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HomeMy WebLinkAboutResolution No. 2003-34 Local Coastal Program Amendment LCPA Council/Agency Meeting Held: d' D erred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: May 19, 2003 Department ID Number: PL03-11 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION o SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS =_ SUBMITTED BY: RAY SILVER, City Administrator Wes - PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: ADOPT RESOLUTION FOR LOCAL COASTAL PROGRAM AMENDMENT NO. 03-1. a�u -cam-, - �a —�3 �l Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is a resolution adopting Local Coastal Program Amendment No. 03-1 to forward twelve zoning text and map amendments that were previously approved by the City Council to the Coastal Commission. The subject legislation constitutes a minor amendment to the City's Local Coastal Program. Public hearings were previously held for each of the twelve amendments; thus, approval of the resolution is an administrative item that does not require a public hearing. Funding Source: Not applicable. Recommended Action: Motion to: "Approve Local Coastal Program Amendment No. 03-1 by adopting Resolution No. c2G03 (ATTACHMENT NO. 1), and forward to the California Coastal Commission for certification." Alternative Action(sl: The City Council may make the following alternative motion(s): 1 . "Continue Local Coastal Program Amendment No. 03-1 and direct staff accordingly." i .............................................................................................................................................................................................................................................................. ...............-..................................-....................................... EA.-..................................-........0......................... ......................................................................H...................................................................................... I..................................... B-.......... .....--......-...--...................................................................................... S....................... .......................................T ............... .................................................... 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R -..............................-.................................-............ ..............................................................................................................-....................................................................................................................................................................................... ..................... ............................... ............................................................................................................... ......................... . ......................ON FILE IN THE CITY CLERK S QFFICE, , „ ^ s a�x s : r .y > r- -Py.*s k k4 HY4 "� h'+` �' ,i-fin -.�' r y� + � r � s���� � �, may. s%e � � J ORDINANCE NO. 3438 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY CHANGING THE ZONING DESIGNATION FROM RM (MEDIUM DENSITY RESIDENTIAL) TO PS (PUBLIC, SEMI-PUBLIC) ON REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF DELAWARE AND CLAY (ZONING MAP AMENDMENT NO. 99-3, Sub-Area A) WHEREAS, pursuant to the State Planning and Zoning Law,the Huntington Beach Planning Commission and Huntington Beach City Council have held separate public hearings relative to Zoning Map Amendment No. 99-3, wherein both bodies have carefully considered all information presented at said hearings, and after due consideration of the findings and recommendations of the Planning Commission and all evidence presented to said City Council,the City.Council finds that such zone change is proper, and.consistent with the General Plan. NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as follows: SECTION 1. That the real property located at the southwest corner of Delaware and Clay, and more particularly described in the legal description and sketch collectively attached hereto as Exhibit A and.incorporated by this reference as though fully set forth herein, is hereby changed from RM (Medium Density Residential) to PS (Public., Semi- Public). SECTION 2. That the Director of Planning is hereby directed to amend Sectional District Map 2Z of the Huntington Beach Zoning and Subdivision Ordinance to reflect the changes contained in this ordinance. The Director of Planning is further directed to file the 1 I 4/s:4-990rdinance:Delaware&Clay RLS 99-522 9/15/99 f � Ord 3�38 amended map. A copy of such map, as amended, shall be available for inspection in the Office of the City Clerk. SECTION.3. This ordinance shall take effect thirty days after its adoption. . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15 th day of November 19 9 9 . Mayor ATTEST: APPROVED AS TO FORM: ode lu thr IQ—� 1 7C erT( City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City AdfTinistrator Director of Plk6ing Attachment: Exhibit A 2 4/s:4-990rdinance:Delaware&Clay RLS 99-522 9/15/99 r 0nt AP# 025-061-34 BEGINNING AT THE MOST SOUTHERLY POINT OF PARCEL 1, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 146, PAGES .48-49, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF .THE COUNTY. RECORDER OF SAID COUNTY; THENCE NORTH 00 00' 14111,41EST 23.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 00' 14" WEST 292.47 FEET ALONG THE WEST LINE OF SAID PARCEL 1 TO A POINT; THENCE SOUTH 89° 51' 46" WEST 299.95 FEET TO A POINT, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF HUNTINGTON STREET; THENCE NORTH 00 00' 00" WEST 20.01 FEET ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT; THENCE NORTH 89' 59' 27" EAST 129.90 FEET TO A POINT; THENCE NORTH 011 00' 27" WEST 150.00 FEET TO A POINT; THENCE NORTH 89' 59' 27" EAST 347.30 FEET TO A POINT,.SAID POINT BEING THE SOUTHEAST CORNER OF PARCEL 2 OF SAID PARCEL MAP; THENCE NORTH 00 00' 27" WEST 130.00 FEET ALONG THE EAST LINE OF SAID PARCEL 2 TO A POINT, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CLAY AVENUE; THENCE NORTH 89" 59' 27" EAST 80.70 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 32.00 FEET; THENCE EASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 06", AN ARC DISTANCE OF 50.27 FEET TO A POINT ON A TANGENT LINE, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF DELAWARE STREET; THENCE SOUTH 00 00' 27" EAST 193.40 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO-THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF -32.00 FEET; THENCE SOUTHERLY AND WESTERLY.ALONG.SAID CURVE THROUGH A CENTRAL ANGLE OF: 390 14' 35'.',AN ARC DISTANCE OF 2192 FEET TO A POINT ON A TANGENT LINE,SAID POINT BEING ON. THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SEVENTEENTH STREET; THENCE SOUTH 39' 14' 08" WEST 446.97 FEET ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE TO THE TRUE POINT OF BEGINNING. 35365 12-�7-a1 ORDINANCE NO. 3524 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 214 PS THEREOF RELATING TO PUBLIC-SEMIPUBLIC DISTRICT. WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan) relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That.Section.214.06 of the Huntington Beach Zoning and Subdivision.. Ordinance is hereby amended to read as follows: 214.06 PS District: Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in PS districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "TU" designates use.classifications allowed on approval of a temporary use permit: "P/U" for an accessory use mean that the use is permitted on the site of a permitted use but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. ordr0l zonin-ord/chp214/I l/14/01 1 Ord. No. 3524 PS DISTRICT: P = Permitted LAND USE CONTROLS L Limited (see Additional Provisions) PC Conditional use permit.approved by Planning Commission . TU Temporary Use Permit P/U = Requires conditional use permit on site of a conditional use Additional PS Provisions Public and Semipublic Cemetery PC Cultural Institutions PC Day Care, General PC Government Offices L-1 Hospitals PC Maintenance & Service Facilities L-1 Park &Recreation Facilities PC Public Safety Facilities PC Religious Assembly ZA Residential Care, General PC Schools, Public or,Private PC Utilities, Major PC Utilities, Minor Commercial Uses Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Commercial Parking Facility L-3 Accessory Uses Accessory Uses and Structures P/U Temporary Uses (A) Animal Shows TU Circuses and Carnivals TU Commercial Filming, Limited TU Trade Fairs TU Nonconforming Uses (B) ord/01zoning ord/chp214/1113/01 2 Ord. No. 3524 PS District: Additional Provisions L-1 City owned facilities are permitted; all other.facilities require conditional use permit from the Planning Commission. L-2 Permitted as an accessory use in a cultural, educational, hospital, or medical institution occupying no more than 5,000 square feet, only if there is no separate entrance or sign. - L-3 Public parking permitted,but commercial parking facilities on City-owned land require a conditional.use permit from the Planning Commission. (A) See Section 241.20: Temporary Use Permits. (B) See Chapter 236: Nonconforming Uses and Structures. SECTION 2: This ordinance shall take effect thirty days after its adoption. -PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of January , 2002 . ATTEST: City Clerk pl-�0-.0�. �— Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Add finistrator `� City Attorney 1416 l INITIAT D APPROVED: v Director of flanning ord/0Izoning ord/chp2l4i I I/NO 1 3 Ord. No. 3524 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY.OF HUNTINGTON BEACH ) 1, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January, 2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Dettloff,Bauer, Cook, Green, Boardman.. NOES: None ABSENT: Houchen ABSTAIN: None 1,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-ofticio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on ,2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Bro Rya Ci1y Clerk of the City Council of the City .ao Deputv City Clerk of Huntington Beach, California { Iz-17—o1 ORDINANCE NO. 3525 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 230 THEREOF RELATING TO SITE STANDARDS WHEREAS,pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate,duly noticed public hearings to consider Zoning Text Amendment No. 01-04,which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan) relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW,THEREFORE, the City Council of the City of Huntington Beach does hereby ordain . as follows: SECTION 1: That Section 230.18 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 230.18 Subdivision Sales Offices and Model Homes Subdivision sales offices and model homes in conjunction with an approved subdivision is permitted with the following requirements. A. The office shall be discontinued within 30 days following sale of the last on-site unit. A cash bond shall be posted with the City in the amount of$1,000 for the sales office and$1,000 for each model home to guarantee compliance with the provisions of this code. B. The developer or contractor shall furnish a site plan showing the placement of the sales office and all model signs,parking signs, directional signs, temporary structures,parking and landscaping. — C. No sales office shall be converted or expanded into a general business office for the contractor or developer. SECTION 2: That Section 230.74 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 230.74 Outdoor Facilities A. Permit Required. Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick-up, shall be subject to approval of a conditional use permit by the Zoning Administrator in the CG, IL, IG, CV and SP districts. Sidewalk cafes with alcoholic beverage service and/or outdoor food service accessory to an Eating and Drinking Establishment shall be permitted subject to ord/OIzoning ord/chp230/12/13101 1 Ord.No.3525 approval of a conditional use permit by the Zoning Administrator in the CO, CG, CV, OS and SP districts, but no outdoor preparation of food or beverages shall be permitted. B. Permit Conditions: Grounds for Denial. The Zoning Administrator may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties. If such impacts cannot.be prevented, the Zoning Administrator shall deny the conditional use permit application. C. Exceptions. Notwithstanding the provisions of subsections (A) and (B) above, outdoor storage and-display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted: 1. Nurseries, provided outdoor storage and display is limited to plants, new garden equipment and containers only; and 2. Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be limited to vehicles,boats, or equipment offered for sale or rent only. D. Screening. Outdoor storage and display areas for rental equipment and building and landscaping materials shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. SECTION 3: That Section 230.88 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 230.88 Fencing and.Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B and C"are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text,the text shall prevail. Yards and fencing shall comply with the following criteria in all districts.or as specified. A. Permitted Fences and Walls. 1. Fences or walls a maximum of forty-two(42) inches in height may be located in any portion of a lot, except screen walls on lots in the RMH-A subdistrict shall be set back a minimum of three (3) feet from the front property line. Fences or walls exceeding forty-two (42) inches in height may not be located in the required.front yard,.except as permitted elsewhere in this Section. (3334-6/97,3410-3/99) 2. Fences or walls a maximum of six (6) feet in height may be located in required side and rear yards, except as excluded in this Section. Fences or walls exceeding six (6) feet in height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in which they are located. a. Fences and walls located adjacent to arterials along the rear and/or street side yard property lines, and behind the front setback, may be constructed to a maximum total height of eight(8) feet including retaining wall with the following: ord/01 zoning ord/chp230/12/13/01 2 Ord.No.3525 (1) The proposed building materials and design shall be in conformance with the Urban Design Guidelines. (2) Extensions to existing wall(s) shall require submittal of engineering calculations to the Building and Safety Department. (3) The property owner shall be responsible for the care and maintenance of landscape area(s) and wall(s) and required landscape area(s). (4) Approval from Public Works Department. 3. Fences or walls in the rear yard setback area of a through-lot shall not exceed-forty-two (42) inches in height. This subsection shall not apply to lots abutting arterial highways. 4. In the RL district,garden or wing walls or fences equal in height to the first floor double plate,but not exceeding nine (9) feet, which are perpendicular to and entirely within a side yard may be constructed to the interior side property line and to within five(5) feet of the exterior side property line provided they are equipped with a three(3) foot gate or accessway. 5. When residential property abuts open or public land or property zoned or used for office, commercial, or industrial purposes, an eight(8) foot high solid masonry or block wall may be constructed on the common side or rear property line. 6. . In.order to allow variations in the street scene in R districts, fences or walls exceeding forty-two (42)inches in height may be permitted at a reduced front setback of six (6) feet subject to plan review approval by the Director in conformance with the following criteria: a. The reduced setback shall be only permitted for five (5) or more contiguous lots under the same ownership and only at the time of initial construction of the dwellings. b. Such walls shall not encroach into the visibility triangular area formed by measuring seven and one-half(7.5) feet along the driveway and ten(10) feet along the front property line at their point of intersection. c. Such walls shall conform to all other applicable provisions of this section. 7. Retaining walls shall comply with the following: a. . .Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall maybe topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. b. Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two (2) ft. or less or protects a cut below the existing grade, such retaining wall may be topped with a six (6) ft. decorative masonry wall. c. Where a retaining wall is on the property line of a rear yard abutting a local street, the maximum retaining wall height shall be twenty-four(24).inches as measured from the ord/01 zoning ord/chp230/12/13/01 3 Ord.No.3525 adjacent curb and may be topped with a maximum eighteen(18) inch decorative wall or fence for a total height of forty-two (42) inches. d. (1) The maximum height of a retaining wall on the front property line shall be thirty-six (36) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a maximum forty-two.(42) inch high wall or.fence may be . erected above the retaining wall with a minimum three(3):foot.setback from the front property line. (2) In the RMH-A subdistrict,the maximum height of a retaining wall on the front property line shall be eighteen(18) inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a second retaining wall up to eighteen(18) inches in height may be erected above the eighteen (18) inch high retaining wall with a minimum three(3) foot front setback. A wall or fence up to forty-two (42) inches in height may be erected on top of the retaining wall with the minimum three foot front setback. (See Exhibit below.) ord/01 zoning ord/chp230/12/13/01 4 Ord.No.3525 Required I Tree/Palm /III[ Landscaping i Front Building* nrnnerty line � May 47" Patio i .. Max.18" I ` Retaining Walls SidewalklParkway Max.18" *See Maximum building height in Chapter 210 e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the Director. f Retaining wall and fence combinations over eight (8) feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six (6) feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence. 8. The height of any fence,wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb. All other fence heights shall be measured from existing grade. 9. Any fence or wall located on the front property line shall be approved by the Department of Public Works. 10. In the industrial districts, nine(9) foot high fences may be permitted in the side and rear setbacks up to the front building line subject to plan review.approval by the Director. 11. Deviations from the maximum height requirements for walls as prescribed by this Section may be permitted subject to an approval of conditional use permit by the Zoning Administrator. 12. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore. B. Required Walls. 1. When office, commercial or industrial uses abut property zoned or used for residential, a six (6) foot high solid six (6) inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection from ord/01zoning ord/chp230/12/13/01 5 Ord.No.3525 vehicle damage shall be provided by a method approved by the Director. The maximum fence height shall be eight (8) feet at the common property line, subject to the same design standards and setback requirements as specified for six (6) foot high fences. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six.(6) inch widedecorative masonry block, and designed with landscape pockets at thirty-five(35) foot intervals along the street side sufficient in size to accommodate at least one(1)`15--allon tree. Approval of a conditional use permit by the Zoning Administrator shall be required prior to construction of such walls. C. Visibility. 1. On reverse corner lots and corner lots abutting an alley, no fence,wall or hedge greater than forty-two (42) inches in height may be located within the triangular area formed by measuring ten (10) feet from the intersection of the rear and street side property lines. 2. On corner lots, no fence, wall, landscaping,berming, sign, or other visual obstruction between forty-two (42) inches and seven(7) feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring twenty-five (25) feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven (7) feet shall be permitted. 3: Visibility of a driveway crossing a_street or alley property line of of intersecting driveways_ shall not be blocked between a height of forty-two (42) inches and seven (7) feet within a triangular area formed by measuring ten(10) feet from intersecting driveways or street/alley and driveway. 'RooERryLip f �2. ds 230-CORD DIAGRAM A ord/01 zoning ord/chp230/12/13/01 6 Ord.No.3525 t - - - - - - - • - - . . - . . - . . - . . - . . - . t . t t — — 1 — 10 10 — . 10' 10' 10 10, 10' 10' 270aatb STREET/ALLEY DIAGRAM B ord/01zoning ord/chp230/12/13/01 7 Ord.No.3525 REVERSE CORNER LOT CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY 43 I i e o THROUGH THROUGH LOT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WAIL j a' i w fence Aw A 42 inch highmay be constructed on any portion of the lot. ® Indicates that portion of the lot on which a.. 6 foot high fence may be constructed. °A' Indicates minimum front yard setback jw Diagram C �k, °m+ ca+°au,rtwsdam ord/Olzoning ord/chp230/12/13/01 8 Ord.No.3M SECTION 4: That Section 230.94 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 230.94 Carts and Kiosks. Carts and kiosks may be permitted on private property zoned for commercial purposes,subject to approval by the Planning Director and_compliance with this section. Carts and kiosks maybe permitted as.a temporary use on public property subject to Specific Event approval pursuant to Chapter 5.68. A. Location and Design Criteria. Cart and kiosk uses shall conform to the following: 1. No portion of a cart or kiosk shall overhang the property line. 2. The cart or kiosk shall not obstruct access to or occupy a parking space; obstruct access to a parked vehicle, impede the delivery of materials to an adjoining property, interfere with access to public property or any adjoining property, or interfere with maintenance or use of street furniture. If any existing parking spaces will be displaced or partially or totally blocked by the proposed cart or kiosk, those spaces must be replaced on-site at a one-to-one (1:1) ratio. 3. The cart or kiosk shall not exceed a maximum of four(4) feet in width excluding any wheels, eight(8) feet in length including any handle, and no more than six (6) feet in height excluding canopies, umbrellas or transparent enclosures unless a larger size is approved. 4. A limit of one cart or kiosk shall be allowed for each commercial business that meets the above locational and;design criteria. . B. Factors to Consider. The following factors shall be considered regarding the location and the design of cart or kiosk uses including: 1. Appropriateness of the cart or kiosk design, color scheme, and character of its location; 2. Appropriateness and location of signing and graphics; 3. The width of the sidewalk or pedestrian accessway; 4. The proximity and location of building entrances; 5. Existing physical obstructions including,but not limited to signposts, light standards,. parking meters,benches,phone booths,newsstands, utilities and landscaping; 6. Motor vehicle activity in the adjacent roadway including but not limited to bus stops,truck loading zones,taxi stands,hotel zones,passenger loading or parking spaces; 7. Pedestrian traffic volumes; and 8. Handicapped accessibility. C. Operating Requirements, Provisions and Conditions. 1. During hours of operation,the cart or kiosk must remain in the location specified on the approved site plan. ord/01zoning ord/chp230/12/13/01 9 Ord.No.3525 2. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles. 3. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach Municipal Code prior to the establishment of the use. 4. All provisions.of the Huntington Beach Municipal Code which are not in conflict with this .. section shall apply: S. The prices of items sold from a cart or kiosk must appear in a prominent,visible location in legible characters. The price list size and location shall be reviewed and approved by the Planning Director. 6. The sale of alcoholic beverages shall be prohibited. 7. The number of employees at a cart or kiosk shall be limited to a maximum of two(2) persons at any one time. 8. Fire extinguishers may be required at the discretion of the Fire Department. 9. All cart and kiosk uses shall be self contained for water,waste, and power to operate. 10. A cart or kiosk operator shall provide a method approved by the Planning Director for disposal of business related wastes. D. Parking. Additional parking may be required for cart or kiosk uses by the Planning Director. E. Review;Revocation. The Planning Department shall conduct"a review of the cart or kiosk operation at the end of the first six (6) month period of operation. At that time, if there has been a violation of the terms and conditions of this section or the approval, the approval shall be considered for revocation. F. Limited Notification. Ten(10) working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. Notice of application shall include the following: 1. Name of applicant. 2. Location of planned development or use, including address. 3. Nature of the proposed development shall be fully disclosed in the notice. _ 4. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. 5. The date by which any comments must be received in writing by the Planning Department. 6. Planning.Department shall receive entire list including name and address of those receiving the mailing. I ord/01 zoning ord/chp230/12/14/01 10 Ord.No.3525 SECTION 5: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of January , 2002 . ATTEST: City Clerk Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Adminisfrator �� City Attorney INIT ED PROVED: i ire for orpiAming { f f ord/01 zoning ord/chp230/12/13/01 11 Ord. No. 3525 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON.BEACH )_ I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of December,2001, and was again read to said City Council at a r-egular meeting thereof held on the 7th day of January.2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Dettloff,Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on 2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway, Citv Clerk of the City Council of the City �,� Ste' eouty city clerk of Huntington Beach, California 12-n-J` ORDINANCE NO. 3526 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AVIENDNG THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 231 THEREOF RELATING TO OFF-STREET.PARKING. AND LOADING PROVISIONS WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan) relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 231.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended_to read as follows: 231.04 Off-Street Parking and Loading Spaces Required A. Non-residential uses shall provide one loading space(minimum fourteen [14] feet in width, twenty [20] feet in length, and fourteen [14] feet in height) for each 20,000 square feet, or fraction thereof, of gross floor area; however, a maximum of three (3) such spaces are required for buildings exceeding 60,000 square feet. No loading space is required for non-residential uses with less than 20,000 square feet of gross floor area. B. Off-street parking spaces shall be provided in accord with the following schedule. References to spaces per square foot are to be computed on the basis of gross floor area, unless otherwise specified. Where the use is undetermined, the approving body shall determine the probable use and the number of parking and loading spaces required. In order to make this determination, the Director may require the submission of survey data prepared by a state-registered traffic engineer for the applicant or collected at the applicant's expense. Parking spaces over and above the minimum number specified in this section may be required by the body responsible for reviewing the use itself based on the intensity of the use. C. The Director may allow a parking reduction for a change of use if the increase in the required parking is not more than five(5) spaces. The change of use request must be on a site with two or more uses, have a minimum of 50 existing parking spaces and provide an upgrade of existing landscaping. This same reduction may be considered for uses complying with State Handicap Regulations as mandated by State Law and applicable to parking requirements. ord!OIzoning ord/chp231111/14/01 1 Ord.No.3526 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A Use Classification Spaces Residential Single-family Dwellings New construction 0-4 bedrooms 2 enclosed and 2 open 5 or more bedrooms 3 enclosed per unit and 3 open per unit Existing Dwellings 0-4 bedrooms 2 enclosed and 2 open' 5 or more bedrooms 2 enclosed per unit and 3 open per unit' In the RMH-A district 2 enclosed spaces per unit with up to three bedrooms, and 1 space for each additional bedroom; 1 additional space per dwelling where no on-street parking is allowed Multi-family Dwellings Studio/one bedroom 1 enclosed space per unit 2 bedrooms 2 spaces (1 enclosed) per unit 3 or more bedrooms. 