/83, 2717-9/84, 2780-9/85, 2815-2/86, 2828-5/86, 2947-8/88, 3054-11 /90, 3111-7/91 ) Sections: 9600 GENERAL PROVISIONS 9600. 1 Parking compliance 9600.2 Surplus parking j 9600.3 Inoperable motor vehicle j 9600.4 Location 9600. 5 Expansion of use with nonconforming parking 9601. DESIGN STANDARDS 9601 . 1 Public Works requirements 9601 .2 Circulation design 9601 .3 Illumination 9601 .4 Protection 9601 .5 Stall dimensions 9601 .6 Parking structures 9602 NUMBER OF SPACES REQUIRED 9602. 1 Handicapped parking 9602.2 Non=residential use t 9602.3 R-esi'dential uses 9603 RESIDENTIAL REGULATIONS 9603. 1 Coastal parking 9603.2 Private garages and carports 9603.3 Turning radius 9603.4 Driveway width 9603.5 Access 9603.6 Open parking 9603.7 Guest parking 9603.8 Enclosed parking 9603.9 Planned residential developments 9603.10 Distribution and assignment 9603. 11 Screening 9603. 12 Driveway air space 9603. 13 Storage space 9604 NON—RESIDENTIAL REGULATIONS 9604.1 Designated parking 9604.2 Parking controls 9604.3 Parking location 9604.4 Driveway width 9604.5 Loading space 9604.6 Loading location 9604.7 Loading design 9604.8 Landscape buffer 9605 SEASONAL AND TEMPORARY LOTS 9605.1 Parking lot standards 9605.2 Certificate to operate 9605.3 Failure to comply 7/91 Title 9606--9600.4(b) 9606 PARKING REQUIREMENT ALTERNATIVES 9606. 1 Joint and mixed uses 9606.2 In lieu fees within the Downtown Specific Plan area 9606.3 Special Permit 9607 SCREENING AND LANDSCAPING 9607. 1 General provisions 9607.2 Interior landscaping 9607.3 Front and exterior side yards 9607 .4 Planter walk areas 9607.5 Irrigation 9607.6 Curbing 9607 .7 Landscaping requirement exception 9600 General provisions. Parking facilities , loading and on-site landscaping shall be provided for new construction and expansions of greater than fifty (50%) percent of the existing square footage in nonresidential projects in order to meet the parking demand of all activities on the parcel and improve the aesthetic quality of the project. The minimum parking requirements for each particular land use are included in this article. Parking spaces over and above the minimum number specified by this article may be required by the body responsible for reviewing the use itself based on the intensity of the use. Parki-ng requirements for uses not specified shall also be determined by such body. (3054-11 /90) 9600.1 Parking compliance. A certificate of occupancy for any new use, structure or premises shall not be issued until all , of the required parking facilities and landscaping for the use have been completed in conformance with the requirements of this article. (3054-11 /90) 9600.2 Surplus parking. Any off-street parking or loading facility which is permitted but not required, shall comply with all provisions of this article governing location, design, improvement and operation. (3054-11 /90) 9600.3 Inoperable motor vehicle. Any motor vehicle incapable of movement by its own power and/or not licensed to operate on California streets shall be stored either in an enclosed building or entirely screened from view. (3054-11/90) 9600.4 Location. The parking facilities required by this article shall be on the same lot or parcel of land as the structure or use they are intended to serve except in the following cases: (3054-11/90) (a) An adjacent lot may be used which is in the same person' s possession as the structure or use. Such possession may be by deed or long term lease, approved as to form by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. (3054-11/90) (b) Required parking provided by means of a parking district or parking authority is not subject to any location requirements. (2828-5/86, 3054-11 /90) 7/91 9600.5--9601 .2 s� 9600.5 Expansion of use with nonconforming g parking. (3054-11 /90) (a) A multi-family residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion comply with current standards contained in this article. (3054-11 /90) (b) A single family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this article. (3054-11 /90) (c) A nonresidential use with nonconforming parking may be expanded less than fifty (50%) percent of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions greater than fifty (50%) percent of the existing square footage require the site to be in total compliance with the current parking standards contained in this article. (3054-11 /90) 9601 Design standards. The design and layout of parking areas shall comply with the following standards: (3054-11 /90) 9601 .1 Public works requirements. Drive locations on arterial highways shall be located in a manner to coordinate with future median openings and in accordance with Department of Public Works standards. The paved surface of driveways and drive entrances shall comply with Department of Public Works specifications. Parking facilities shall be prepared, graded, and paved to ensure that all surface waters will drain into a public street, alley, storm drain, or other drainage system approved by the Department of Public Works . Aisle ways without adjacent parking shall be a minimum twenty-four (24) feet in width. (3054-11 /90) 9601 .2 Circulation design. All off-street parking spaces shall have access to a public street or alley, and shall have internal circulation, safe entrances and exits, drives, and aisles in conformance with City standards. Every required parking space shall have unobstructed access form an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. (3054-11 /90) Commercial centers which have two hundred (200) parking spaces or more shall have at least one main entrance designed as depicted on Diagram B. (3054-11 /90) A minimum three (3) foot by three (3) foot wide maneuvering area shall be provided at the end of dead-end parking aisles less than 150 feet in length. A vehicle turnaround space shall be provided at the end of all dead-end parking aisles which exceed 150 feet in length (measured from the closest intersecting aisle with complete circulation) . The maneuvering area and turnaround space shall be designed as depicted in Diagram D. Other turnaround arrangements providing the same maneuverability are subject to approval by the Director of Community Development. (3054-11 /90) 7/91 9601 .3--9601 .6(a) 9601 .3 Illumination. All parking area lighting shall be energy efficient and designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours and such lighting shall be on a time-clock or photo-sensor system. (3054-11 /90) 9601 .4 Protection. Fences , walls or buildings adjacent to parking areas or drive aisles shall be protected from vehicle damage, subject to approval by the Director of Community Development. (3054-11/90) 9601 .5 Stall dimensions. The minimum off-street parking stall dimensions (in feet) shall be as follows. Striping requirements are depicted in Diagram A. Directional signs and/or pavement markings shall be provided in any facility in which one-way traffic is established. (3054-11 /90) Angle Stall Stall Aisle Width** of Parking Width* Depth 1 way 2 way 0 degrees 9 19 (with 8' 12 20 (Parallel ) - striped maneuvering area between every 2 spaces) 30 degrees 9 19 14 20 45 degrees 9 19 15 20 60 degrees 9 19 20 20 90 degrees 9 19 26 26 Residential 9 19 25 25 Non-residential 9 19 26 26 Compact 8 17 subject to S. 9606.3 (3054-11 /90) * NOTE: A parking space on a site with more than five (5) parking spaces and which is adjacent to a wall over twelve (12) inches in .height shall be increased in width by three (3) feet. Posts/columns may be permitted along the side of each space only within three (3) feet of the head and foot of each stall . (3054-11 /90) ** Minimum twenty-four (24) feet when determined by Fire Department to be a fire lane. (3054-11/90) 9601 .6 Parking Structures. Parking structures above or below grade shall be subject to approval of a conditional use permit by the Planning Commission when no other entitlement is required. In addition to design standards all parking structures shall comply with base district standards as well as the following requirements: (3054-11 /90) (a) Transition ramps which are also used as back-up space for parking stalls shall have a maximum slope of five (5) percent. The maximum slope for transition ramps with no adjacent parking spaces shall be ten (10) percent. (3054-11 /90) 7/91 9601 . 6(a)--9602. 1 A ramp used for ingress and egress to a public street shall have a transition section at least sixteen (16) feet long and a maximum slope of five (5) percent. (3054-11 /90) (b) Parking structures with over three hundred (300) spaces shall provide secondary circulation ramps and additional ingress and egress if deemed necessary by a traffic study prepared by a registered traffic engineer. (3054-11/90) (c) Parking structures shall be provided with a minimum ten (10) foot wide perimeter landscape planter at ground level . Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings. The Design Review Board shall approve the landscaping plan. (3054-11 /90) (d) All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design Review Board prior to hearing. The Design Review Board shall consider the following factors in reviewing a proposal : bulk, scale, proportion, building materials, colors , signage, architectural features, and landscaping. (3054-11 /90) (e) All parking structures proposed for conversion to a fee parking arrangement shall be subject to the approval of a conditional use permit. (3054-11 /90) 9602 Number of spaces required. For the purpose of this section, the square footage indicated shall mean the gross floor area of the use unless otherwise indicated. When calculations include any fraction, one (1 ) full parking space shall be required for such fractional space. (3054-11 /90) 9602.1 Handicapped parking. As required by the State of California, handicapped parking shall be provided for all non-residential projects on the basis of total parking provided on-site as follows: (3054-11 /90) No. of Spaces No. of Handicapped Spaces 1 - 40 1 40 - 80 2 81 - 120 3 121 - 160 4 161 - 300 5 301 - 400 6 401 - 500 7 over 500 1 for each additional 200 spaces provided. (3054-11 /90) 7/91 9602.2--9602.2 9602.2 Non-residential use. (3054-11/90) Use Parking spaces required A. Auto and machinery service garages 1 /200 square feet, but no less than 5 per business Auto, boat, trailer sales and 1/1000 square feet of indoor/ rental agencies ; other outdoor outdoor sales and/or display commercial uses including retail lot area accessible for public nurseries viewing, but no less than 10; plus 1 /300 sq. ft. office area; 1 /200 ,sq. ft. auto service area B. Bed and breakfast 1 per guest room and 1 owner/manager plus 1 visitor Boat marina .75 per boat slip C. Car wash (1 ) Full-service 10 (2) Self-service 1 .5 per wash stall (3) With fuel sales 12 Churches, theaters, clubs, lodges, 1 per 35 square feet of public social halls, auditoriums, funeral assembly area, or 1 per 3 fixed homes and mortuaries seats (18 inches shall be 1 seat) whichever is greater F. Food and beverage establishment/ nightclubs with more than twelve (12) seats: (1 ) Separate parcel 1/60 square feet (2) Within integrated complex 1/100 square feet (3) Ancillary dance floors 1 /50 square feet of area devoted to dancing Furniture and appliance stores 1 /500 square feet, excluding areas used for storage or loading but no less than 5 H. Hair/nail salons (1 ) Separate parcel 2.5 per chair or station (2) Within integrated complex 1 /200 square feet Hospitals 1 .5 per bed Hotels and motels 1 per unit or bedroom, whichever is more restrictive, plus 1 employee space per 10 guest rooms, plus 2 spaces for any manager' s unit, plus spaces required for ancillary uses 7/91 9602.2--9602.2 (continued) 9602.2 Non—residential use. (3054-11 /90) (continued) Use Parking spaces required I . Industrial uses _ (1 ) Speculative buildings 1/500 square feet (maximum 10% office area) (2) Manufacturing, research 1/500 square feet assembly, packaging (3) Wholesaling, warehousing and ' 1 /1000 square feet distributing space (4) Outside uses: Storage, wrecking/ 1 /5000 square feet, but no salvage and lumber yards less than 5 (5) Offices 1/250 square feet ancillary to industrial uses if square feet exceeds 10 percent of gross floor area. (6) Mini-storage facilities Single story 1/5000 square feet Multistory 1 /2000 square feet Plus 2 spaces for any caretaker' s unit M. Medical /dental (includes out patient 1 /175 square feet medical /surgery centers) 0. Office uses, general (1 ) Less than 250,000 square feet 1 /250 square feet (2) Greater than 250,000 square feet 1 /300 square feet R. Retail uses not otherwise specified, 1 /200 square feet including department stores, arcades, gymnasiums and health spas, financial institutions, food and beverage establishments with 12 seats or less S. Schools (1 ) Preschools, nursery, day care 1 per staff member, plus 1 per classroom (2) Elementary, junior high 1 .5 per classroom (3) High school /college _ 7 per classroom (4) Trade schools, music 1 /35 square feet of instruction j� conservatories, personal area l� enrichment services 7/91 9602.2--9602.3 9602.2 Non-residential use. (3054-11 /90) (continued) Use Parking spaces required Service stations (1 ) Full serve/repair garage 1 /500 square feet,- but no less than 5 (2) Self serve 2 per use (3) With convenience markets 1/200 square feet of retail space but no less than 8 (4) With car wash 12 Single room occupancy/ One half (0.5) space per unit if Living units project is within two thousand (2,000) feet of a public bus stop. One 0 .0) space per unit if project is not within two thousand (2,000) feet of a public bus stop. One (1 .0) space for each resident staff member. One-half (0.5) space for all remaining personnel . Stables 1 per 3 corrals plus 1 horse trailer space for each 10 corrals plus 2 for caretaker' s unit i T. Tennis/racquetball courts, 3 per court or alley lane bowling alleys (3054-11 /90, 3111-7/91 ) 9602.3 Residential uses. (3054-11 /90) Use Parking Spaces Required (1 ) Single-unit dwellings New construction 0-4 bedrooms 2 enclosed and 2 open 5+ bedrooms 3 enclosed and 3 open (open spaces may be behind any required spaces and/or on street adjacent to the property.) Existing 0-4 bedrooms 2 enclosed and 2 open 5+ bedrooms 2 enclosed and 3 open (open spaces may be behind any required spaces and/or on street adjacent to the property. ) 7/91 9602.3(continued)--9603.2 9602.3 Residential uses. (3054-11 /90) Use Parking Spaces Required In the Oldtown 'and Townlot 2 spaces for dwelling units with Districts up to 3 bedrooms, and 1 space for each additional bedroom 2 spaces per unit must be enclosed in a .garage, and remainder may be open, unenclosed and designed to be behind the garage space One (1 ) additional space per dwelling when no on-street parking , is allowed; may be behind required spaces . (2) Multi-family bachelor/one bedroom 1 space two bedrooms 2 spaces three + bedrooms 2.5 spaces guest .5 space per unit 1 space per unit must be enclosed (3) Senior studio/one bedroom 1 space 2 bedrooms 1 .5 spaces (2828-5/86) 1 space per unit must be covered (4) Mobilehome 2 spaces 1 shall be covered, the other may be behind the first guest 1 per 3 mobilehomes (5) Rooming house 1 space per guest room plus 1 space per owner/manager plus 1 space per each 10 guest rooms (3054-11 /90) 9603 Residential parking. Residential parking shall comply with the following requirements as well as any additional provisions contained in the regulations of the individual district. (3054-11 /90) 9603.1 Coastal parking. Each dwelling unit located in the Coastal Zone shall have a minimum of two (2) on-site parking spaces . If the total coastal parking requirements exceeds the total minimum parking as required by this Article, the additional required parking spaces may be in tandem with enclosed spaces provided the tandem space is assigned to an enclosed space and complies with the required turning radius. (3054-11/90) 9603.2 Private garages and carports. All required private garages and carports, permitted as accessory structures under applicable provisions of this code, shall be constructed at the same time as the main building. (3054-11 /90) 7/91 9603.3--9604 9603.3 Turning radius. The minimum turning radius for any garage, carport or open parking space, entered directly from an alley or drive, shall be twenty-five (25) feet as measured to the opposite side of the alley or drive. (3054-11 /90) 9603.4 Driveway width. All private driveways or driveway easements shall meet the following minimum driveway width requirements : (3054-11 /90) Length of Drive Requirement 150 feet or less Ten (10) feet clear width for single family dwellings Twenty (20) feet clear width for multi-family dwellings Greater than 150 feet Twenty (20) feet clear width Exception: when designated as fire lane, all Fire Department requirements shall apply. (3054-11 /90) 9603.5 Access. When a lot abuts an arterial highway and a local street, access to on-site parking shall be from the local street. When a lot abuts an alley, access shall be from the alley unless a different access is approved by the Planning Commission. When a lot abuts two (2) arterial highways or two (2) local streets , access shall be subject to the approval of the Director of Public Works . (3054-11 /90) 9603.6 Open parking. No open parking spaces shall be permitted in any required setback adjacent to a public street except as provided in Article 911 . (3054-11 /90) 9603.7 Guest parking. All guest parking shall be fully accessible and designated as such. (3054-11/90) 9603.8 Enclosed parking. Any parking space in the front 50 feet of a lot that has ingress or egress directly from a street shall be in a fully enclosed building equipped with a door to provide for its complete enclosure. (3054-11 /90) 9603.9 Planned residential developments. In a planned residential development where a garage is constructed a minimum of twenty (20) feet from the curb, the driveway in front of the garage may be used to satisfy one of the required uncovered spaces. No more than fifty (50%) percent of driveway spaces may be credited toward this requirement. (3054-11/90) 9603.10 Distribution and assignment. Required parking spaces shall be distributed throughout a planned residential development at convenient locations to serve both residents and guests. Each dwelling unit shall have assigned covered parking within a walking distance of two hundred (200) feet. (3054-11 /90) 7/91 �� 9603. 11--9605 9603. 11 Screening. All required parking spaces or areas , open or enclosed, shall be screened on a horizontal plane. (3054-11 /90) 9603.12 Driveway air space. The air space above all driveways which exceed 150 feet in length shall remain open to the sky, except that eaves or roof overhangs with a maximum four (4) foot projection may be permitted above a height of fourteen (14) feet. (3054-11 /90) 9603.13 Storage space. When a required residential covered space is located in carport or parking structure, 100 cubic feet of enclosed storage space shall be provided in the space. (3054-11 /90) 9604 Nonresidential parking and loading. Nonresidential parking and loading shall comply with the following requirements as well as any additional provisions contained in the individual district. (3054-11 /90) 9604.1 Designated parking. Parking spaces within an integrated non-residential complex shall not be designated for exclusive use of any individual tenant except as authorized by a parking management plan approved by the Director of Community Development. (3054-11 /90) 9604.2 Parking controls. Parking controls , such as gates or booths, and/or collection of fees may be permitted when authorized by a conditional use permit approved by the Planning Commission. (3054-11 /90) 9604.3 Parking location. Any yard area not facing a street may be used solely for automobile parking provided such use is not in conflict with other code specifications. (3054-11 /90) 9604.4 Driveway width. The minimum width for driveways providing access to the rear of a structure shall be twenty-five (25) feet. (3054-11 /90) 9604.5 Loading space. One loading space (minimum fourteen (14) feet in width, twenty (20) feet in length, and fourteen (14) feet in height) for each 20,000 square feet or fraction thereof, of gross floor area; however, not more than three (3) such spaces shall be required for buildings exceeding 60,000 square feet. (3054-11/09) 9604.6 Loading location. Truck or rail loading, dock facilities, and the doors for such facilities shall not face or be located within forty-five (45) feet of property zoned or general planned residential . (3054-11/90) 9604.7 Loading design. Any loading facility shall be designed and located so that vehicles need not extend onto the public sidewalks , streets or alleys , during loading activities. (3054-11 /90) 9604.8 Landscape buffer. Where the side or rear yard of a parcel is used for loading activities and abuts property zoned or general planned for residential uses , a landscaped buffer along the property line shall be provided. A Landscaping Plan shall be subject to review and approval by the Director of Community Development. (3054-11/90) 9605 Seasonal and temporary parking lots. Seasonal and temporary parking lots may be permitted subject to the approval of a Use permit by the Zoning Administrator and in compliance with the following: (3054-11/90) 7/91 9605(a)--9605. 1 (f) (a) Seasonal parking lots may operate only from Memorial Day through the third weekend in September and must be located within one thousand (1 ,000) yards of the mean high tide line of the Pacific Ocean. (3054-11 /90) (b) Temporary and seasonal commercial parking lots may be permitted for a maximum of five (5) years . (3054-11 /90) 9605.1 Parking lot standards. The design and layout of seasonal and temporary parking lots shall comply with this article, Fire Department requirements, and the following standards: (3054-11 /90) (a) Paving shall be two (2) inches of asphalt over compacted native soil , or as approved by the Department of Community Development; except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehicles and to provide dust control as required by the Zoning Administrator. (3054-11 /90) (b) Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of three (3) feet in height, solidly built. At a minimum, posts shall consist of 4" x 4" wood or equivalent metal posts a minimum of one and one-half inches in diameter securely set in the ground and placed eight (8) fe-et on center. The posts shall be connected with at least one (1 ) strand of one-half ,(1 /2) inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. Seasonal lots shall be secured to prevent overnight parking between the closing hour on one (1 ) business day and the opening hour the following business day. (3054-11 /90) / ,i (c) Temporary parking lots shall have landscaped planters with an inside dimension of three (3) feet along street side property lines excluding driveways. Landscaping shall be protected from vehicle and pedestrian damage by wheel bumpers (asphalt, concrete, or wood) , or asphalt or concrete curbs, or any other design that will provide adequate protection, approved by Zoning Administrator. All landscaped areas shall be equipped with an underground, electrically automated sprinkler systems . All required landscaping shall be approved by the Department of Public Works pursuant to standard plans and specifications. (3054-11 /90) Seasonal parking lots are exempt from landscaping requirements. (3054-11 /90) (d) Directional and informational signs shall be displayed on-site to identify the entrance(s) , fees, and hours of operation. Such signs shall be located at the entrance entering the parking lot and shall not exceed twelve (12) square feet and shall be six (6) feet high. Signs for seasonal parking lots shall be removed from the site each season no later than the third weekend in September. (3054-11 /90) (e) Automatic entry devices or fee collection points shall be set back a minimum of twenty (20) feet from the public right-of-way, or at a distance recommended by the Department of Public Works and approved by the Zoning Administrator. (3054-11 /90) (f) An attendant shall be on duty at all times during business hours of seasonal parking lots . (3054-11 /90) 7/91 9605. 1 (g)--9606.2 \ (g) An approved fire extinguisher shall be provided on the premises during business hours. (3054-11 /90) (h) The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site to accommodate and store all trash that accumulates on the lot. (3054-11 /90) (i ) For seasonal parking lots, a certificate of insurance for combined single limit bodily injury and/or property damage including products liability in the amount of $1 ,000,000 per occurrence shall be filed with the Department of Administrative Services. A hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services . (3054-11 /90) 9605.2 Certificate to operate. Subsequent to approval of an application for any seasonal or temporary parking lot by the Zoning Administrator, the applicant shall meet all standards , requirements , and install all improvements. The parking lot shall be then inspected and approved by the Department of Community Development prior to issuance of a Certificate to Operate. (3054-11 /90) 9605.3 Failure to comply. The Zoning Administrator may revoke a Use Permit when the applicant fails to- comply substantially with any of the conditions of approval or applicable provisions of the City codes. (3054-11/90) 9606 Parking requirement alternatives. (3054-11 /90) 9606.1 Joint and mixed uses. In the event that two (2) or more uses occupy the same building, lot or parcel of land, the total requirement for off-street parking shall be the sum of each individual use computed separately except as provided in this section. (3054-11 /90) The Planning Commission may grant a reduction in the total number of required spaces as part of the entitlement for the use or uses, or by conditional use permit when no other entitlement is required, when the applicant can demonstrate that the various uses have divergent needs in terms of daytime versus nighttime hours or weekday versus weekend hours . Such joint use approvals shall be subject to the following: (3054-11 /90) (a) The maximum distance between the building or use and the nearest point of the parking spaces/facility shall be 250 feet. (3054-11 /90) (b) There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel . (c) Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first. (3054-11 /90) 9606.2 In lieu fees within the Downtown Specific Plan Area. Parking requirements for nonconforming uses or structures, new uses, or expansions may be met by payment of an "in lieu" fee for providing parking in a parking facility. Said fee may be paid in two (2) installments . The first 7/91 9606.2--9607 installment in an amount established by City Council Resolution for each parking space shall be paid prior to the issuance of building permits or of a certificate of occupancy, whichever comes first. The second installment in an amount established by City Council Resolution for each parking space shall be paid at the time City and/or a Parking Authority or District constructs aparking structure in the Downtown Area. A surety bond in a sum equal to the second installment shall be filed with the City at the time the first installment is paid. (3054-11 /90) 9606.3 Special permit. A Special Permit subject to approval by the Planning Commission or Zoning Administrator through the entitlement process may be granted to deviate from any of the design standards for parking structures . A special permit may be granted to use compact parking to satisfy a portion of the required parking. Compact spaces shall be distributed throughout the parking area and have the same aisle width as full size spaces. Compact spaces shall be marked compact on the foot of the stall . The number permitted shall be subject to the following standards: (3054-11 /90) (a) Non-residential developments with a minimum of twenty (20) spaces shall be permitted to have twenty (20%) percent of the total spaces as compact parking. (3054-11 /90) (b) Residential developments with a minimum of fifty (50) units may have twenty (20%) percent of the non-guest parking spaces as compact provided that an equitable system of assignment and distribution has been established. (3054-11 /90) The following findings shall be made where applicable when granting a special permit: (3054-11 /90) (a) A traffic study prepared by a registered traffic engineer has been submitted which document the impacts of the request. (3054-11 /90) (b) The special permit will not adversely affect the circulation and safety of the use, structure or site, or adjacent land uses. (3054-11 /90) (c) The special permit will result in a more effective and efficient circulation pattern and parking layout. (3054-11 /90) (d) The special permit will enhance the general appearance of the development and its surroundings . (3054-11 /90) (e) The special permit will not be detrimental to the general public health, safety, welfare, or convenience, nor injurious to property values in the vicinity. (3054-11 /90) 9607 Screening and landscaping. The provisions of this section shall apply to all projects unless exempt by approval of the Director or specified elsewhere in the Ordinance Code. All landscaping plans and irrigation plans shall be prepared by a California State Licensed Landscape Architect except plans for residential projects with four (4) units or less may be prepared by the developer or a California Licensed Landscape Contractor and shall be subject to the approval of the Departments of Community Development and Public Works. Planting shall be harmonious with the architectural design and. site 7/91 9607--9607.5 location. All landscaping shall be maintained in a neat, clean, and healthy condition. Maintenance shall include proper pruning, mowing, disease and rodent control , weeding, litter removal , fertilizing, watering, and plant replacement as necessary. Water conservation measures and drought-tolerant plant material should be included in all landscape and irrigation plans whenever possible. (3054-11 /90) 9607.1 General provisions. A minimum of eight (8%) percent of the total net site area shall be landscaped. For traffic visibility purposes, the maximum height of shrubbery shall be thirty-two (32) inches within any parking area. Turf shall not be installed on grade differential greater than 3: 1 . Trees planted within planters less than ten (10) feet in width or within five (5) feet from a structure or pavement shall be provided with a twenty-four (24) inch deep plastic minimum .060 inch th,ick polystyrene or polyethylene root barrier manufactured specifically for that purpose. (3054-11 /90) 9607.2 Interior landscaping. One (1 ) minimum twenty-four (24) inch box tree for every ten (10) parking spaces shall be located throughout the parking area. (3054-11 /90) 9607.3 Front and exterior side yards. A ten (10) foot wide landscaped berm (inside dimension) shall be provided along any streetside property line except at driveway openings . Berming shall be a minimum of twenty (20) inches in height (Diagram C) . Where grade differential would not permit mounding, alternatives shown in Diagram G may be used. Any planter or screen walls shall be placed behind the landscape area and shall set back five (5) feet from the edge of any alley or driveway. (3054-11 /90) One (1 ) minimum thirty-six (36) inch box tree shall be provided for every forty-five (45) linear feet (or fraction thereof) of streetside property line; placement may be clustered. Seventy-five (75%) percent of all shrubs, except those used for ground cover, shall be a minimum five (5) gallon size. Ground cover areas shall be planted with well-rooted cuttings or container stock. Turf areas shall be planted with field-grown established drought-tolerant sod. (3054-11 /90) Specimen palm tree may be substituted at a ration of one-half 0 /2) foot brown trunk height for one (1 ) inch of box tree inch required. (3054-11 /90) 9607.4 Planter walk areas. Planter areas adjacent to parking spaces shall be provided with a twelve (12) inch wide by four (4) inch thick "step off" area back of curb for the entire length of planter (Diagram E) or provide four (4) feet square of five (5) feet diameter circular planter surrounded by textured and/or colored concrete (Diagram F) . (3054-11 /90) 9607.5 Irrigation. All landscape areas shall be provided with a permanent underground, electrically automated irrigation systems, designed to provide complete and adequate coverage to sustain and promote healthy plant life. The irrigation system shall not cause water to spray onto or cause water, mud or debris to flow across a public sidewalk. A drip irrigation system shall be used where feasible. Pop-up sprinkler heads shall be required directly adjacent to all pedestrian or vehicular surfaces and located in areas that avoid vehicle overhang. (3054-11/90) 7/91 9607.6--9607.7 9607.6 Curbing. All landscaping shall be protected from vehicular and % pedestrian damage by a six (6) inch high, four (4) inch wide curb of portland cement concrete. Additional protection shall be provided by one (1 ) of the following methods : (3054-11 /90) (a) An additional two and one-half (2.5) feet of landscaping consisting of low shrubs or ground cover may be provided between a parking stall and the required landscape area. The additional landscaping shall not count toward the required percentage of landscaping. This method will allow vehicles to extend over the additional landscape area in conjunction with permitting a reduction in the required length of the parking space from nineteen (19) feet to sixteen and one-half (16.5) feet. (3054-11 /90) (b) Other alternatives acceptable to the Director. (3054-11 /90) 9607.7 Landscaping requirement exception. Existing developments approved prior to June 7 , 1983, shall , at the time of expansion and/or exterior modification, provide six (6%) per cent of the total net site area in landscaping with a minimum six (6) foot wide landscape planter (inside dimension) along any streetside property line. (Diagram C) . (3054-11 /90) Existing developments located adjacent to a landscape and scenic corridor as depicted in the general plan, shall at the time of expansion and/or exterior modification provide a ten (10) foot wide planter with six (6%) percent of the site landscaped. When the existing use includes outdoor sales or display and requires an additional three (3) foot wide landscape planter pursuant to this code, no exception shall be granted in the required six (6%) percent or ten / (10) foot wide (plus three (3) feet) landscape planter. (2828-8/86, 3054-11 /90) (Diagrams A. B, C. D. E, F. G) (3054-11 /90) i 7/91 30 ° , 45 °, & 60 ° PARALLEL PARKING PARKING i� o, Ic 8' t, 19 19 z 24" EXTERIOR 79, DIMENSION Z? B 18" INTERIOR DIMENSION rF I I I 900 PARKING 1 24" EXTERIOR DIMENSION 1 1 3" STRIP 18" INTERIOR DIMENSION 24' 24' I I _ I i _ I � 9- 4' 19, DIAGRAM B Commercial Center Main Entrance For Parking Lots with Over DIAGRAM A Striping Requirements 200 Spaces (Public Works Standard Driveway Plan No.21 1 A & B) PROPERTY MIN. LANDSCAPEAREA 10' INSIDE CURB LINE FACE CURB _ 20" MIN. HT. SIDEWALK-GRADE BUMPER p r•O: G• PARKING LOT GRADE REQUIRED DIAGRAM C Required Landscape Planter and Berming PROPERTY LANDSCAPE AREA 6' MIN INSIDE WALL LINE _ FACE 32" MIN. HT. ,.20. MIN. HT. BUMPER SIDEWALK GRADE,.( PARKING LOT J GRADE APPROVED MASONRY WALL � EXCEPTION FOR EXISTING DEVELOPMENTS 3054 SEE DIAGRAM 'A' FOR STRIPING DIMENSIONS. I I �— 2.5' I WHEEL STOP I 2 �--19' turn- around 3' - 3' space maneuvering area 12" step off area 12"step off area DIAGRAM D 12"step off area DIAGRAM E 000 0000 5 ft. dia. 00 0 0 0 0 00000 0000 4 ft. sq. 0000 000 000 000 00000 000000 0 000 00, ( 000'00 0000 0000 000 00 00 DIAGRAM F 3054 i shrub height 32"max. sidewalk ground cover/ ( 2' - 6" overhang allowance turf ground cover curb parking shrub height 32"max. 2' - 6" overhang allowance ground cover curb parking ground cover/turf sidewalk NOTE. Turf shall not be installed on slopes steeper than 3:1 DIAGRAM G 3054 CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES Effective 1/6/93 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 17.56 Chapter 17.56 r j Laura A. Nelson, Deputy 1 Records Division �jj 374-1559 wq 0171N . { Huntington Beach Municipal Code 17.56.010--17.56.010 Chapter 17.56 UNIFORM FIRE CODE ! (105-5/13, 413-5/38, 458-6/42, 1131-4/65, 1414-6/68, 1499-5/69, 1884-12/73, 1900-3/74, 2121-12/76, 2188-6/77, 2430-1/70, 2480-7/80, 2638-9/83, 2865-11/86, 3020-12/89, 3174-1 /93) Sections• 17.56.010 Adoption 17.56.015 Definition 17.56.020 Appeals 17.56.025 New materials, processes or occupancies--Permits 17.56.030 Section 3.101 amended--Unlawful continuance of a fire hazard 17.56.035 Section 4.108 amended--Permits 17.56.040 Section 9.110 amended--ADD- High Rise 17.56.045 Section 10.204 amended--Dimensions for Roadway Access 17.56.050 Section 10.506 amended--Fire Extinguishing Systems 17.56.055 Section 10.507 amended--Automatic Fire Extinguishing Systems 17.56.060 Section 10.509 amended--Permissible Sprinkler Omissions 17.56.065 Section 10.510 amended--Standpipes 17.56.070 Section 11 .201 amended--Incinerators 17.56.075 Article 29 amended--Repair Garages 17.56.080 Article 36 amended--Dry Cleaning 17.56.085 Section 61 .105(c) amended--Location 17.56.090 Section 79.301 (b) amended--Stationary Tank Storage-Inside of Buildings 17.56.095 Section 79.501 amended--Stationary Tank Storage-Outside of Buildings 17.56.100 Section 79.601 amended--Tank Storage Underground 17.56.110 Section 79.903(a)(b)(c) amended--Dispensing 17.56.115 Section 79.907 amended--Drainage and Waste Disposal 17.56.120 Section 79.1102 amended--Location 17.56.125 Section 79. 1103 amended--Waste Control 17.56.130 Section 79.1104(b) amended--Sumps 17.56.135 Section 79. 1112 Add--Huntington Beach Oil Code 17.56.140 Section 80. 105 amended--Unauthorized Discharges 17.56.145 Section 81 . 108(a) amended--Aisles I 17.56.150 Adopt Appendix I-A amended--Life safety requirements for existing buildings other than high rise 17.56. 155 Appendix II-C amended--Marinas 17.56.160 Adopt Appendix II-E amended--Hazardous materials management plan and hazardous materials inventory statement 17.56.010 Adoption. There is adopted by the City Council , for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code and standards known as the Uniform Fire Code, including Appendices I-A; I-B, I-C, II-A, II-C, II-E, III-A, III-C, IV-A and VI-A and amendments thereto, published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1991 edition thereof and the 1991 supplement to the Uniform Fire Code and the whole thereof, save and except those portions as are hereinafter modified or amended, of which code and standards not less than one 1 (1 ) copy has been and is now filed in the Office of the City Clerk, and the same is, hereby adopted and incorporated as fully as if set out at length. 