2.5 spaces (1 enclosed)per unit Guests D.space per unit 'Open spaces may be behind any required spaces and/or on a street adjacent to the property.. On-street parking may not be reserved for residents and/or guests but must be available to the general public on a first-come, first-serve basis. Senior Studio/one bedroom 1 covered space per unit Two bedrooms 1.5 spaces per unit (1 covered) Manufactured Homes 2 spaces per unit; one covered, and one may be behind the first Guest 1 per 3 manufactured homes Rooming House 1 space per guest room plus 1 space per owner/manager plus 1 space per each 10 guest rooms Residential Care, Limited 1 per 3 beds Public and Semi-public I ord/OIzoning ord/chp23 I i 11/3/01 2 Ord.No.3526 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) Use Classification Off-Street Parking Spaces Clubs and Lodges I per 35 sq. ft. used for assembly purposes of l per 3 fixed seats`(18 inches=one seat), whichever is greater Cultural Facilities 1 per 300 sq. ft. gross floor area Day Care, General 1 per staff member plus one per classroom Government Offices 1 per 250 sq. ft. gross floor area Heliports As specified by use permit Hospitals 1 per 1.5 beds Maintenance and Service Facilities 1 per 500 sq. ft. Park and Recreation Facilities As specified by conditional use permit for private- facilities Public Safety Facilities As specified by the conditional use permit Religious Assembly. 1 per 35 sq. ft..of public:assembly area, or .1 per 3 fixed seats (18 inches= 1 seat), whichever is greater Residential Care, General 1 per 3 beds; plus additional spaces, as specified by conditional use permit Schools, Public or Private Preschools,nursery day care 1 per staff member,plus one per classroom Elementary,junior high 1.5 per classroom High school/college 7 per classroom Schools, Public or Private-cont. Trade schools, music 1 per 35 sq. ft. of instruction area conservatories Utilities,Major As specified by conditional use permit Commercial Ambulance Services 1 per 500 sq. ft.; plus 2 storage spaces Animal Sales and Services Animal boarding 1 per 200 sq. ft. Animal grooming 1 per 200 sq. ft. Animal hospitals 1 per 200 sq. ft. Animal, retail sales 1 per 200 sq. ft. Artists'Studios 1 per 1,000 sq. ft. ord/01 zoning ord/chp231/11/3/01 3 Ord.No.3526 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) Use Classification Off-Street Parking Spaces Banks and Savings &.Loans 1 per-200 sq. ft. Drive-Up Service Queue space for 5 cars per teller Building Materials and Services 1 per 1,000 sq. ft. of lot area; minimum 10 plus 1/300 sq. ft. office area Catering Services 1 per 400 sq. ft. Commercial Recreation and Entertainment Bowling Alleys 3 per lane,plus 1 per 250 sq. ft. of public assembly and retail areas Electronic Game Centers 1 per 200 sq. ft. Health Clubs 1 per 200 sq. ft. Stables 1 per 3 corrals plus 1 horse trailer space for each 10 corrals plus 2 for caretaker's unit Tennis/Racquetball 3 per court Theaters 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area if there are no fixed seats Other Commercial As 5pecified.by the Zoning Administrator or . Recreation and Entertainment Planning Commission Communications Facilities 1 per 500 sq. ft. Eating and Drinking Establishments with less than 12 seats 1 per 200 sq. ft. with more than 12 seats 1 per 60 sq. ft. or 1 per 100 sq. ft. when on a site with 3 or more uses Eating and Drinking Establishments- cont with dancing Plus 1 per 50 sq. ft. of dancing area with drive through service Plus queue space, for 5 camper service window Food and Beverage Sales 1 per.200 sq. ft. Furniture and Appliance Stores 1 per 500 sq. ft. excluding areas used for storage or loading,but not less than 5 Funeral and Interment Services 1 per 35 sq. ft. of seating space i Hardware Stores 1 per 200 sq. ft. excluding areas used for storage or loading,but not less than 5 Horticulture, Limited 1 per 2 acres Laboratories 1 per 500 sq. ft. ord/01 zoning ord/chp231/11/3/01 4 Ord.No.3526 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A (continued) Use Classification Off-Street Parking Spaces Maintenance and Repair Services 1.per 500 sq. ft. _ . Marine Sales and Services 1 per 500 sq. ft. Nurseries 1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing,but no less than 10; plus 1 per 300 sq. ft. office area Offices,Business and Professional 1 per 250 sq. ft. for less than 250,000 sq. ft.; 1 per 300 sq. ft. for 250,000 sq. ft. or more Offices, Medical and Dental 1 per 175 sq. ft. (includes out-patient medical/surgery centers) Pawn Shops I per 200 sq. ft. Personal Enrichment Services 1 per 35 sq. ft. of instruction area Personal Services 1 per 200 sq. ft. Research and Development Services. . 1 per 5.0G sq. ft. Retail Sales Not Listed Under Another 1 per 200 sq. ft. Use Classification. Sex Oriented Business (3378-2!98) Cabaret with less than 12 seats, 1 per 200 sq. ft.; with 12 seats or more, 1 per 60 sq. ft. or 1 per 100 sq. ft. if on a site with three or more uses (3378-2/98) . Sex Oriented Business (cont.) Encounter center 1 per 35 sq. ft. of instruction area (3378-2/98) Escort bureau 1 per 250 sq. ft. (3378-2/98) Hotel/Motel 1.1 per guest room; plus 1 per passenger transport vehicle(minimum of stalls) and 2 spaces for any manager's unit and parking for other uses as required by this schedule .(3378-2/98) Mini-motion picture theater, 1 per 3 fixed seats, or 1 per 35 sq. ft. seating area motion picture theater or if there are no fixed seats (3378-2/98) motion picture arcade Retail sales 1 per 200 sq. ft. (3378- 2'98) Swap Meets, Indoor/Flea Markets 1/100 sq. ft. except as may be modified by the Planning Commission through the conditional use permit process, after submittal, review and approval of a traffic engineering study ord/OIzoning ord/chp231/11/3/01 5 Ord.No.3526 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A(continued) Use Classification Off-Street Parking Spaces Vehicle/Equipment Sales and Services. Automobile Rentals 1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing, but no less than 10; plus 1/300 sq. ft. office area; 1/200 sq. ft. auto service area Automobile Washing(Car Wash) Full-service (attended) 10 With fuel sales 12 Self-service (unattended) 1.5 per wash stall Service Stations full-serve/repair garage 1 per 500 sq. ft. but no less than 5 self-serve 2 with convenience markets 1 per 200 sq. ft. of retail space but no less than 8 with self-serve car wash 4 with self-serve car wash 10 and convenience market Vehicle/Equipment Repair 1 per 200 sq. ft. but no less than 5 Vehicle/Equipment Sales 1 per 1,000 sq. ft. of indoor/outdoor sales and/or and Rentals display lot area accessible for public viewing,but no Jess than 10; plus 1 per 300 sq. ft. office area; 1 per 200 sq. ft. auto service area Vehicle Storage 1 per 5,000 sq. ft. lot area; no less than 5 Visitor Accommodations: Bed and Breakfast 1 per guest room plus 1 guest and 1 manager/owner space Visitor Accommodations (cont.) Hotels,Motels 1.1 per guest room; plus 1 per passenger transport . vehicle(minimum of 2 stalls) and 2 spaces for any manager's unit and parking for other uses as required by this schedule Single Room Occupancy,. 1.0 per unit, 10% shall be designated as visitor Residential Hotels parking; .1 per passenger transport vehicle (minimum of 1 stall) one loading space, and 2 spaces for any manager's unit, plus 0.5 per all remaining personnel (3494-5/01) Warehouse and Sales Outlets 1 per 200 sq. ft. Industrial Speculative buildings 1 per 500 sq. ft. (maximum.10% office area) ord/01 zoning ord/chp231/11/3/Ol 6 Ord.No.3526 OFF-STREET PARKING SPACES REQUIRED: SCHEDULE A(continued) Use Classification Off-Street Parking Spaces Manufacturing,research assembly, . 1 per 500 sq ft. packaging Wholesaling, warehousing and 1 per 1,000 sq. ft. distributing space Offices 1 per 250 sq. ft. if office area exceeds 10 percent of gross floor area Outside uses: Storage, wrecking/ 1 per 5,000 square feet of lot area, but no less salvage and lumber yards than 5 Mini-storage facilities Single-story l per 5,000 square feet Each additional story I per 2,000 square feet plus 2 spaces for any caretaker's unit SECTION 2: That Section 231.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 231.08 Reduced Parking for Certain Uses A. The Planning Commission may approve a conditional use permit to reduce the number of parking spaces to less than the number required per Schedule "A" in Section 231.04, provided that the following findings are made: 1. Parking demand will be less than the requirement in Schedule A; and 2. The proposed use of the building or structure,.will not generate additional parking demand; and 3. A Transportation Demand Management plan which exceeds the minimum required by Section 230.36 has been approved by the Director. B. The Planning Commission may consider survey data prepared by a state-registered traffic engineer and submitted.by an applicant or collected at the applicant's.request and expense as a basis for approval of a reduction in required parking. SECTION 3: That Section 231.18 the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 231.18 Design Standards A. Public Works Requirements. Drive entrances on arterial highways shall be located in a manner to coordinate with future median openings and in accord with Department of Public Works standards. The paved surface of driveways and drive entrances shall comply with Department of Public Works specifications. Parking facilities shall be ord/OIzoning ord!chp231/II/3/0t 7 Ord.No.3526 prepared, graded, and paved to ensure that all surface waters will drain into.a public street, alley, storm drain, or other drainage system approved by the Department of Public Works. Aisle ways without adjacent parking shall be a minimum 24 feet in width. > B. . .Circulation Desiart: All off-street parking spaces shall have access.to a public street or alley, and shall have internal circulation,safe entrances and exits, drives,-and aisles in conformance with City standards. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development. Commercial centers which have 200 parking spaces or more shall have at least one main entrance designed as depicted in Diagram B.) COMMERCIAL CENTER MAIN ENTRANCE FOR PARKING LOTS WITH OVER 200 SPACES DIAGRAM B A minimum 3-foot-by-3-foot-wide maneuvering area shall be provided at the end of dead-end parking aisles less than 150 feet in length. A vehicle turnaround space shall be-provided at-the end of all dead=end parking aisles which exceed 150 feet in length (measured from the closest intersecting aisle with complete_circulation). The maneuvering area and turnaround space shall be designed as depicted in Diagram C. Other turnaround arrangements providing the same maneuverability are subject to approval by the Director. Wheel-- , Maneuvering 19 ft. I, stop area I I9 ff. I 26 12"Step off area a.nfWnRAW-7.1i•R%'0RUP TURN-AROUND SPACE AND MANEUVERING AREA DIAGRAM C C. Illumination. All parking area lighting shall be energy-efficient and designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time-clock or photo-sensor system. ord/01 zoning ord/chp231/11/3/01 8 Ord.No.3526 D. Residential parking. 1. Gara-ges and Carports. All required garages and carports, permitted as accessory structures, shall be constructed at the same time as the main building and shall be used only by persons residing on the premises for storage of personal vehicles and other personal property. 2. Assignment of Spaces. Each studio and one bedroom dwelling unit shall have a minimum of one assigned parking space and each two or more bedroom units shall have a minimum of two assigned parking spaces. Each dwelling unit shall have an enclosed, assigned space which shall be within 200 feet walking distance of that unit and designated as such. The assigned spaces shall be provided with the rental of a dwelling unit without any additional cost. All unassigned spaces provided on site shall be open and only used for the parking of vehicles by persons residing on the property or their guests. 3. TurninQ Radius. The minimum turning radius for any garage, carport or open parking space, entered directly from an alley or driveway, shall be 25 feet. (See Diagram D) STREET GA AGE ------- --------Att-RY- DRIV WAY STREET STREET GADMORAVM31-TURN.BMP TURNING RADIUS DIAGRAM D 4. Drivewav Width. i Length of Drive Minimum Driveway Width 150 feet or less 10 ft. for single family dwellings ord/01 zoning ord/chp231/1 1/3/01 9 Ord.No.3526 20 ft. for multi-family dwellings Greater than 150 feet 20 feet clear width ExcgR ion: when designated as fire lane, all Fire Department requirements shall apply. 5. Guest Parkin: All guest parking shall be fully-accessible. 6. Coastal Zone. Each dwelling unit located in the Coastal Zone shall have a minimum of 2 on-site parking spaces. If the total coastal parking requirements exceed the total minimum parking as required by this chapter, the additional required parking spaces may be in tandem with enclosed spaces,provided the tandem space is assigned to an enclosed space and complies with the required turning radius.) 7. Planned Residential Developments. In a planned residential development where a garage is constructed a minimum of 20 feet from the curb, the driveway in front of the garage may be used to provide one of the required uncovered spaces. 8. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: 1) Fire Department approval for location and emergency entry. 2) Postmaster approval of location for mail boxes or entry for postal carrier. 3) Shall provide a driveway within a minimum of twenty(20) feet for vehicle stacking. 9. Driveway Air Space. The air space above all driveways which exceed 150 feet in length shall remain open to the sky, except that eaves or roof overhangs with a maximum 4-foot projection may be permitted above a height of 14 feet. 10. Storage Space. 100 cubic feet of enclosed storage space for each unit shall be provided in a secured parking area where there is no private garage. 11. Accessory Dwelling. One additional off-street parking space shall be required for an accessory dwelling, except that in the coastal zone there shall be a minimum of four(4)parking spaces on-site. E. Non-residential Parking and Loading. 1. Designated Parkin;.. Parking spaces within an integrated, non-residential complex shall not be designated for'exclusive use of any.individual tenant except as authorized by a parking management plan approved by the Director. 2. Parkin; Controls. Parking controls, such as valet service, or booths, and/or collection of fees may be permitted when authorized by conditional use permit approval by the Planning Commission. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits: 4) Fire Department approval for location and emergency entry. 5) Postmaster approval of location for mail boxes or entry for postal carrier. 6) Shall provide a driveway with a minimum of twenty(20) feet for vehicle stacking. ord/Ol zoning ord/chp231/11/3/01 10 Ord.No.3526 3. Minimum Driveway Width. 25 feet when providing access to the rear of a structure.) 4. Reciprocal Access. Reciprocal ingress/egress access with adjacent properties shall be provided.for all commercial properties. 5. Loading Location. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Director. An occupied loading space shall not prevent access to a required parking space. Truck or rail loading, dock facilities, and doors for such facilities shall not face or be located within 45 feet of property zoned or general planned residential. 6. Loading Design. Any loading facility shall be designed and located so that vehicles need not extend onto the public sidewalks, streets or alleys during loading activities. 7. Landscape Buffer. Where the side or rear yard of a parcel is used for loading activities and abuts an R District, a landscaped buffer along the property line shall be provided. F. Seasonal and Temporary Parking Lots. Seasonal and temporary parking lots may be allowed upon approval of a conditional use permit by the Zoning Administrator. Seasonal lots may operate only from Memorial Day through the third weekend in September and shall be located within 1,000 yards of the mean high tide line of the Pacific Ocean.. Temporary and seasonal commercial parking lots may be permitted for a maximum of five years.. The design and layout of seasonal and temporary parking lots shall comply with this chapter, Fire Department requirements, and the following standards: 1. Paving shall be 2 inches of asphalt over compacted native soil, or as approved by the Department; except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehicles and to provide dust control as required by the Zoning Administrator. 2. Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of 3 feet in height, solidly built: At a minimum,posts shall consist of 4" x 4"wood or equivalent metal posts a minimum of 1-1/2 inches in diameter securely set in the ground and placed 3 feet on center. The posts shall be connected with at least 1 strand of 1/2-inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. Seasonal lots shall be secured to prevent overnight parking . between the closing hour on one business day and the opening hour the following business day. 3. Temporary parking lots shall have landscaped planters with an inside dimension of 3 feet along street-side property lines excluding driveways. Landscaping shall be protected from vehicle and pedestrian damage by wheel bumpers (asphalt, concrete, or wood), or asphalt or concrete curbs, or any other design that will provide adequate protection. 4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232. ord/01 zoning ord/chp231/11/3/01 11 Ord.No.3526 5. Directional and informational signs shall be displayed on-site to identify the entrance(s), fees, and hours of operation. Such signs shall be located at the entrance of the parking lot and shall not exceed 12 square feet and shall be 6 feet high. Signs for seasonal parking lots shall be removed from the site each season no later than the third weekend in September. .6. Automatic entry devices.or fee collection.points shall be set back a minimum of 20 feet from the public right-of-way,or at a distance recommended by the Department of Public Works and approved by the Director. 7. An attendant shall be on duty at all times during business hours of seasonal parking lots. 8. An approved fire extinguisher shall be provided on the premises during business hours. 9. The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site to accommodate and store all trash that accumulates on the lot. For seasonal parking lots, a certificate of insurance for combined single limit bodily injury and/or property damage including products liability in the amount of S1,000,000 per occurrence shall be filed with the Department of Administrative Services. A hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services. Subsequent to.approval of an application for any seasonal or temporary parking lot, the applicant shall meet all standards and requirements and install all improvements. The parking lot shall then be inspected and approved by the Director prior to issuance of a Certificate to Operate. G. Parking Structures. Parking structures above or below grade shall be subject to conditional use permit approval by the Planning Commission when no other entitlement is required. In addition, parking structures proposed within the coastal zone shall be subject to approval of a coastal development permit. All parking structures shall comply with the following requirements: 1. Transition ramps which are also used as back-up space for parking stalls shall have a maximum slope of 5 percent. The maximum slope for transition ramps with no adjacent parking spaces shall be 10 percent. A ramp used for ingress and egress to a public street shall have a transition section.at least 16 feet long and a maximum slope of 5.percent. 2. Parking structures with over 300 spaces shall provide secondary circulation ramps and additional ingress and egress if deemed necessary by a traffic study prepared by a state-registered traffic engineer. 3. Parking structures shall be provided with'a minimum 10-foot-wide perimeter landscape planter at ground level. Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings. The Design Review Board'shall approve the landscaping plan. 4. All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design I ord/O I zoning ord/chp231/11/3/01 12 Ord.No.3526 Review Board prior to hearing. The Design Review Board shall consider the following factors in reviewing a proposal: bulk, scale,proportion, building materials, colors, signage, architectural features, and landscaping. 5. All parking structures proposed for conversion to a fee parking arrangement shall be subject to conditional use permit approval by the.Planning Commission. Public parking structures within.the coastal.zone proposed for conversion to a fee parking arrangement shall be subject to approval of a coastal development permit. SECTION 4: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of January , 2002. ATTEST: City Clerk o1-10-02 Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: a City A inistrator ity;Attomey. 1,Lblal INITIA D APPROVED: Z9; Z Direc or of lanning ord/0l zoning ord/chp23 U1113101 13 Ord. No. 3526 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY,the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,2002,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Dettloff,Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on Wit1"_A /7 ,2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Br ckwa i,City Clerk of the City Council of the City AL�eRuty City Cie rk of Huntington Beach, California t , ORDINANCE NO. 3527 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 233 THEREOF RELATING TO SIGNS WHEREAS,pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04,which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan) relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 233.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 233.04 . Permits Required Sign permits are required for all signs,unless expressly exempted under Section 233.08.'A sign permit (building permit) for a new sign or change in sign panel/face shall be obtained from the Planning and Building and Safety Departments prior to installation. A. Sign Permit. A complete sign application shall include the following information: 1. Two sets of fully-dimensioned plans drawn to scale. The plans shall include the following: a. Site plan indicating the location of all proposed signs, as well as the _ size and location of existing signs on the site. Photographs should be submitted if available. b. Sign elevations, indicating overall square footage and.letter/figure dimensions, letter style, color(indicate standard color number if applicable), materials,proposed copy and illumination method. C. Dimensioned building elevations with existing and proposed signs depicted. I 2. Property owner approval in the form of a letter or signature on the plans, approving the proposed signs and authorizing submission of the sign application. ord/OIzoning ord/chp233/12,13/01 1 Ord.No.3527 3. For wall signs, method of attachment; for freestanding signs, foundation plan, sign support and attachment plan. 4. Type and method of electrical insulation devices,where applicable. 5. Any design modification from the requirements of this chapter that have been approved shall be noted,.and compliance with the planned sign program, limited sign permit, or sign code exception shall be demonstrated:. B. Planned Sign Program. Approval of a planned sign program pursuant to Section 233.20 shall be required prior to application for a sign permit for the following requests: - 1. A site with five or more non-residential businesses or uses. 2. A site with two or more freestanding identification signs where there is a request for a new freestanding sign. 3. Commercial properties with 1,300 feet or more on one street frontage requesting more freestanding signs than allowed pursuant to Section 233.06. 4. Consolidated subdivision directional signs identifying multiple projects on multiple sign panels. 5. Service stations. 6. WalI signs for second floor businesses with.exterior access. 7. Wall signs installed on a building wall not adjacent to the business suite. C. Sign Code Exception: The Director may grant approval for a sign code exception of not more than 10% in sign height or sign area. Ten(10)working days prior to submittal for a building permit, applicant shall notice adjacent property owners and tenants by first class mail. Notice of application shall include the following: 1. Name of applicant. 2. Location of planned development or use, including address. 3. Nature of the proposed development shall be fully disclosed in the notice. 4. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. S. The date by which any comments must be received in writing by the Planning Department. 6. Planning Director shall receive entire list includinJ name and address of those receiving the mailing. The Design Review Board shall review and render a recommendation to the Director for sign code exception requests of more than IG% in sign height or sign area supergraphics,three-dimensional signs,and relief from the strict application of Section 233.06. The following findings shall be made prior to approval of any sign code exception: 1. The sign is compatible with the character of the area and is needed due to special circumstances defined by the applicant and applicable to the property. ord/01 zoning ord/chp233/12/13/01 2 Ord.No.3527 2. The sign will not adversely affect other signs in the area. 3. The sign will not be detrimental to properties located in the vicinity. 4. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. D. Limited Sign Permit: The owner of a sign which does not conform to the provisions of Section 233.06 may file an application for a limited sign permit to the Director for permission to change the face or copy of such sign. A limited sign permit cannot be processed for illegal signs or signs listed as prohibited in Section 233.10. The Director may approve the face change and extend a sign's use for a time period deemed appropriate,not to exceed two (2) years. A sign permit shall be obtained prior to installation of the new sign panel/face. A cash bond in an amount determined by the Director to reflect the cost of removal based on information provided by a sign company shall be required to guarantee the sign%removal upon expiration of the limited sign permit. Approval shall be subject to the following findings: 1. Due to unique circumstances, the sign's immediate removal will result in a substantial hardship for the applicant. 2. The sign will not adversely affect other lawfully erected signs in the area. 3. The sign will not be detrimental to properties located in the vicinity. 4. The sign will be in keeping with.the character of the surrounding area. 5. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. E. Design Review Board. When authorized by the provisions of this code, the Design Review Board(DRB)shall review and render a recommendation to the appropriate decision maker(Zoning Administrator, Director,Planning Commission,.etc.)on the following items prior to application for a sign permit to the Building Department: 1. Electronic Readerboard Signs. 2. Signs on properties within the following areas: a. Redevelopment project areas; b. Areas subject to specific plans which do not include design guidelines for signs; C. Areas within 500 feet of PS (Public Semipublic) districts; d. OS-PR(Open Space-Parks and Recreation)and OS-S (Open Space- Shoreline districts); and e. Areas designated by the City Council. ord/Olzoning ord/chp233/12/1I01 3 Ord.No.3527 F. Temporary Sign Permits. The Director may issue a temporary sign permit valid for up to 30 days, if it is found that the temporary sign is necessary to establish or maintain identity until a permanent sign can be erected. Extensions of the 30 day permit may be granted at the discretion of the Director. The Director may also approve a temporary sign permit for the following temporary signs provided the signs conform with the standards defined in Section 233.06: 1: Signs necessary to avoid a dangerous condition, including directional signs during construction. 2. Signs pertaining to a use permitted by a temporary use permit. 3. Promotional activity non-exempt signs, a maximum of 90 days per calendar year pursuant to Section 233.18. SECTION 2: That Section 233.20 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 233.20 Planned Sign Program A planned sign program shall be submitted to the Director when required by Section 233.04 B. Such program shall be reviewed and approved by the Director prior to issuance of any permit for signs. The purpose of the planned sign program is to encourage coordinated and quality sign design as well as to permit more flexible sign standards for commercial and industrial centers. The standards of Section 233.06 shall.be used as a guide in the.design of.a planned sign program. The property owner shall designate a person or firm as the primary liaison with the City for.the. purpose of submitting sign permit requests in conformance with the approved planned sign program. A. Planned sign program applications shall be submitted to the Planning Division and shall include the following: 1. A site plan, drawn to scale, depicting the precise locations of all buildings and signs; 2. Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, or projecting signs are proposed; 3. Written text.describing the specific sign criteria for the property. The. program:shall, at minimum, include provisions regulating sign height, area, sign type, colors, design and location. 4. A statement of the reasons for any requested modifications to the provisions or standards of this chapter; and 5. The name, address, and telephone number of the person or fine responsible for administering the planned sign program. B. A planned sign program may include more than one freestanding sign per parcel or other deviations from the standards of this chapter, provided that the total sign area does not exceed the area otherwise permitted by Section 233.06 by more than ord/0lzoning ord/chp233/12/13/01 4 Ord.No.3527 10 percent, or by 30%for multiple automobile franchises occupying the same lot, and commercial businesses with 50,000 square feet or more of floor area. In approving a planned sign program, the Director shall find: 1. That the proposed signs are compatible with the style or character of existing improvements on the site and are well related to each other, reflecting a common theme and design style: C. The Director may require any reasonable conditions necessary to carry out the intent of the planned sign program. For developments with existing signs, a schedule or phasing plan for bringing such signs into conformance with the planned sign program shall be submitted and become part of the approval..A cash bond may be required to guarantee their modification or removal. SECTION 3: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of January , 200 2 . ATTEST: 4 emtlo� City Clerk Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: 6�1 - I7-1,3101 City Ad istrator City Attorney INITI TED AND APPROVED: —A!Y15 Director of Planning ord/Olzoning ord/chp233/12/13/01 5 Ord. No. 3527 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY,the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,2002,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Dettloff,Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify.that a synopsis of this " ordinance has been published in the Independent on ,7-"Z .# v 1- .2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway.Qy Clerk of the City Council of the City &eeyuty City Clerk of Huntington Beach, California r2_11_01 ORDINANCE NO. 3528A AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 236.OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION.ORDINANCE_RELATING TO NONCONFORMING USES AND STRUCTURES The City Council of the City of Huntington Beach does hereby ordain as follows: _ SECTION 1. Section 236.06 of the Huntington Beach Municipal Code is hereby amended to read as follows: 236.06 Alterations to a Nonconforming Structure or Use A. Interior alterations and/or repairs may be made which do not enlarge the square footage or increase the height of a nonconforming use. Reroofing for health and safety purposes may also be permitted. B. A structure for a nonconforming use shall not be enlarged or altered on the exterior in any manner unless: 1. All aspects of the existing structure and the proposed addition are made.to. conform to applicable provisions of this Code, or 2. The Zoning Administrator permits such alteration subject to approval of a conditional use permit with the following findings: a. That the alteration is necessary to secure added safety or reduce the fire hazard or to improve the aesthetic appearance of the structure's architecture by bringing the design into greater conformance with the surrounding neighborhood. b. That the alteration or addition will not increase the number of stories. C. That the alterations will not cause the floor area to exceed more than ten (10%)percent of the floor area the structure contained at the time the use became nonconforming. C. Nonconforming structures may be altered or enlarged provided that the alteration or enlargement is in conformance with applicable provisions of Titles 21 and 22. D. Additions to nonconforming structures proposed to be constructed at the existing nonconforming yard setbacks shall be subject to approval of a conditional use permit by the Zoning Administrator. E. The area of enlargement to a nonconforming structure in any five year period shall not exceed 50%of the area of-the structure as it exists on the effective date of this ordinance. ord/01zon/chp236/12i6/01 1 Ord. No. 3528A SECTION 2 This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the.City of Huntington Beach at a regular meeting thereof held on the 7th. day of January . ;1002 Mayor ATTE T: • �Zu�-' APPROVED AS TO FORM: City Clerk di-jd-oz .- City Attorney REVIEWED AND APPROVED: itI r1 lot L IITIA LED AND APPROVED: City A inistrator Director of Planning ord/01zon/chp236/12/6/01 2 Ord. No. 3528A STATE OF CALIFORNIA ). COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and.ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January, 2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Dettloff,Bauer, Cook, Green,Boardman NOES: None ABSENT: Houchen ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-ofcio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on ` { ','�'�^' 2002 In accordance«ith the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway.City Clerk of the City.Council of the City uty City Clerk of Huntington Beach, California °I ORDINANCE NO. 3528E AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER241 THEREOF.RELATING TO-VARIOUS USE PERMITS AND WAIVER OF DEVELOPMENT STANDARDS WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan) relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW,THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 241.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 241.04 Authority of Planning Commission and Zoning Administrator The Planning Commission or the Zoning Administrator, as the case may be, shall approve or conditionally approve applications for conditional use permits or variances upon finding that the proposed conditional use permit or variance is consistent with the General Plan, and all applicable requirements of the Municipal Code, consistent with the requirements of Section 241.10. The Planning Commission shall act on all variances except the Zoning Administrator may act on variances not exceeding twenty percent deviation from site coverage, separation between buildings,height, setback,parking, and landscape requirements. SECTION 2: That Section 241.20 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 241.20 Temporary Use Permits A temporary use permit authorizing certain temporary use classifications, as defined in Chapter 204 and as listed in the land-use controls for the base districts in which the use will be located, and use of manufactured homes for temporary construction offices, shall be subject to the following provisions: A. Application and Fee. A completed application form and the required fee shall be submitted to the Director. The Director may request any other plans and materials necessary to assess the potential impacts of the proposed temporary use. B. Director. The Director shall act on temporary uses held for three or fewer consecutive days that do not include live entertainment. The Director shall approve, ord/01 zoning ord/chp241;11/14 01 1 Ord. No. 3528B approve with conditions, or deny a complete application within a reasonable time. No notice or public hearing shall be required for uses which are held for 3 or fewer consecutive days. Such uses shall be approved with a temporary activity permit. C. Duties of the Zoning Administrator. The Zoning Administrator shall act on temporary uses held. for more than three days or that include live entertainment. The Zoning Administrator shall approve, approve with conditions, or deny a complete . application within a reasonable.time. D. Required Findings. The application shall be approved as submitted, or in modified form, if the Director or Zoning Administrator finds: 1. That the proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan, and if located within the coastal zone, consistent with the policies of the Local Coastal Program, and the provisions of this chapter; and 2. That approval of the application will not be detrimental to property or improvements in the surrounding area or to the public-health, safety or general welfare. E. Conditions of Approval. In approving a temporary use permit, the Director or the Zoning Administrator may impose reasonable conditions necessary to: I. To be consistent with the General Plan and in the coastal zone to be consistent with the Local.Coastal.Pro gram; 2. Protect the public health, safety, and general.welfare or 3. Ensure operation and maintenance of the temporary use in a manner compatible with existing uses on adjoining properties and in the surrounding area. F. Bond for Temporary.Uses. A $500 cash bond shall be required to guarantee removal of any structure, clean up of site upon termination of the temporary use, and to guarantee maintenance of the property. A S1,000 cash bond shall be required for a subdivision sales office and each model home to guarantee compliance with all provisions of Titles 17 and 20 through 25. G. Effective Date; Duration; Appeals. An approved temporary(conditional) use permit shall be effective 10 days after the date of its approval, unless appealed in accord with Chapter 248. The permit shall be valid for a specified time period not to exceed 30 days unless a longer period is granted by the Zoning Administrator. A temporary use permit shall lapse if not used within the dates approved and may be revoked by the Zoning Administrator effective immediately upon verbal or written notice for violation of the terms of the permit. Verbal notice shall be confirmed by written notice mailed to the permit holder within 48 hours. The Zoning Administrator may approve changes in a temporary use permit. SECTION 3: That Section 241.22 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: ord/OI zoning ord/chp241/11/8/01 2 Ord. No. 3528B 241.22 Waiver of Development Standards A. Standards Which Can be Waived. The Director may waive development standards for setbacks, open space, separation between buildings, height of buildings or fences, site coverage and landscaping-without a conditional use permit or a variance, only if he finds that suck a waiver improves project design and does not exceed 10 percent deviation.. No other.standards shall be.subject to this.waiver provision: B. Time Limit. A waiver shall become null and void six months after date of approval. C. Extensions. A waiver shall not be extended for more than one year unless the applicant demonstrates that no circumstances relevant to the approval of the waiver, including other development in the neighborhood, have changed from the time of approval. D. Limitations. A waiver may not be granted if the waiver would in any way degrade the environment or result in any changes to classification of land use or to height or density. Also, projects not otherwise subject to discretionary review (i.e., conditional use permit, variance, coastal development permit, or subdivision approval) may not apply for waiver. E. Decisions and Appeals. The Director's decision may be appealed in accord with Chapter 248. The Director's decision shall be distributed to the City Council, Planning Commission, and Zoning Administrator within 48 hours of such decision. SECTION 4: This ordinance shall.take effect thirty days after its adoption:. . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of January , 2002. ATTEST: City Clerk Ol—Jd—a2 Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Admi s rator City Attome INITL&SED AND APPROVED: . i 2 Director of Planning ord/OIZonine ord/chp241/11/2/01 3 Ord. No.3528B STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of December,2001; and was again read to said City Council at a regular meeting thereof held on the 7th day of January,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Dettloff, Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-0ff cio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on G / 2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway.Citv Clerk of the City Council of the City w � e Uty City Clerk of Huntington Beach, California ORDINANCE NO. 3529 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON -REACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 244 THEREOF RELATING TO DESIGN REVIEW WHEREAS, pursuant to the California State Planning and Zoning Law,the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan)relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented,the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 244.02 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 244.02 Applicability Design review is required for projects in redevelopment areas, areas subject to specific plans, areas designated by the City Council,projects abutting or adjoining PS districts and sign code exceptions pursuant to Section 233.04. SECTION 2: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of January , 2002 . ATTEST: City Clerk 41-10-dz Mayor REVIEWED AT\D APPROVED: APPROVED AS TO FORM: City Ad inistrator ity Attorney 11JUID I INITIA 'D A D APPROVED: Paz- 2 Director of ffanning ord/01zoning ordichp244/1 1/2/01 1 Ord.No. 3529 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ). I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do'hereby certify that the.whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a re ular meeting thereof held on the 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Dettloff,Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen ABSTAIN: None I,Connie Brockway CrrY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on .2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway.City Clerk of the City Council of the City u City Clerk of Huntington Beach, California • Iz-r7-JI ORDINANCE NO. 3530 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 250 THEREOF RELATING TO GENERAL PROVISIONS WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan)relating to permit streamlining and development processi1.ng; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence.presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 250.14 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 250.14 Map Requirements . A. Tentative and Final Map. A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civic Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units. Exceptions as stated in Section 66426 of the Subdivision Map Act shall comply with Subsection B. B. Tentative and Parcel Map. A tentative and parcel map shall be required for all divisions of land into four or fewer parcels and exceptions stated in Section 66426 of the Subdivision Map Act. However parcel maps shall not be required for: I. Subdivisions of a portion of the operating right-of--,way of a railroad corporation, which are created by short-term leases terminable by either party on not more than 30 days' notice in writing. 2. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made by the Department in individual cases, upon substantial evidence, that public policy necessitates a parcel map. If a parcel map is not required, the dedication or offer must be indicated by a separate instrument. 3. Lot line adjustments, provided: ord/O I zoning ord,chp250/11 A 4/01 1 Ord. No. 3530 a. No additional parcels or building sites are created; b. The resulting parcels conform to Titles 20-24 (Zoning) of this Code; c. The lot line adjustment shall not sever any existing structure on either of the two parcels: d. The lot line adjustment shall not allow a greater number of dwelling units than allowed prior to the adjustment. e. The lot line adjustment is approved by the Director or by the Planning Commission on appeal; and f. A plat map showing the lot line adjustment is prepared, approved, and filed in accord with the provisions of Section 253.24. 4. Parcel maps waived by the Zoning Administrator as provided by Section 251.20. C. Desi>;nation of Remainder Parcel. When a subdivision includes a remainder parcel as provided in Section 66424.6 of the Subdivision Map Act, the remainder parcel shall be in conformance with Titles 20-24 and shall require a Certificate of Compliance as provided by Section 258.06. SECTION 2: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of January , 2002 . ATTE T: qa '—� City Clerk ol-lA=oz Mayor REVIEWED AND APPROVED: APPROVED 4S TO FORM: City Adrrinistrator G"� City Attorney INITLAFED AND APPROVED: A*� //Z- Dire or of Plannin ord/O l zonin.g ord,"chp2_50/1 1/2/01 2 t 1 , Ord. No. 3530 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ). I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Dettloff, Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-0fficio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway.City Clerk of the City Council of the City L.�u'��� "Duty city Clerk of Huntington Beach, California ORDINANCE NO. 5 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 257 THEREOF RELATING TO MERGERS WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan) relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds_that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 257.04 of the Huntington Beach Zoning and Subdivision Ordinance.is hereby amended to read as follows: 257.04 Notice of Intention to Determine Status Prior to recording a Notice of Merger, the Director shall mail,by certified mail, a Notice of Intention to Determine Status to the current record owner of the property. The notice shall state that the affected parcels may be merged pursuant to this chapter and that, within 30 days from the date the Notice of Intention was recorded, the owner may request a hearing before the Director to present evidence that the property does not meet the criteria for merger. The Notice of Intention to Determine Status shall be filed for record with the County Recorder by the Director on the same day that the notice is mailed to the property owner. SECTION 2: That Section 257.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 257.06 Hearing on Determination of Status The owner of the affected property may file a written request for a hearing with the Director within 30 days after recording of the Notice of Intention to Determine Status. Upon receipt of the request,. the Director shall set a time, date and place for a hearing before the Director and notify the owner by certified mail. The hearing shall be conducted within 60 days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the Director and the property owner. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this chapter. ord/01 zoning ord/chp257/11;14/01 1 Ord. No. 3531 At the conclusion of the hearing, the Director shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. Such notification shall be mailed to the property owner by the Director within five days of the date of the hearing. SECTION 3: That Section 257.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended_to read as follows: 257.08 Determination of Merger If the Director makes a determination that the parcels are to be merged, a Notice of Merger shall be filed for record with the County.Recorder by the Director within 30 days of the conclusion of the hearing, unless the decision has been appealed pursuant to Section 257.10. The Notice of Merger shall specify the name of the record owner and a description of the property. If the Director makes a determination that the parcels shall not be merged, a release of the Notice of Intention to Determine Status shall be filed for record with the County Recorder by the Planning Department within 30 days after the Director's determination and a clearance letter shall be mailed to the owner by the Director. SECTION 4: That Section 257.10 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 257.10 Appeals The determination of the Director may be.appealed to the Planning Commission in accordance with Chapter 248, provided that the appeal shall be filed within 10 calendar days of the date of mailing of the Notice of Determination and the Planning Commission shall hear the appeal within 60 days from the date of appeal. If, after this hearing, the Planning Commission grants the appeal and determines that the affected property has not been merged pursuant to this chapter, the Director shall, within 30 days after the Planning Commission determination, file with the County Recorder'a release of the Notice of Intention to Determine Status and mail a clearance letter to the owner. SECTION 5: That Section 257.12 of the Huntington Beach Zoning and Subdivision Ordinance is hereby-amended to read as follows: 257.12 Determination When No Hearing Is Requested If the owner does not file a request for a hearing within 30 days after the recording of the Notice of Intention to Determine Status, the Director may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a Notice of Merger shall be filed for record with the County Recorder by the Director within 90 days after the mailing of the Notice of Intention to Determine Status pursuant to Section 257.04. SECTION 6: That Section 257.16 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 257.16 Request for Determination by Owner Upon written application made by the owner to the Director, the Director shall make a determination that the affected parcels have merged or are to be merged. If the Director determines that the parcels have not merged, the owner shall be so notified by the Director. ord/01zoning ord/chp257/I1/2/01 REQUEST FOR ACTION MEETING DATE: May 19, 2003 DEPARTMENT ID NUMBER: PL03-11 Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach Location: 2000 Main Street, Huntington Beach, CA 92648 Local Coastal Program Amendment No. 03-1 represents a request to approve a resolution to forward to the California Coastal Commission twelve zoning text and map amendments approved by the City Council over the last four years. The specific amendments are listed below and generally described in Attachment No. 2. Date of City Ordinance Council No. No. Entitlement Subject Approval Zoning Map Amendment No. 99- Zoning/GP Consistency 3 Rezone from RM to PS 1 3438, 3439 2721 Delaware (Sub-Area A) Rezone from RL to PS 11/15/99 & 3442 8702 Atlanta (Sub-Area B) Rezone from RMH to PS 9812 Hamilton Sub-Area E Zoning Map Amendment No. 01- 2 3533 2 Rezone from RM-O to PS 1/7/02 2134 Main Sunrise Development) Zoning Map Amendment No. 01- Zoning/GP Consistency 3 Rezone from RM-O to OS-PR 3 3543, 3544 2309 Delaware(Sub-Area A) & 3545 Rezone from RM to PS 6/3/02 19191 17th (Sub-Area B) Rezone from IL to PS 19001 Huntington Sub-Area C Amend Parkland Zoning Text Amendment No. 01- Dedication & In-Lieu Fees 4 3562 2 to address the use and 6/3/02 method of calculating the fees Zoning Text Amendment No. 01- Amend 12 chapters of the 5 3520 - 3532 4 ZSO to streamline various 1/7/02 entitlement processes Zoning Text Amendment No. 01- Amend Coastal 6 3517 7 Development Permit 12/17/01 AppealLanguage PL03-111 -2- 5/12/2003 2:34 PM REQUEST FOR ACTION MEETING DATE: May 19, 2003 DEPARTMENT ID NUMBER: PL03-11 Delete provision which 7 3553 Zoning Text Amendment No. 01- prohibits PS uses on sites 4/15/02 9 2 acres or greater in Commercial Districts Date of City Ordinance Council No. No. Entitlement Subject Approval Zoning Text Amendment No. 02- Establish development 8 3568 1 standards for Wireless 8/19/02 Communication Facilities Zoning Text Amendment No. 02- Remove Park Site 9 3542 3 designation within 4/15/02 Ellis/Goldenwest SP Zoning Text Amendment No. 02- Permit religious assembly 10 3563 4 uses within 7/1/02 Ellis/Goldenwest SP 3594,3596 Establishment of a Park & Zoning Text Amendment No. 02- and Recreation Fee for 11 Resolutions 5 e construction of new 12/16/02 02-121 & s: 02-129 building floor area Resolutions 02-98 & General Plan Amendment No. Revision to Circulation 12 02-99 (Not 02-2 & Local Coastal Program Element by deleting a 10/21/02 included in Amendment No. 02-2 portion of Orange Avenue Resolution 2003-34 B. BACKGROUND The City's Local Coastal Program consists of two parts: the Coastal Element and the Implementing Ordinances. The Implementing Ordinances include the Zoning and Subdivision Ordinance and specific plans that encompass coastal zone property (Downtown Specific Plan, Holly Seacliff Specific Plan, Seacliff Specific Plan, Palm and Goldenwest Specific Plan, and Magnolia Pacific Specific Plan). Any changes to the Implementing Ordinances must be forwarded to the Coastal Commission as a local coastal program amendment (LCPA). C. STAFF ANALYSIS AND RECOMMENDATION: This LCPA represents a minor amendment to the City's Local Coastal Program. All of the amendments have been approved by the City Council with public hearings and no coastal related issues were brought forward. Staff has grouped these amendments as one LCPA to minimize staff and administrative time because they are minor from the Coastal Commission's perspective. PL03-111 -3- 5/12/2003 2:34 PM REQUEST FOR ACTION MEETING DATE: May 19, 2003 DEPARTMENT ID NUMBER: PL03-11 Environmental Status: All of the zoning text and map amendments have been analyzed per the California Environmental Quality Act. The subject resolution to forward these amendments to the Coastal Commission does not require additional environmental review. Attachment(s): City Clerk's Page Number No. Description 1. Resolution No. A i66`ks F, or, <ie,: r �c� �•� e .e 2. Summary of Subject Entitlements RCA Author: Jason Kelley/Scott Hess I PL03-11 -4- 5/2/2003 1:45 PM ' ' ATTACHMENT 1 of caws#'/ Ca, rra. `RESOLUTION NO. 9003-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 03-01. AND REQUESTING ITS CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION WHEREAS, after notice duly given pursuant to Government Code Section 65090 and Public Resources Code Sections 30503 and 30510,the Planning Commission of the City of Huntington Beach held public hearings to consider the adoption of the Huntington Beach Local Coastal Program Amendment No. 03-01, and such amendment was recommended to the City Council for adoption; and The City Council, after giving notice as prescribed by law,held at least one public meeting regarding the proposed Huntington Beach Local Coastal Program mAmendment No. 03-01, and:the City Council finds that the proposed amendment is consistent with the Certified Huntington Beach Coastal Land Use Plan and Chapter 6 of the California Coastal Act; and The City Council of the City of Huntington Beach intends to implement the Local Coastal Program in a manner fully consistent with the California Coastal Act, NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. That the Huntington Beach Local Coastal Program Amendment No. 03=01 is hereby approved, consisting of certain Ordinances pertaining to Zoning Text Amendments (ZTA) and Zoning Map Amendments (ZMA) as listed below: 1 03Reso/Amend 03.01/PDA/jn RLS 2003-0189 3/26/2003 Ordinance Subject Description No. 3438 (Sub Area A) ZMA No. 99-3 Various Locations No. 3439 (Sub Area B) ZMA No. 99-3 Various Locations No. 3442 (Sub Area E) ZMA No. 99-3. Various Locations No. 3533 ZMA No.`01-2 Sunrise Development No. 3543(Sub Area A) ZMA No. 01-3 Various Locations No. 3544 (Sub Area B) ZMA No. 01-3 Various Locations No. 3545 (Sub Area C) ZMA No. 01-3 Various Locations No. 3562 ZTA No. 01-2 Parkland In-Lieu Fee No. 3520-3532 ZTA No. 01-4 Permit Streamlining No. 3517 ZTA No. 01-7 CDP Appeal Language No. 3553 ZTA No. 01-9 Delete 2 Acre Provision No. 3568 ZTA No. 02-1 Wireless Communication Facility No. 3542 ZTA No. 02-3 Remove Park Site Within Ellis/Golden West S.P. No. 3563 ZTA No. 02-4 Permit Religious Uses Within Ellis/Golden West S.P. No. 3596 ZTA No. 02-5 Park& Recreation Fees Resolution 2002-129 ZTA No. 02-5 Park and Recreation Fees No. 3594 ZTA No. 02-5 Park and Recreation Fees Resolution 2002-121 ZTA No. 02-5 Park and Recreation Fees Copies of the aforesaid ordinances and resolutions are attached hereto as Exhibit A through R, respectively, and are incorporated by this reference as though fully set forth herein. SECTION 2. That the California Coastal Commission is hereby requested to consider, approve and certify Huntington Beach Local Coastal Program Amendment No. 03-01. SECTION 3. That pursuant to Section 13551(b) of the Coastal Commission Regulations, Huntington Beach Local Coastal Program Amendment No. 03-01 will take effect automatically upon Coastal Commission approval, as provided in Public Resources Code Sections 30512, 30513. and 30519. 2 03Reso/Amend 03.01/PDA/jn RLS 2003-0189 3/26/2003 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day ofa� 12003. 1 Mayor ATTEST: APPROVED AS TO FORM: dhw.-� City Clerk Cily Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: <�p!", -9e�� Z,�, City A nistrator Director of Planning 3 03Reso/Amend 03.01/PDA/jn RLS 2003-0189 3/26/2003 Res. No. 2003-34 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 19th day of May 2003 by the following vote: AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: None ABSTAIN: None 409.;.4 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 59 ti j AVM E o" CLAY (SU.MM%T ST:.I •' i ' o.. 40 our � •�, W .�• •a •'I (D� ,•V .N• 'r V+� _Y,. ,�•'. 1. .W �• �jF`. ?i .' •3•i. .0 - '� -...', '' '.r'. ''f'A' ..r ,J•1:,'►• • i +y/�.:7 • ,y VI.� /' I:f' •' '1. :'7! .phi j i:1..I,r.'�',''^' '1. ''�.}�'\•• _ '• •'.: •'�•'� �::�•��' ,`•' '/:' 'y•:v::. 7•N �•� ",:{.�• ;ram: :,+ .I .r•• .�. ,s• {: v - 01 :Q 1' v. ajL ,�.r, 1• ,(n '' '.,.' 's � - •�• .t . ..�,f.ti yr,/, t ;:j •I t•w :�, � ,{\l'l: '''' .''r�., .. rri ej Zjt + •, , �1. '•2 9 , „i;�.ter� ^.•.,.4r�,°w+ .L e��•�•//''%••'''4i,'.. � . OO :7! ,•� '.r. s'.•, '} I •�• .. ., Jar. J.r\ !•r' .. �J6 -•W •r ':.id•Ml•(• •i'• ~�i •I• -a•,.. .4i'..1• '•H'.l.••i]•��fJ,• '•• ;f�+.l' .�. .1' - -•1�, yi'' •''••.. "L• .i t'. �r�. •tiSl'�..,�1•�:.. :�. '1..1� ...•' "p'r-+y ',':1'.'`� r• .. y. '1• .� ., t �i i '' 'Ri'ti9.1�, j t j,'� ,�. '•. _ •� IiFL•AN Q ;AVENU 'a a.. ►" :;` ''r' ;r, ''%'4: ,: A LE � ' '`~ •'. `� • '' ..` 1'/37 sp •i '�: -'', !' 1 .0 L' i�" ' ;� Win. Aq V1 • (r/ti. �^1(1J• . � '1 . - •� •''.'.r.l. .r. .. _ •`rn. .G.' .....- . .P• ..Q. .. .. .'Q�..