1 /93 J Y� �n 17.56.010--17.56.030(b) Huntington Beach Municipal Code herein, and from the date on which such Uniform Fire Code shall take effect, the provisions thereof shall be controlling within the limits of the City of Huntington Beach and shall hereinafter be referred to in this chapter as the Huntington Beach Fire Code. (1131-4/65, 1414-6/68, 1900-3/74, 2188-6/77, 2430-7/80, 2638-9/83, 2865-11/86, 3020-12/89, 3174-1 /93) 17.56.015 Definition. Wherever the word "jurisdiction" is used in the Huntington Beach Fire Code, it shall mean the City of Huntington Beach. (1131-4/65, 1414-6/68, 2188-6/77, 2430-7/80, 2638-9/83, 2865-11/86, 3020-12/89) 17.56.020 Appeals. Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that provisions of this code do not apply, or that the true intent and meaning of this code has been misconstrued or wrongly interpreted, the applicant or permittee may appeal from the decision of the Chief of the Fire Department to the Huntington Beach Appeals Board within thirty (30) days from the date of the decision appealed. (1414-6/68, 1900-3/74, 2188-6/77, 2430-7/80, 2638-9/83, 2865-11/86, 3020-12/89) 17.56.025 New materials, processes or occupancies--Permits. The City Administrator, the Chief of the Fire Department, and the Chief of the Fire Prevention Division shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in this code. The Chief of the Fire Prevention Division shall post such list in a conspicuous place in his office, and distribute copies to interested persons. (1414-6/68, 1900-3/74, 2188-6/77, 2430-7/80, 2638-9/83, 2865-11/86, 3020-12/89) 17.56.030 Section 3.101 amended--Unlawful continuance of a fire hazard. Section 3.101 is amended by hereby adding subsections (a) , (b) , (c) to read as follows: (3020-12/89) (a) Except as provided in Section 3. 101 (b) any person operating or maintaining any occupancy, premises or vehicle in violation of this code shall be guilty of an infraction. (b) Any person who shall fail to take immediate action to abate a Fire or Life Safety Hazard when ordered or notified to do so by the Chief or his duly authorized representative or who violates the following sections of this code or the Municipal Code shall be guilty of a misdemeanor: UNIFORM FIRE CODE 3. 101 Unlawful continuance of a hazard 3. 102 Compliance with orders and notices 3. 103 Compliance with condemnation tag 3. 104 Destruction of signs and tags 10. 104 Tampering with fire protection equipment and site barriers 11 .503 Discard burning objects 13.302 False Alarms 77.301 Use and Handling 77.302 Transportation of explosives 77.402 Manufacturing of explosives (3174-1 /93) 1 /93 S Huntington Beach Municipal Code 17.56.030(b)--17.56.050(b)' HUNTINGTON BEACH MUNICIPAL CODE OIL 15.20.120 Wellhead Safety Equipment 15.20.130 Blowout Prevention 15.24.040 Releasing of Fluids 15.28.010 Waste Water System 15.32.020 Production Report-Failure 15.32.030 Production Report-False HAZARDOUS MATERIALS 17.58.050 Users of hazardous materials--Disclosure required (3174-1 /93) (c) Each such violation will be deemed a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter or of the code adopted hereby is committed, continued or }.m... permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. 17.56.035 Section 4.108 Permits. (3174-1/93) Delete g. l ADD r.3 as follows: Repair Garages. To use a structure as a place of business for servicing or repairing motor vehicles. See Article 29. (3174-1/93) 17:56.040 Section 9.110 amended--Add HIGH RISE. High-Rise is any building having floors used for human occupancy located more than 55 feet above the lowest level of Fire Department access. Such buildings shall have fire and life safety systems required by the Building Code. See UBC Section 1807. (3174-1/93) 17.56.045 Section 10.204 amended--Dimensions. (3174-1 /93) (a) Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than twenty-four (24' ) feet and an obstructed vertical clearance of not less than thirteen (13' ) feet six (6") inches. Fire access streets , drives or roads adjacent to building fronts in commercial centers shall be not less than twenty-seven (27' ) feet wide. (3174-1 /93) EXCEPTION: Upon approval by the Fire chief, vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. (3174-1 /93) 17.56.050 Section 10.506 amended--Fire Extinguishing Systems. (3174-1 /93) (a) GENERAL. Fire extinguishing systems shall be installed in accordance with the Fire Code. (3174-1 /93) (b) STANDARDS. delete exceptions 2 and 3. (3174-1 /93) 1 /93 17.56.050(c)--17.56.060(f) Huntington Beach Municipal Code (c) ADD--For the purposes of this code, high-rise buildings are defined in Section 9. 110. (3174-1/93) 17.56.055 Section 10.507 Amended--Automatic Fire Extinguishing Systems. (3174-1 /93) (b) (delete Group R, Division 3) (3174-1 /93) Whenever the total gross floor area exceeds 5,000 square feet for all new construction, additions to existing buildings, or change of occupancy classification or as required below. (3174-1 /93) (c) Group A Occupancies. Change subsections 1 and 3; add subsections 8, 9, 10 as follows: (3174-1/93) 1 . Change 'one (1 ) hour' to 'four (4) hours ' . (3174-1/93) 3. Change 12,000 to 5,000. (3174-1 /93) 8. ADD--Other areas throughout the building where there is a stage or enclosed platform. (3174-1/93) 9. ADD--Throughout the building where a portion of the building above the first floor is used for drinking and/or dining. (3174-1 /93) 10. ADD--Throughout the building when a portion of the building above the first floor is used for any assembly purpose other than drinking and/or dining, with an occupant load of fifty (50) or more persons. (3174-1/93) (d) Group B, Division 2 Occupancies. An automatic sprinkler system shall be f installed in retail sales rooms classified as Group B, Division 2 Occupancies where the floor area exceeds 5,000 square feet or in Group B, Division 2 retail sales occupancies more than three (3) stories in height. The area of mezzanines shall be included in determining the areas where sprinklers are required. (3174-1 /93) (i ) ADD--Group R, Division 3 Occupancies. An automatic sprinkler system complying with Huntington Beach Fire Department standards shall be installed when the total gross floor areas exceeds 5,000 square feet, or has an occupied floor over three stories, or is over 30 feet in height, as determined by Department of Community Development. (3174-1 /93) 17.56.060 Section 10.509 Permissible Sprinkler Omissions. (3174-1 /93) (f) ADD- When the gross square footage of the building is divided into nonsprinklered 5,000 square feet units by a four hour masonry fire resistive separation walls, the four hour masonry walls shall have no openings, shall have parapets 30 inches above the roofline, and extend horizontally to separate exterior combustible cornices , canopies , etc. EXCEPTION: If four hour masonry walls are not extended horizontally, a 5 foot distance shall be provided between the four hour masonry wall and exterior combustible cornices, canopies, etc. (3174-1 /93) 1 /93 Huntington Beach Municipal Code 17.56.065--17.65.075 17.56.065 Section 10.510 amended--Standpipes. (3174-1 /93) Table 10.510A: 1 . Standpipes for sprinklered buildings shall be Class III . (3174-1 /93) 2. Change four (4) stories to three (3) stories . Standpipes for sprinklered buildings shall be Class III . (3174-1 /93) 5. Change four (4) stories to three (3) stories; 20,000 square feet per floor to 10,000 and standpipes for sprinklered buildings shall be Class III. (3174-1 /93) 17.56.070 Section 11 .201 amended--Incinerators. Incinerators, open burning and commercial barbecue pits shall be in accordance with this Division. The Fire Chief is authorized to require that any fire be discontinued or extinguished if smoke or other odors are offensive to occupants of surrounding properties. (3174-1 /93) 17.56.075 Article 29 amended--Repair Garages. (3174-1 /93) Scope (3174-1 /93) Section 29.101 . Garages used for service or repair of motor vehicles classified as Group B, Division 1 , or Group H, Division 4 occupancies shall be in accordance with this article. (3174-1/93) Permits (3174-1 /93) Section 29.102. For permits to use a structure as a place of business for the purpose of servicing or repairing motor vehicles , see Section 4. 108, permit r-3. (3174-1/93) Flammable and Combustible Liquids (3174-1 /93) Section 29. 103 (3174-1/93) (a) General . Storage use, and handling of flammable or combustible liquids shall be in accordance with applicable requirements of Article 79, Divisions I-IX, and this section. (3174-1 /93) (b) Dispensing Inside of Building. Class I liquids shall not be dispensed or transferred within a repair garage, except as provided in Section 79.903(h) . (3174-1 /93) When Class II and Class III-A liquids are allowed to be dispensed in lubrication or service rooms, electrical and fuel burning equipment shall comply with Sections 79.905 and 79.906. (3174-1 /93) For operations involving dispensing of fuel into the fuel tanks of motor vehicles, see Article 79, Division IX. (3174-1 /93) (c) Storage and Use in Buildings with Basements or Pits. When Class I liquids are stored or used within a building having a basement or pit into which flammable vapors could travel , the basement or pit shall be provided 1 /93 ` f I 17.56.075--17.56.080 Huntington Beach Municipal Code with ventilation designed to prevent the accumulation of flammable vapors therein. (3174-1/93) r (d) Storage and Handling of Liquids Drained from Vehicles. (3174-1 /93) 1 . Motor Vehicle Fuel . Motor vehicle fuel shall not be drained in Group B, Division I Occupancies. Liquids drained from motor vehicle fuel tanks in Group H, Division 4 occupancies shall be stored and handled as required for Class I liquids in accordance with Article 79. 2. Lubricating Oil . Lubricating Oil which has been drained from motor vehicles in Group B, Division I or Group H, Division 4 occupancies shall be stored and handled as required for Class III—B liquids in accordance with Article 79-. (3174-1/93) 3. Mixed Liquids. Containers or tanks containing a mixture of fuel and lubricating oil shall be installed in accordance with Article 79 for Class I liquids. (3174-1 /93) i (e) Storage. Liquids stored inside of buildings shall be kept in containers or tanks complying with Article 79, Division II and III. Liquids stored outside shall be kept in containers or tanks complying with Article 79, Division IV or V. (3174-1 /93) Tank drainage lines terminating inside a building shall be equipped with a nonremovable—type cap, such as as hinged cap. (3174-1/93) (f) Spill Control . Spill control shall be provided in accordance with 79.115. (3174-1/93) (g) Oily Waste Materials. Oily rags and similar materials shall be stored in metal , metal lined, or other approved containers equipped with tight—fitting covers. (3174-1/93) Sources of Ignition (3174-1 /93) 29.104 (3174-1/93) (a) General . Devices which- generate a spark, flame or glow capable of igniting gasoline vapors shall not be within eighteen (18") inches of the floor. (3174-1 /93) Smoking and open flames shall be prohibited in areas used for servicing I internal combustion engines. (3174-1 /93) (b). Welding. Welding operation shall be conducted only in Group H, Division 4 occupancies, and shall be in accordance with Article 49. (3174-1 /93) 17.56.080 Article 36 amended--Dry Cleaning. (3174-1/93) Scope (3174-1 /93) Section 36.101 . Dry cleaning plants and systems using only noncombustible liquids and dry cleaning plants that are not accessible to the public which use flammable and combustible liquids only for spotting operations shall be in �- accordance with this article. (3174-1 /93) 1 /93 Huntington Beach Municipal Code 17.56.080--17.56.080 For other dry cleaning operations, see Article 79, Division XVII . (3174-1 /93) Permits (3174-1/93) Section 36.102. For permits to engage in dry cleaning, see Section 4. 108. (3174-1/93) Dry Cleaning Equipment (3174-1 /93) Section 36.103 (3174-1/93) (a) Compatibility Equipment used for dry cleaning shall be compatible with the type of solvent utilized and shall be installed in accordance with the manufacturer' s recommendations. (3174-1/93) (b) Solvent Handling Systems. (3174-1/93) 1 . Transfer. The transfer and circulation of solvent shall be through closed systems. (3174-1/93) 2. Pumps. Pumps used for the transfer or circulation of solvents shall be designed with leakproof seals. Positive displacement pumps shall be fitted with relief valves or bypasses to prevent overpressure. (3174-1 /93) 3. Physical Protection. Flow and level sightglasses shall be protected against physical damage. (3174-1/93) 4. Testing. Piping, valves and sightglasses shall be tested at a minimum of 150 percent of the system' s maximum operating pressure. Testing shall be in accordance with nationally recognized standards. See Section 2.304(b) , Standard a.1 .5. (3174-1 /93) (c) Exhaust Ventilation Systems. Dry cleaning units shall be provided with an automatically activated exhaust ventilation system to maintain a minimum of 100 feet per minute air velocity through the loading door when the door is opened. Such systems for dry cleaning equipment shall be in accordance with the Mechanical Code. See Uniform Mechanical Code Chapter 11 . (3174-1 /93) Exception: An external exhaust ventilation shroud located immediately outside the loading door may be used provided the air flow is not less than 100 times the area of the door opening. (3174-1 /93) (d) Combustion Air. Combustion air for fuel burning equipment shall be taken from exterior openings that are located a minimum of five (5) feet from exhaust opening of dry-cleaning equipment. (3174-1 /93) Storage of Solvent & Waste Solvents (3174-1 /93) Section 36.104 (3174-1 /93) (a) Flammable and�Combustible Solvents. The storage of flammable* and combustible solvents and waste solvents shall be in accordance with Article 79, Division II . (3174-1 /93) 1 /93 17.65.080--17.65.095 Huntington Beach Municipal Code (b) Noncombustible Solvents. The storage of noncombustible solvents and waste solvents shall be in accordance with Article 80, Division III. (3174-1 /93) Spotting Operations (3174-1 /93) Section 36.105 (3174-1/93) (a) General . The local application of solvents for the removal of stains shall be in accordance with this section, Article 79, Division VIII and Article 80, Division IV. (3174-1/93) (b) Dispensing at Workstations. Dispensing of solvents shall be from approved containers. The amount of flammable and combustible liquid solvents at each workstation shall not exceed one (1 ) gallon, one (1 ) pint of which may be in a plastic container. (3174-1 /93) 17.56.085 Section 61 .105 amended--Location. (3174-1/93) (c) Location. The use of listed portable unvented oil burning heating appliances shall be limited to supplemental heating in 'M' occupancies. (3174-1 /93) 17.56.090 Section 79.301 amended--Stationary Tank Storage Inside Buildings. (3174-1/93) i (b) Where Allowed. Stationary tanks for the storage of Class I, II, or III-A liquids are allowed only in industrial plants, chemical plants, distilleries, motor vehicle fuel dispensing stations, motor vehicles service or repair garages, processing plants and refineries wherein rooms or buildings constructed and separated as required in the Building Code for Group H, Division 3 Occupancies or fuel storage for emergency and standby power systems when approved by the Chief. (3174-1 /93) 17.56.095 Section 79.501 amended--Stationary tank storage, above ground outside of buildings. (3174-1/93) Restricted Locations. The limits referred to herein prohibiting the storage of Class I and II liquids in outside, above ground tanks are hereby established for all commercial land use districts as defined in the Huntington Beach Ordinance Code. EXCEPTIONS: (a) Bulk plants may exist in M2 industrial districts only. (b) Class III liquids may only be stored on properties with an 0 or 01 suffix. (c) Class II liquids may be stored temporarily on construction sites with the approval of the Fire Chief. (1131-4/65, 1414-6/68, 1900-3/74, 2188-6/77, 2431-7/80, 2638-9/83, 2865-11 /86, 3020-12/89) (d) The storage of Class I and Class II liquids in aboveground tanks is prohibited within the City of Huntington Beach except at locations classified as Zone M-2 where permitted by a site plan use permit on 1 /93 i Huntington Beach Municipal Code 17.56.095--17.56. 110 property designated as potentially suitable for the uses permitted under -� these zone classifications by the Huntington Beach Zoning Ordinance as the same may be amended from time to time and in accordance with Section 79.903(a) . (3174-1/93) 17.56.100 Section 79.601 amended--Tank storage underground outside or under buildings. (3174-1 /93) (a) Location. A flammable or combustible liquid storage tank may be located underground, outside of or under a building if such installation meets the requirements of this section. The tank shall be so located with respect to existing foundations and support that the loads carried by the latter cannot be transmitted to the tank. The distance from any part of a tank storing liquids to the nearest wall of any basement, pit, cellar or property line shall be not less than three (3) feet. A minimum distance of one (1 ) foot, shell to shell , shall be maintained between underground tanks. (3174-1/93) The installation of underground combustible/flammable liquid tanks is hereby prohibited in all residential districts. The Fire Chief may authorize installation of underground combustible/flammable liquid tanks in agricultural districts. (2430-7/80, 2638-9/83, 2865-11/86, 3020-12/89, 3174-1/93) 17.56.110 Section 79.903 amended--Dispensing. (3174-1 /93) (a) Aboveground Tanks. Class I and Class II liquids shall not be dispensed into the fuel tank of a motor vehicle from aboveground tanks EXCEPT as 1 follows: (3174-1 /93) ABOVE GROUND TANK MODEL POLICY FOR DISPENSING INTO MOTOR VEHICLES SCOPE: The storage and dispensing of motor fuels (does not pertain to LPG) into tanks of motor vehicles from an aboveground tank(s) , specifically for commercial , and not intended for retail sales to the general public, use applications outside of building approved by the Fire Chief. (3174-1/93) NOTE: This exception was developed specifically for urban applications. (3174-1/93) RESTRICTED LOCATIONS: ESTABLISHMENT OF LIMITS OF DISTRICTS (ZONES) IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS ARE PROHIBITED. (3174-1 /93) The limits referred to in Section 79.501 of the Uniform Fire Code in which the storage of flammable or combustible liquids is restricted shall be as per local code and as approved by the Fire Chief. (3174-1 /93) 1 /93 17.56.110--17.56. 110 Huntington Beach Municipal Code PLANS Plans shall be submitted and approved prior to installation for each application. The plans shall indicate the method of storage and dispensing quantities to be stored, distances from buildings and property lines, accessways, fire-protection facilities, barrier protection, diking (secondary containment) , design and construction of tanks, supports, seismic design, tank venting and vapor recovery, wiring and equipment, electrical controls, safety rules, signage and any additional information and requirements required by the Fire.Chief. (3174-1/93) PERMITS Permits shall be required in accordance with Section 4. 