•+V -... . . .'4 Ord. No. 3438 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH.) . . I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of November, 1999, and was again read to said City Council at a regular meeting thereof held on the 15th day of November, 1999, and was passed and adopted by the affirmative vote of at least a majority of all the members.of said City Council. AYES: Julien,.Bauer, Green, Dettloff, Harman, Sullivan NOES: Garofalo ABSENT: None ABSTAIN: Bauer, Garofalo I,Connie Brockway CrrY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been publis�hed)iathe Independent on L o !^ &&&Amp> In accordance with the City Charter of said City City Clerk and ex-offlclo Cl Connie Brocigyay Ci Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California G/ordinanc/ordbkpg 11/18/99 ' A 94 l.x .Zi)f-04121 ORDINANCE NO. 3 4 3 9 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING.THE HUNTINGTON.BEACH ZONING AND SUBDIVISION ORDINANCE BY CHANGING THE ZONING DESIGNATION FROM RL (LOW DENSITY RESIDENTIAL) TO PS (PUBLIC, SEMI-PUBLIC) ON REAL PROPERTY LOCATED ON THE SOUTH SIDE OF ATLANTA BETWEEN NEWLAND AND MAGNOLIA (ZONING MAP AMENDMENT NO. 99-3, Sub-Area B) WHEREAS, pursuant to the State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate public hearings relative to Zoning Map Amendment No. 99-3, wherein both bodies have carefully considered all information presented at said hearings, and after due consideration of the findings and recommendations of the Planning Commission and all evidence presented to said City Council, the City Council finds.that such zone change is proper,and consistent with the General Plan. NOW, THEREFORE,the City Council of the City of Huntington Beach does ordain as follows: SECTION 1. That the real property located on the south side of Atlanta between Newland and Magnolia,and more particularly described in the legal description and sketch collectively attached hereto as.Exhibit A and incorporated by this reference as though fully set forth herein, is hereby changed from RL(Low Density Residential)to PS (Public, Semi-Public). SECTION 2. That the Director of Planning is hereby directed to amend Sectional District Map 14Z of the Huntington Beach Zoning and Subdivision Ordinance to reflect . the changes contained in this ordinance. The Director of Planning is further directed to file 1 4/s A-990rd inance:Newland RLS 99-522 9/15/99 o n�C 3�3 the amended map. A copy of such map, as amended, shall be available for inspection in the Office of the City Clerk. SECTION I This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of November 1999 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City A ministrator Director of Pl mg Attachment: Exhibit A 2 4/s:4-990rd inance:Newland RLS 99-522 9/15199 39 AP# 148-101-27 BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF TRACT 7079, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 368, PAGES 42 AND 43, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF.SAID COUNTY; THENCE NORTH 0° 39'.46" WEST 490.08 FEET ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT I TO A POINT ON A LINE, SAID LINE BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF ATLANTA AVENUE; THENCE SOUTH 89° 36' 18" WEST 329.98 FEET ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE TO A POINT ON A LINE, SAID LINE BEING THE NORTHERLY PROLONGATION OF LOT 4 OF SAID TRACT 7079; THENCE SOUTH 0° 39' 48" EAST 490.15 FEET ALONG SAID NORTHERLY PROLONGATION TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF SAID LOT 4; THENCE NORTH 890 35' 35" EAST 329.98 FEET ALONG THE NORTH LINE OF SAID TRACT 7079 TO THE POINT OF BEGINNING. 35430 .'�; •j�rlf•• �. .. 1 `/l, � � � � T - ,_ r•..; n'e�'11 r•r+:��; s(Q��..1.~�„+� I. mac• C '�► ,. ,. .... � 1 toll eel tit. or flip O . 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No. 3439 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of November, 1999, and was again read to said City Council at a regular meeting thereof held on the 15th day of November, 1999, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: Garofalo ABSENT: None ABSTAIN: Bauer, Garofalo I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been published in the Independent on v L� 27 /p ,19 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway City Clerk of the City Council of the City Aft.4,-Dewty City Clerk of Huntington Beach, California G/ordinanc/ordbkpg 11/18/99 � �.� xis�" �-�•s ;+� # 5" r+ � „ - _ � L t' '4kp. {F xtS, le ORDINANCE NO. 3 4 4 2 I AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH:ZONING AND.SUBDIVISION ORDINANCE BY CHANGING THE ZONING_DESIGNATION FROM RMH (MEDIUM HIGH DENSITY RESIDENTIAL) TO PS (PUBLIC, SEMI-PUBLIC) ON REAL PROPERTY LOCATED ON THE SOUTH SIDE OF HAMILTON, WEST OF BROOKHURST (ZONING MAP AMENDMENT NO. 99-3, Sub-Area E) WHEREAS,pursuant to the State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate public hearings relative to Zoning Map Amendment No. 99-3, wherein both bodies have carefully considered all information presented at said hearings, and after due consideration of the findings and recommendations of the Planning Commission and all evidence presented to said City Council,the City Council finds that such zone change is.proper, and consistent with the General Plan. NOW, THEREFORE,the City Council of the City of Huntington Beach does ordain as follows: SECTION 1. That the real property located on the south side of Hamilton,west of Brookhurst, and more particularly described in the legal description and sketch collectively attached hereto.as Exhibit A and incorporated by this reference as though_fully set forth herein, is hereby changed from RMH(Medium High Density Residential) to PS (Public, Semi-Public). SECTION 2. That the Director of Planning is hereby directed to amend Sectional District Map 20Z of the Huntington Beach Zoning and Subdivision Ordinance to reflect the changes contained in this ordinance. The Director of Planning is further directed to file 1 4/s:4-990rdinance:HamiltonBrookhurst RLS 99-522 9/15/99 the amended map. A copy of such map, as amended, shall be available for inspection in the Office of the City Clerk. SECTION 3. This ordinance shall take effect thirty days after its.adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of November 1999 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Ad inistrator ector of Pl g Attachment: Exhibit A 2 4/s:4-990rdinanc e:H amilton/Brookhurst RLS 99-522 9/15/99 Ord- 3 q�-I- AP# 149-212-19,20 BEGINNING AT THE NORTHEAST. CORNER OF LOT _24 OF TRACT 6332, IN THE CITY O] HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MA] RECORDED IN BOOK.237, PAGES 49 THROUGH 50, INCLUSIVE OF MISCELLANEOUS MAPS,Ir THE OFFICE OF THE COUNTY RECORDER OF SAID.COUNTY;.THENCE NORTH 890 3614011 EAS' 534.54 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF HAMILTON AVENUE TO E POINT; THENCE SOUTH 0° 39' 20" EAST 210.50 FEET TO A POINT; TT-ONCE SOUTH 890 36' 39 WEST 535.52 FEET TO A POINT ON A LINE, SAID LINE BEING THE EAST LINE OF SAID TRACT THENCE NORTH 0° 23' 20" WEST 210.50 FEET ALONG SAID EAST LINE TO THE POINT Ol BEGINNING. 3SM9 M 08 - HAMILTON ° 66' 6 7' 3oa 235.03' 188E so 141E TRACT,�jt /7.38' !! '6 ! 62- w.sa /�.ro' 24 PAR - 29 2•E 10.44' 17.-31 1.ze'Ioa.sv M BB PAR. PAi loo• iv PAR. . Q '' !0 e�! � v y p O `D ' I! 2 Ioo 2S a 19 17 0 so /.449A . /./3 N 22 n AM -45 �J `J 26 2/ 236.oI• 18B.Sa' 8 2 O` 27 R.S. 7-37 ID Q 212 Oso' 104' 28 O CO O 4. to3' 29 lB -Ioo• �2. Cj a 15 /7 e 5 v A 9.04AC. q a v O 3 Q 9L19'30 o%P 7.71•. .! 70' h R.S. BO-34 4 �, CL EARBROOK M O " DRIVE n3 IA Ord. No. 3442 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-ofI'icio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a reg lar meeting thereof held on the 1st day of November, 1999, and was again read to said City Council at a re ular meeting thereof held on the 15th day of November, 1999, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Julien, Bauer, Green,Dettloff, Harman;.Sullivan NOES: Garofalo ABSENT: None ABSTAIN: Bauer, Garofalo I,Connie Brockway CrrY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been published in the Independent on 6 ,19 �� r In accordance with the City Charter of said City City Clerk and ex-officio C erk Connie Bro&yay City Clerk of the City Council of the City �! DemtyCity Clerk of Huntington Beach, California G/ordinan/ordbkpg 11/18/99 w�41 �� - ,�'�w , , ----,-t,- 'W- - ............ r ORDINANCE NO. 3533 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY ESTABLISHING A PUBLIC SEMIPUBLIC (PS)ZONING DESIGNATION ON REAL PROPERTY LOCATED ON THE NORTH SIDE OF YORKTOWN AVENUE, WEST OF RANCH LANE (ZONING MAP AMENDMENT NO. 01-02) WHEREAS,pursuant to the State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate public hearings relative to Zoning Map Amendment No. 01-02,wherein both bodies have carefully considered all information presented at said hearings, and after due consideration of the findings and recommendations of the Planning Commission and all evidence presented to said City Council, the City Council finds that such zone change is proper, and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as follows: SECTION 1: The following described real property located on the north side of Yorktown Avenue,west of Ranch Lane more particularly described as Parcel 2 of Parcel Map No. 83-562, as shown on a map.filed in Book 183,.pages 44,.45. and 46 of Parcel Map, Records of Orange County is hereby changed from a Medium Density.Residential-Oil Suffix (RM-O) zoning district to Public Semipublic (PS) district. (District Map No.2.) SECTION 2: The Director of Planning is hereby directed to amend Sectional District Map 2Z of the Huntington Beach Zoning & Subdivision Ordinance so as to reflect the changes contained in this ordinance. The Director of Planning is further directed to file the amended map. A copy of such map, as amended, shall be available for inspection in the Office of the City Clerk. SECTION 3: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of January , 20 .2. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City t orney �b REVIEWED AND APPROVED: INI TED AND APPROVED: City Adginistrator D ector of P anni , jmp/planning/zma 01-02/8/24/01 Ord. No. 3533 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) . ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a re ular meeting thereof held on the 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Dettloff,Bauer, Cook,:Green,- Boardman NOES: None ABSENT: Houchen ABSTAIN: None 1,Connie Brockway CrrY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on C� w Zr-4 aAX y I'l ,2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Broomay,City Clerk of the City Council of the City A4zam4ff:g�uty City Clerk of Huntington Beach, California 1 ¥ e a I` 4 ORDINANCE NO. 3543 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING CODE AND SUBDIVISION ORDINANCE BY CHANGING THE ZONING DESIGNATION FROM RM-0(MEDIUM DENSITY RESIDENTIAL- OIL OVERLAY)TO OS-PR . .(OPEN SPACE- PARKS AND RECREATION) ON REAL PROPERTY LOCATED ON THE NORTHEAST'CORNER OF THE INTERSECTION OF HUNTINGTON STREET AND WICHITA AVENUE (ZONING MAP AMENDMENT N0. 01-03, Sub-Area A) WHEREAS,pursuant to the State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate public hearings relative to Zoning Map Amendment No. 01-03,wherein both bodies have carefully considered all information presented at said hearings, and after due consideration of the findings and recommendations of the Planning Commission and all evidence presented to the City Council, the City Council finds that such zone change is proper, and consistent with the General Plan. NOW,THEREFORE, the City Council of the City of Huntington Beach does ordain as follows: SECTION 1. That the real property located on the northeast corner of the intersection of Huntington Street and Wichita Avenue, and more particularly described in the legal description and sketch collectively attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein, is hereby ghanged.from RM-O (Medium Density Residential -_Oil Overlay)to OS-PR(Open Space -Parks and Recreation). SECTION 2: That the Director of Planning.is hereby directed to amend Sectional District Map 2 of the Huntington Beach Zoning and Subdivision Ordinance to reflect the changes contained in this ordinance. The Director of Planning is further directed to file the amended map. A copy of such map,as amended, shall be available for inspection in the office of the City Clerk. SECTION 3. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the Ara day of June ,2002. ATT City Clerk 06—j0-at Mayor: REVIEWED AND APPROVED: APPROVED AS TO FORM: City Admfnistrator ,% City Attorney INIT TED AND APPROVED: rector of Planning jmpplanninyzone change-wichim 118.01 Ord. o. 3543 X 1�31T ABA -A I �3 AP #025-071-06, 07, 16 PARCEL 1: ALL OF BLOCK 2304 OF EAST SIDE VILLA TRACT LOCATED IN THE CITY OF.-HUNTINGTON BEACH,COUNTY.OF .ORANGE, STATE OF CALIFORNIA,.AS SHOWN ON .A MAP. RECORDED IN BOOK 4, PAGE 65,.NIISCELLANEOUS .MAPS,. RECORDS OF ORANGE COUNTY. EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED FOR HIGHWAY PURPOSES. PARCEL 2: THE NORTH 33.00 FEET OF BLOCK 2303 OF EAST SIDE VILLA TRACT LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 6511 MISCELLANEOUS MAPS,RECORDS OF ORANGE COUNTY. EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED FOR HIGHWAY PURPOSES. Ord. No. 3543 Z.Y+p hto• of-3 AP#025-071-40,41,42, 43 o 3 ALL OF PARCELS 1, 2, 3, 4 AND "A' LOCATED IN.THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,.AS SHOWN ON A MAP RECORDED IN BOOK 91,PAGE 32,PARCEL MAPS,RECORDS.DF ORANGE COUNTY. . Zhp aJC� • � 3 :off 3 >t rji!eTEE"sr�g 025-Q I CI fS ANr LUBILIrrI too . y� A Er AMMUM. d: NnASSfssQR 1999 ' :12 1. DELAWARE STREET s yJo iJe. TRACT TRACT d. +�, •T •CO e ';Q Q � 5 EAST SdaE Vll. i .e• .• Ic BLK. 2304 'BLK 2204 cor, P eT g3o-��6 or. w a g ALLEY A c : o, I lc 6' cor S3 , 28 c 279744.AC. 6 t w 24 m i ` NO. 14757 ac 4. 1 N0..9653 m .. . Esw i N7MSAMS '. DRIVE 'a. r 1 ro_sraal J: CALFOYilYG4 6 ...STREET A �7j $ 54 = o o . 41 : BLK Z203 0. NO. 8971 0 ., PArt . 29 0.S 31 �' 1 2 3 , BLK,. 2 0.3. s3 16 15 t4 13 12 4.7 O O O ' O O O BLK. 2403 tad,Ac S .nor e s 3 G PAR 1 PAR. A 42 37 A TRACT NOO9175 "'l ae 4 .�� . Mid : L 77771 EAsr WE.vs.cA nPACT mac 4-Bs: 02 ••AcN 1948 MA Cr/yap.w71 Luc,J67-46,,47 rRAcr ma 9n5 We �46,47 Tg4cr ma' am . Y1( k NOTE ASSESSOR, S BLOCK d ASSESSOR'S AIAp 17 . . rRAcr n+a:.Nrs7 _ eo .pacE 07 PARCF.i MAP. PiL SHOWN IN RCLES COUNT02OF.'ORANGE �01-) -- — - �n z 0 Ord. No. 3543 i STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF RUNTINGTON BEACH ) I, CONNIB BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 20th day of May,2002, and was again read to said City Council at a regular meeting thereof held on the 3rd day of June,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Dettloff,Boardman, Cook,Houchen,Winchell,Bauer NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-ofticio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on 1611SIR& TmAIif 13 ,2002 In accordance with the City Charter of said City City Clerk and ex-office Clerk Connie Brockway,City Clerk of the City Council of the City 9Aa&-'&ea9,A*DeyutyCity Clerk of Huntington Beach, California 'P� w r ORDINANCE NO. 3544 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING CODE AND SUBDIVISION ORDINANCE BY CHANGING THE ZONING DESIGNATION FROM RM(MEDIUM DENSITY RESIDENTIAL)TO PS (PUBLIC-SEMIPUBLIC) ON REAL PROPERTY LOCATED ON THE NORTHEAST CORNIER OF THE... INTERSECTION OF CLAY AVENUE AND DELAWARE STREET (ZONING MAP AMENDMENT NO:01-03, Sub-Area B) WHEREAS,pursuant to the State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate public hearings relative to Zoning Map Amendment No: 01-03,wherein both bodies have carefully considered all information presented at said hearings, and after due consideration of the findings and recommendations of the Planning Commission and all evidence presented to the City Council,the City Council finds that such zone change is proper, and consistent with the General Plan. NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain.as follows: SECTION 1. That the real property located on the northeast corner of the intersection of Clay Avenue and Delaware Street, and more particularly described in the legal description and sketch collectively attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein, is hereby changed from RM (Medium.Density Residential)to PS (Public-Semipublic). .. SECTION 2: That the Director of Planning is hereby directed to amend Sectional District-Map 2 of the Huntington Beach Zoning and Subdivision Ordinance to reflect the changes contained in this ordinance. The Director of Planning is further directed to file the amended map. A copy of such map, as amended, shall be available for inspection in the office of the City Clerk. SECTION 3. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of June , 2002. ATTEST: City Clerk ai-0-aL % Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Adm istrator •.6, City Attorney Ii tIT TED AND APPROVED: Di for of Planning jmp/planning/zone change clay'l l;3/01 _1 �p OrNdO- 5 AP# 159-151-12 ALL OF PARCEL 2 LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,AS SHOWN ON A MAP RECORDED IN BOOK 80, PAGE 452 PARCEL.MAPS,RECORDS OF ORANGE COUNTY. , { r t S9- 1 5 Lai 16 PACE 1 OF 311 too, SSW loya r. SEVENTEENTH fFcoenu AVENf/Fj ; STREET FLORIDA STREET :a •F C o. . r'• j TRACT s O Lor a (�J414 ; r ;{? EAST SID VILLA SEE PAGE ? � A� ao• BA P.M.00 4,45 MOUNTAIN VIEW or06 s� •. a F uo.e, •P .�, ,. Nw - a. A a MaUNrani "` 3 - ------ ----- - VIEW u r 2 :r. 2 /.T4 AC �4.51 AC no i' O S cor e • SEE O B .3 BLK.290 } p PAGE d i uE Is r , la t 0 M.5642 TRAC j MAC u• . TRACT .�.• ,. `` i {'• � DELAWAR£ srRE£r 33 34 ISWN 19?6 EAST S/DE VILLA TRACT M M. 4-65 MOUNTAIN VI£w TRACT Aim. 7-1 NOTE - ASSESSOR'S BLOCK A ASSESSOR'S HAP TRACT NO. 564P A/.M. 357-44,45,.46 PARCEL NUMBERS BOOK .159 PAGE 15. SHOWN 1N CIRCLES COUNTY OF ORANGE (l4) WO .. In rY � a z o Ord. No. 3544 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 20th day of May,2002, and was again read to said City Council at a regular meeting thereof held on the 3rd day of June, 2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green,Dettloff,Boardman,.Cook,Houchen, W.inchell,Bauer NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City . Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on zooz /3 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway.City Clerk of the City Council of the City A"I"Uty City Clerk of Huntington Beach, California £ �WI rT '" W L ORDINANCE NO. 3545 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING CODE AND SUBDIVISION ORDINANCE BY CHANGING THE ZONING DESIGNATION FROM IL(LIMITED INDUSTRIAL):TO PS-(PUBLIC SEMI-PUBLIC) ON REAL PROPERTY:LOCATED ON THE SOUTHWEST CORNER OF THE:INTERSECTION, OF GARFIELD AVENUE AND HUNTINGTON STREET (ZONING MAP AMENDMENT NO. 01-03, Sub-Area C) WHEREAS,pursuant to the State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate public hearings relative to Zoning Map Amendment No. 01-03,wherein both bodies have carefully considered all information presented at said hearings, and after due consideration of the findings and recommendations,of the Planning Commission and all evidence presented to the City Council,the City Council finds that such zone change is proper, and consistent with the General Plan. NOW,THEREFORE,the City Council of the City of Huntington Beach does ordain as follows: SECTION 1. That the real property located on the southwest corner of the intersection of Garfield Avenue and Huntington Street, and more particularly described in the legal description and sketch collectively attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein, is hereby changed from IL(Limited Industrial) to PS (Public-Semipublic). . SECTION 2: That the Director of Planning is hereby directed to amend Sectional District Map 2 of the Huntington Beach Zoning and Subdivision Ordinance to reflect the changes contained in this ordinance.. The.Director of Planning is further directed to file the amended map. A copy of such map, as amended, shall be available for inspection in the office of the City Clerk. SECTION 3. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of June , 2002. ATTEST: City Clerk oi,10-0't. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: Aj City Adm' lstrator i;Z City Attorney INITIATED AND APPROVED: ector of Planning jmp/planning/zone change gartield/l 1/8/01 Ord. No. 3545 - Z A4a I D. 01-3 5N P. �► C.- AP# 159-321-01, 02, 03 AND PORTION OF 04 12 PARCEL 1: ALL OF BLOCK 3202 OF EAST SIDE VILLA TRACT LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON'.A MAP RECORDED IN BOOK :4, PAGE 65,_MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED FOR HIGHWAY PURPOSES. PARCEL 2: THE NORTH 155.00 FEET OF BLOCK 3201 OF EAST SIDE VILLA TRACT LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 65, MISCELLANEOUS MAPS,RECORDS OF ORANGE COUNTY. EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED FOR HIGHWAY PURPOSES. ...... ..--'--._.•.... ...� +ra..:�••:.-vw�:s^•s.:..�,.,...it...ds..,1..;_.:.w•i:+.wa.a'w-.:.:.....w.•.•.:..,......�.••.>>.. 11..t..�........._.�h"'• - 'l ::a6Cp fOR ORANGE Z+1� r(D.• O I--,3 �' ' •-:Fr. PURPosfs DNl r. ry��,}p G, 159-3 2 (f.` :;'^'0;1ARANIEf AS ro r ��S SBE REPRODUCED- ?'Ccwrr ASSESSOR 1999 1' = 100' 3.3 34 HUNMGTON STREET 3 xa wa 1 lee• 1 Mr. AST SIDE VILLA i a O PAR 1 1 I 124 AG �• y 101.AG a 12 _.i /•,I .;�• P.K 177-25 I , t � -, . i BLK• 3002 321 •,a 1 7 s 1 PAR 2 BLK. 2902 ° BLK• 3202 BLK. 3102 1 II �•.i Ur �'- S, I O I 4,530 AC(C) 1 4r• 2 I 4.40 AC ccli ie i -../,,. _—»—I _----- --_--- _—___'------__— ---__— ; ma xa 2 BLK. 3101 �•. BLK. 3001 BLK. 2901 i3 3.. n IU•� i .� i u � BLK. 3201 na TRACT 28 a• MARCH 1983 EAST SLDE VILLA TRACT AUi 4-65 NOTE ASSESSOR'S BLOCK d ' ASSESSOP,'S:MAP PARCEL NUMBERS t�•.,_;' PARCEL lNAP P.4� 177-28 BOGY :59 �.4Cc^ 32 SHOWN IN CIRCLES COUA-7F a" .ORANGE I S W O In H -A, a Ln . z 0 Ord. No. 3545 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH. ) I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 20th day of May.2002, and was again read to said City Council at a regular meeting thereof held on the 3rd day of June, 2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green,Dettloff,Boardman,.Cook,Houchen,Winchell,'Bauer NOES: . None ABSENT: None ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach F tain Valley Independent on 2002 accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway,Ci 1y Clerk of the City Council of the City NON City Clerk of Huntington Beach, California �s m �Yc;Dl�h a6-a3- : ORDINANCE NO. 3562 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 254 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO THE. DEDICATION AND RESERVATIONS OF LAND.PARCELS: . The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 2154.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 254.08 Parkland Dedication A. General. This Section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the City including the power to zone and the power to implement open space and recreational elements of the General Plan. This Section is adopted to implement the provisions of the Quimby Act which authorizes the City to require the dedication of land for park and recreational facilities or payment of in-lieu fees incident to and as a condition of the approval of a tentative tract map or tentative parcel map for a residential subdivision..The park and recreational facilities for which dedication of land and/or.payment of an in-lieu fee as required by this Section are in accordance with the policies,principles and standards for park, open space and recreational facilities.; contained in the General Plan. The general purposes and objectives of this Section are: 1. To preserve, enhance and improve the quality of the physical environment of the City of Huntington Beach; 2. To provide a procedure for the acquisition, development and rehabilitation of local park and recreational facilities; 3. To secure for.the citizens of Huntington Beach the social and physical advantages resulting from the provision of orderly park, recreation and open space facilities; 4. To establish conditions which will allow park and recreational facilities to be provided and to exist in harmony with surrounding and neighborhood land uses; 5. To ensure that adequate park and recreational facilities will be provided; 6. To provide regulations requiring five usable acres, or the proportionate.share thereof,having a grade not exceeding two percent, for each 1,000 persons residing within the City to be supplied by persons proposing residential subdivisions. GAORDINAN00I Zoning Ord\02 Zoning Ord\chap 254.doc5/14/02 1 Ord. No. 3562 B. Requirements. The requirements of this Section shall be complied with by the dedication of land, payment of a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this Section. The amount and location of land dedicated or the fees to be paid, or both, shall be used for acquiring, developing new.or rehabilitating existing community and neighborhood parks and other types of recreational facilities in such a manner that the locations of such parks. and recreational facilities bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision generating such dedication or fees, or both. Dedications for trails shall not be included as part of any requirements for park or recreational dedication. Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the Director and the Director of Community Services in location,topography, environmental characteristics and development potential as related to the intended use. The primary intent of this Section shall be construed to provide the land for passive and active recreation, including but not limited to: tot lots, play lots,playgrounds,neighborhood parks,playfields, community or regional parks, lakes, picnic areas,tree groves or urban forests, and other specialized recreational facilities that may serve residents of the City. Principal consideration shall be given therefore to lands that offer: 1. A variety of recreational potential for all age groups; 2. Recreational opportunities provided and maintained in a manner that will permit the maximum use and enjoyment by residents of the City of Huntington Beach: 3. Possibility for expansion or connection with school grounds; 4. Integration with hiking, riding and bicycle trails, natural stream reserves and other open space; 5. Coordination with all other park systems; 6. Access to at least one existing or proposed public street. C. General Standard. It is hereby found and determined that the public interest, convenience, health, safety and welfare require that five acres of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes. D. Standards and Formula for Dedication of Land. Where a park or recreational facility has been designated in the General Plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the present and future needs of the residents of the subdivision, the subdivider shall dedicate land for park and recreation facilities sufficient in size and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula: A= 5.0 (DF x No. DU) 1000 1. Definitions of terms: G:\ORDINANC 0I Zoning Ord\02 Zoning Ord\chap 254.doc5/14/02 2 Ord. No. 3562 a. A- the area in acres required to be dedicated as a park site or to be appraised for in-lieu fee payment for the subdivision. b. DF - density factor as determined pursuant to Section 254.08(E). C. 5.0 number of acres per one thousand persons. d. No. DU -number of dwelling units proposed in the subdivision. 2. When a proposed subdivision contains dwelling units with different density factors, the formula shall be used for each such density factor and the results shall be totaled. 3. Dedication of parkland shall not be required for parcel maps or subdivisions containing 50 parcels or less; except that when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. E. Density. The amount of land dedicated or fees paid shall be based upon residential density,which is determined on the basis of the approved tentative map and the average number of persons per household. The average number of persons per household.by unit in a structure shall.be established by City Council resolution and be derived from the most recent available federal.census or state or City population and housing data. The number of dwelling units in a subdivision shall be the number proposed for construction. When the actual number of units to be constructed is unknown, it shall be assumed for the purposes of this chapter that the maximum number permissible by law will be constructed. F. Standard Improvements. The dedication of land for park and recreational purposes shall not be deemed to waive any other requirements that maybe imposed by,the City. The subdivider may, at the time of the approval of the tentative map,be obligated by condition to said map to provide curbs, gutters, sidewalk, drainage facilities, street lighting, stoplights, street signs, matching pavement and street trees to.full City standards, to stub-in requested standard improvements required for residential property plus initial on-site grading required for developing the park facility. In lieu of making said improvements and upon approval of the Planning Commission or City Council,whichever acts last on the tentative map, the subdivider may pay a sum as estimated by the Director of Public Works sufficient to cover the cost of said improvements. The environmental condition of any land dedicated pursuant to this Section shall satisfy all federal, state and local requirements applicable to parkland and recreational facilities. G. Formula for Fees in Lieu of Land Dedication. 1. General Formula. Whenever the requirements of this Section are met solely on the basis of the payment of a fee in lieu of land dedication, the subdivider shall pay a fee in lieu of dedication equal to the value of the G:\ORD[NANC\01 Zoning Ord\02 Zoning Ord\chap 254.doc5/14/02 3 Ord. No. 3562 land prescribed for dedication in Section 254.08(D) and in an amount determined in accord with the provisions of Section 254.08(I). 2. Fees in Lieu of Land - 50 Parcels or Less. If the proposed subdivision contains 50 parcels or less and has no park or recreational facility, the subdivider shall pay a fee equal to the land value of the portion of the park or.recreational facilities required to serve the needs of the residents of the proposed subdivision as prescribed in Section 254.08(D) and in an amount` . determined in accordance Avith the provisions of Section 254.08(I). When a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. 3. Use of Fees. The fees paid to the City pursuant to this Section and the interest accrued from such fees shall be used, in accordance with the schedule developed pursuant to Section 254.08(M), for the purpose of acquiring, developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision, including the purchase of necessary land and/or improvement of such land for park or recreational purposes. All fees collected pursuant to this Section shall be transferred for deposit into a separate fund and used solely for the purposes specified in this Section. All monies deposited into the fund shall be held separate and apart from other City funds. All interest or other earnings on the unexpended balance in the fund shall be credited to the fund. The money deposited in the fund account shall be committed to the partial or full completion of necessary purchases or improvements within five years after payment thereof or.the issuance of building permits on one-half of the lots created by the subdivision; whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of each lot bears to the total area of all lots in the subdivision. Any requests for refunds shall-be submitted to the Director in accordance with the procedures set forth in Section 254.08(P). 4. Standard Improvements. When the requirements of this Section are met solely on the basis of the payment of a fee in lieu of land dedication, in addition to the in-lieu fee,the subdivider shall also pay an amount equal to 20 percent of the in-lieu fee to provide curbs, gutters, drainage facilities, street lighting, stop lights, sidewalks, street signs, matching pavement and street trees to full City standards, stubbing in of utility line services.to the park facility, and all standard improvements required by the City for residential subdivisions. H. Criteria for Requiring Both Dedication and Fee. If the proposed subdivision contains more than 50 lots, the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following: 1. When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 254.08(I) shall be paid for any additional land that would have been required to be dedicated pursuant to Section 254.08(D). GAORDINANC\01 Zoning Ord\02 Zoning Ord\chap 254.doc5/14/02 4 Ord. No. 3562 2. When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such portion shall be dedicated, and a fee, computed according to Section 254.08(I) shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to Section.254.08(D). 3. The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision. I. Amount of Fee in Lieu of Park Land Dedication. Where a fee is required to be paid in lieu of park land dedication, such fee shall be equal to the fair market value for each acre which would otherwise have been required to be dedicated by Section 254.08D. Fair market value of the land shall be determined by a qualified real estate-appraiser that has been.selected and retained by the City at the expense of the subdivider and is a member of the American Institute of Real Estate Appraisers ("Qualified Real Estate Appraiser"). The fair market value of the land shall be based on the average acre value of the property to be subdivided at the time of the recording of the final subdivision map, adjusted to reflect the value of such acre of property rough graded to a maximum two percent slope. Such appraisal shall exclude improvement. The date of value of the property for purposes of the appraisal shall be within 60 days of payment of the fee as referenced in Section 254.08L. If the subdivider objects to the fair market value as determined by the.Qualified Real Estate Appraiser, the subdivider may, at his own expense, retain another. Qualified Real Estate Appraiser to complete a second appraisal. If the City . disputes the fair market value as determined by the second appraisal, the matter will be submitted to binding arbitration at the expense of the subdivider. Subdivisions consisting of three or fewer parcels. If the proposed subdivision contains three (3) or fewer parcels, the Director shall determine the fair market value of the property to be subdivided based upon the fair market value of adjacent parcels in consideration of site characteristics of the property. If the subdivider objects to the determination of the Director, the subdivider may retain,. at his or her.own expense, a Qualified Real Estate Appraiser to provide the fair market value of the property to be subdivided. In the event the Director's determination of the land value exceeds the Qualified Real Estate Appraiser's appraisal by more than$5,000.00,the average of both determinations shall be established as the fair market value. J. Determination of Land or Fee. Whether the City accepts land dedication, or elects to require the payment of a fee in lieu of, or a combination of both, shall be determined by the Director after consideration of the following: l. Policies, standards and principles for park and recreational facilities in the General Plan; 2. Topography, geology, access and location of land in the subdivision available for dedication; 3. Size and shape of the subdivision and land available for dedication; GAORDINAN001 Zoning Ord\02 Zoning Ord'chap 254.docs 1402 5 Ord. No. 3562 4. Feasibility of dedication; 5. Compatibility of dedication with the General Plan; 6. Availability of previously acquired park property. The determination by City as to whether land shall.be dedicated, or whether a fee shall be charged,:or a combination.of both, shall be final and conclusive. K. Credit for Improvements and Private Open Space. If the subdivider provides park and recreational improvements to the dedicated land other than those referenced in Section 254.08(F),the value of the improvements together with any equipment located thereon shall be a credit toward the payment of fees or dedication of land required by this Section. Common interest developments as defined in Sections 1351 of the California Civil Code shall receive partial credit, not to exceed 50 percent, against the amount of land required to be dedicated, or the amount of the fee imposed; pursuant to this Section, for the value of private open space within the development, which is usable for active recreational uses, if the City Council, on the recommendation of the Community Services Commission, finds that it is in the public interest to do so, and that the following standards are met. 1. That yards, court areas, setbacks and other open areas required by Titles 20-24 (Zoning) shall not be included in the computation of the private open space; 2. That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance,or restrictions; 3. That the use of the private open space is restricted to park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property, and which cannot be defeated or eliminated without the consent of the City or its successor; 4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes,taking into consideration such factors as size, shape,topography, geology, access, and location; and 5. That facilities proposed for the open space are in substantial accord with the provisions of the General Plan. L. Procedure. 1. At the time of the recording of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the City pursuant to this Section. 2. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final map or parcel map and, if approved, shall be recorded concurrently with the final map or parcel map. G:\ORDINANC1,01 Zoning Ord\02 Zoning Ord\chap 254.doc5-'1-V02 6 Ord. No. 3562 M. Schedule of Use. At the time of the approval of the final map or parcel map, the City shall make a preliminary determination of how,when, and where it will use the land or fees, or both, to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision. Final scheduling of improvements to these new or rehabilitated parks or recreational facilities shall be made as part of the.City's capital improvement program: N. Not Applicable to Certain Subdivisions. The provisions of this Section do not apply to: (1) commercial or industrial subdivisions; or(2) to condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. O. Exemptions. The following development shall be exempt from the payment of fees pursuant to this Section: I. Development of real property into housing units that are either rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost" as defined in Section 50052.5 of the California Health and Safety Code when provided to a"lower income household" as defined in Section 50079.5 of the California Health and Safety Code or"very low income household" as defined in Section 50105 of the California Health and Safety Code, and provided that the applicant executes.an.agreement, in the form of a deed restiction, second trust deed, or other legally binding and.enforceable document`'acceptable to the City Attorney and binding on the owner and any successor-in-interest to the real property being developed, guaranteeing that all of the units developed on the real property shall be maintained for lower and very low income households whether as units for rent or for sale or transfer, for the lesser of a period of thirty years or the actual life or existence of the structure, including any addition, renovation or remodeling thereto. 2. Subdivision of a 50-foot wide parcel into two lots provided that the parcel has been held under common ownership for a minimum of five consecutive years. P. Appeals. Any person may appeal a determination of the City regarding the interpretation and implementation of this Section. Any such appeal shall be filed with the Director consistent with the requirements of Section 248.24 of the Huntington Beach City Zoning and Subdivision Ordinance. Q. Refunds. Requests for refunds of in-lieu fees paid pursuant to this Section may be directed to the Director at any time. The Director may approve of a refund or a partial refund of park fees paid or release of security instruments when the following has been verified: 1. That the refund amount requested corresponds to the amount of fees actually deposited in the fund account established pursuant to Section 254.08(G)(3) for a given number of d«elling units; and GAORDINANC0I Zoning Ord\02 Zoning Ord\chap 254.doc5/14102 7 Ord. No. 3562 2. That the local park requirement for the dwelling units in question had been met by actual Council acceptance of park land, or by an irrevocable recorded offer to dedicate a park land on a final tract map or parcel map; or 3. The subdivision or building permit approval for which fees were required has been withdrawn or is otherwise no longer valid. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of June , 2002. Mayor ATTEST: APPROVED AS TO FORM: . City Clerk s City Attorney �Z C REVIEWED AND APPROVED: INIT ED AND APPRO City A ministrator Planning Director GAORDINANC\01 Zoning Ord\02 Zoning Ord\chap 254.doc5/14/02 8 Ord. No. 3562 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,CONNEE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 3rd day of June,2002, and was again read to said City Council at a regular meeting thereof held on the 17th day of June,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: ..Green,Boardman, Cook,Houchen, Winchell,Bauer NOES: None ABSENT: Dettloff ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City.. Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on 4" L' ,2002 In accordance with fre City Charter of said City City Clerk and ex-officio Clerk Connie Brockway,City Clerk of the City Council of the City eputy city Cie rk of Huntington Beach, California Tl� ', �" "" ,€ Asa p �i r ^,' i- a ORDINANCE NO. 3520 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMEi Dh TG THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 203 THEREOF RELATING TO DEFINITIONS WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan) relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 203.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 203.06 Definitions Abutting. Having district boundaries or lot lines or combinations thereof in common. Access, Lateral. Public access along the coast. Access Vertical. Public access from the nearest public roadway to the shoreline. Alley. A public or private way having an ultimate width of not less than 20 feet permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. Alter. To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders, that will prolong the life of the structure. Amendment. A change in the wording, context or substance of this ordinance, or a change in the district boundaries on the zoning map. Animal, Exotic. Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display. Animal, Large. An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables. Animal, Small. An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept in kennels. 01 ord/zone amend/1 1/14/01 1 . Ord. No. 3520 Antenna. Any structure, including but not limited to a monopole, tower, parabolic and/or disk shaped device in single or multiple combinations of either solid or mesh construction, intended for the purposes of receiving or transmitting communications to or from another antenna, device or orbiting satellite, as well as all supporting equipment necessary to install or mount the antenna. Antenna, Amateur Radio. An antenna array and its associated support structure, such as a mast or tower, that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur station licensed by the Federal Communications Commission. Antenna, Communication. All types of receiving and transmitting antenna, except satellite dish antenna, including but not limited to cable television antenna, cellular radiotelephone cell antenna, FM digital communication antenna, microwave telephone communication antenna, amateur radio antenna, and short-wave communication antenna and other similar antenna. Antenna Height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. Antenna, Satellite Dish. An antenna for the purpose of receiving or transmitting communications to or from an orbiting satellite. Antenna Whip. An antenna and its support structure consisting of a single, slender, rod-; like element which is supported only at or near its base. Approach-Departure Path. The flight track of the helicopter as it approaches or departs from a designated takeoff and landing area,including a heliport,helipad,or helistop. Architectural Projections or Appurtenances. Features on a building which provide visual variation and/or relief but do not serve as interior or exterior living or working space. Area,Net Lot. The total horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress. Street Area to be dedicated 250' -57 .53 gross acre net acre 230' I II 100' I 100, 203-area.BMP 01ord/zone amend!11/3/01 2 Ord.No.3520 LOT AREA Arterial. Any street, highway or road designated as an arterial street in the General Plan. Attached Structures.. Two or more structures sharing a common wall or roof. Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet. Basement. A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be considered as a story if the vertical distance from the average adjoining grade to the ceiling is over four feet. Roof Second Story First Story Finished —j---..---=-----If this basement ceiling is more than 4'ft. from Grade ( Basement average adjoining finished L _ _ _ _ F grade,the basement is considered a story. 773-BASE. - BASEMENT Bay Window. A window that projects out from an exterior wall. Bedroom. The term bedroom includes any room used principally for sleeping purposes, an all-purpose room, a study, a den, a room having 100 square feet or more of floor area or less than 50 percent of one wall open to an adjacent room or hallway. Blockface. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land,watercourse, or city boundary. . Ltmll�=J 203-BLK BLOCKFACE 0l ord/zone amend/1113101 3 Ord.No.3520 Boarding House. A building with not more than five guest rooms where lodging and meals are provided for not more than 10 persons,but shall not include rest homes or convalescent homes. Guest rooms numbering six or over shall be considered a hotel. Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. Caretaker's quarters. A dwelling unit on the site of'a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker. Carport. A permanent roofed accessory structure with not more than two enclosed sides intended for vehicle storage. Cart/Kiosk. Any portable, non motorized unit used by a vendor as described in Section 230.94. City. The City of Huntington Beach. Clinic. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians, dentists, optometrists, psychologists, or social workers practicing together. Coastal Zone. A geographic zone adjacent to the shoreline, the boundaries of which are determined by the California Coastal Act of 1976, as amended. Collection Containers. Containers or buildings with a gross floor area of 500 square feet-or less used for the deposit and storage of household articles or recyclables. Commission. The Huntington Beach Planning Commission. Community Apartment Project. A project in which an individual interest in land is coupled with the right exclusively to occupy an individual unit, as provided in Section 11004 of the California Business and Professions Code. Completely Rebuilt. Rebuilding the nonconforming structure or use as it had legally existed immediately prior to its destruction. Conditional Use. A use of land that, due to the specific nature and unique characteristics of the use, requires special standards and discretionary review. Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interior space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property. Conforming Building. A building that fully meets the requirements of Title 17 (Building Regulations) and also conforms to all property-development regulations and requirements prescribed for the district in which it is located. Convenience Market. A retail use in conjunction with gasoline sales in which the sales room exceeds 200 square feet. 01 ord/zone amend/11/3/01 4 Ord.No.3520 Court. An outdoor, unenclosed area intended to provide light, air, and privacy for individual dwelling units in multi-family projects. Coverage, Lot or Site. The percentage of a lot or site covered by roofs, balconies, fireplaces, architectural projections, or overhangs extending more than 2.5 feet from a wall, decks more than 42 inches in height above grade, and.stairs. Deck. A platform, either free-standing or attached to a building, but without a roof, that is supported by pillars, posts, or walls (see also Balcony). Demolition. The deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or otherwise. Density Bonus. An increase in the proposed number of units of twenty-five percent (25%) or greater over the number permitted pursuant to the current zoning and general plan designation on the property. Director. The Director of Planning or his or her designee. Distribution Line. An electric power line bringing power from a distribution substation to consumers. District. A portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this ordinance. The zoning ordinance establishes "base zoning districts".for residential, commercial, industrial, public and open . space:uses, and "overlay districts," which modify-base district provisions-and standards. Drilling. The digging or boring of a new well into the earth for the purpose of exploring for, developing or producing oil, gas or other hydrocarbons, or for the purpose of injecting water, steam or any other substance into the earth. Dwelling, Multiple Unit. A building or buildings designed with two (2) or more dwelling units. Dwelling, Single Unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single family dwellings shall be considered as multi-family. Dwelling, Accessory Unit. A fully equipped dwelling unit which is ancillary and subordinate to a principle dwelling unit located on the same lot in the RL zone. Also known as second dwelling unit or"granny unit." Dwelling, Studio Unit. A dwelling unit consisting of 1 kitchen, 1 bathroom, and 1 combination living room and sleeping room. The gross floor area shall not exceed 500 square.feet, or it shall be considered as a one bedroom unit. Also known as a single, a bachelor, or an efficiency unit. Dwelling Unit. One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons.living as a household unit with common access to all living, kitchen, and bathroom areas. 01ordhone amend/l 1/3/01 5 Ord.No.3520 Energy Facility. Any public or private processing,producing, generating, storing, transmitting, or recovering facility for electricity,natural gas,petroleum, coal, or other sources of energy. Environmental Impact Report (EIR). A report complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines. Environmentally Sensitive (habitat) Area. A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Exemption, Categorical. An exception from the requirements of the California Environmental Quality Act (CEQA) for a class of projects, which have been determined to not have a significant effect on the environment. Familv. A single individual or two or more persons living together as a single housekeeping unit in a dwelling unit. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (3334) Floor Area, Gross. The total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevators shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas; but excluding area for vehicle parking and loading. Floor Area Ratio (FAR). Determined by dividing the gross floor area of all buildings on a lot by the area of that lot. 01 ord/zone amend/1 1/3/01 6 Ord.No.3520 FLOOR AREA RATIO FAR of 0.5 FAR of 1.0 FAR of 1.5 203-F4R FAR Frontage. The linear length of a building which contains a public entrance or a lot measured along the property line adjacent to a street or easement. Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. General Plan. The City of Huntington Beach General Plan. Grade, Existing. The surface of the ground or pavement at a stated location as it exists prior.to disturbance in preparation for a project regulated by this ordinance: Grade, Street. The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists. Guest House. Living quarters within a main or an accessory building for the sole purpose of providing for persons employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities, and shall be limited to one room, no greater than 500 square feet in size with no more than three plumbing fixtures. Height of Building. A vertical dimension measured from the top of the highest roof to the top of the subfloor/slab directly underneath. (See Section 230.72.) 01ord/zone a mend/11/3/01 7 Ord.No.3520 Helipad or Helistop. A heliport without auxiliary facilities such as waiting room, helicopter parking, fueling and maintenance equipment. Heliport. An area, either at ground level or elevated on a structure, that is used or intended to be used for the takeoff and landing of helicopters,and includes some or all the various facilities useful to helicopter operations, including helicopter parking, waiting room, fueling and maintenance equipment. Home Occupation. Business activity conducted in a dwelling unit in a residential district that is incidental to the principal residential use of a lot or site. Illumination, Direct. Illumination by means of light that travels directly from its source to the viewer's eye. Illumination, Indirect. Illumination by means only of light cast upon an opaque surface from a concealed source. Incentives. Policies, programs or actions taken by the City designed to ensure that a development will be produced at a lower cost. Junk Yard. The use of a lot, or contiguous lots, or any portion thereof for the storage of junk, including scrap metal, or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. Kennel. Any premises where four or more dogs or-cats at least four months of age are kept for any purpose. Kitchenette or Kitchen-. Any room or part of a room which is designed, built, used, or intended to be used for food preparation and dishwashing; but not including a bar, or similar room adjacent to or connected with a kitchen. Landscapin;. An area devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements,pools, fountains,water features,paved or decorated surfaces of rock, stone, brick, block, or similar material (excluding driveways,parking, loading, or storage areas), and sculptural elements. Plants on rooftops, porches or in boxes attached to buildings are not considered landscaping. Landscaping, Interior. A landscaped area or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility(as applied to parking and loading facilities or to similar paved areas). Landscapin-g, Perimeter. A landscaped area adjoining the exterior boundary of a parking or loading area, or similar paved area, excluding driveways or walkways which provide access to the facility. i 01 ord/zone amend/1113101 8 Ord.No.3520 Perimeter Landscape Interior Landscape - Interior Landscape .: .. ji---rut I I I I I I Interior Landscape 2at.a.n LANDSCAPING: PERIMETER INTERIOR Lodger. Any person other than a member of a family renting a room for living or sleeping purposes. Lot. Any numbered or lettered parcel shown on a recorded final map, record of survey pursuant to an approved division of land, or a parcel map and abuts a street, alley or recorded access easement. STREET Reversed Corner Lot Interior Interior Interior Corner Lot Lot Lot E. N Lot Through W Lot ^.4 Interior Flag Interior Interior Corner E_ Lot I'OC Lot Lot Lot Reversed Corner Lot STREET fo-- LOT TYPES 203.Lor. Lot, Corner. A site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees. Lot Depth. The horizontal distance from the midpoint of the front-lot line to the midpoint of the rear-lot line, or to the most distant point on any other lot line where there is no rear- lot line. Lot, Fla>;. A lot with developable area connected to a street by a narrow strip of land that includes a driveway. 01 ordizone amend/1 1/3101 9 Ord.No.3520 Lot or Property Line, Rear. A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line. Lot or Property Line, Front. The street.property line adjacent to the front yard. Lot or Property Line, Interior. A lot line not abutting a street. Lot or Property Line, Side. Any lot line that is not a front lot line or a rear lot line. Lot or Property Line, Street. A lot line abutting a street. Lot, Reverse Comer. A corner lot, the side line of which is substantially.a continuation of the front lot line of the lot to its rear. Lot, Street-Alley. An interior lot having frontage on a street and an alley. Lot, Through. A lot having frontage on two dedicated parallel or approximately parallel streets. Lot Width. The mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at mid-points 20 feet from the front lot line and 20 feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear Jot.line. Front Lot Line Front Lot Line x .Y r � y o � y V J y Lot Width=(x+y) 2 LOT WIDTH 203-LUrW Lower Income Household. A household whose annual income is at or below eighty percent (80%) of Orange County median income as defined by the State of California Department of Housing and Community Development. Manufactured Home. A structure transportable in sections which is a minimum of 8 feet in width and 40 feet in length, built on a permanent chassis, and designed to be a dwelling with or without a permanent foundation. Manufactured home includes mobilehome. Mezzanine. An intermediate floor within a room containing not more than 33 percent of the floor area of the room. 01ord/zone amend/11/3/01 10 Ord.No.3520 P'fcT/.tWne:maximum 33 percent of floor area below. Floor Below MEZZANINE Moderate Income Household. A household whose annual income is at or below one hundred twenty(120%)percent of Orange County median income as defined by the State of California Department of Housing and Community Development. Municipal Code. The Municipal Code of the City of Huntington Beach. Negative Declaration. A written statement briefly describing the reasons that a proposed . project will not have a significant impact on the environment which meets the requirements of the California Environmental Quality Act. Net Site Area. See Area,Net Lot. New Well. A new well bore or well hole.established at the ground surface.. Redrilling -from the well bore or well hole of an existing well greater than 150 feet from the existing well bore shall constitute a new well. Nonconforming Structure. A structure that was lawfully erected but which does not conform with the current development standards. Nonconforming Use. A use of a structure or land that was lawfully established and maintained,but which does not conform with the current zoning ordinance. Off-Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas. Off-Street Parking Facilities.. .A site or portion of a site devoted to the off-street parking of motor vehicles,including parking spaces, aisles, access drives, and landscaped areas. Oil operation. The use or maintenance of any installation, facility, or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions: drilling, rework, repair, redrilling,production,processing, extraction, assisted recovery, stimulation storage or shipping of oil gas or hydrocarbons from the subsurface of the earth. Oil operation site. The physical location where an oil operation is conducted. Open Space, Common. A usable open space within a residential development reserved for the exclusive use of residents of the development and their guests. 