101 U.F.C. of the Uniform Fire Code. In addition, the storage and dispensing of each operation shall be reviewed and permitted annually to assure compliance with approved plans. Prior to the issuance of the Fire Department' s permit to install , all other applicable permits shall be obtained, i .e. ; Building, Planning, Environmental Health, Air Quality. (3174-1/93) LOCATION ON PROPERTY The minimum distance i-n feet from property lines, public ways or significant buildings in which tank(s) and dispenser(s) can be located are hereby restricted to the following guidelines: (3174-1 /93) Combination System (tank and dispenser) (3174-1/93) Tanks to a maximum of 2200 gallons capacity shall be located fifteen (15' ) feet from property lines, public ways or significant buildings. (3174-1 /93) The aggregate gallonage per site shall be limited to 2200 gallons. (3174-1 /93) Quantities greater than 2200 gallons aggregate shall be approved by the Chief. (3174-1 /93) SEPARATION BETWEEN TANKS: Except for double-bulkheaded compartmentized tanks , the separation between each tank shall be 1/6 the sum of adjacent tank diameter but not less than three (3) feet. (See U. F.C. Table 79.504(a)) (3174-1 /93) 1 /93 Huntington Beach Municipal Code 17.56. 110--17.56.110 FIRE AND EXPLOSION PROTECTION: The primary tank shall be protected by a r-� minimum listed or approved fire resistive protection of 2-hour rating and impact resistance as approved by the Fire Chief. (Impact resistance Article 9 definition) (3174-1/93) DESIGN AND CONSTRUCTION OF TANKS The design, fabrication and construction of AND EQUIPMENT: tanks shall be in accordance with Section 79. 106. (3174-1 /93) Equipment - All dispensing equipment and devices shall be of an approved type and listed by a nationally recognized testing laboratory as approved by the Fire Chief for use in conjunction with Class I and Class II liquids and shall comply with Section IX. (3174-1 /93) MONITORING: Electronic leak detection that complies with California Code of Regulations (CCR) Title 23-2634, shall be required to monitor the interstitial space between the primary and secondary tank. (3174-1/93) All visible exterior surfaces of an aboveground storage tank, including any visible horizontal surface directly beneath the tank, shall be inspected at least daily by direct viewing. The inspection schedule shall be established such that some of the inspections are conducted when the liquids are at its highest level . (3174-1 /93) A written statement of the routine monitoring procedures shall be available at the facility and the record shall include the frequency of visual inspections, the location(s) from which observations will be made, the name(s) and title(s) of the person(s) responsible for performing the observations and the reporting format. (3174-1 /93) Written records shall be maintained on site for three (3) years. (3174-1 /93) PRODUCT DISPENSING: Product dispensing hoses shall be equipped with a listed emergency breakaway device designed to retain liquid on both sides of the breakaway point. The devices shall be located between the nozzle and the hose line and the line and the pump, at each end of the hose. Such devices shall be installed and maintained in accordance with manufacturer' s instructions . (See NF'PA (TIA) 30) (3174-1/93) 1 /93 " f 17.56.110--17.56.110 Huntington Beach Municipal Code DISPENSING: Dispensers shall be equipped with a permanently attached, approved pumping -1 device mounted on top of tank, with an approved hose of an approved hose of an approved length for filling vehicles, equipment or containers. Each tank shall have a pump that is activated/deactivated when the nozzle is removed and replaced. W.F.C. Section 79.903(i )) (3174-1 /93) PIPE, VALVES, FITTINGS: In addition to other requirements outlined in U.F.C. Section 79. Division VII, the following shall be required: (3174-1/93) Piping: All piping shall be enclosed in two (2) hour fire protection. Pipes containing liquid are required to be double contained. This includes the base of working and emergency vents and fuel sleeves. Manifold piping to connect multiple tanks is prohibited. (3174-1/93) A fusible link valve, of the type that upon heat activation the valve will close preventing fumes from ignition, shall be required on all openings other than working and emergency vents. The valve shall be approved by the Fire Chief. (3174-1 /93) A fire extinguisher with a minimum classification of 2-A, 20 B:C shall be provided and so located that it will be not more than seventy-five (75) feet from any pump, dispenser or fill pipe opening. (See U.F.C. Section 79.908) (3174-1/93) SUPPORTS AND FOUNDATIONS: Tanks shall rest on foundations made of concrete, masonry, piling or steel . Tank foundations shall be designed to minimize the possibility of uneven settling of the tank and to minimize corrosion in any part of the tank resting on the foundations. Steel tank supports shall be designed to U.L. Standard 1709. (See U. F.C. Section 79.505 (b) and (c)) (3174-1 /93) ANCHORAGE: Design of Supports: The design of the supporting structure for tanks shall be in accordance with well established engineering principles in accordance with the Building Code. (3174-1 /93) Tanks shall be so supported as to prevent the excessive concentration of loads on the supporting portion of the shell . (See 10 U.F.C.. Section 79.505(d)) (3174-1 /93) 1 /93 Huntington Beach Municipal Code 17.56. 110--17.56.110 Locations Subject to Flooding: Where a �.� tank is located in an area that may be subjected to flooding, the applicable provisions of Appendix II-B apply. (See U.F.C. Section 79.505(e)) (3174-1/93) Seismic Design: The tank supports and connections shall be designed to resist damage as a result of such shocks in accordance with the Building Code. (See U.F.C. Section 79.505(f)) (3174-1 /93) BARRIER PROTECTION: Guard posts or other means shall be provided�to protect exterior storage tanks from vehicular damage specified as follows: (3174-1 /93) 1 . Seven (7' ) foot steel posts, with three (3' ) foot above and four (4' ) feet below grade. The post shall be secured in a one (1 ) foot square concrete footing. (3174-1 /93) 2. The post shall be of 1/2" steel (schedule 40) six (6") inch diameter and concrete filled with cap. (3174-1/93) 3. The posts shall be thirty-six (36") inches apart on center. (3174-1/93) 4. The backside of the post shall be a minimum of three (3' ) feet from the tank. (3174-1/93) DIKING: The area surrounding a tank or group of tanks shall be provided with drainage or shall be diked to prevent accidental discharge of liquid from endangering adjacent tanks, adjoining property or reaching waterways. (3174-1 /93) Exception: When double containment is provided within the construction of the tank, the diking requirements may be waived by the Fire Chief. (See U.F.C. Section 79.507(a)) (3174-1 /93) VEHICULAR APPROACH PAD: A non-absorbent surface sufficiently covering the vehicle fueling area is required as approved by the Fire Chief. (3174-1 /93) TANK VENTING AND VAPOR RECOVERY: Emergency relief venting shall be in ( accordance with U.F.C. Section 79.509 4(b) _ and N.F.P.A. (TIA) 30A. Emergency relief 1 /93 17.56.110--17.56. 110 Huntington Beach Municipal Code vents for gasoline primary and secondary tanks shall have a flame arrestor as approved by the Fire Chief. (3174-1 /93) A coaxial breakaway device as approved by the Fire Chief shall be required on phase II vapor recovery systems. Vapor recovery shall be in accordance with U.F.C. Section 79.911 and the Air Quality authority having jurisdiction. (3174-1/93) APPROVED WIRING: All installation of electrical wiring and equipment shall be reasonably safe to persons and property. For Class I liquids where electrical wiring and equipment installed, evidence that such wiring and equipment are of the type approved for use in the hazardous locations as set forth in Table 79.905 and that such wiring and equipment have been installed in accordance with the Electrical Code will be required. (See U.F.C. Section 79.905) (3174-1/93) ELECTRICAL CONTROLS: A clearly labeled manually operated pump master switch shall be provided in an approved location, within seventy-five (75' ) feet of, but not nearer than fifteen (15' ) feet to any dispenser. Where such master switch is not visible from all dispensers, the location thereof shall be indicated by approved signs. Signs identifying the pump master switch shall be clearly labeled "EMERGENCY PUMP SHUTOFF" in four (4") inch high letters with 1 /2" strokes. (3174-1/93) The master switch on all individual pump circuit switches shall be set in the "off" position before close of business. (3174-1/93) SAFETY RULES: There shall be no smoking or open flames in the areas used for fueling, servicing internal combustion engines, receiving or dispensing of Class I , II , or III-A liquids. There shall be no dispensing into unapproved containers. (See U.F.C. Section 79.903(d)) (3174-1 /93) The motors of all vehicles being fueled shall be stopped. Conspicuous signs prohibiting smoking, prohibiting dispensing into unapproved containers and requiring vehicle motors to be shut off during l fueling operations shall be posted at' each dispenser. (3174-1 /93) 1 /93 Huntington Beach Municipal Code 17.56.110--17.56. 110 Flammable or combustible liquids or any- waste liquid containing crude petroleum or its products shall not be discharged into or upon any street, highway drainage canal or ditch, storm drain, sewer or flood-control channel , lake or tidal waterway, or upon the ground. (3174-1/93) Storage is prohibited on top of the tank(s) . (3174-1 /93) TANK IDENTIFICATION: Aboveground storage tanks over 100 gallons (water capacity) permanently installed, mounted ox affixed and used for the storage of Class I, II or III-A liquids shall bear the label or placard in accordance with U.F.C. Standard Number 79-3 identifying the material within. A placard shall also be installed mounted or affixed adjacent to the "Emergency Shut-off" sign. (See U.F.C. Section 79.110) (3174-1/93) TANK FILLING OPERATIONS: Delivery operations shall comply with applicable requirements of NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids. (3174-1 /93) The delivery vehicle shall be separated from any aboveground tank by at least twenty-five (25' ) feet (7.6m) . Tank filling shall not begin until the delivery operator has determined tank ullage (available capacity) . The delivery hoseline shall not exceed fifty (50' ) feet. (3174-1 /93) A dry break coupling shall be installed at a point where connection and disconnection is made from the delivery vehicle to any aboveground tank. This device shall be protected from tampering and physical damage. A sign stating "Do not remove or tamper with the Dry Break Coupling" shall be affixed adjacent to the coupling. (3174-1 /93) An overFILL protection system approved by the Fire Chief is required. The tank shall be equipped with an overSPILL box to contain any spill at the fill opening during delivery operations, if required by the Fire Chief. (See NFPA 30A Section 2.4.8.2 to 2.4.8.5) (3174-1 /93) �,. 1 /93 17.56.110--17.56.110 Huntington Beach Municipal• Code TESTING: All tank and piping shall be tested in a manner acceptable to the jurisdiction. (See U.F.C. Section 79.708) (3174-1/93) FENCING: Fencing shall be provided for all installations. Fencing shall not be less than six (6' ) feet in height, constructed of wire mesh, solid metal sheathing or masonry. Fencing shall be so located as to provide protection from tampering or trespassing. (3174-1/93) EXCEPTION: Tanks are not required to be enclosed within a fence if the property on which the tanks are located already has a perimeter security fence. (See U.F.C. Section 79.406) (3174-1/93) MAINTENANCE TESTING: The integrity of the primary and secondary tanks shall be tested annually or after a significant event or possible breach of integrity, by the tank owner or operator using the tank monitoring port. All test results shall be maintained on the premises for three (3) years and shall be made available to the Fire Chief upon request. (See U.F.C. Sections 79.902 (e) and (f)) (3174-1/93) The tank integrity tests at a minimum shall : (3174-1/93) 1 . Test for vapor in the interstictial space. (3174-1/93) 2. Secondary tank - vacuum or pressure procedure approved by the Fire Chief. (3174-1/93) i COMMUNICATIONS: During hours of operation, the system' s site shall be provided with a fire alarm transmitting device. Such a device may be a telephone that is readily available. (See U.F.C. Section 79.902(i ) (1988)) (3174-1 /93) SUPERVISION: Where dispensing of Class I, II , or III-A liquids is performed a listed automatic-closing-type nozzle valve shall be used incorporating the following features (See U.F.C. Section 79.903) (3174-1 /93) 1 . The hose nozzle valve shall be equipped with an integral latch-open device. (3174-1/93) 1 /93 Huntington Beach Municipal Code 17.56. 110--17.56. 110 2. When the flow of product is normally controlled by devices or equipment other than the nozzle valve, the hose nozzle valve shall not be capable of being opened unless the delivery hose is pressurized. If pressure to the hose is lost, the nozzle shall close automatically. (3174-1 /93) Exception: Vapor recovery nozzles incorporating Insertion Interlock devices designed to achieve shut-off upon disconnection with vehicle fill pipe. , (3174-1/93) 3. (a) The hose nozzle shall be designed in such a way that the nozzle is retained in the fill pipe during the filling operation. (3174-1 /93) (b) Supervision: The dispensing of Class I and Class II liquids into a fuel tank of a vehicle or into a container shall at all times be under the supervision of a qualified attendant. (3174-1/93) Exception: Supervision by a qualified attendant is not required at locations, provided: (3174-1 /93) 1 . The owner or operator provides and is accountable for: (3174-1 /93) A. At least daily site visits. (3174-1 /93) B. Regular equipment inspection and maintenance. (3174-1/93) C. Conspicuously posting instructions for safe operation of dispensing equipment. (3174-1 /93) D. Posting the phone number of the owner operator. (3174-1 /93) 2. A sign in addition to that required in Section 79.903(d) is posted in a conspicuous location stating: (3174-1/93) 1 /93 a r 17.56. 110--17.56. 120(b) Huntington Beach Municipal Code IN CASE OF FIRE OR SPILL 1 . Use Emergency pump shut—off 2. Report the accident FIRE DEPARTMENT #: 911 FACILITIES ADDRESS 3. Dispensing equipment complies with one (1 ) of the following: (3174-1 /93) A. The amount of fuel being dispensed ,is limited- in quantity by a preprogrammed card set to limit fuel delivery to twenty—five (25) gallons and shall require a manual action to resume continued delivery, or (3174-1/93) B. Product delivery hoses are equipped with a listed emergency breakaway device designed to retain liquid on both sides of the breakaway point. Such double—breakaway devices shall be installed and mai ntai ned. i n accordance with manufacturer' s instruction. (3174-1/93) 79.903(b) — Refer to Article 29. (3174-1/93) 79.903(c) to read as follows: (3174-1/93) (c) Portable Containers and Tanks. Class I, II, or III—A liquid shall not be dispensed into portable containers unless such container is of approved material and construction, having a tight closure with screwed or spring cover so designed that the contents can be dispensed into without spilling. Dispensing into portable tanks is prohibited. (3174-1 /93) Class I , II, or III—A liquid shall not be dispensed into cargo tanks unless the tanks are approved tanks of 110 gallon aggregate capacity or less and permanently mounted to the vehicle frame of the motor vehicle. Cargo tanks with a capacity of over 110 gallons shall be filled at a bulk plant/terminal . (3174-1/93) 17.56.115 Section 79.907 amended--Drainage and Waste Disposal . Refer to Article 29. (3174-1 /93) 17.56.120 Section 79.1102 amended--Location. (3174-1 /93) (b) Streets and Highways. No oil well shall be drilled within twenty—five (25' ) feet of any dedicated public street, highway or nearest rail or a railway being used as such. (3174-1 /93) 1 /93 Huntington Beach Municipal Code 17.56. 120(c)--14.56. 140 (c) Buildings. The distances set out in this subsection, at the discretion of the Chief, may be reduced if: (3174-1 /93) I 1 . Fire protection system is installed in or on the structure to meet the standards and specification of the City of Huntington Beach. (3174-1 /93) 2. The proposed structure has a six W ) foot masonry wall to act as a fire separation. (3174-1/93) 3. Or an alternate means of fire protection approved by the Fire Chief. (3174-1/93) 17.56.125 Section 79.1103 amended--Waste Control . (3174-1 /93) (b) Discharge and Combustible Materials on Ground. As follows: The surface of the ground under, around or near wells, pumps, boilers, oil storage tanks or buildings shall be kept free of oil , waste oil , refuse or waste material . (3174-1 /93) 17.56.130 Section 79.1104 amended--Sumps. (3174-1 /93) (b) Backfilling Sumps. The maintenance of any sump or other basin for the retention of oil-or petroleum products in the City is prohibited. (3174-1/93) 17.56.135 Section 79.1112 ADD--Huntington Beach Oil Code. (3174-1/93) { ADD--The Huntington Beach Oil Code (Huntington Beach Municipal Code Title 15) is incorporated herein by reference, and declared to be part of the Huntington Beach Fire Code as though set out in full herein. (3174-1 /93) 17.56.140 Section 80.105--amended Unauthorized Discharges. (3174-1 /93) (e) Responsibility for Cleanup. (3174-1/93) 1 . 1st Clean-Up Criteria. Soils sampled during site assessments that fail California Assessment Manual (CAM) criteria for hazardous waste will be excavated and disposed of at a proper disposal site. Laboratory tests used in this determination are pH (EPA-9045) , CAM Metals (total ) , and Volatile Chlorinated and Aromatic Hydrocarbons (EPA-8240) as described in 80. 105(e)6, Site Assessment and Laboratory Specifications. (3174-1 /93) 2. 2nd Clean-Up Criteria. Comparison of the total petroleum hydrocarbons (TPH) concentration in soils sampled during the site assessment shall be made with the .screening criteria in 80. 105(e) Table 1 . If the. sample results meet the Table 1 criteria, no further testing or remediation work will be required. (3174-1 /93) If the TPH exceeds the screening criteria, the laboratory will perform the additional analyses specified (EPA-8020, EPA-8270) . Further delineation of the contaminated soil through use of additional borings, additional trenches or by excavation and stockpiling must be performed to determine the lateral and vertical 1 /93 1 , 17.56.140(e)2--17.56.140(e)5 Huntington Beach Municipal Code extent of soil exceeding Table 1 criteria. Samples obtained during this delineation will be analyzed for screening criteria listed in Table 1 (EPA-418. 1 and EPA-8015) . If sample results exceed the screening criteria in Table 1 , the laboratory shall be instructed to run the analyses specified in 80. 105(e) Table 2 (EPA-8020, EPA-8270) unless the applicant chooses to excavate the contaminated soil to meet criteria in Table 1 without proceeding to further analyses specified in Table 2. Soils which contain less than the screening levels specified in Table 2 shall not be required to undergo soil remediation provided that EPA 418.1 and EPA 8015M Total Petroleum Hydrocarbon concentrations are less than 100% excess of Table 1 screening criteria levels. (3174-1/93) 3. Depth of Contaminated Soil Removal . Soil contamination in excess of the 80.105(e) Tables 1 and 2 criteria extending deeper than twenty (20) feet below ultimate finished grade or within five (5) feet of the groundwater table, whichever is shallower, and not exhibiting characteristics of material considered hazardous for disposal purposes may be considered for non—remediation. Approval for non—remediation shall be by certification of the Fire Department and shall be issued with appropriate findings. The lateral and vertical extent of this contaminated material left in place shall be determined using Table 1 criteria. This extent shall be reported- to the City and disclosed to subsequent property owners in a format approved by the Fire Department. (3174-1/93) Surface structures within one hundred (100) feet of the lateral extent of the contaminated soil shall be built with vapor barriers in accordance with applicable City specifications. (3174-1 /93) 4. Disposition of Stockpiled Soil . Soil that is stockpiled on site as a result of criteria applied above can be evaluated for reuse on site. The reuse options may include, but are not limited to, on site remediation and resampling to meet the criteria in 80. 