01ord/zone amend/11/3/01 11 Ord.No.3520 Open SRace, Private. A usable open space adjoining and directly accessible to a dwelling unit,reserved for the exclusive use of residents of the dwelling unit and their guests. Open Space, Total. The sum of private and common open space. Open Space, Usable. Outdoor or unenclosed area on the ground, or on a balcony, deck, porch or terrace designed and accessible for outdoor living, recreation;pedestrian access or landscaping: Usable:open space does not include parking facilities, driveways, utility or service areas, any required front or street side yard, any space with.a diinenslon of less than 6 feet in any direction or an area of less than 60 square feet. min min min b ft.~ --- I 0 ft. 10 ft. Patio Terrace Balcony Front Yazd Private Open Space Private Open Space Common Open Space USABLE OPEN SPACE Oversize Vehicle. Any vehicle which exceeds twenty-five (25) feet in length, seven (7) in width, seven (7) in height, or a weight of 10,000 pounds, motorized or nonmotorized. Oversize vehicle also includes any equipment or machinery regardless of size. Parking Structure. A structure used for parking or vehicles where parking spaces, turning radius, and drive aisles are incorporated within the structure. Patio. A paved court open to the sky. Permitted Use. A use of land that does not require approval of a conditional use permit or temporary use permit. Planned Unit Development (PUD). A large scale development of a parcel or of a combination of related parcels to be developed by a single owner or group of owners acting jointly, involving a related group of uses, planned as an entity and having a predominant developmental feature which serves to unify or organize development. Porch. An open or covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. Private Property. Property owned in fee by an individual, corporation, partnership, or a group of individuals as opposed to public property. 01 ordhone amend/I I/3i01 12 Ord.No.3520 Project. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this ordinance. Public Property. Property dedicated through acquisition or easement for public use which includes but is not limited to streets, alleys,parks, public right-of-ways, and sidewalks. Qualifying Senior Resident. A person who is 62 years of age or older:_ (Section.5 1.2.of the California Civil Code.) Remodel. The upgrade of the interior or exterior faces of a building or.structure without altering to any degree the structural integrity. Residential 1nfill Lot. A residential infill lot is a parcel of land which, at the time of application for a building permit, is contiguous to one (1) or more existing developed single family residential properties and is: 1. A vacant parcel intended for detached single family development, or 2. A parcel with an existing residential structure which will have fifty percent(50%) or more square footage of the habitable area removed in order to construct a remodeled or new multistory detached single family dwelling unit. Room, Habitable. A room meeting the requirements of the Uniform Building Code for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar spaces. Senior Housing. Housing for a family in which at least one person per unit is 60 years old or older, or for a single person who is 60 years old or older. Setback Line. A line across the front, side, rear of any private or public property which delineates an area adjoining a property line in which erection of a building, fence, or other structure is prohibited except as otherwise provided in the zoning ordinance. Significant Disruption. Having a substantial adverse effect upon the functional capacity. Single Ownership. Holding record title, possession under a contract to purchase, or possession under a lease,by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control. Site. A lot, or group of contiguous lots not divided by an alley,street, other right-of-way, or city limit, that is proposed for development in accord with the provisions of this ordinance, and is in a single ownership or has multiple owners, all of whom join in an application for development. Specific Event. A short term temporary use of public property as defined in Section 5.68.010. Specific Plan. A plan for a defined geographic area that is consistent with the General Plan and with the provisions of the California Government Code, Section 65450 et seq. (Specific Plans). 01 ord/zone amend l 113%01 13 Ord.No.3520 Stock Cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. Stp jr. That portion of a building included between the surface of any floor and the surface of the floor or finished undersurface of the roof directly above it. Structure. Anything constructed or erected that requires a location on the ground, excluding swimming pools, patios,walks, access drives, or similar paved areas. Takeoff and Landing Area. That area of the helicopter facility where the helicopter actually lands and takes off. Transmission Line. An electric power line bringing power to a receiving or distribution substation. Usable Satellite Signals. Satellite signals from all major communication satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable televisions. Use, Accessory. A use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use. ..Value. The monetary worth of a structure.determined by the valuation figures used by the. Director for the purpose of calculating building permit fees. Very Low Income Household. A household whose annual income is at or below fifty (50%)percent of Orange County median income as defined by the State of California Department of Housing and Community Development. Wetbar. A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a garbage disposal at a location other than a kitchen or laundry. A wetbar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wetbar is located in a room or a portion of a room with a stove, hot plate, range, oven or other type of kitchen facility, it shall be deemed a separate kitchen. Wetland. Lands within the coastal zone which maybe covered periodically or permanently With shallow water and include salt water marshes, fresh water marshes,open or closed . brackish water marshes, swamps,mudflats,.and fens. Window, Required. An exterior opening in a habitable room meeting the area requirements of the Uniform Building Code. Yard. An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this ordinance, including a front yard, side yard, or rear yard. 01ordhone amend/11/3101 14 Ord.No.3520 Yard, Front. An area between the front lot line and the front setback line extending across the full width of a site. The front yard of a corner lot shall adjoin the shortest street property line along its entire length. Where one street property line is at least 75 percent of the length of the other street property line, the Director shall determine the location of the front yard: Yard, Rear. An area between the rear lot line and the rear setback line extending across the full width of a site. On a corner lot the rear yard shall extend only to the side yard abutting the street. Yard, Side. An area between the rear setback line and the front setback line and between the side property line and side setback line. The side yard on the street side of a corner lot shall extend to the rear lot line. Zoning Ordinance. The Zoning Ordinance of the City of Huntington Beach. 01ord/zone amend/1113101 15 Ord.No.3520 REAR YARD STREET FRONT YARD LOT LINE uu LOT LIN o ES w w Lu cn w W}1 OL o � I ,ram ena w I �- I w _ N N _ STREET FRONT YARD STREET FRONT YARD STREET FRONT YARD CORNER LOT EXAMPLES REAR YARD i.REAR YARD REAR YARD -777 m i I oOc t SIDE • I y YAR PI I uj I Ln N I I SIDEYARDS I ...........................- _ 0 STREET FRONT YARD STREET. FROM YARD STREET .FRONT YARD.. INTERIOR LOT EXAMPLES REAR YARD REAR YARD ,(_LOT LINES SIDE YAR LEGEND ADREDS'►� ` I _ — — BUILDING(ZONING)ENVELOPE _ STREET• I L — — _ (TWO DIMENSIONAL) LOT LINES _... FRONT YARD STREET FRONT YARD SIDE YARD ODD - SHAPED LOT EXAMPLES REQUIRED YARDS 01 ord/zone amend/11/3/01 16 Ord.No.3520 SECTION 2: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of January , 200t2 ATTEST: City Clerk di—la—dt- Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Adrmiristrator City Attorney INITDffD APPROVED: U Z Direr r o0flinning 01 ord/zone amend/1 1/3/01 17 r Ord. No. 3520 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF.HUNTINGTON BEACH ) I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,20021 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. .AYES: Dettloff,Bauer, Cook, Green,Boardman NOES: None ABSENT: Houchen ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent an .2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway.City Clerk of the City Council of the City " City Clerk of Huntington Beach, California • �2-17�di ORDINANCE NO. 3521 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 204 THEREOF RELATING TO USE CLASSIFICATIONS WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04,which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan)relating to permit streamlining and development processing•, and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 204.16 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 204.16 Temporary Use Classifications A. Animal Shows. Exhibitions of domestic or large animals for a maximum of seven days. B. Festivals. Circuses and Carnivals. Provision of games,eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility. C. Commercial Filming, Limited. Commercial motion picture or video. photography at a specific location six or fewer days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) . D. Personal Property Sales. Sales of personal property by a resident(".garage sales") for a period not to exceed 48 consecutive hours and no more than once every six months. E. Real Estate Sales. An office for the marketing, sales, or rental of residential, commercial, or industrial development. This classification includes "model homes." F. Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally established retail business for a period not to exceed 48 consecutive hours no more than once every 3 months. ord/0Izone ord/chp204/11/14/01 1 Y , Ord. No. 3521 G. Seasonal Sales. Retail sales of seasonal products, including Christmas trees, Halloween pumpkins and strawberries. H. Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures. L. Trade Fairs. Display and sale of goods.or equipment related to a specific trade or industry for a maximum period of five days per year. J. Temporary Event. Those temporary activities located within the coastal zone that do not qualify for an exemption pursuant to Section 245.08... K. Tent Event. Allows for the overflow of religious assembly for a period not to exceed 72 consecutive hours and not more than once every 3 months. SECTION 2: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of January , 2002 . ATTEST: City Clerk bl_Ie-O2 Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: ,Q 1 City Adnfnistrator ,-City Attom INITIArD A APPROVED: 2 Direct r ofPlanning/ I ord/01zone ord/chp204/11/1'01 2 t 1 Ord.No. 3521 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY.OF HUNTINGTON BEACH .) . I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of December.2001,and was again read to said City Council at a regular meeting thereof held on the 7th day of January.2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Dettloff,Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen ABSTAIN: None 1,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-offtcio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on s,111,4,ey /-7 ,2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway. Ci i Clerk of the City Council of the City city clerk of Huntington Beach, California 12-1T-0► ORDINANCE NO. 3522 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 211 C THEREOF RELATING TO COMMERCIAL DISTRICTS WHEREAS,pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan)relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW,THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 211.04 CO, CG, and CV Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU." designates use classifications.allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the heading. ord/0Izone ord/chp21l/12/13/01 1 Ord.No.3522 CO CG CV Additional Provisions Residential (J)(Q)(R)(V) Group Residential. PC PC. PC Multifamily Residential. - PC Public and Semipublic (A)(J)(Q)(R)(V) Cemetery - - - Clubs and Lodges ZA ZA - Community and Human Services Drug Abuse Centers - PC - Primary Health Care L-11 L-11 - Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General PC PC - Convalescent Facilities PC PC - Cultural Institutions PC PC PC Day Care, General L-2 L-2 - Day Care, Large-Family P P (Y) Emergency Health Care L-2 L-2 - Government Offices; P P PC Heliports PC PC PC (B) Hospitals PC PC _ Park&Recreation Facilities L-9 L-9 L=9 Public Safety Facilities PC PC PC Religious Assembly ZA ZA - Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) (rest of page not used) _ ord/OIzone ord/chp211/12/14/01 2 Ord.No.3522 P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls P/U = Requires conditional use permit on site of conditional use - = Not Permitted CO CG. CV Additional Provisions Commercial Uses (J)(Q)(R) Ambulance Services - ZA - Animal Sales & Services Animal Boarding - ZA - Animal Grooming - P - Animal Hospitals - ZA - Animals: Retail Sales - P - Equestrian Centers - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings &Loans P P P With Drive-Up Service P P P Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and - PC PC (D) Entertainment . Communication Facilities. P P P Eating and Drinking Estab. P P P L74 (Y) W/Alcohol ZA ZA ZA (N) (Y) W/Drive Through - ZA ZA W/Live Entertainment ZA ZA ZA (W) (Y) W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X) (Y) Food & Beverage Sales - P L-2 . w/Alcoholic Beverage Sales - ZA ZA (N) Funeral & Internment Services - ZA - Laboratories L-1 L-1 - Maintenance &Repair Services - P Marine Sales and Services P P Nurseries - ZA Offices, Business &Professional P P P. Pawn Shops _ ZA _ Personal Enrichment Services L-10 L-10 - (Y) Personal Services P P P Research &Development Services L-1 ZA - Retail Sales - P P (U)(V) Secondhand Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC - (T) Swap Meets, Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 L-12 ord/OIzone ord/chp211112/13/01 3 Ord.No.3522 P = Permitted CO,CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU Temporary Use Permit Controls P/U. _ � Requires conditional use permit.on site of conditional use. - = Not Permitted CO CG CV Additional Provisions Vehicle Equipment/Sales & Services (cont) Automobile Washing - L-7 - Commercial Parking - PC PC (P) Service Stations - PC PC (E) Vehicle Equip. Repair - L-5 - Vehicle Equip. Sales &Rentals ZA ZA - L-12 Vehicle Storage - - - Visitor Accommodations Bed&Breakfast Inns PC PC PC (K) Hotels, Motels - PC PC (I) Quasi Residential Time Shares - PC PC (I)(J) Residential Hotel - PC PC (J) Single Room Occupancy _ PC PC. . (J)(0) Industrial (J)(Q)(R)(V) Industry, Custom - L-6 L-6 Accessory Uses QXV) Accessory Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) Animal Shows - TU - Circus, Carnivals and Festivals - TU - Commercial Filming, Limited - P P (M) Real Estate Sales TU TU TU Retail Sales, Outdoor TU TU (M) Seasonal Sales TU TU. TU (M) Tent Event _ TU Trade Fairs _ TU Nonconforming Uses (G)(J)(V) ord/0lzone ord/chp211/12/14/01 4 Ord.No.3522 CO,CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the,laboratory space exceeds 2,50.0 square feet. L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. L-3 Repealed. L-4 Permitted if greater than 300 feet from residential zone or use; if 300 feet or less from residential zone or use limited notification is required (see Y). L-5 Only"limited" facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. L-6 Only"small-scale" facilities, as described in Use Classifications, are permitted with a maximum 7 persons employed full time in processing or treating retail products, limited to those sold on the premises. L-7 Attended facilities allowed with a conditional use permit from the Planning Commission; unattended,facilities allowed with a conditional use permit from the Zoning Administrator. L-8 On-site storage limited to two rental cars. L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 2,500 square feet or less; allowed with conditional use permit approval from the Zoning Administrator if space exceeds 2,500 square feet. _ In addition,Personal Enrichment uses within a retail building parked at a ratio of one (1) space per 200 square feet, shall require no additional parking provided the use complies with the following: • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and • The instruction area does not exceed 75 percent of total floor area of the personal enrichment building area. L-11 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 2,500 square feet. L-12 Permitted for existing facilities proposing to expand up to 20%. ord/OIzone ord/chp21l/12/13/01 5 Ord.No.3522 (A) Limited to facilities on sites 2 acres or less. (B) See Section 230.40: Helicopter Takeoff and Landing Areas. (C) Repealed. (D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball Machines. (E) See Section 230.32: Service Stations. (F) See Section 241.20: Temporary Use Permits. (G) See Chapter 236: Nonconforming Uses and Structures. (H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28: Dancing Halls; Chapter 5.44: Restaurants- Amusement and Entertainment Premises, and Chapter 5.70: Adult Entertainment Businesses. (1) Only permitted;on a major arterial street, and a passive or active outdoor recreational amenity.shall be provided;subject to approval of the Planning Commission.. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department,Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (1) Retail markets with no more than 10 percent of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not-in conjunction with the sale of gasoline or other motor vehicle fuel. ord/OIzone ord/chp21l/12/13/01 6 Ord.No.3522 (2) Restaurants, Bars-and Liquor stores located 300 feet or more from any R or PS district,public or private school, church,or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See_Section 230.46: Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers. (T) See Section 230.50: Indoor Swap Meets/Flea Markets. (U) See Section 230.94: Carts and Kiosks. (V) In the coastal zone,the preferred retail sales uses are those"identified.in the Visitor Serving Commercial land:use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants,hotels, motels, theaters,museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (X) Outdoor dining that is 400 square feet or less with no alcohol sales shall be permitted without a conditional use permit. (Y) Limited notification requirements when no entitlement required. 1. Ten (10) working days prior to submittal for a building permit or. certificate of occupancy, applicant shall notice adjacent property owners and tenants.by first class mail. 2. Notice of application shall include the following: a. Name of applicant. b. Location of planned development or use, including address. C. Nature of the proposed development shall be fully disclosed in the notice. d. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. e. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. f. Planning Department shall receive entire list including name and address of those receiving the mailing. ord/OIzone ord/chp2ll/12/13/01 7 Ord.No.3522 SECTION 2: That Section 211.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to_read as follows: 211.08 Review of Plans All applications for new construction, initial establishment of use, exterior alterations and additions shall be submitted to the Planning Department for review: Discretionary review shall be required as follows: A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter 241. B. Design Review Board. Projects within redevelopment project areas and areas subject to specific plans;projects within 500 feet of a PS District; see Chapter 244. C. Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241. D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. SECTION 2: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of January , 2002 . ATTEST: City Clerk CI- Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: t� � �✓�' tZ �13 )�0� City Ad nistrator (.City Attorney INIT ffD AND APPROVED: Z Dir ctor o arming ord/O I zone.ord/chp21l/12/13/01 8 Ord.No. 3522 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON.BEACH I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City. of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Dettloff, Bauer., Cook, Green,Boardman NOES: None ABSENT: Houchen ABSTAIN: None 1,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City. Council,do hereby certify that.a synopsis of this ordinance has been published in the Independent on `�rf i7�JrW -.a'-Azy-4x y j 7 ,2002 T In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Bro kway,City Clerk of the City Council of the City A�N�eputv City Clerk of Huntington Beach, California z-1'►-a1 ORDINANCE NO. 3523 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDMSION ORDINANCE BY AMENDING CHAPTER 212 THEREOF RELATING TO INDUSTRIAL DISTRICTS WHEREAS, pursuant to the CaliforniaState Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan)relating to permit streamlining and development processing; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: That Section 212.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 212.04 IG and IL Districts: Land Use.Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in the I districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions"which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use classifications under the.heading. ord/01 zone amend/chp212/12/13/01 1 Ord.No.3523 IG AND IL . P - Permitted DISTRICTS: L - Limited (see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Administrator TU- Temporary Use Permit PIU Requires conditional use permit on site of conditional use Not.Permitted Additional IG IL Provisions Residential Group Residential PC PC (J) Public and Semipublic (A)(M) Community and Human Service Facilities PC PC (L) Day Care, General ZA ZA Heliports Maintenance & Service Facilities PC PC (0) Public Safety Facilities P P Religious Assembly L=10 L-10_ Schools, Public or Private L-6 L-6 Utilities, Major PC PC Utilities,Minor L-7 L-7 (P) Commercial Uses (D)(M) Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA Animal Hospitals ZA ZA Artists' Studios P P _ Banks and Savings and Loans L-1 L-1 Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA Commercial Recreation and Entertainment L-2 L-2 Communication Facilities P P Eating&Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S)(U) Food&Beverage Sales ZA ZA Hospitals and Medical Clinics - PC Laboratories P P Maintenance&Repair Services P P Marine Sales and Services P P Nurseries P P Offices, Business&Professional L-1 L-1 (H) ordl0lzone amend/chp212112/13/01 2 Ord.No.3523 IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Administrator TU- Temporary Use Permit P/U-Requires conditional use permit on site of conditional.use - . Not?ermitted Additional IG IL Provisions Personal Enrichment L-9 L-9 (U) Personal Services L-1 L-1 Research &Development Services P P Sex Oriented Businesses L-11 L-11 (3378-2/98) (regulated by HBMC Chapter 5.70) (3378-2/98) Sex Oriented Businesses. PC PC (R) (3378-2/98) (regulated by HBMC Chapters 5.24& 5.60) (3378-2/98) Swap Meets, Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales &Services Service Stations L-4 L-4 . Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals. . L-5 L-5 Vehicle Storage P ZA (n Visitor Accommodations PC PC (K) Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) (B)(M)(N) Industry, Custom P P Industry, General P P Industry, Limited P P Industry,R&D P P Wholesaling, Distribution& Storage P P Accessory Uses - Accessory Uses and Structures P/U P/U (C) Temporary Uses Commercial Filming,Limited P P (T):. Real Estate Sales TU TU Trade Fairs TU TU (E) Nonconforming Uses (F) ord/OIzone amend/chp212/12/13/01 3 Ord,No.3523 IG AND IL Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use.permit.by.the Planning Commission for. a mixed use project, subject.to the following requirements: .Minimum site area: 3 acres Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. Phased development: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet, the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. L-2 Allowed upon approval of a conditional use permit by the Planning Commission when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a free-standing structure or as a secondary use to a building provided that no.more than 20 percent of the floor.area.is occupied by.such a use. L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. L-5 No new or used automobile, truck or motorcycle retail sales are permitted. L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use are allowed upon approval of a conditional use permit by the Planning Commission. L-8 Allowed upon conditional use permit approval by the Planning Commission when a.single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95%-of the-floor area and the remaining 5%may be occupied by secondary tenants. L-9 Permitted if the space is 2,500 square feet or less; allowed by conditional use permit approval by the Zoning Administrator if the space is over 2,500 square feet. I ord/01 zone amend/chp212/12/13/01 4 Ord.No.3523 IG AND IL Districts: Additional Provisions(continued) L=10 Allowed by conditional use permit approval by the Zoning Administrator for a period of time not to exceed five (5)'years. L-11 Allowed subject to the following requirements: A. A proposed sex oriented business shall be at least five hundred feet(500') from any residential use, school,park and recreational facility,or any building used for religious assembly(collectively referred to as a"sensitive use") and at least seven hundred fifty feet(750') from another sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term "residential use"means any property zoned RL,RM,RMH, RH,RMP, and any properties with equivalent designations under any specific plan. To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: 1. the lot line of any other sex oriented business within seven_hundred fifty feet(750') of the lot line of the proposed sex oriented business; 2. the lot line of any building used for religious assembly, school, or park and recreational facility within five hundred(500') feet of the lot line of the proposed sex oriented business; and 3. the lot line of any parcel of land zoned RL, RM,Rw1H,RH, and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet(500') of the lot line of the proposed sex oriented business. B. The front facade of the building, including the entrance and signage, shall not be visible from any major,primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996,with the exception of Argosy Drive. C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Planning Department Staff Review of a sex oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within ten (10) days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within ten(10) ord/OIzone amend/chp212112/13/01 5 Ord.No.3523 IG AND IL Districts: Additional Provisions(continued) days. Within thirty days of receipt of a completed application, the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking &Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236,Nonconforming Uses and Structures. 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic Ianguage, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or"specified sexual activities"; and b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major,primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. D. The Director shall grant or deny the application for a sex oriented business zoning - permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. E. Ten (10) working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review, the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and(ii) give mailed notice of the application to property owners within one thousand (1000') feet of the proposed location of the sex oriented business; and the City of Huntington Beach, Department of Community Development by first class mail. The notice of application shall include the following: 1. Name of applicant; 2. Location of proposed sex oriented business, including street address (if known) and/or lot and tract number; ord/01zone amend/chp212112/13/01 6 Ord.No.3523 IG AND IL Districts: Additional Provisions(continued) 3. 