105(e) Table 1 and/or 2 or reuse of the soil as road subgrade where applicable. Specifications for reuse of crude oil contaminated soil as road subgrade are identified in 80. 105(e)7. (3174-1 /93) Soil that is planned for reuse on site should be sampled at a frequency sufficient to adequately characterize the degree and composition of the contamination. A sampling plan shall be submitted to the Fire Department for approval prior to reuse. (3174-1/93) 5. On Site Remediation. Soil can be remediated on site as long as it does not exhibit any characteristics of material considered hazardous for disposal purposes. On site remediation must comply with all applicable state, county, federal and city regulations. Remediation activities shall be performed within a designated area. A remediation plan shall be approved by the Fire Department. (3174-1/93) After soil is remediated and reused, the surface of the designated remediation area shall be tested in accordance with provisions identified herein above. A testing plan shall be submitted to the 1 /93 o Huntington Beach Municipal Code 17.56.140(e)5--17.56. 140(e)8 Fire Department for approval as well as a final report which shall summarize the remediation efforts and post remediation test results . (3174-1/93) 6. Site Assessment and Laboratory Specifications. Analyses performed during site assessments of oil fields (other industrial or agricultural uses may require additional analysis) should include pH (EPA-9045) , CAM Metals (total only, soluble if total exceeds ten times (STLC) , Volatile Hydrocarbons (EPA-8240) , Total Recoverable Hydrocarbons (EPA-418.1 ) , Total Fuel Hydrocarbons (EPA-8015) , Semi—Volatile Organics (EPA-8270) and Polychlorinated Biphenyls (EPA-8080) . (3174-1 /93) Vertical limits of hydrocarbon contamination shall be assessed. Sampling shall extend to a depth sufficient to identify at least five- W ) feet of uncontaminated soil or to a depth not greater than five (5' ) feet above the water table in cases where regional groundwater will be impacted by sampling operations. (3174-1 /93) If the landowner chooses to clean—up the site using screening criteria specified in 80. 105(e) Table 2 reanalyses of samples exceeding screening criteria specified in 80. 105(e) Table 1 . The shelf life for the samples must not be exceeded when the reanalyses are run. (3174-1193) The laboratory contract shall specify use of EPA Method 3630 as a clean—up procedure prior to soil analysis for CAPNA' s using EPA-8270 if the 418. 1 results show greater than 1 ,000 ppm. (3174-1/93) Samples representative of a specific site should be obtained consistent with a Phase I historical review of the site. The sampling frequency will vary depending on potential for on site contamination. Sampling should be targeted at identified or suspected contaminated locations on the site. (3174-1 /93) Sampling of areas not suspected to be contaminated shall be done on a random basis according to a Sampling Plan which shall be approved by the Fire Department. (3174-1/93) The Sampling Protocol , both in terms of site specific targets and other random sampling should be formulated in cooperation with the Fire Department. The burden of demonstrating soil cleanup to established limits of contamination shall be the responsibility of the land owner. The Fire Department' s approval of a Sampling Protocol shall be required. (3174-1 /93) A Site Auditor, as identified in 80. 105(e) , 8 shall be a requirement placed on all significantly large oil field properties and on smaller properties where a reasonable large number of contamination sources are deemed to remain unsampled following completion of the approved Sampling Protocol . The requirement for a Site Auditor shall be at the discretion of the Fire Department. (3174-1 /93) 1 /93 17.56.140(e)6--17.56. 140(e)8(3) Huntington Beach Municipal Code Soil sampling shall be carried out using protocols approved by the ` California Leaking Underground Fuel Tank Manual and/or the Orange County Health Department. (3174-1 /93) Analytical results which may be inconsistent or anomalous when compared to other sample data taken as part of the site assessment shall be made a part of the record although the land owner shall have the option of providing additional samples to clarify inconsistencies. The number and location of these samples shall be determined by the land owner. (3174-1/93) 7. Specifications for Reuse of Crude Oil Contaminated Soils as Road Subgrade. Soils must meet criteria listed in 80.105(e) Table 1 and 2. (3174-1/93) t Reused soils must meet compaction requirements. (3174-1/93) Reused soils shall -be placed directly beneath the asphalt cap and underlying aggregate to a maximum depth of four (4) feet below the road surface. Fills deeper than four (4) feet must be approved by the Fire Department based on sufficient findings. (3174-1/93) Potable drinking water lines must be surrounded by clean sand or gravel and approved and inspected by the appropriate City Departments before burial in the roadway. (3174-1/93) A detailed set of drawings must be submitted to the City showing. the plan of reused soils, a cross section of the road base, locations of utility lines and thickness of clean sand and gravel pack placed around these lines. Soil analysis data for the road fill must also be submitted which shall verify compliance with the standards listed in Table 1 and/or Table 2. (3174-1/93) 8. Scope of Contract Specifications for on Site Auditing During Grading Activities. The Auditor shall be an independent environmental or geotechnical consulting company with adequate training to identify petroleum contaminated soils with field instruments and techniques described below. The Auditor shall be licensed by the State of California as a Registered Environmental Assessor. (3174-1/93) Auditors will monitor grading activities for indicators that petroleum hydrocarbons may have contaminated the soils and shall be aware of the situati.ons and procedures: (3174-1 /93) 1 ) Soft spongy-soils that become evident as heavy equipment travels over it. (3174-1 /93) 2) Hydrocarbon odors emanating from the soil . (3174-1 /93) 3) A reading of greater than twenty (20) ppm on a hand held organic vapor monitor (OVM) held three (3) inches from suspected contaminated soils. The meter shall be calibrated at least twice per day. (3174-1 /93) Huntington Beach Municipal Code 17.56. 140(e)8(4)--17.56. 140(e)8 4) A .small vial of solvent can be used to extract a small amount of r-••, soil . If the solvent becomes discolored petroleum may be present. (3174-1/93) ` If any of the indicators above are found, the Auditor shall devise a sampling program capable of ascertaining whether or not waste is classified as hazardous. All sampling procedures shall be in accordance with the protocols established by LUTF and/or the Orange County Health Department. The contamination citing shall be made a part of the record and the Fire Department shall be immediately notified. (3174-1 /93) Sufficient samples shall be analyzed to characterize the vertical and horizontal extent of the potential contaminant. If samples exceed the screening criteria in 80.105(e) Table 1 , the soil must either be removed or reanalyzed and compared to criteria in 80.105(e) Table 2. If the soil is determined to meet the Table 2, criteria, the soil can be incorporated into the fill . If it does not, the soil can be stockpiled for remediation and reuse or removed from the site. (3174-1/93) A report documenting the observations made and samples obtained during grading shall be prepared. This report shall document compliance with the appropriate section of Table 1 and/or Table 2, as applicable. (3174-1/93) Section 80.105(e) • i Table 1 creenina Level for Hydrocarbon Clean-uo Land Use ITPH (418.1) iTPH (8015M) ' k � i Residential & Recreational i <500 ppm i <500 ppm I Commercial & Industrial f <1 ,000 ppm 1 <1 ,000 ppm i Roadway • 0'-4' Below Road Surface in/a i <1 ,000 ppm total ; <100 ' ppm of the <C14 component • >4' Below Road Surface 10 ,000 ppm � 0 '000 ppm (3174-1 /93) 1 /93 17.56. 140(e)8--17.56.140(e)8 Huntington Beach Municipal Code Section 80.105(e) Table 2 Screening Levels for Hydrocarbon Clean-up Land Use BTX & E (8020) PNA (8270)1 F 4 i Residential & Recreational B0 .0 ppm Each CAPNA <0.5 ppm i T,X- & E <10.,0 ppm Total CAPNA' s <3.0 ppm I individually i Commercial & Industrial B0 .0 ppm Each CAPNA<1 .0 ppm t T,X & E <10.0 ppm Total CAPNA' s <6.0 ppm r individually i Roadway 1 I I •0'-4' Below Road Surface B<1 .0 ppm Each CAPNA 0 .0 ppm T,X & E <10.0 ppm Total CAPNA' s <9.0 ppm individually j • >4' Below Road Surface B0 .0 ppm Total CAPNA <6.0 ppm j T,X & E 10.0 <ppm Total CAPNA' s <6.0 ppm individually [lBased on CAPNA' s found in Proposition 65 list, in addition to benzo(g,h,i ) perylenel (3174-1 /93) 17.56.145 Section 81 .108--amended Aisles. Section 81 . 108 is hereby amended by adding subsection (a)4 to read as follows: (3174-1 /93) (a) Aisles (3174-1 /93) 4. shall comply with the requirements for exits and the following: (3174-1 /93) 1 . When mechanical stocking methods are utilized, the minimum aisle width shall be eight (8) feet. (3174-1 /93) 2. When manual stocking methods are utilized, the minimum aisle width shall be forty-four (44) inches. (3174-1 /93) 3. During the stocking operation, a minimum exit width of forty-four 1 (44) inches shall be maintained. (3174-1 /93) 1 /93 Huntington Beach Municipal Code 17.56.145--17.56.155(6)(a) 4. When cross aisles are provided the maximum required width shall be fourteen (14) feet. (3174-1 /93) 5. Aisles shall not have a dead end greater than twenty (20) feet in length. (3174-1/93) 17 56 150 Adopt Appendix I-A amended--Life safety requirements for existing buildings other than high rise. (3174-1/93) 1 . GENERAL. (3174-1 /93) (a) Purpose. EXCEPTION: Group R, Division 1 less than seven (7) units, Group R, Division 3; Group M; and high rise pccupancies. (3174-1 /93) 2. EXITS. (3174-1 /93) (b) Corridors. EXCEPTION: Existing corridor walls, ceilings, and protection for opening not in compliance with the above may be permitted when such buildings are equipped with an approved automatic sprinkler system throughout to comply with the standards and specifications of the Huntington Beach Fire Department. (3174-1 /93) 17.56.155 Appendix II-C amended--Marinas. (3174-1 /93) 2. GENERAL. Plans for marina fire-protection facilities shall be approved by the Chief prior to installation. The completed work shall be subject to final inspection and approval after installation. Two (2) sets of plans shall be submitted to the Fire Department indicating: (3174-1/93) (a) The dock layout. (3174-1/93) (b) The location of wet standpipe outlets , accompanied by pipe schedules and hydraulic calculations. (3174-1/93) (c) Location of fire extinguisher cabinets. (3174-1 /93) 6. FIRE-PROTECTION EQUIPMENT. All piers, wharves, floats with facilities for mooring or servicing five (5) or more vessels , and marine service stations shall be equipped with fire protection equipment as follows: (3174-1 /93) (a) A wet standpipe system shall be installed on all docks , piers, wharves, or marine service stations that exceed one hundred (100) feet in length or are otherwise inaccessible from City fire hydrants . The wet standpipe system shall be capable of delivering two-hundred and fifty (250) gallons per minute at a residual pressure of fifty (50) psi at the outlet. The outlet shall be a two-and-one-half (2 1 /2) inch national standard thread with an approved gate valve. Outlets shall be spaced at two hundred (200) foot intervals , in approved locations, preferably at point of public access. Outlets shall be installed so that they are readily visible, unobstructed and readily - discernible as a piece of firefighting equipments. (3174-1 /93). 1 /93 17.56. 155(6)(b)--17.56. 160 Huntington Beach Municipal Code (b) Piers and wharves shall be provided with fire apparatus access roads and water supply systems with on-site fire hydrants as may be required by the Chief. Such roads and water systems shall conform to Article 10 of this code. (3174-1 /93) (c) The wet standpipe system shall be provided with a Fire Department siamese connection which shall be located within five (5) feet of the nearest fire apparatus access roadway. (3174-1 /93) (d) PORTABLE FIRE-PROTECTION EQUIPMENT. (3174-1 /93) 1 ) A 4A, 40-B:C fire extinguisher shall be located every one hundred and fifty (150) feet along the dock. The fire extinguisher shall be located in a standard fire extinguisher cabinet with a breakable glass front. The cabinet shall have placards on both sides with the words ' FIRE EXTINGUISHER' and either have an additional placard on the front or shall be easily recognized from the front as a fire extinguisher cabinet. (3174-1/93) 2) The Chief shall designate the type and number of all other fire appliances to be installed and maintained in each marina. (3174-1/93) 7. TRANSMISSION OF ALARMS. ` (3174-1/93) A means for transmitting alarms immediately to the Fire Department shall f be available pursuant to the standards and specification of the Huntington Beach Fire Department. (3174-1/93) 17.56.160 Adopt Appendix II-E amended--Hazardous Materials Management Plan and Hazardous Materials Inventory Statement. (3174-1 /93) 1 . SCOPE ADD--The Huntington Beach Municipal Code, Chapter 17.58 is incorporated herein by reference, and declared to be part of the Huntington Beach Fire Code as though set out in full herein. The intent of Appendix II-E and Municipal Code Chapter 17.58 is deemed to be substantially equivalent in intent. (3174-1 /93) 1 /93 r a , > l i CITY OF HUNTINGTON BEACH ORDINANCE CODE UPDATES Effective 12/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 9061 t Article 9061 Article 930 Article 930 Laura A. Nelson, Deputy -� Records Division 374-1559 0171N , Huntington Beach Ordinance Code 9060 Article 906 DISTRICTS (495-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1 /61 , 822-4/61 , 880-1 /62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , 1845-7/73, 1944-11/74, 1988-7/75, 2024-3/76, 2134-1 /77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1 /73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1 /92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92, 3177-12/92) Sections: 9060 Districts 9061 District maps 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: (2830-5/86) RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional Cl Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial M1-A Restricted Manufacturing M1 Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space S1 Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil suffix -CD Civic District suffix 01 CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification 12/92 9060--9061 Huntington Beach Ordinance Code The following designations also appear on the sectional district maps. They refer to specific plans that are available under separate cover from the City Clerk and Community Development. (2905-A-11 /87) North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan Seacliff Specific Plan Ellis-Goldenwest Specific Plan Meadowlark Specific Plan < Holly-Seacliff Specific Plan Magnolia Pacific Specific Plan (495-6/46, 731-10/59, 737-12/59, 807-1 /61 , 822-4/61 , 880-1 /62, 881-1/62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71', 1845-7/73, 1944-11 /74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87) 9061 District Maps. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (2830-5/86) (737-11/59, 754-4/60, 2830-5/86, 2905-A-11 /87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90 ["Whitehole" Res No 6119 goes with this ordinance] , 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1 /92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3.167-9/92, 3168-9/92, 3164-10/92, 3177-12/92/DM 14) 12/92 h Huntington Beach Ordinance Code 9300 i Chapter 93 SPECIAL DEVELOPMENTS Articles: 930 Specific Plans 936.5 Residential Condominium Conversion 937 North Huntington Center Specific Plan Article 930 SPECIFIC PLANS (2550-5/82, 2606-3/83, 2617-6/83, 2647A-11 /83, 2647B-11 /83, 2647C-11 /83, 2797-10/85, 2929-4/88, 2942-6/88, 2959-10/88, 2960-10/88, 2970-12/88, 2981-1 /89, 2998-7/89, 3001-7/89, 3071-11/90, 3128-5/92, 3143-7/92, 3170-10/92, 3177-12/92) (Not Codifiable) Waterfront Master Plan: 2962-11 /88) Sections: 9300 Specific plans 9300 Specific plans. The following specific plans are on file in the office of the City Clerk and the Department of Community Development: (a) Seabridge Specific Plan. (2550-5/82, 2606-3/83, 2617-6/83, 2797-10/85) (b) Huntington Harbor Bay Club Specific Plan. (2606-3/83) (c) Downtown Specific Plan (c-1 ) Downtown Specific Plan Areas 1 , 7, and 8-A. (2647A-11 /83, 2942-6/88, 3071-11 /90) (c-2) Downtown Specific Plan Areas 2 and 6. (2647B-11 /83, 3071-11 /90) (c-3) Downtown Specific Plan Areas 3, 4, 5, 8-B, 9, 10 and 11 . (2647C-11 /83, 2960-10/88, 2981-1 /89, 3071-11 /90) (d) Seacliff Specific Plan (2959-10/88, 3143-7/92) (e) Ellis-Goldenwest Specific Plan. (2998-7/89) (f) Meadowlark Specific Plan. (2970-11 /88, 3001-7/89, 3081-12/90) (g) Holly-Seacliff Specific Plan. (3128-5/92, 3145-6/92, 3170-10/92) (h) Magnolia Pacific Specific Plan. (3177-12/92) 12/92 Huntington Beach Ordinance Code 9060 Article 906 DISTRICTS (465-6/46, 731-10/59, 737-12/59, 754-4/60, 807-1 /61 , 822-4/61 , 880-1 /62, 881-1 /62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11 /71 , 1845-7/73, 1944-11 /74, 1988-7/75, 2024-3/76, 2134-1 /77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1/73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11 /87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90, 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1 /92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92) Sections: 4 9060 Districts 9061 District maps 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings ; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot MH Mobilehomes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suffix OP Office Professional Cl Neighborhood Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial Ml-A Restricted Manufacturing M1 Light Industrial M2 Industrial SP-1 , SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space S1 Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil suffix -CD Civic District suffix CF Community Facilities Overlay -MS Multi-story suffix Q Qualified classification 10/92 9060--9061 Huntington Beach Ordinance Code The following designations also appear on the sectional district maps. They , refer to specific plans that are available under separate cover from the City Clerk and Community Development. North Huntington Center Specific Plan Pacifica Community Plan Seabridge Specific Plan Huntington Harbour Bay Club Specific Plan Downtown Specific Plan (465-6/46, 731-10/59, 737-12/59, 807-1/614 822-4/61 , 880-1/62, 881-1 /62, 1564-4/70, 1565-4/70, 1599-10/70, 1677-11/71 , 1845-7/73, 1944-11 /74, 1988-7/75, 2024-3/76, 2134-1/77, 2199-7/77, 2488-5/81 , 2490-7/81 , Urg. 2604-1 /73, 2620-7/83, 2641-10/83, 2656-12/83, 2657-12/83, 2659-12/83, 2660-12/83, 2735-12/84, 2830-5/86, 2905-A-11/87) 9061 District Maps. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach: (737-11/59, 754-4/60, 2830-5/86, 2905-A-11/87, 3028-2/90, 3029-2/90, 3030-2/90, 3033-5/90 ["Whitehole" Res No 6119 goes with this ordinance] , 3098-4/91 , 3102-4/91 , 3120-8/91 , 3126-1/92, 3128-5/92, 3142-6/92, 3146-7/92, 3153-7/92, 3154-7/92, 3155-7/92, 3156-7/92, 3157-7/92, 3158-7/92, 3159-7/92, 3160-7/92, 3166-9/92, 3167-9/92, 3168-9/92, 3164-10/92) i 10/92 e a Huntington Beach Ordinance Code 9300 Chapter 93 SPECIAL DEVELOPMENTS Articles• 930 Specific Plans 936.5 Residential Condominium Conversion 937 North Huntington Center Specific Plan Article 930 SPECIFIC PLANS (2550-5/82, 2606-3/83, 2617-6/83, 2647A-11 /83, 2647B-11 /83, 2647C-11 /83, 2797-10/85, 2929-4/88, 2942-6/88, 2959-10/88, 2960-10/88, 2970-12/88, 2981-1 /89, 2998-7/89, 3001-7/89, 3071-11/90, 3128-5/92, 3143-7/92) (Not Codifiable) Waterfront Master Plan: 2962-11 /88) Sections: 9300 Specific plans 9300 Specific plans. The following specific plans are on file in the office of the City Clerk and the Department of Community Development: (a) Seabr edge Specific Plan. (-2550-5/82, 2606-3/83, 2617-6/83, 2797-10/85) (b) Huntington Harbor Bay Club Specific Plan. (2606-3/83) (c) Downtown Specific Plan (c-1 ) Downtown Specific Plan Areas 1 , 7, and 8-A. (2647A-11/83, 2942-6/88, 3071-11/90) (c-2) Downtown Specific Plan Areas 2 and 6. (2647B-11 /83, 3071-11/90) (c-3) Downtown Specific Plan Areas 3, 4, 5, 8-B, 9, 10 and 11 . (2647C-11/83, 2960-10/88, 2981-1/89, 3071-11/90) (d) Seacliff Specific Plan (2959-10/88, 3143-7/92) (e) . Ellis-Goldenwest Specific Plan. (2998-7/89) (f) Meadowlark Specific Plan. (2970-11/88, 3001-7/89, 3081-12/90) (g) Holly-Seacliff Specific Plan. (3128-5/92, 3145-6/92) II y 7/92 i 17.56..010--17.56.010 Chapter 17.56 UNIFORM FIRE COD� (105-5/13, 413-5/38, 458-6/42, 1131-4/65, 1414-6/68, 1499-5/69, 1884-12/73, 1900-3/74, 2121-12/76, 2188-6/77, 2430-1/70, 2480-7/80, 2638-9/83, 2865-11/86, 3020-12/89) Sections' 17.56.010 Adoption 17:56.020 Definition 17.56.030 Appeals 17.56.040 New materials, processes or occupancies--Permits 17.56.050 Section 3.101 amended--Unlawful continuance of a fire hazard 17.56.060 Section. 10.207(c) amended--Fire apparatus access roads 17.56.070 Section 10.301 amended--Installation and maintenance of fire-protection, life-safety systems and appliances 17.56.080 Section 10.305 amended--Installation of fixed fire protection system T7.56.090 Section 10.306(b) amended--Automatic fire extinguishing .systems 17.56.100 Section 10.306(c) amended--Group A. Occupancies 17.56. 110 Section 10.30W) amended--Group B, Division 2 occupancies .; , 17.56. 120 Section 10.306(i ) added--Automatic fire extinguishing systems--Group R, Division 3 occupancies 17.56.130 Section 10.308 amended--Permissible sprinkler ommissions 17.56. 140 Table 10.309 amended--Standpipe requirements 17.56'.150 Section 11 .114 amended--Offensive smoke and odors 17.56.160 Section 14.104(d) amended--Fire alarm systems--Required installations--High-rise office buildings and Group R, Division 1 occupancies 17.56.170 Section 77.201 (p) amended--Storage of explosives 17.56.180 Section 79. 109 amended--Tank identification 17.56. 190 Section 79.501 amended--Stationary tank storage, above ground outside of buildings 17.56.200 Section 79.601 amended--Tank storage underground, outside or under buildings 17.56.210 Section 79.1103(b) and (e) amended--Location of well 17.56.220 Section 79.1104(b) amended--Discharge upon a street or water channel 17.56.230 Section 79.1105 amended--Sumps 17.56.240 Section 79.1113 added--Huntington Beach Oil Code 17.56.250 Section 79. 1701 amended--Transportation pipelines--Permits 17.56.260 Section 81 . 108 added--Aisles 17.56.270 Adopt Appendix I-A amended--Life safety requirements for existing buildings other than high rise 17.56.280 Appendix II-C amended--Marinas 17.56.290 Adopt Appendix II-E amended--Hazardous materials management plan and hazardous materials inventory statement 17.56.010 Adoption. There is adopted by the City Council , for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code and standards known as the Uniform Fire Code, including Appendices I-A, I-B, I-C, II-A, II-C, II-E, III-A, III-C, 12/89 17.56.010--17.56.010(b) IV—A and VI—A and amendments thereto, published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1988 edition thereof and the 1989 supplement to the Uniform Fire Code and the whole thereof, save and except those portions as are hereinafter modified or amended, of which code and standards not less than one (1 ) copy has been and is now filed in the office of the City Clerk, and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which such Uniform Fire Code shall take effect, the provisions thereof shall be controlling within the limits of the city of Huntington Beach and shall hereinafter be referred to in this chapter as the Huntington Beach Fire Code. (1131-4/65, 1414-6/68, 1900-3/74, 2188-6/77, 2430-7/80, 2638-9/83, 2865-11/86, 3020-12/89) 17.56.020 Definition. Wherever the word "Jurisdiction" is used in the Huntington Beach Fire code, it shall mean the city of Huntington Beach. (1131-4/65, 1414-6/68, 2188-6/77, 2430-7/80, 2638-9/83, 2865-11/86, 3020-12/89) 17.56.030 Appeals. Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that provisions of this code do not apply, or that the true intent and meaning of this code has-been misconstrued or wrongly interpreted, the applicant or permittee may appeal from the decision of the Chief of the Fire Department to the Huntington Beach appeals board within thirty (30) days from the date of the decision. appealed. (1414-6/68, 1900-3/74, 2188-6/77, 2430-7/80, 2638-9/83, 2865-11 /86, 3020-12/89) 17.56.040 New materials. processes or occupancies--Permits. The City Administrator, the Chief of the Fire Department, and the Chief of the Fire Prevention Division shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in this code. The Chief of the Fire Prevention Division shall post such list in a conspicuous place in his office, and distribute copies to interested persons. (1414-6/68, 1900-3/74, 2188-6/77, 2430-7/80, 2638-9/83, 2865-11/86, 3020-12/89) 17.56.050 Section 3.101 amended--Unlawful continuance of a fire hazard. Section 3.101 is amended by hereby adding subsections (a) , (b) , (c) to read as follows: (3020-12/89) (a) Uniform Fire Code Section 3. 101 (a). Except as provided in Section 3. 101(b) any person operating or maintaining any occupancy, premises or vehicle in violation of this code shall be guilty of an infraction. (b) Section 3. 101 (b) . Any person who shall fail to take immediate action to abate a Fire or Life Safety Hazard when ordered or notified to do so by the Chief or his duly authorized representative or who violates the following sections of this code or the Municipal Code shall be guilty of a misdemeanor: UNIFORM FIRE CODE 3. 101 Unlawful continuance of a hazard 12/89 a 17.56.050(b)--17.56.070 t C 3.102 Compliance with order or notice 3.103 Compliance with condemnation tag 3. 104 Destruction of signs or tags 10.102 Interference with Fire Department 10.201 Tampering with fire equipment 10.202 Tampering with fire hydrant or appliance 10.204 Tampering barricades 11 .103 Discard burning objects 11 .302 False alarms 77.106 Manufacturing of explosives 77.301 Use and handling 77.302 Transportation of explosives HUNTINGTON BEACH MUNICIPAL CODE OIL 15.20.120 Wellhead Safety Equipment 15.20.130 Blowout Prevention 15.24.040 Releasing of Fluids 15.28.010 Waste Water System 15.32.020 Production Report-Failure 15.32.030 Production Report-False HAZARDOUS MATERIALS 17.56.050 Users of hazardous materials--Disclosure required 17.58.110 Identification 17.58.130 Approved key box and location (c) Each such violation will be deemed a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter or of the code adopted hereby is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. 17.56.060 Section 10.207(c) amended--Fire apparatus access roads. Section 10.207(c) is amended to read as follows: The minimum unobstructed width of a fire apparatus access road shall be twenty-four (24) feet. Fire access streets, drives or roads adjacent to building fronts in commercial centers shall not be less than twenty-seven (27) feet wide. (2188-6/77, 2430-7/80, 2638-9/83, 2865-11/86, 3020-12/89) 17.56. 70 Section 10.301 amended--Installation and maintenance of fire-protection. life-safety systems !Ind appliances. Subsection (g) is hereby added to Section 10.301 to read as follows: (3020-12/81 ) This section applies to all Group B, Division 2 office and Group R, Division 1 Occupancies, each having floors used for human occupancy located more than fifty-five (55) feet above or below the lowest level of Fire Department vehicle access. Fire, life, and emergency systems shall conform to UBC Section 1807 and the city of Huntington Beach Fire Department Specification Number 417. 12/89 17.56.080--17.56.110 17.56.080 Section 10.305 ae nded--Inst4llation of fixed fire protection system. Section 10.305 is amended by deleting exceptions- from subsection (d) to read as follows: (3020-12/89) (d) Standards. Fire extinguishing systems shall comply with UBC Standards Rios: 38-1 and 38-2, standards of the State Fire Marshal , and standards of the Huntington Beach Fire Department. Whenever such standards may conflict, the most restrictive shall apply. (2865-11/86, 3020-12/89) 17.56.090 Section 10.306(b) amended--Automatic fire extinguishing systems. Section 10.306(b) is amended by deleting "except Group R, Division 3" from the subtitle and hereby adding subsection number` 5 to read as follows: (3020-12/89) (b) All occupancies except Group M. 5. Whenever the total gross floor area exceeds five—thousand (5,000) square feet for new construction, additions to existing buildings or change of occupancy classification or as required below. 17-56.100 Section 10.306(c) amended--Group A. Occupancies. Section 10.306(c) numbers 1 and 3 are amended and numbers 6, 7, and 8 are hereby added to read as follows: (3020-12/89) (c) Group A Occupancies. 1 . Drinking Establishments. An automatic sprinkler system shall be installed in rooms used by the occupants for the consumption of alcoholic beverages and unseparated accessory uses where the total area of such unseparated rooms and assembly uses exceeds five—thousand (5,000) square feet. For uses to be considered as separated, the separation shall be not less than as required for a four (4) hour occupancy separation. The area of other uses shall be included unless separated by at least a four (4) hour occupancy separation. 3. Exhibition and display rooms. An automatic sprinkler system shall be installed in Group A occupancies which have more than five-thousand (5,000) square feet of floor area which can be used for exhibition or display purposes. 6. Other areas. Throughout the building where there is a stage or enclosed platform. 7. Throughout the building where a portion of the building above the first (1st) floor is used for drinking and/or dining. 8. Throughout the building when a portion of the building above the first (lst) floor is used for any assembly purpose, other than drinking and/or dining, with an occupant load of fifty (50) or more persons. 17.56.110 Section 10,,306(d) amended--Group B. Division 2 occupancies. Section 10.306(d) is amended to read as follows: (3020-12/89) 12/89 17.56.110(d)--17.56.140 (d) Group B, Division 2 Occupancies. An automatic sprinkler system shall be installed in retail sales rooms classed as Group B, Division 2 Occupancies where the floor area exceeds five-thousand (5,000) square feet gross floor area or in Group B, Division 2 retail sales occupancies more than three (3) stories in height. The area of mezzanines shall be included in determining the areas where sprinklers are required. 17.56.120 Section 10.3060) adder--Automatic fire extinguishing systems-=Group R. Division 3 occupancies. Section .10.306 amended by hereby . adding subsection (i) to read as follows:(3020-12/89) M Group R, Division 3 Occupancies. An automatic sprinkler system complying with Huntington Beach Fire Department Standards shall be installed when the total gross floor area exceeds five-thousand (5,000) square feet, or has an occupied floor over three stories, or is over thirty (30) feet in height, as determined by Department of Community Development. 17.56.130 Section 10.308 mended--Permissible sprinkler omissions. Section .10.308 is amended by adding thereto number 6 to read as follows: (3020-12/89) 6. When the gross square footage of the building is divided into nonsprinklered units by four (4) hour masonry fire resistive separation walls, the building will not require sprinklers. The four (4) hour masonry walls shall have no openings, shall have parapets thirty (30) inches above the roofline, and 3xtend horizontally to separate exterior ;combustible cornices, canopies, etc. EXCEPTION: If four (4) hour masonry walls are not extended horizontally, a five (5) foot distance shall be provided between the four (4) hour masonry wall' and exterior combustible cornices, canopies, etc. (2865-11/86, 3020-12/89) 17.56.140 Table 10.309 amended—Standpipe requirements. Table 10.309--Standpipe Requirements and footnotes thereto are amended to read as follows: (3020-12/89) No. 5 under "Occupancy", Table 10.309, is amended as follows: "Groups I, H, B, Div. 1 , 2 or 3 occupancies and Group R, Div. 1 occupancies less than four (4) stories high but greater than ten-thousand (10,000) square feet per gross floor area." No. 5 under "Sprinklered Building, " "Standpipe Class," Table 10.309,, is amended as follows: delete "No Requirement" add "Class III" Footnote No. 7, "Nonsprinklered Building," is added to read as follows: "Open structures to be Class I and II." (2965-11/86) 12/89 17.56. 150--17.56. 190(b) 17.56.150 Section 11 .114 amended--Offensive smoke and odors. Section ll .114 is amended to read as follows: (3020-12/89) No material shall be burned, under permit or otherwise, which shall , in burning, cause or create a dense smoke or odor. 17.56.160 Section 14.104(d) amended--Fire alarm systems--Required installations--High-rise office buildings and Group R. Division 1 occupancies. Section 14.104(d) is amended to read as follows: (3020-12/89) (d) .High-rise Office Buildings and Group R, Division 1 Occupancies. A fire alarm and communication system complying with the provisions of Section 1807 of the Building Code shall be installed in: A. Group B, Division 2 office buildings having floors used for human occupancy located more than fifty-five (55) feet above the lowest level of Fire Department vehicle access. B. Group R, Division 1 Occupancies having floors used for human occupancy located more than fifty-five (55) feet above the lowest Fire Department vehicle access. 17. .170 Section 77.201(p) amended—Storage of explosives. Section 77.201 (p) is amended to read as follows: (3022-12/89) (p) When an explosive has deteriorated to an extent that it is in an unstable or dangerous condition, or if nitroglycerin leaks from any explosive, then the person in possession of such explosive shall immediately report the fact to the Chief and, upon his authorization, shall proceed to destroy such explosives and clean floors stained with nitroglycerin in accordance with the instructions of the manufacturer. Destroying of explosives shall be done under the direction of Huntington Beach Police Department Personnel , who, have been trained and authorized by the Chief of Police. 17.56.180 Section 79.109 amended--Tank identification. Section 79.109 is amended by deleting the exception. (3022-12/89) 17 56 190 Section 79 501 amended--Stationary tank storage above ground outside of buildings. Section 79.501 is amended to read as follows, and by adding. thereto the following exception: Restricted Loc Lions. The limits referred to herein prohibiting the storage of Class I and II liquids in outside, above ground tanks are hereby established for all commercial land use districts as defined in the Huntington Beach Ordinance Code. i EXCEPTIONS: (a) Bulk plants may exist in M2 industrial districts only. (b) Class III liquids may only be stored on properties with an 0 or 01 suffix. 12/89 17.56.190(c)--17.56.230 (c) Class II liquids may be stored temporarily on construction sites with the approval of the Fire .Chief. (1131-4/65, 1414-6/68,. 1900-3/14, 2188-6/77, 2431-7/80, 2638-9/83, 2865-11/86, 3020-12/89) 17.56.200 Section 79.601 amended--Tank storage underground. out side 6r under buildibas. Secton 79.601 is amended to read as follows: (3020=1'2/89) (a) Location. A flammable or combustible liquid storage tank may be located underground, outside of or under a building if such installation meets the requirements of this section. The tank shall be so located with respect to existing foundations and support that, the loads carried buy .the latter cannot be transmitted to the tank. The distance from any part of a tank storing liquids to the nearest wall of any basement, pit, cellar or property line shall be not less than three (3) feet. A minimum distance of one (1 ) foot, shell to shell , shall be maintained between underground tanks. The installation of underground combustible/flammable liquid tanks is hereby prohibited in all residential districts. The Fire Chief may authorize installation of underground combustible/flammable liquid tanks in agricultural districts. (2430-7/80, 2638-9/83, 2865-11/86, 3020-12/89) 17.56.210 Section 79.1103(b) and (e) amended--Location of well . Subsection (b) and (e) of section 79.1103 are hereby amended to read as follows: (3020-12/89) (b) No oil well shall be drilled within twenty-five (25) feet of any dedicated public street, highway or nearest rail of a railway being used as such. (e) The distances set out in subsection (a), (b), (c) and (d) of this section, at the discretion of the Chief, may be reduced if: (1 ) Sprinklers are installed in the structure to meet the standards and specification of the city of Huntington Beach, and (2) The proposed building has a six (6) foot masonry wall separating the oil well from the building, and (3) The proposed building has a noncombustible roof. (4) ,Or an alternate means of fire protection approved by the Fire Chief. (2188-6/77, 2430-7/80, 2638-9/83, 2865-11/86, 3020-12/89) IL31.A�ection 79.l PAQ) a ded-41 scharge upon a Street or water dAmil . Section 79. 1104(b) is amended to read as follows: (3020-12/89) (b) Discharge on Ground. Oil , waste oil , refuse or waste material shall not be permitted on the surface of the ground. 17.56.230 Section 79.1105 amended--SUM. Section 79.1108 is amended to read as follows: (3020-12/89) 12/89 17.56.230--17.56.2700 (a) The maintenance of any sump or other basin for the retention of oil or petroleum products in this City is prohibited. (2638-9/83, 2865-11/86, 3020-12/89) 17.56.240 Section 79.1113 added--Huntington Beach Oil Code. Section 79. 1113 is hereby added to read as follows: (3020-12/89) The Huntington Beach Oil Code (Huntington Beach Municipal Code Title 15) is incorporated herein by reference, and declared to be part of the Huntington Beach Fire Code as though set out in full herein. (2430-7/80, 2638-9/83, 2865-11/86, 3020-12/89) 17.56.250 Section 79.1701 m --Tr r i i lin s--P rmi Section 79. 101 is amended herewith by adding subsection (a) and (b) to read as follows: (3020-12/89) (a) For permits to use or to excavate near a pipeline used for the transportation of flammable or combustible liquids, see Secion 4.101 . (b) Transportation pipelines shall be subject to the requirements contained in California Government Code Sections 51010 et seq. (California Pipeline Safety Act of 1981 ), and California Health and Safety Code Section. 13107.5 as such regulations now exist and any amendments thereto. (2430-7/80, 2638-9/83, 2865-11/86, 3020-12/89) 17.56.260 Section 81 .108 added--Aisles. Section 81 . 108 is hereby amended by adding subsection (a)4 to read as follows: (3020-12/89) Aisles. Aisles shall comply with the requirements for exits and the following: 1 . When mechanical stocking methods are utilized, the minimum aisle width shall be eight (8) feet. 2. When manual stocking methods. are utilized, the minimum aisle width shall be forty-four (44) inches 3. During the stocking operation, a minimum exit width of forty-four (44) inches shall be maintained. 4. When cross aisles are provided the maximum required width shall be fourteen (14) feet. 5. Aisles shall not have a dead end greater than twenty (20) feet in length. (2865-11 /86, 3020-12/89) 17.56.270 Adopt Appendix I-A amended--Life safety requirements for existing buildings other than high rise. Appendix I-A sections l(a), 2(c), l (a) i ra] . EXCEPTION: Group R, Division 1 less than seven (7) units, Group R, Division 3; Group M; and high rise occupancies. 12/89 I sa 17.56.270(2(c)--17.56.280(6(a) 2(c) Corridors. EXCEPTION: Existing corridor walls, ceilings, and protection for openings not in compliance with the above may be permitted when such buildings are equipped with an approved automatic sprinkler system throughout to comply with the standards and specifications of the Huntington Beach Fire Department. (3020-12/89) 17.56.28AAppendix II-C amgnde ---Marinas. Appendix II-C section 1 , 5, 6, and 7 are amended to read as follows: (3020-12/89) 1 . General . Plans for marina fire-protection facilities shall be approved by the Chief prior to installation. The completed work shall be subject to final inspection and approval after installation. Two (2) sets of plans shall be submitted to the Fire Department indicating: (a) The dock layout. (b) The location of wet standpipe outlets, accompanied by pipe schedules and hydraulic calculations. i (c) Location of fire extinguisher cabinets. 5. Fire-protection equipment. All piers, wharves, floats with facilities for mooring or servicing five (5) or more vessels, and marine service stations shall be equipped with fire protection equipment as follows: \ (a) A wet standpipe system shall be installed on all docks, piers, wharves, or marine service stations that exceed one hundred (100) feet in length or are otherwise inaccessible from City fire hydrants. The wet standpipe system shall be capable of delivering two-hundred and fifty (250) gallons per minute at a residual pressure of fifty (50) psi at the outlet. The outlet shall be a two-and-one-half (2 1/2) inch national standard thread with an approved gate valve. Outlets shall be spaced at. two hundred (200) foot intervals, in approved locations, preferably at point of public access. Outlets shall be installed so that they are readily visible, unobstructed and readily discernible as a piece of firefighting equipment. (b) Piers and wharves shall be provided with fire apparatus access roads and water supply systems with on-site fire hydrants as may be required by the Chief. Such roads and water systems shall conform to Article 10 of this code. (c) The wet standpipe system shall be provided with a Fire .Department siamese connection which shall be located within five (5) feet of the nearest fire apparatus access roadway. 6. Portable fire-protection equipment. (a) A 4A, 40-B:C fire extinguisher shall be located every one hundred and fifty (150) feet along the dock. The fire extinguisher shall be located in a standard fire extinguisher cabinet with a breakable glass front. The cabinet shall have placards on both sides with the words 12/89 b 17.56.280(6(a)--17.56.290 ' FIRE EXTINGUISHER' and either have an additional placard on the front or shall be easily recognized from the front as a fire extinguisher cabinet. (b) The Chief shall designate the type and number of all other fire appliances to be installed and maintained in each marina. 7. Transmission of alarms. A means for transmitting alarms immediately to the Fire Department shall be available pursuant to the standards and specifications of the Huntington Beach Fire Department. (21'88-6/77, 2430-7/80, 2638-9/83, 2865-11 /86, 3020-12/89) 17.56.290 Adopt Appendix II-E amended--Hazardous materials management plan and hazardous materials inventory statement. Appendix Section 1 is amended herewith by adding subsection (a) to read as follows: (3020-12/89) Section l(a) The Huntington Beach Municipal Code, Chapter 17.58 is incorporated herein by reference, and declared to be part of the Huntingtn Beach Fire Code as though set out in full herein. The intent of Appendix II-E and Municipal Code Chapter 17.58 is deemed to be substantially equivalent in intent. i 12/89 i CITY OF HUNTINGTON BEACH ORDINANCE CODE UPDATES Effective 12/92 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Article 9061 Article 9061 Article 930 Article 930 I I i Laura A. Nelson, Deputy Records Division 374-1559 0171N f CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES Effective 1/6/93 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 17.56 Chapter 17.56 i " Laura A. Nelson, Deputy Records Division 374-1559 0171N r t City Clerk's Office ------------ (FC) --( 3 ) ----------- Evelyn z Counter Legislative history E(drawDer) E =" CITY OF HUNTINGTON BEACH MUNICIPAL CODE UPDATES /tV'Zj Effective 1/6/93 PLEASE REMOVE FROM CODE PLEASE ADD TO CODE Chapter 13.48 °� Chapter 13.48 I I ! Laura Nelson, Deputy I� Records Division f 374-1559 339M � ��� . Huntington Beach Municipal Code 13.48.010--13.48.010(c) Chapter 13.48 PARKS (434-3/40, 511-5/47, 564-10/50, 1026-2/64, 1246-10/66, 1478-4/69, 1547-1 /70, 2043-4/76, 2099-9/76, 2303-9/78, 2451-11 /80, 2824-4/87, 2851-8/86, 2964-10/88, 3181-1 /93) Sections: 13.48.010 Definitions 13.48.015 Park rangers 13.48.020 Unlawful acts 13.48.025 Signs 13.48.030 Vandalism t 13.48.040 Public toilets 13.48.050 Littering 13.48.060 Vehicles operations--Parking 13.48.061 Vehicles--Speed 13.48.070 Animals 13.48.080 Boisterous conduct 13.48.090 Gambling 13.48.100 Vending and peddling 13.48. 110 Alcoholic beverages 13.48.120 Games and activities 13.48.125 Safety regulations and signs 13.48.130 Curfew 13.48. 140 Advertising 13.48.145 Camping 13.48.150 Violations--Penalty 13.48.010 Definitions. For the purposes of this chapter, the following terms shall have the meanings as set forth herein, unless the context in which they are used clearly indicates a contrary meaning: (a) "Alcoholic beverages" means any and all spiritous, vinous , malt or fermented liquor, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing one-half of 1 percent, or more, of alcohol by volume which are potable or fit as , or which may be used for beverage purposes. (b) "Person" means any individual , firm, partnership, joint venture, association, social club, fraternal organization, corporation or any other group acting as a unit. (c) "Sound amplifying system" means and includes any system of electrical hookup or connection, loudspeaker system or equipment, sound amplifying system and any apparatus, equipment, device, instrument or machine designed for or intended to be used for the purpose of amplifying sound or increasing the volume of the human voice, musical tone, vibration, or sound wave. This definition shall not apply to the regular and customary use of portable radios, televisions, record players or tape recorders played or operated in such places at such times so as not to disturb other persons in their permitted uses of the park. 1 /93 13.48.010(d)--13.48.040 Huntington Beach Municipal Code (d) "City" means the City of Huntington Beach. (e) "Director" means the Director of the Community Services department or other person(s) authorized by him, pursuant to law, to act in his stead. (f) "Department" means the department of Community Services. (g) "Park" includes every park recreation center, lake, pond or other body of water, riding and hiking trail , parking lot and every other recreation facility owned, managed and/or controlled by the• City and under the jurisdiction of the Director. (h) "Permission" means written permission, granted by the Director or his authorized agent. (1246-10/66, 2451-11/,80) (i ) "Skateboard Park" means any facility that is designed and maintained for the purpose of recreational skateboard use. (3181-1 /92) (j) Skateboard means a board of any material which has wheels attached and such wheels may be used for moving or propulsion. (3181-1 /92) 13.48.015 Park rangers. For the purpose of this chapter, all park rangers are designated "limited power peace officers." Such park rangers shall have the authority to issue citations and/or make arrests for violations of this chapter, pursuant to section 836.5 of the California Penal Code. (2451-11 /80, 2964-10/88) 13.48.020 Unlawful acts. It is unlawful for any person to do or commit, or for any person to cause or permit to be done or committed within the i boundaries of any public park within the City of Huntington Beach, any act in the following sections. (1026-2/64, 1246-10/66) 13.48.025 Signs. No person shall fail or refuse to obey or comply with any notice or sign, including warning, regulatory and road markings, placed by order of the Director for the safety or control of persons, vehicles or animals. No person shall wilfully refuse to follow or comply with any lawful order or direction given by a department employee. (2451-11 /80) 13.48.030 Vandalism. No person shall wilfully cut, break, injure, deface, disfigure, mark or write upon, paint, carve, burn, tamper with, attach rope or wire to, displace or remove any tree, shrub, plant, turf, rock, sand, soil , wood, building, fence, table, bench, barbecue unit, pole, light, playground apparatus, bridge, railing, paving material , fountain, trash receptacle, waterline or other public utility, part or appurtenance thereof, sign, notice or placard, whether temporary or permanent, monument, stake, post or other boundary marker, equipment, tools, implements, materials, any structure or park facility whatsoever, either real or personal . (1026-2/64, 1246-10/66, 2451-11/80) 13.48.040 Public toilets. No person shall- fail to cooperate in maintaining public toilets in a neat and sanitary condition nor shall any person loiter in or about any public toilet or enter any public toilet designated for the opposite sex except that this provision shall not apply to persons under five years of age that are accompanied by a parent or guardian. (1026-2/64, 1246-10/66, 2303-9/78) 1/93 Huntington Beach Municipal Code 13.48.050--13.48.070 13.48.050 Littering. No person shall deposit, throw, discharge or otherwise place any paper, ashes, dirt, bottles, broken glass, cans, trash, litter, animal carcass, rubbish, debris or any substance, matter or thing, either liquid or solid in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or in or on the grounds of said park except in the proper receptacles where these are provided; nor shall any person within any park wash eating or cooking utensils elsewhere than in the sinks provided for such purposes; nor shall any person bring any such. substance, except litter accumulated in the course of automobile travel , into a City park for the purpose of disposal thereof in City park facilities. Where receptacles are not provided, all such rubbish or waste shall be carried from the park by the person responsible for its presence and properly disposed of elsewhere. (434-3/40, 511-5/47, 1026-2/64, 1246-10/66, 2451-11 /80) 1 13.48.060 Vehicle operations--Parking. No person shall operate, drive, ride, park or leave standing any automobile, truck, motorcycle, motor scooter, motorized bicycle, gocart or any other motor vehicle or any other vehicle at any time in any park; provided, however, that the provisions of this section shall not apply to those specific areas within any public park of the City which shall have been regularly and lawfully set aside for the use of vehicles; and provided further that the provisions of this section shalt not apply to any vehicle used or owned by the City or any commercial vehicle making lawful deliveries to or otherwise lawfully engaged in any undertaking or enterprise within any public park of the City. No person shall park and leave unattended any vehicle in areas other than those designated for parking. Vehicles left unattended in any area, except those designated for parking, without permission, may be towed away and stored by the City and said removal and storage costs shall be charged to and paid by the owner prior to release. Nor shall any person ride or drive a bicycle, skateboard or roller skates upon any tennis, handball, basketball , shuffleboard or multipurpose court in a City park. (1246-10/66, 2451-11/80) 13.48.061 Vehicles--Speed. No person shall operate any wheeled conveyance of any type in any park at a speed in excess of 10 miles per hour unless a greater speed is posted. The maximum speed limit when pedestrians are present shall be five (5) miles per hour. (2851-8/86) 13.48.070 Animals. No person shall ride, lead or let loose any cattle, horse, mule, goat, sheep, swine, cat, dog, fowl or animal of any kind in' a park except that it shall not be unlawful to have dogs , physically restrained by a leash not in excess of six (6) feet, or to ride horses on trails specifically provided for them. No person shall permit a dog to be or remain unattended outside a tent, camper or other enclosed vehicle between the hours of sunset and sunrise. No person shall keep or permit to remain any dog which is noisy, vicious or dangerous or which disturbs other persons within the boundaries of a park after such person has been directed by a park ranger to remove such dog. No person shall trap, kill , injure, catch or maltreat any wild or domesticated bird or animal ; or destroy, remove or disturb any of the young or eggs of same, or permit any dog to pursue, trap, kill or wound any wild or domesticated bird or animal , except that the provisions of this section shall not apply to City employees regulating animal populations that have been declared a nuisance or hazard by the Director consistent with laws protecting such animals. (434-3/40, 564-10/50, 1026-2/64, 1246-10/66, 2451-11/80) 1 /93 13.48.080--13.48.120(d) Huntington Beach Municipal Code 13.48.080 Boisterous conduct. No person shall maliciously or wilfully disturb the peace or quiet of a park or of any person therein, by loud or unusual noises, or by indulging in riotous, boisterous , threatening, indecent . or offensive conduct, or by using abusive, profane, indecent or vulgar language. No person shall , within any park, disturb in any manner any picnic, meeting, services, concert, exercise or exhibition. No person shall play or utilize any sound—amplifying system within or upon any park or facility not set aside for such purpose by the City Council or the Director. (434-3/40, 511-5/47, 1026-2/64, 2451-11/80) 13.48.090 Gambling. No person shall gamble or engage in gambling. (1246-10/66) 13.48.100 Vending and peddling_ No person shall expose or offer for sale any article or thing nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing except by written permission from the Director. No person shall give, set up or maintain any exhibition, show, .,performance, concert, lecture, entertainment or similar activity without written permission to do so from the Director. No person shall for profit offer sports camps, sports lessons or other similar activity on park property without the written permission of the Director. (434-3/40, •511-3/47, 1026-2/64, 1246-10/66, 2451-11 /80, 2824-4/87) 13.48.110 Alcoholic beverages. No person shall consume or have in his possession, custody or control , either open or unopened, any alcoholic beverage of any kind whatsoever, except when attending a function operating under an alcohol permit issued in accordance with Chapter 9.84 of this code. No intoxicated person shall enter, be or remain in any park. (1026-2/64, 2043-4/76, 2451-11/80) 13.48.120 Games and activities. It is unlawful -for any person to take part in or abet the playing of any activity which endangers the health, safety or welfare of the participant or any person whomsoever in any park, except on fields and courts or areas specifically provided for such games or activities or areas designated for such games and activities by-,the City Council or Director. Such games and activities shall include, but shall not be limited to, the following: (a) Baseball , tackle football , field hockey, rugby, cricket, golf, boxing, wrestling and the martial arts. (b) Wading, bathing, swimming, launching any type of boat, raft, air mattress, surfboard or to be in or on any lake, stream or pond found in a City park. (c) Flying any model airplane or helicopter, and launching any model fuel power boat, provided that this subsection shall not prohibit the launching of model boats powered by battery or sail . (d) Carrying, transporting, possessing, discharging, firing or shooting over, onto or through any park any firearm, air gun, bb gun, spring gun, slingshot, bow and arrow, crossbow, spear, fireworks , firecracker, rocket, explosive of any kind or any other form of weapon potentially dangerous to human beings or wildlife. This subsection shall not apply to law enforcement officers. 1 /93 Huntington Beach Municipal Code 13.48. 120(e)--13.48. 140 (e) Fishing in �any park lake other than -those designated by the Director, r--� during hours which are authorized for such .activity. (f) Lighting or maintaining any fire except in',a stove, barbecue grill , fire circle, portable stove or .barbecue grill approved by the Director. (g) Erecting any barrier, whether string, wire, rope or chain, or placing any obstruction of.any kind across any path, trail or other area accessible- to the public. (h) Engaging in any other activity which endangers the health and safety of the public. (1246-10/66, 1478-4/69, 1547-1/70, 2451-11 /80) 13.48.125 Safety regulations and signs. (3181-1 /93) (a) No person shall ride a skateboard at any skateboard park owned or operated by the City whether supervised or not unless that person is wearing a helmet, elbow pads ; and knee pads. (3181-1/93) (b) The Director of Community Services shall erect and maintain visible regulatory signs at all skateboard parks owned and operated by the City that are not supervised on a regular- basis. Such signs shall afford notice that any person riding a skateboard in the facility must wear a helmet, elbow pads, and 'knee pads, and that any person failing to do so will be subject to citation under Section 8.46.020 of this chapter. (3181-1/93) 13.48.130 Curfew. No-.person shall remain, stay or loiter on or about any such park between the hours of 10 p.m. and 5 a.m. of the following day provided that this section shall not apply to attendance at authorized community activities in. the park. Any park, recreation center or part or portion thereof may be closed to the public during an emergency, or when it has been determined by the Director, a park ranger or police officer that the public health, safety or morals require such action. Such park, recreation center or part. or portion thereof shall not be reopened except by order of the City Council , City Administrator, Director, a park ranger or police officer. (1246-10/66, 2451-11 /80) 13.48.140 Advertising. No person shall"announce, advertise or call the public attention in any way to any article or service for sale or hire, or paste, glue, tack or otherwise post any sign, picture, placard, advertisement or inscription whatever, or distribute any handbill , circular or petition except by permission- from the Director, provided that this section shall not apply to any concession operating under lease granted by the City Council . (1246-10/66, 2451-11 /80) 13.48.145 Camping. The following City parks are hereby designated as camping facilities: Lake Park, Farquhar Park, Huntington Central Park, and Norma Brandel ..Gibbs Park. No person shall use any camping facility for overnight camping purposes without applying for and obtaining written permission from the Director -upon payment of the required fees established, and amended from time to. time, by resolution of the City Council of the City of Huntington Beach. 1 /93 Huntington Beach Municipal Code 13.48.145--13.48.150 The Director may designate areas within subject parks for camping and may promulgate reasonable rules and regulations pertinent to the use of subject parks for camping purposes. No person shall use or occupy a camping facility unless the fee, evidenced by a receipt, has first been paid. (2099-9/76, 2451-11/80) 13.48.150 Violations--Penalty. Any person violating any provision of this chapter shall , upon conviction thereof, be guilty of a MISDEMEANOR, and subject to a fine of not more than five hundred dollars ($500) or be imprisoned in the City or county jail for a period not to exceed three (3) months , or both such fine and imprisonment. (1026-2/64, 1246-10/66) I E 1/93 13.48.010--13.48.010 c) Chanter 13.48 . PARKS (434-3/40, 511 -5/47, 964-10/50, 1026-2/64, 1246-10/66, 1478-4/69, 1547-1 /70, 2043-4/76, 2099-9/76, 2303-9/78, 2451-11/80, 282474/87,- 2851-8/86, 2964-10/88) Sections: 13.48.010 Definitions 13.48.015 Park rangers 13.48.020 Unlawful acts 13.48.025 Signs 13.48.030 Vandalism 13.48.040 Public toilets 13.48.050 Littering 13.48.060 Vehicles operations--Parking 13.48.061 Vehicles--Speed 13.48.070 Animals 13.48.080 Boisterous conduct 13.48.090 Gambling 13.48. 100 Vending and peddling 13.48.110 Alcoholic beverages 13.48. 120 Games and activities 13.48.130 Curfew 13.48. 140 Advertising 13.48.145 Camping 13.48.150 Violations--Penalty 13.48.010 Definitions. For the purposes of this chapter, the following terms shall have the meanings as set forth herein, unless the context in which they are used clearly indicates a contrary meaning: (a) "Alcoholic beverages" means any and all spiritous, vinous, malt or fermented liquor, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing one-half of 1 percent, or more, of alcohol by volume which are potable or fit as, or which may be used for beverage purposes. (b) "Person" means any individual , firm, partnership, joint venture, association, social club, fraternal organization, corporation or any other group acting as a unit. (c) "Sound amplifying system" means and includes any system of electrical hookup or connection, loudspeaker system or equipment, sound amplifying system and any apparatus, equipment, device, instrument or machine designed for or intended to be used for the purpose--of amplifying sound or increasing the volume of the human voice, musical tone, vibration, or sound wave. This definition shall not apply to the regular and customary use of portable radios, televisions, record players or tape C-i recorders played or operated in such places at such times so as not to disturb other persons in their permitted uses of the park. 10/88 f y 13.48.010(d)--13.48.040 (d) "City" means the city of Huntington Beach. (e) "Director" means the director of the community services department or other person(s) authorized by him, pursuant to law, to act in his stead. (f) "Department" means the department of community services. (g) "Park" includes every park recreation center, lake, pond or other body of water, riding and hiking trail , parking lot and every other recreation facility owned, managed and/or controlled by the city and under the jurisdiction of the director. (h) "Permission" means written permission, granted by the director or his authorized agent. (1246-10/66, 2451-11/80) 13.48.015 Park rangers. For the purpose of this chapter, all park rangers are designated "limited power peace officers." Such park rangers shall have the authority to issue citations and/or make arrests for violations of this chapter, pursuant to section 836.5 of the California Penal Code. (2451-11/80, 2964-10/88) 13.48.020 Unlawful acts. It is unlawful for any person to do or commit, or for any person to cause or permit to be done or committed within the boundaries of any public park within the city of Huntington Beach, any act in the following sections. (1026-2/64, 1246-10/66) 13.48.025 Signs. No person shall fail or refuse to obey or comply with any notice or sign, including warning, regulatory and road markings, placed by order of the director for the safety or control of persons, vehicles or animals. No person shall wilfully refuse to follow or comply with any lawful order or direction given by a department employee. (2451-11/80) 13.48.030 Vandalism. No person shall wilfully cut, break, injure, deface, disfigure, mark or write upon, paint, carve, burn, tamper with, attach rope or wire to, displace or remove any tree, shrub, plant, turf, rock, sand, soil , wood, building, fence, table, bench, barbecue unit, pole, light, playground apparatus, bridge, railing, paving material , fountain, trash receptacle, waterline or other public utility, part or appurtenance thereof, sign, notice or placard, whether temporary or permanent, monument, stake, post or other boundary marker, equipment, tools, implements, materials, any structure or park facility whatsoever, either real or personal . (1026-2/64, 1246-10/66, 2451-11/80) 13.48.040 Public toilets. No person shall fail to cooperate in maintaining public toilets in a neat and sanitary condition nor shall any person loiter in or about any public toilet or enter any public toilet designated for the opposite sex except that this provision shall not apply to persons under five years of age that are accompanied by a parent or guardian. (1026-2/64, 1246-10/66, 2303-9/78) 10/88 �=' 13.48.050--13.48.070 -- 13.48.050 Littering. No person shall deposit, throw, discharge or otherwise place any paper, ashes, dirt, bottles, broken glass, cans, trash, litter, animal carcass, rubbish, debris or any substance, matter or thing, either liquid or solid in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or in or on the grounds of said park except in the proper receptacles where these are provided; nor shall any person within any park wash eating or cooking utensils elsewhere than in the sinks provided for such purposes; nor shall any person bring any such substance, except litter accumulated in the course of automobile travel , into a city park for the purpose of disposal thereof in city park facilities. Where receptacles are not provided, all such rubbish or waste shall be carried from the park by the person responsible for its presence and properly disposed of elsewhere. (434-3/40, 511-5/47, 1026-2/64, 1246-10/66, 2451-11/80) . 13.48.060 Vehicle operations--Parking. No person shall operate, drive, ride, park or leave standing any automobile, truck, motorcycle, motor scooter, motorized bicycle, gocart or any other motor vehicle or any other vehicle at any time in any park; provided, however, that the provisions of this section shall not apply to those specific areas within any public park of the city which shall have been regularly and lawfully set aside for the use of vehicles; and provided further that the provisions of this section shall not apply to any vehicle used or owned by the city or any commercial vehicle making lawful deliveries to or otherwise lawfully engaged in any undertaking or enterprise within any public park of the city. No person shall park and �-� leave unattended any vehicle in areas other than those designated for parking. Vehicles left unattended in any area, except those designated for parking, without permission, may be towed away and stored by the city and said removal and storage costs shall be charged to and paid by the owner prior to release. Nor shall any person ride or drive a bicycle, skateboard or roller skates upon any tennis, handball , basketball , shuffleboard or multipurpose court in a city park. (1246-10/66, 2451-11/80) 13.48.061 Vehicles--Speed. No person shall operate any wheeled conveyance of any type in any park at a speed in excess of 10 miles per hour unless a greater speed is posted. The maximum speed limit when pedestrians are present shall be five (5) miles per hour. (2851-8/86) 13.48.070 Animals. No person shall ride, lead or let loose any cattle, horse, mule, goat, sheep, swine, cat, dog, fowl or animal of any kind in a park except that it shall not be unlawful to have dogs, physically restrained by a leash not in excess of six (6) feet, or to ride horses on trails specifically provided for them. No person shall permit a dog to be or remain unattended outside a tent, camper or other enclosed vehicle between the hours of sunset and sunrise. No person shall keep or permit to remain any dog which is noisy, vicious or dangerous or which disturbs other persons within the boundaries of a park after such person has been directed by a park ranger to remove such dog. No person shall trap, kill , injure, catch or maltreat any wild or domesticated bird or animal ; or destroy, remove or disturb any of the young or eggs of same, or permit any dog to pursue, trap, kill or wound any wild or 10/88 13.48.070--13.48.120(a) domesticated bird or animal , except that the provisions of this section shall not apply to city employees regulating animal populations that have been declared a nuisance or hazard by the director consistent with laws protecting such animals. (434-3/40, 564-10/50, 1026-2/64, 1246-10/66, 2451-11/80) 13.48.080 Boisterous conduct. No person shall maliciously or wilfully disturb the peace or quiet of a park or of any person therein, by loud or unusual noises, or by indulging in riotous, boisterous, threatening, indecent or offensive conduct, or by using abusive, profane, indecent or vulgar language. No person shall , within any park, disturb in any manner any picnic, meeting, services, concert, exercise or exhibition. No person shall play or utilize any sound-amplifying system within or upon any park or facility not set aside for such purpose by the city councilor the director. (434-3/40, 511-5/47, 1026-2/64, 2451-11/80) 13.48.090 Gambling_ No person shall gamble or engage in gambling. (1246-10/66) 13.48.100 Vending and peddling. No person shall expose or offer for sale any article or thing nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing except by written permission from the director. No person shall give, set up or maintain any exhibition, show, performance, concert, lecture, entertainment or similar activity without written permission to do so from the director. No r person shall for profit offer sports camps, sports lessons or other similar activity on park property without the written permission of the director. (434-3/40, 511-3/47, 1026-2/64, 1246-10/66, 2451-11/80, 2824-4/87) 13.48.110 Alcoholic beverages. No person shall consume or have in his possession, custody or control , either open or unopened, any alcoholic beverage of any kind whatsoever, except when attending a function operating under an alcohol permit issued in accordance with Chapter 9.84 of this code. No intoxicated person shall enter, be or remain in any park. (1026-2/64, 2043-4/76, 2451-11 /80) 13.48.120 Games and activities. It is unlawful for any person to take part in or abet the playing of any activity which endangers the health, safety or welfare of the participant or any person whomsoever in any park, except on fields and courts or areas specifically provided for such games or activities or areas designated for such games and activities by the city council or director. Such games and activities shall include, but shall not be limited to, the following: (a) Baseball , cackle football , field hockey, rugby, cricket, golf, boxing, wrestling and the martial arts. 10/88 13.48.120(b)--13.48.140 (b) Wading, bathing, swimming, launching any type of boat, raft, air mattress, surfboard or to be in or on any lake, stream or pond found in a city park. (c) Flying any model airplane or helicopter, and launching any model fuel power boat, provided that this subsection shall not prohibit the launching of model boats powered by battery or sail . (d) Carrying, transporting, possessing, discharging, firing or shooting over, onto or through any park any firearm, air gun, bb gun, spring gun, slingshot, bow and arrow, crossbow, spear, fireworks, firecracker, rocket, explosive of any kind or any other form of weapon potentially dangerous to human beings or wildlife. This subsection shall not apply to law enforcement officers. (e) Fishing in any park lake other than those designated by the director, during hours which are authorized for such activity. (f) Lighting or maintaining any fire except in a stove, barbecue grill , fire circle, portable stove or barbecue grill approved by the director. (g) Erecting any barrier, whether string, wire, rope or chain, or placing any obstruction of any kind across any path, trail or other area accessible to the public. (h) Engaging in any other activity which endangers the health and safety of the public. (1246-10/66, 1478-4/69, 1547-1/70, 2451-11/80) 13.48.130 Curfew. No person shall remain, stay or loiter on or about any such park between the hours of 10 'p.m. and 5 a.m. of the following day provided that this section shall not apply to attendance at authorized community activities in the park. Any park, recreation center or part or portion thereof may be closed to the public during an emergency, or when it has been determined by the director, a park ranger or police officer that the public health, safety or morals require such action. Such park, recreation center or part or portion thereof shall not be reopened except by order of the city council , city administrator, director, a park ranger or police officer. (1246-10/66, 2451-11 /80) 13.48.140 Advertising. No person shall announce, advertise or call the public attention in any way to any article or service for sale or hire, or paste, glue, tack or otherwise post any sign, picture, placard, advertisement or inscription whatever, or distribute any handbill , circular or petition except by permission from the director, provided that this section shall not apply to any concession operating under lease granted by the city council . (1246-10/66, 2451-11/80) �� 10/88 13.48. 145--13.48. 150 i 13.48.145 Camping.. The following city parks are hereby designated as camping facilities: Lake Park, Farquhar Park, Huntington Central Park, and Norma Brandel Gibbs Park. No person shall use any camping facility for overnight camping purposes without applying for and obtaining written permission from the director upon payment of the required fees established, and amended from time to time, by resolution of the city council of the city of Huntington Beach. The director may designate areas within subject parks for camping and may promulgate reasonable rules and regulations pertinent to .the use of subject parks for camping purposes. No person shall use or occupy a camping facility unless the fee, evidenced by a receipt, has first been paid. (2099-9/76, 2451-11/80) 13.48.150 Violations--Penalty. Any person violating any provision of this chapter shall , upon conviction thereof, be guilty of a MISDEMEANOR, and subject to a fine of not more than five hundred dollars ($500) or be imprisoned in the city or county jail for a period not to exceed three (3) months, or both such fine-and imprisonment. (1026-2/64, 1246-10/66) I 10/88 Huntington Beach Municipal Code 5.16.240-5.16.300 5.16.240 Public dance hall, public dance and dinner dancing place Every person conducting, managing or operating a public dance hall or dinner place shall pay a fee of $337.50 A. Every person conducting, managing or operating a public dance shall pay a fee of(per dance) $58.00. For the purpose of this section, certain words and phrases shall be construed as hereinafter set forth: (a) "Public dance hall" means a place open to the public upon payment of admittance fee, wherein music is provided and people are allowed to dance which is so open at regular intervals or on regular days of the week. (b) "Public dance" means a dance open to the public for an admittance fee or charge, which is held on one day only. (c) "Dinner dancing place" means a place where music is provided and the public is permitted to dance without payment of a fee. (766-7/60, 904-6/62, 1604-10/70,3100-5/91, 3161-7/92) 5.16.250 Public utilities. Any public utility operating in the City under a franchise or franchises from the City, or applicable therein; and which makes franchise payments thereunder is subject to the provisions of this chapter only to the extent it engages in retail merchandising not covered by the franchise in the City. (766-7/60,904-6/62, 1604-10/70) 5.16.260 Rooming house, apartment house, motel, bungalow or auto court. For every person conducting, managing, or carrying on the business of operating an apartment house, rooming house, motel, bungalow court or auto court consisting of three or more rental units, the fee shall be $32.00 A and$7.00 per unit. (766-7/60, 904-6/62, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.270 Skating rink. For every person conducting, managing or carrying on any ice or roller skating rink, enclosure or park,the license fee shall be $187.50 A. (766-7/60,904-6162, 1604-10/70, 3100-5/91, 3161-8/92) 5.16.280Small stands and businesses--Temporary and permanent. Every person, not having a regularly established place of business in this City, who sells or offers for sale goods or articles of any description in his possession, or services, at, on or from a stand upon any public street, alley or public place, or in or from a doorway of any room or building, or unenclosed or vacant lot or parcel of land, which business is not otherwise licensed by the terms of this chapter shall pay a fee of$75.00; or, at the option of the licensee, $17.00 D. (766-7/60, 1604-1 ono, 3100- 5/91,3161-8/92) 5.16.290 Solicitor or canvasser. For every person conducting, managing, carrying on or engaging in the business of telephone solicitation or canvassing, for each such person employed or so engaged,the fee shall be $49.00 D. Prior to the issuance of any license under this section, each applicant shall comply with the provisions of Chapter 9.64 of the Huntington Beach Municipal Code and with the provisions of sections 5.12.050 and 5.12.060. This section shall not apply to any person, or employee or agent or representative of any person whose principal place of business is in and who has a license in the City as provided elsewhere by this title, or who takes orders only from businesses licensed under this title. (766-7/60, 838-6/61,904-6/62, 1604-10/70, 3100-5/91,3161-8/92) 5.16.300 Soliciting on streets for hotels or dining rooms. For every person conducting, managing or carrying on the business of soliciting customers, or patronage upon any public street, 8/92