'Nature of the sex oriented business, including maximum height and square footage of the proposed development; 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten(10) working days from staff review submittal; and 6. The address of the Department of Community Development. F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233 G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or 2. The use is established. H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. (A) Limited to facilities on sites of 2 acres or less. (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an.R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (C) Accessory office uses incidental to'a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (Rest of page not used) ord/O I zone amend/chp212/12/13/01 7 Ord.No.3523 IG AND IL Districts: Additional Provisions(continued) (D) Adjunct office and commercial space,not to exceed 25 percent of the floor area of the. primary industrial use,is allowed with a conditional use:permit from the Zoning Administrator,provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site, and the primary industrial fronts on an arterial. (E) See Section 241.22: Temporary Use Permits. (F) See Chapter 236: Nonconforming Uses and Structures. (H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. Administrative,management,regional or headquarters offices for any permitted industrial use, which are not intended to serve the public, require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. (I) Automobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit.by the Planning Commission and the following criteria: (a) The site shall not be located within 660 feet of an R district. (b) All special metal cutting and compacting equipment shall be completely screened from view. (c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not less than 6 feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (d) Items stacked in the storage yard shall not exceed the height of the screening walls — or be visible from adjacent public streets. (J) Limited to facilities serving workers employed on-site.: (K) See Section 230.46: Single Room Occupancy. (L) Limited to Emergency Shelters. ord/OI zone amend/chp212/12/13/01 8 Ord.No.3523 IG AND IL Districts: Additional Provisions(continued) (M) Development of vacant land and/or additions of 10,000 square feet or more in,floor.area;or additions equal to or greater than 50% of the existing building's floor area;or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise,traffic). (N) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (0) See Section 230.40: Helicopter Takeoff and Landing Areas. (P) See Section 230.44: Recycling Operations. (Q) See Section 230.50: Indoor Swap Meets/Flea Markets (R) See L-11(A)relating to locational restrictions. (S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be.. permitted without a conditional use permit. (T) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Planning Director. (U) Limited notification requirements when no entitlement required. 1. Ten (10)working days prior to submittal for a building permit or certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. 2. Notice of application shall include the following: _ a. Name of applicant. b. Location of planned development or use, including address. C. Nature of the proposed development shall be fully disclosed in the notice. d. .Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. e. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. f. Planning Department shall receive entire list including name and address of those receiving the mailing. ord/OIzone amend/chp212/12/13/01 9 Ord.No.3523 SECTION 2: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED.by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of January , 2002 . ATTEST: AM" City Clerk 01_ 10-0'z Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: - P�' ' r Izlr�/nf City Adrruiq0Gator Gv'City Attorney INTT ED APPROVED: Z Dire or of Tanning ord/OIzone amend/chp212/12/13/01 10 Ord. No: 3523 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH .) I, CONNIE BROCKWAY,the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of December, 2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,2002;and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Dettloff, Bauer, Cook, Green,Boardman . NOES: None ABSENT: Houchen ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on i¢,(/(/&AV I V ,2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway.City Clerk of the City Council of the City "puty City Clerk of Huntington Beach, California Ord. No. 3531 If the Director determines that the parcels were merged but that they meet the conditions for unmerger in Section 257.18, a Notice of Status shall be issued to the owner and filed for record with the County Recorder by the Director. The Notice of Status shall identify each parcel and declare that they are unmerged pursuant to this chapter. If the Director determines that.the parcels were merged but do not meet the conditions for unmerger in Section 257.18, a Notice of Merger specifying the record owner and description of the parcel shall be issued to the owner and filed for record with the County Recorder by the Director. The owner may appeal the decision of the Director to the Planning Commission in accordance with Chapter 248, provided that the appeal must be filed within 10 calendar days of the date of the mailing of the Notice of Merger. The Planning Commission shall hear the appeal within 60 days from the date of appeal. SECTION 7: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of January 2002 . ATTE T: City Clerk al—)a-d2 Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: 10 City A ministrator l�-City Attorney INITI&TEDAND APPROVED: Z it for of Plannin ordi01 zoning ord/chp2-57,l H2/01 3 Ord. No. 3531 STATE OF CALIFORNIA ) COUNTY OF ORANGE )' ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January, 2002, and was passed and adopted by the affirmative vote of at least a majority.of all the members of said City Council. AYES: Dettloff,Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen , ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City- Council,do hereby certify that.a synopsis of this ordinance has been published in the Independent on L�N A 7 ,2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway, City Clerk of the City Council of the City iuty city Clerk of Huntington Beach, California ORDINANCE NO. 3532 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH SPECIFIC PLAN RELATING TO THE DOWNTOWN PARKING MASTER PLAN The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 4.4.01 of the Huntington Beach Specific Plan is hereby amended to read as follows: 4.4 DISTRICT #2: RESIDENTIAL Purpose. This District allows residential development exclusively. While allowing higher densities, the District employs graduated height limits and proportional setback requirements to keep the scale of new developments compatible with the existing residential neighborhood. Boundaries. District#2 includes the first block along PCH to Walnut Avenue between Goldenwest Street and 6th Streets except for the area included in District#l. 4.4.01 Permitted Uses. The following residential uses may be allowed in District No. 2: For example:. (a) Single Family Detached Dwellings which comply with the development standards of District 2 may be allowed subject to approval by the Director. All standards within the Downtown Specific Plan,District.2 shall apply to the construction of single-unit dwellings, except as specifically identified below (Resolution No. 5760): (1) Parking requirements shall be as required for single-unit dwellings for the Oldtown/Townlot areas in Article 960. (2) Open space requirements shall be as required for the Oldtown/Townlot areas in Article 913. (3) Maximum building height shall be thirty(30) feet for main dwellings and fifteen(15) feet for detached accessory buildings. In addition, the maximum building height shall be twenty-two (22) feet within twenty-five (25) feet of the front property line. (4) Minimum parcel size shall be as stated in Article 913. (5) The requirements of Section 9130.13 shall apply, including single-unit dwelling design standards. (b) Multi-family housing, apartments, condominiums, single family detached dwellings that do not comply with Subsection(a) above, and stock-cooperatives subject to the approval of a Conditional Use Permit. jmp/planning/4-444-6 4-8 ord/10/26/00 1 Ord. No. 3532 4.4.02 Minimum Parcel Size. The minimum parcel size for development shall be twenty-five (25) feet of frontage and 2,500 square foot net size area. 4.4.03 Maximum Density/Intensity. The maximum allowable number of residential dwelling units (du) shall increase as the parcel size increases according to the following: Lot Size (Frontal Maximum Allowable Density less than 50' 1 du 50' 4 du 51'up to full block ldu/1,452 sq. ft. of net lot area or 30 units per net acre SECTION 2. Section 4.6.01 of the Huntington Beach Specific Plan is hereby amended to read as follows: 4.6 DISTRICT #4: MIXED-USE: OFFICE RESIDENTIAL Purpose. This District flanks the Downtown core area, separating the area along Main Street from the outlying areas which are primarily residential. The purpose of this District is to provide a transition zone between the existing residential areas to the commercial Main Street corridor. Consequently, mixes of office and residential uses are permitted. Boundaries. District#4 includes the half-blocks on the northwest side of the Main Street.core area from 6th Street to the alley between 6th:and 5th Streets; and'from the alley between 3rd and 2nd Streets to the alley between 2nd and First.Streets,' between Walnut and Orange Avenues. 4.6.01 Permitted Uses. (a) The following list of principal uses in District No. 4 may be allowed. Other office-residential related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For example: Office Use-professional, general business and non-profit offices. Outdoor dining pursuant to S.4.2.33 .. Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code. Commercial Use - Commercial uses which are integrated Within and clearly incidental to an office use, shall be permitted provided that it cumulatively does not exceed ten (10) percent of total gross floor areas of the development. Note: Single Family Detached dwellings which comply with the development standards in District#4 shall be subject to the approval by the Director in lieu of a conditional use permit jmp/planning/l-4-4 4-6 4-8 ord/10/26/00 2 Ord. No. 3532 (b) The following list of uses and any new construction, or change of such use in District No. 4 may be allowed subject to approval of a Conditional Use Permit. For example: Residential Use - multi-family housing, apartments, condominiums and stock cooperatives. Mixed-Use- Mixed Residential/Office Use developments shall be permitted provided that residential uses: Be segregated to separate structure or restricted to the second story or above; Not occupy any portion of the same story with non-residential uses, unless they are provided with adequate physical and acoustical separation; Be on contiguous floors xi-ithin a single structure; Be provided with separate pedestrian ingress and egress; SECTION 3. Section 4.8.01 of the Huntington Beach Specific Plan is hereby amended to read as follows: 4.8 DISTRICT#6:. MIXED USE,• COMMERCIAL/OFFICE/RESIDENTIAL Purpose. This District encompasses the area north of the.Downtown core and includes the public library. It is-intended to provide a location for neighborhood commercial enterprises to serve surrounding residents, as well as office space, public facilities and residential uses. This mixed use node will anchor the inland end of the Main/Pier corridor. Boundaries. District#6 consists of the blocks located between Sixth Street and Lake Street from Orange Avenue to Palm Avenue. 4.8.01 Permitted Uses. (a) The following list of uses which establishes new neighborhood commercial uses and which cater to year round residents in District No. 6 may be allowed. Other commercial/office/residential related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For Example: . Antique stores Art Gallery Bakeries Banks Barber, beauty, manicure shops Bicycle sales,rental and repair Bookstores Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Clothing stores Delicatessens jmp/planningN-44 4-6 4-8 ord!10/26/00 3 Ord. No. 3532 Drug stores Dry cleaning Florists • Glass shops Groceries Hardware stores Ice House Laundromats, laundries Newspaper and magazine stores Newsstands Offices Outdoor dining pursuant to S.4.2.33 Photographic equipment sales Photographic processing Photographic studios Public facilities Shoe repair Shoe stores Sporting goods Tailor shops Travelagency Undertakers (b) The following list of uses and any new construction, or change of such use in District No. 6 may-be allowed subject to.approval of a.Conditional Use Permit. For example: Dancing and/or live entertainment Health and sports clubs Liquor stores Permanent parking lots and parking structures Residential Uses Restaurants (c) Residential uses are allowed in conjunction with commercial uses and/or separate from commercial uses in this district subject to conditional use permit. .Single family dwellings are subject to Director approval. (d) The frontage on 3rd and Lake Streets between Orange and Palm Avenues may be residential. 4.8.02 Minimum Parcel Size. The minimum parcel size for development shall be two - thousand five hundred(2,500) square feet and twenty-five (25) feet of frontage. Existing parcels greater than twenty-five (25) feet in width shall not be subdivided to create 2,500 square foot lots. 4.8.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by floor area ratio (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be calculated on net acreage. (a) The maximum allowable number of residential dwelling units shall be 1 du/1,742 square feet net lot area or twenty-five (25) units per net acre. jmp/planning/4-44 4-6 4-8 ord/10/26/00 4 Ord. No. 3532 (b) Lot Size Maximum FAR Less than half-block 1.5 Half-block or greater 2.0 4.8.04 Maximum Building Height. The maximum building height shall be as follows: Lot Size (Frontage) Height . less than 100' 2 stories/30 feet 100'up to but less than 3 stories/35 feet a full block full block 4 stories/45 feet 4.8.05 Maximum Site Coverage. No maximum site coverage shall be required in this District. 4.8.06 Setback (Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifteen(15) feet; Exception: Parcels fronting on Fifth and Third Streets may be reduced to five (5) feet and parcels fronting on Main Street must build to within (5) feet of the property line. SECTION 4. This ordinance shall become effective immediately upon certification by the California Coastal Commission. PASSED AND ADOPTED.by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 71h. day of Jawary 20M . ATTE City Clerk di-to-A Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: Ci dministrator City Attorney INIT TED AND APPROVED: Aj— Planning Director jmp/planning/4-44 4-6 4-8 ord/10/26;00 5 Ord. No. 3532 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-offcio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of December, 2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: . . Dettloff,Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach.and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on 2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Broclaay,City Clerk of the City Council of the City Uty City Clerk of Huntington Beach, California x^� i "� t �" �� `- u-;r ^'� .fir „� n � �` v r ,y L�s__� t �``�'s .-If /—y — ORDINANCE NO. 3517 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING SECTION 245.32 THEREOF RELATING TO.APPEALS OF COASTAL DEVELOMENT PERMITS WHEREAS,pursuant to the.Califomia State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-07 , which amends Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance relating to appeals of Coastal Development Permits; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance is.hereby amended to read as follows: . 245.32 Appeals Development pursuant to an approved Coastal Development Permit shall not commence until all applicable administrative appeal periods expire or, if appealed, until all administrative appeals, including those to the Coastal Commission, have been exhausted. A. Action by the Zoning Administrator or Planning Commission to approve, conditionally approve, or deny any Coastal Development Permit may be appealed on or before the tenth working day following such action. Action by the Zoning Administrator may be appealed to the Planning Commission. Action by the Planning Commission may be appealed to the City Council. Appeals may be made directly to the Coastal Commission pursuant to Sections 13111 and 13573 of the California Code of Regulations for appealable development. B. Action by the City Council on a Coastal Development Permit for appealable development may be appealed directly to the Coastal Commission pursuant to Sections 13111 and 13573 of the California Code of Regulations. C. An appeal pursuant to this chapter may be filed only by the applicant for the Coastal Development Permit in question, an aggrieved person, or any 2 members of the Coastal Commission. D. An appeal to the Planning Commission shall be filed with the Planning Department. An appeal to the City Council shall be filed with the City Clerk. The appeal shall be G:4:2001 rd:amend 245_32-appeals I Rls 99-417 Rev. 10-11-01 S' accompanied by a fee set by resolution of the City Council and a statement of the grounds for the appeal. E. Notice of the local appeal shall be given as set forth in Section 245.20 or 245.22 and shall be processed in accordance with the provisions.of Section 248.20. F. An appeal to the Coastal Commission shall be processed in accordance with the provisions of Sections 13110 through 13120 of the California Code of Regulations. 245.32 Appeals SECTION 2. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of December , 2001. Mayor ATTEST: APPROVED AS TO FORM: L�!lrGf. /0 City Clerk 12-21-01 City Attorney REVIEWED AND APPROVED: LVIT D AND APPROVED: ItX";4 City Adifrinistrator VC of Planning I I i 2 G:4:2001rd:amend 245_32-appeals Rls 99-417 Rev. 10-11-01 Ord. No. 3517 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 3rd day of December, 2001, and was again read to said City Council at a regular meeting thereof held on the 17th da_y of December,2001, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Garofalo,Dettloff, Bauer, Cook,Houchen, Green,Boardman NOES: None ABSENT: None ABSTAIN: None 1,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-oflicio Clerk of the City Council,do hereby.certify that a synopsis of this ordinance has been published in the independent on 7�Ce1M1�X _ _ ,2001 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brock%vay,City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California g:1ordinanc1ordbkpg2001.doc ins=�'� �, -c ,g S s '�'v�� � _ `' `�,}v,.'x-»� �" ..� RCrk�#'X''�'- �,�.•� .� k `M' ra'��.��3a�"sY-a "'x'�'�£ �_.�°F- F -s -� t � ORDINANCE NO. 3553 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION CODE BY AMENDING CHAPTER 211C AND 214.04 THEREOF RELATING TO COMMERCIAL DISTRICTS AND PUBLIC SEMIPUBLIC DISTRICTS WHEREAS,pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-09,which amends Chapters 211 C and 214 of the Huntington Beach Zoning and Subdivision Code relating to Commercial Districts and Public-SemiPublic Districts; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: .That Section 211.04 of the Huntington Beach Zoning.and Subdivision Ordinance is hereby amended to read as follows: 211.04 CO, CG, and CV Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a.conditional use permit by the Zoning,Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use 1 PDA 2002 ordinances:zta01-09 Rls 2001-0943 Ord. No. 3553 classification heading, referenced provisions shall apply to all use classifications under the heading. CO CG CV Additional Provisions Residential (J)(Q)(R)(V) . Group Residential PC PC PC Multifamily Residential - - PC Public and Semipublic (J)(Q)(R)(V) Cemetery - - - Clubs and Lodges ZA ZA - Community and Human Services Drug Abuse Centers - PC Primary Health Care L-11 L-11 - Emergency Kitchens - L-2 - Emergency Shelters - L-2 - Residential Alcohol Recovery, General - PC - Residential Care, General PC PC - Convalescent Facilities PC PC Cultural Institutions PC PC PC Day Care, General L-2 L-2 - Day Care, Large-Family P P - (Y) Emergency Health Care_ L-2 L-2 - Government Offices P . P. PC Heliports PC PC PC (B): Hospitals PC PC - Park&Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly ZA ZA - Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) (rest of page not used) 2 PDA 2002 ordinances:zta01-09 Rls 2001-0943 Ord. No. 3553 P = Permitted CO, CG, L = Limited (see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use TU = Temporary Use Permit Controls . P/U Requires conditional use permit on site of conditional use - = Not Permitted CO CG CV Additional Provisions Commercial Uses (J)(Q)(R) Ambulance Services - ZA - Animal Sales & Services Animal Boarding - ZA - Animal Grooming - P - Animal Hospitals - ZA - Animals: Retail Sales - P - Equestrian Centers - PC - (S) Pet Cemetery - PC - Artists' Studios P P P Banks and Savings &Loans P P P With Drive-Up Service P P P Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and - PC PC (D) Entertainment. Communication Facilities.' ` P P P Eating and Drinking Estab. P P P L-4 (Y) W/Alcohol ZA ZA ZA (N) (Y) W/Drive Through - ZA ZA W/Live Entertainment ZA ZA ZA (W) (Y) W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X) (Y) Food&Beverage Sales - P L-2 w/Alcoholic Beverage Sales - ZA ZA (N) Funeral &Internment Services - ZA - Laboratories L-1 L-1 - Maintenance&Repair Services - P - Marine Sales and Services - P P Nurseries - ZA - Offices,Business &Professional P P P Pawn Shops _ ZA _ Personal Enrichment Services L-10 L-10 - (Y) Personal Services P P P Research &Development Services L-1 ZA - Retail Sales - P P (U)(V) Secondhand Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC - (T) Swap Meets,Recurring - ZA - Tattoo Establishments - PC - Travel Services P P P Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 L-12 3 PDA 2002 ordinances:zta01-09 Rls 2001-0943 Ord. No. 3553 P =- Permitted CO, CG, L = Limited(see Additional Provisions) and CV PC = Conditional use permit approved by Planning Commission Districts ZA = Conditional use permit approved by Zoning Administrator Land Use . TU. = Temporary Use Permit Controls P/U = Requires conditional use permit on site of.conditional use - = Not Permitted CO CG CV Additional Provisions Vehicle Equipment/Sales & Services (cont) Automobile Washing - L-7 - Commercial Parking - PC PC (P) Service Stations - PC PC (E) Vehicle Equip. Repair - L-5 - Vehicle Equip. Sales &Rentals ZA ZA - L-12 Vehicle Storage - - - Visitor Accommodations Bed &Breakfast Inns PC PC PC (K) Hotels, Motels - PC PC (1) Quasi Residential Time Shares - PC PC (1)(J) Residential Hotel - PC PC. .(J.)_. Single Room Occupancy - PC PC (J)(0) Industrial (J)(Q)(R)(V) Industry, Custom - L-6 L-6 Accessory Uses (J)(V) Accessory Uses & Structures P/U P!U P/U Temporary Uses (F)(J)(V) Animal Shows - TU - Circus, Carnivals and Festivals - TU - Commercial Filming, Limited - P P (M) Real Estate Sales TU TU TU Retail Sales, Outdoor TU TU (M) Seasonal Sales TU TU TU : (M) Tent Event TU Trade Fairs - TU - Nonconforming Uses (G)(J)(V) 4 PDA 2002 ordinances:=01-09 Rls 2001-0943 Ord. No. 3553 CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the.space is 2,500.square feet or less; allowed.with a conditional use permit from the Zoning Administrator if the laboratory space exceeds 2;500 square feet. L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use.permit from the Planning Commission if the space exceeds 2,500 square feet. L-3 Repealed. L-4 Permitted if greater than 300 feet from residential zone or use; if 300 feet or less from residential zone or use limited notification is required(see Y). L-5 Only"limited" facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. L-6 Only"small-scale" facilities, as described in Use Classifications, are permitted with a maximum 7 persons employed full time in processing or treating retail products, limited to those sold on the premises. L-7 Attended facilities allowed with a conditional use permit from the Planning Commission; unattended facilities allowed with a conditional use permit from the Zoning Administrator. L-8 On-site storage limited to two rental cars. L-9 Public facilities permitted,but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 2,500 square feet or less; allowed with conditional use permit approval from the Zoning Administrator if space exceeds 2,500 square feet. In addition, Personal Enrichment uses within a retail building parked at a ratio of one (1)space per 200 square feet, shall require no additional parking provided the use complies with the following: • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and • The instruction area does not exceed 75 percent of total floor area of the personal enrichment building area. L-11 Permitted if the space is 2,500 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 2,500 square feet. L-12 Permitted for existing facilities proposing to expand up to 20%. 5 PDA 2002 ordinances:=01-09 Ris 2001-0943 Ord. No. 3553 (A) Reserved. (B). See Section 230.40: Helicopter Takeoff and Landing Areas. (C) Repealed: (D) See Section 230.38: Game Centers; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billiards; and Chapter 9.28: Pinball Machines. (E) See Section 230.32: Service Stations. (F) See Section 241.20: Temporary Use Permits. (G) See Chapter 236: Nonconforming Uses and Structures. (H) For teen dancing facilities,bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28: Dancing Halls; Chapter 5.44: Restaurants- Amusement and Entertainment Premises, and Chapter 5.70: Adult Entertainment Businesses. -(I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity.shall be provided, subject to approval of the Planning Commission. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (K) See Section 230.42: Bed and Breakfast Inns. (L) See Section 230.44: Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86 Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (1) Retail markets with no more than 10 percent of the floor area devoted to sales,display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not-in conjunction with the sale of gasoline or other motor vehicle fuel. 6 PDA 2002 ordinances:=01-09 Rls 2001-0943 Ord. No. 3553 (2) Restaurants,Bars-and Liquor stores located 300 feet or more from any R or PS district,public or private school, church, or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement... (0) See Section 230.46:.Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50%of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (R) Projects within 500 feet of a PS District see Chapter 244. (S) See Section 230.48: Equestrian Centers. (T) See Section 230.50: Indoor Swap Meets/Flea Markets. (U) See Section 2.30.94: Carts and Kiosks. (V) In the coastal zone, the preferred retail.sales uses are those identified in the Visitor Serving Commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants,hotels,motels,theaters,museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (X) Outdoor dining that is 400 square feet or less with no alcohol sales shall be permitted without a conditional use permit. (Y) Limited notification requirements when no entitlement required. 1. Ten (10)working days.prior to submittal for a building permit or . certificate of occupancy, applicant shall notice adjacent property owners and tenants by first class mail. 2. Notice of application shall include the following: a. Name of applicant. b. Location of planned development or use, including address. C. Nature of the proposed development shall be fully disclosed.in the notice. d. Planning Department phone number and address of City Hall shall be provided in the notice to call for viewing plans. e. The date by which any comments must be received in writing by the Planning Department and City appeal procedures. f. Planning Department shall receive entire list including name and address of those receiving the mailing. 7 PDA 2002 ordinances:zta01-09 Rls 2001-0943 Ord. No. 3553 SECTION 2: That Section 214.04 of the Huntington Beach Zoning and Subdivision Code is hereby amended to read as follows: 214.04.Applicability The PS District shall be the base district for the use classifications listed in .Section 214.06 where these have a contiguous site area of 2 acres or more, including alleys, streets, or other rights-of-way. This requirement does not apply to Public-Semipublic use classifications in commercial districts. Public- semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located. SECTION 3: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of April , 2002. ATTEST: City Clerk d 1�oZ y. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Adm' >.strator /0,,City Attorney INIT ED AND APP OVED: / Vector of Planning 8 PDA 2002 ordinances:=01-09 Rls 2001-0943 Ord. No. 3553 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON_BEACH ) I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 1st day of April,2002, and was again read to said City Council at a regular meeting thereof held on the 15th day of April,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES:_ Green,Dettloff,Bauer, Cook,Houchen, Winchell, Boardman NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on * I !@& ,2002 T In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway,City Clerk of the City Council of the City �keputy City Clerk of Huntington Beach, California .�`•,� �' ..,, �a.e,� � is � `� � � #`_� .a. 'sr- � .y � � '`x� was � � �� z ,� r ,� ORDINANCE NO. 3568 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY RELATING TO WIRELESS COMMUNICATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. In Section 203.06 of Chapter 203 of the Huntington Beach Municipal Code, the definition of Antenna, Communication is amended to read as follows: 203.06 Definitions Antenna, Communication. All types of receiving and transmitting antenna,except satellite dish antenna, including but not limited to cable television antenna, wireless communication antenna, FM digital communication antenna, microwave telephone communication antenna, amateur radio antenna, and short-wave communication antenna and other similar antenna. SECTION 2. Section 204.10 of Chapter 204 of the Huntington Beach Municipal Code, subpart I entitled"Communication Facilities,"is amended to read as follows: I. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic.mechanisms, but excluding Utilities (Major). This classification includes radio,television, or recording studios; telephone switching centers; telegraph offices; and wireless communication facilities. SECTION 3. In Section 210.04 of Chapter 210, of the Huntington Beach Municipal Code,the list of land uses is amended to add"Communication Facilities"as a permitted use, subject to the new land use control description of L-5, as follows: RL RM RMH RMP Additional RH Provisions .Communication Facilities. L-5 L-5 L-5 L-5 L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. SECTION 4. In Section 211.04 of Chapter 211 of the Huntington Beach Municipal Code, the land use control designation for Communication Facilities is amended from"P"to the new designation of"L-13" as follows: CO CG CV Additional Provisions ord/02zone/chaps wireless7/24/02 1 Ord.No.3568 CO CG CV Additional Provisions Communication Facilities. L-13 L-13 L-13 1-13 For wireless communication facilities see Section 23.0.96 Wireless Communication Facilities. All other communication facilities permitted. SECTION 5. In Section 212.04 of Chapter 212 of the Huntington Beach Municipal Code,the land use control designation is amended from"P" to the new description of"L-12" as follows: IG IL Additional Provisions Communication Facilities L-12 L-12 L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. SECTION 6. 'In Section 213.06 of Chapter 213 of the Huntington Beach Municipal Code,the list of land uses is amended to*add"Cominumcation Facilities" as a permitted use, subject to the new land use control designation of L-4, as follows: OS-PR OS-S OS-WR Additional Provisions Communication Facilities L-4 L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. SECTION 7. In Section 214.06 of Chapter 214 of the Huntington Beach Municipal Code,the list of land uses is amended to add"Communication Facilities" as a permitted use, subject to the new land use control description of L-4, as follows: Additional PS Provisions Communication Facilities L-4 L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. ord/02zone/chaps wireless7/23/02 2 Ord.No.3568 SECTION 8. Section 230.72 of Chapter 230 of the Huntington Beach Municipal Code is hereby amended to read as follows: 230.72 Exceptions to Height Limits Chimneys; vent.pipes; cooling towers; flagpoles;.towers; spires; domes; cupolas;parapet walls not more than 4 feet high; water tanks; .fire towers;.transmission antennae (including wireless communication facilities); radio and television antennas (except satellite dish antennae); and similar structures and necessary mechanical appurtenances (except wind-driven generators) may exceed the maximum permitted height in the district in which the site is located by no more than 10 feet. The Zoning Administrator may approve greater height with a conditional use permit. Within ,the coastal zone exceptions to height limits may be granted only when public visual resources are preserved and enhanced where feasible. SECTION 9. Section 230.80 of Chapter 230 of the Huntington Beach Municipal Code is hereby amended to read as follows: 230.80 Antennae A. Purpose. The following provisions are established to regulate installation of antennae to protect the health, safety, and welfare of persons living and working in the City and to preserve the aesthetic value and scenic quality of the City without imposing unreasonable limitations on, prevent the reception of signals, or imposing excessive costs on the users of the antennae. B. Permit Required. Approval by the Director shall be required for the installation of an antenna or satellite antenna to ensure compliance with the locational criteria. Construction shall be subject to the provisions of the Uniform Building Code and National Electrical Code, as adopted by the City. Within the coastal zone, approval of a coastal development permit shall be required for installation of any antenna that meets the definition of development in Section 245.04 unless it is exempt pursuant to Section 245.08.(3334) C. Locational Criteria: Satellite Antennae. A satellite antenna may be installed on a lot in any zoning district if it complies with the following criteria: 1. Number: Only one satellite antenna may be permitted on a residential lot. 2. Setbacks: Interior side and rear property lines, 10 feet, except that no setback shall be required in interior side and rear setback areas if the antenna or satellite antenna does not exceed 6 feet in height. No antenna or-satellite antenna shall be located in a required front yard. When roof-mounted, the antenna or satellite antenna shall be located on the rear one-half of the roof. 3. Maximum Height: a. The maximum height of a satellite antenna shall not exceed 10 feet if installed on the ground or the maximum building height for the district in which the satellite antenna is located, if roof-mounted. b. The maximum height of an antenna shall not exceed the maximum building height for the district in which the antenna is located. ord/02zone/chaps wireless7/24/02 3 Ord.No.3568 4. Maximum Dimension: The maximum diameter of a satellite antenna shall not exceed 10 feet in .all districts with the exception that the diameter may be increased in non-residential districts if a conditional use permit is approved by the Zoning Administrator. S. Screenins?: The structural base of an antenna or satellite antenna, including-all bracing . and appurtenances, but excluding the antenna or dish itself, shall be screened from public view and adjoining properties by walls, fences, buildings, landscape, or combinations thereof not less than 7 feet high so that the base and support structure are not visible from beyond the boundaries of the site at a height-of-eye 6 feet or below. 6. Underarounding: All wires and/or cables necessary for operation of the antenna or satellite antenna or reception of the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna or satellite antenna. 7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall be permitted. 8. Excepttion: Requests for installation of an antenna or satellite antennae on sites that are incapable of receiving signals when installed pursuant to the locational .criteria may be permitted subject to conditional use permit approval by the Zoning Administrator. The applicant shall, submit documentation that installation at a height greater than permitted, ..or in another yard area, is necessary for the reception of usable antenna.or satellite signals: .Applications shall be_approved upon finding that the aesthetic value and scenic quality of the City is preserved, pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 241. SECTION 10. Chapter 230 of the Huntington Beach Municipal Code is hereby amended by adding new Section 230.96 thereto, to read as follows: 230.96 Wireless Communication Facilities A. Purpose. All wireless communication facilities shall comply with these requirements and guidelines in order to regulate the location and design of wireless facilities for the protection.of public safety, general welfare, and quality of life in the City of Huntington Beach. B. Permit Required. 1. Administrative approval by the Director may be granted for proposed wireless communication facilities(including but not limited to ground mounted, co- located, wall, roof, or utility mounted)that are: a. Co-located to approved facilities at existing heights or complies with the base district height limit for modified facilities, and compatible with ord/02zone/chaps wireless7/23/02 4 Ord.No.3568 surrounding buildings and land uses by incorporating stealth techniques; or b. Completely stealth facilities and complies with the base district height limit; or . C. Facilities in non-residential districts and in compliance with the maximum building height permitted within the zoning district; and I. Screened from view and not visible from beyond the boundaries of the site at eye level (six feet); or 2. Substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or 3. Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques. 2. Conditional use permit approval by the Zoning Administrator shall be required for all proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof or utility mounted)that are: a. Exceeding the maximum building height permitted.within the zoning district; or b. Visible from beyond the boundaries of the site at eye level(six feet); or C. Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or d. Not designed to be architecturally compatible with surrounding buildings and land uses; or e. Facilities in residential districts that do not meet B.La or B.Lb. 3. Design review shall be required for wireless communication facilities located in. redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to specific plans, on or within 300 feet of a residential district, and in areas designated by the City Council. Design review is not required for wireless communication facilities that comply with section B.I. C. Definitions. For the purpose of this section, the following definitions for the following terms shall apply: ord/02zone/chaps wireless7/24/02 5 Ord.No.3568 1. Accessory Structure. Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a wireless communication facility. 2. Co-Location or Co-Located. The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a.common supporting structure,wall or building. 3. Completely Stealth Facility. Any stealth facility that has been designed to completely screen all aspects of the facility including appurtenances and equipment from public view. Examples of completely stealth facilities may include,but are not limited to architecturally screened roof-mounted antennas, fagade mounted antennas treated as architectural elements to blend with.the existing building,flagpoles, church steeples, fire towers, and light standards. 4. Ground Mounted Facility. Any wireless antenna that are affixed to a pole,tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. 5. Microwave Communication. The transmission or reception of radio communication at frequencies of a microwave signal(generally, in the 3 GHz to 300 GHz frequency spectrum). 6. Pre=existing'Wireless Facility. :Any wireless communication-facility.for which;a. building permit or conditional use permit has been properly issued prior to the effective date of this ordinance,including permitted facilities that have not yet been constructed so long as such approval is current and not expired. 7. Roof Mounted. Any wireless antenna directly attached or affixed to the roof of an existing building,water tank,tower or structure other than a telecommunications tower. 8. Stealth Facility or Techniques. Any wireless communication facility,which is designed to blend into the surrounding environment, typically, one that is architecturally integrated into a building or other concealing structure. See also definition of completely stealth facility, 9. Telecommunication Facility: A wireless communication facility that is either wall mounted,utility mounted,or roof mounted. 10. Utility Mounted. Any wireless antenna mounted to an existing above-ground structure specifically designed and originally installed to support utilities such as' but not limited to electrical power lines,cable television.lines,telephone lines, non-commercial wireless service antennas,radio antennas, street lighting, recreational facility lighting,traffic signal equipment or any other utility which meets the purpose and intent of this definition. ord/02zone/chaps wirciess7/23/02 6 Ord.No.3568 11. Wall Mounted. Any wireless antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna(including the exterior walls of a building, an existing parapet, the side of a water.tank,the face of a church steeple, or the side of a freestanding sign) such that the highest point.of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. 12. Wireless Communication Facility or Facility. An antenna structure and any appurtbnant facilities or equipment that are used in connection with the provision of wireless communication service, including, but not limited to digital, cellular and radio service. D. Applicability. 1. All wireless communication facilities which are erected, located, or modified within the City of Huntington Beach on or following the effective date of section 230.96 shall comply with these guidelines, subject to the categorical exemptions under subparagraph (3) of this section, provided that: a. All facilities, for which applications were determined complete by the Planning Department prior to the effective date of this section;shall be exempt from these regulations and guidelines. b. All facilities for which Building and Safety issued building permits prior to the effective date of section 230.96 shall be exempt from these regulations and guidelines, unless and until such time as subparagraph(2) of this section applies. C. Any facility, which is subject to a previously approved and valid conditional use permit, may be modified within the scope of the applicable permit without complying with these regulations and guidelines. 2. All facilities for which building permits and any extension thereof have expired shall comply with the provisions of section 230:96. 3. The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section 230.80 (Antennae)for additional requirements. a. Any antenna structure that is one meter(39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to- home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, ord/02zone/chaps wireless7/23/02 7 Ord.No.3565 and any.interpretive decisions thereof issued by the Federal Communications Commission (FCC). b. Any antenna structure that is two meters (78.74 inches)or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna: c. Any antenna structure that is one meter(39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the antenna structure extends more than five (S) feet above the principle building on the same lot. d. Any antenna structure that is designed to receive radio broadcast transmission. e. Any antenna structure used by authorized amateur radio stations licensed by the FCC. E. Facility Standards. 1 Aesthetics: a. Facility: All screening used in conjunction with a wall or roof mounted facility shall be compatible with the architecture of the building or other structure to which it is mounted, including color, texture and materials. All ground mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. b. Equipment/Accessory Structures: All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a manner that complies with the development standards of the zoning district in which such equipment is located. Screening materials and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. If chain link is used,then it must be vinyl coated and not include_barbed wire. C. General Provisions: All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. 2. Building Codes: To ensure the structural integrity of wireless communication facilities, the owners of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. ord/02zone/chaps wireless7/23/02 8 Ord.No.3568 3. Conditions of Approval: Acceptance of conditions by the applicant and property owner shall be ensured by recordation of the conditions on the property title. 4. Federal Requirements: All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal.government with the authority to regulate wireless communication facilities.: 5. Interference: To eliminate interference the following provisions shall be required for all wireless communication facilities regardless of size: a. Prior to issuance of a building permit, the applicant must submit the following information to the Police Department for review: 1. All transmit and receive frequencies; 2. Effective Radiated Power (ERP); 3. Antenna height above ground; and • 4. Antenna pattern, both horizontal and vertical (E Plane and H Plane). b. At all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and ithe assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity.on the City's.800 MHz voice and . data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. C. Before activating its facility, the applicant shall submit to the Police and Fire Departments a post-installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange County Sheriff's Department or Division-approved contractor at the expense of the applicant shall conduct this test. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning"process has been met. d. The applicant shall provide to the Planning Department a single point of contact(including name and telephone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. ord/02zone/chaps wireless7/23/02 9 Ord.No.3568 e. The applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit,and shall be responsible_for the failure of any lessee or other users under the control of the applicant to comply. 6. Lighting:. All outside lighting shall be directed to prevent ".spillage" onto adjacent properties,unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. 7. Maintenance: All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti-graffiti coating. 8. Monitoring: For all wireless communication facilities, the applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. 9. Signs: The facility shall not bear any signs or advertising devices other than certification, warning, or other required seals of signage. F. Site Selection. For all wireless communication facilities, the applicant shall provide documentation that demonstrates the following: 1. Compatibility with the surrounding environment or architecturally integrated.into a structure. 2. Screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures as measured from beyond the boundaries of the site at eye level (six feet). 3. Massing and location of the proposed facility are consistent with surrounding structures and zoning districts. 4. No portion of a wireless communication facility shall project over property lines. G. Facilities in the Public Right-of-Way. Any wireless communication facility to be placed over, on or beneath the public right-of-way shall comply with the following standards: 1. Any wireless communication facilities to be constructed on or beneath the public right-of-way must have a franchise agreement with the City or the owner that has a wireless franchise agreement with the City,or the applicant must provide documentation demonstrating that the applicant is a state-franchised telephone corporation exempt from local franchise requirements. . . 2. All equipment associated with the operation of a facility, including but not limited to transmission cables, shall be placed underground in those portions of the street, sidewalks and public rights-of-way where cable television,telephone or electric ord/02zone/chaps wireless7/23/02 10 Ord.No.3568 lines are underground. At no time shall equipment be placed underground without appropriate conduit. 3. The City Engineer shall approve the location and method of construction of all facilities located within public rights-of-way. 4. All wireless communication facilities shall be subject to applicable City permit and inspection fees, including, but not limited to, those pertaining to encroachment permits and all applicable fees. 5. Any*ireless communication facility installed, used or maintained within the public rights-of-way shall be removed or relocated when made necessary by any "project." For purposes of this section, project shall mean any lawful change of grade, alignment or width of any public right-of-way, including but not limited to, the construction of any subway or viaduct that the City may initiate either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit, reimbursement agreement or generally applicable impact fee program. 6. Wireless communication facilities may be installed on existing utility poles, conduits and other facilities of a public utility, with the approval of the City Engineer, provided a franchise agreement exists allowing wireless installation. .7. Prior to the approval;of any required building permits or entitlements.(Conditional Use Permits, Variances, etc.) the applicant shall have a franchise agreement approved by the City Council. H. Facilities on Public Property. Any wireless communication facility to be placed over, on or beneath public property shall comply with the following standards: 1. Wireless communication facilities shall be installed in accordance with all applicable City codes and ordinances, including, but not limited to, standards for paving in the event that any undergrounding of utilities is required. 2. Any wireless communication facilities to be constructed on or beneath public property must have a lease agreement with the city. I. Additional Requirements. 1. Landscaping: Landscape planting, irrigation and hardscape improvements may be imposed depending on the location, the projected vehicular traffic,the impact on existing facilities and landscape areas, and the visibility of the proposed facility. Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning may be required. Public Works inspectors may require additional improvements during installation based on facility impacts. ord/02zone/chaps wireless7/23/02 11 Ord.No.3566 2. Utility Agreement: If the proposed facility will require electrical power or any other utility services to the site,the applicant will be required to furnish the City's Real Estate Services Manager,either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way, or a written statement from the utility company who will be supplying.tfie power.or other services;that they accept all responsibility for those . lines in the public right-of-way. J. Facility Removal. 1. Cessation of Operation: Within thirty(30)days of cessation of operations of any wireless communication facility approved under this section,the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned pursuant to the following sections unless: a. The City has determined that the operator has resumed operation of the wireless communication facility within six (6),months of the notice; or b. The City has received written notification of a transfer of wireless communication operators. 2. Abandonment: A facility that is inoperative or unused for a period of six (6) continuous months shall.be deemed abandoned. :Written notice_of the:City'S determination of abandonment shall be provided to the operator of the facility and the owners) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. 3. Removal of Abandoned Facility: The operator of the facility and the owner(s)of the property on which it is located,shall within thirty(30)days after notice of abandonment is given either(1)remove the facility and restore the premises,or (2)provide the Planning Department with written objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant.six-(6)month period and that it is presently operational. The Director shall review all evidence,determine whether: or not the facility was properly deemed abandoned, and provide the operator notice of its determination. 4. Removal by City: At any time after thirty-one(31)days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable,the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may,but shall not be required to, store the removed facility(or any part thereof). The owner of the premises upon which the abandoned facility ord/02zone/chaps wireless7M/02 12 Ord.No.3568 was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage,and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. SECTION 11. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of August , 2002. Mayor ATTEST: �y APPROVED AS TO FORM: City Clerk o8-2?• s ity Attorney REVIEWED AND APPROVED: INIT . TED AND.APPROVED: City Adffiinistrator IV Directo f Planning ord/02zone/chaps wireless7/23/02 13 Ord. No. 3568 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY.OF HUNTINGTON BEACH ). I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a re ular meeting thereof held on the 5th day of August,2002, and was again read to said City Council at a regular meeting thereof held on the 19th day of Aueust,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: . Dettloff,Boardman, Cook,.Houchen,Winchell,.Bauer NOES: None ABSENT: Green(out of room) ABSTAIN: None I,Connie Brockway,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on t.1/Irl�t 1..9 2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway.City Clerk of the City Council of the City i �'�asj..�.f�a-�enuty City Clerk of Huntington Beach, California URN ,t... L 1� 0�00 as 0-0= M6OrA. No. 7 ORDINANCE NO. 3542 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING ORDINANCE NO. 3287 RELATED TO THE DESIGNATION OF A FUTURE PARK SITE WITHIN THE . . ELLIS-GOLDENWEST SPECIFIC PLAN AREA WHEREAS,on July 5, 1995,the Huntington Beach City Council adopted Ordinance No. 3287,relating to the designation of a park site within the Ellis-Goldenwest Specific Plan area; and The City Council now wishes to repeal said Ordinance and remove the park site designation from the subject property; and NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Ordinance No. 3287 of the City of Hunt ington.Beach is hereby.repealed. SECTION 2. The Ellis-Goldenwest Specific Plan, Section III General Provisions, Subpart C Community Theme, is hereby amended to delete Subsection 6 thereto, entitled Neighborhood Park. SECTION 3. The Ellis-Goldenwest Specific Plan,Exhibit 8 Open Space Corridors and Trail System, is hereby amended to be replaced in its entirety by the new Exhibit 8 Open Space Corridors, Trail System, and Neighborhood Parks, as shown,.on the map attached hereto as Exhibit"A".and by this reference incorporated as though fully set forth herein. SECTION 4. The Director of Planning is hereby directed to amend the Ellis-Goldenwest i Specific Plan so as to reflect the changes contained in this ordinance, and on the map attached hereto as Exhibit 8 Open Space Corridors, Trail System and Neighborhood Parks. The Director of Planning is further directed to file the amended Specific Plan. A copy of such Specific Plan, as amended, shall be available for inspection in the Office of the City Clerk. 1 PDA:2002 ordinances:repeal ordinance 3287 Ord. No. 3542 SECTION 5. This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of April , 2002. Aayvor ATTEST: APPROVED AS TO FORM: City Clerk e4-23 az Cily Attorney °rney - Sl a L > REVIEWED AND APPROVED: IlVI LATE AND APPROVED: City Adm' 'strator Director of Planning 2 PDA:2002 ordinances:repeal ordinance 3287 Ord. No. 3542 Ex. A EXHIBIT A ELLIS AVENUE IL yU111111tt111ttt11t1 ltltt111.t I,11lt11111!lIII,I,II- R - ._' - 111111111111111f - `\�_ i.. t l l l l l 111 91 11 t 11 Q c - - stl � � •{ .4J W p p ;- O - w ----- ------� .— t - 1 Illlllllllrrtllll/IIIII r • - - I - - - ttllll,itll IIr111111(t 11„, It111 Irlllltli! IIII111111111(Iltr t11111i/1111(1(11111 t GARFI'ELD AVENUE . . Open_Space 1!1 t 1111 Equestrian Trail Open Space Corridors and Trail System Exhibit 8 Ord. No. 3542 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) .ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 4th day of March, 2002, and was again read to said City Council at a re ular meeting thereof held on the 15th day of April,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES; . Green,Dettloff, Bauer,Houchen,Boardman NOES: None ABSENT: None ABSTAIN: Cook(Recused), Winchell 1,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-o6cio Clerk of the City . Council,do hereby certify that a synopsis of this ordinance has been published in the independent on `� (S��►16i��iw�"" April ;LIF. .2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brackway,Citv Clerk of the City Council of the City &4�eyuty City Clerk of Huntington Beach, California oar fi '� ,e - s z�'r xh ORDINANCE NO. 3563 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SP 7 (ELLIS GOLDENWEST SPECIFIC PLAN) BY ADDING RELIGIOUS ASSEMBLY..AS A PERMITTED USE.AS WELL AS DEVELOPMENT STANDARDS FOR RELIGIOUS ASSEMBLY AND PUBLIC SCHOOL USES ' WHEREAS, pursuant to California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 02-04, which amends SP 7 (Ellis Goldenwest Specific Plan)by adding religious assembly as a permitted use and development standards for religious assembly and public school uses; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That SP7 (Ellis-Goldemvest Specific Plan) is hereby amended as noted in Exhibit A, Ellis-Goldenwest Specific Plan Amendments.—Legislative Draft,incorporated by reference and attached hereto. SECTION 2. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of July , 2002. ATTEST: City Clerk 47-08-a2 Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City AdnfKnistrator City Attorney INI A D AND APPROVED: ctor of P anning 02ord/zta 02-04;'5i15/02 Ord.No.3563 Ex.A Ord.No.3563 Ex.A LEGISLATIVE DRAFT (PROPOSED CHANGES ONLY) TO SP 7 (ELLIS-GOLDENWEST SPECIFIC PLAN) FOR ZONING TEXT AMENDMENT NO, 02-04 Ord.No.3563 Ex.A (InIsladve Draft EAis-Goldenwest SPedfle Plan) TABLE OF CONTENTS I. INTRODUCTION A. . PURPOSE B. GOALS AND OBJECTIVES C. PROJECT AREA DESCRIPTION II. APPLICATION PROCEDURES A. ENTITLEMENTS B. SPECIAL PERMITS III. GENERAL PROVISIONS A. PERMITTED USES B. CIRCULATION C. COMMUNITY THEME D. GRADING E. ENVIRONMENTAL CONCERNS F. HOMEOWNER'S ASSOCIATION W. ESTATE RESIDENTIAL DEVELOPMENT STANDARDS A. PROJECT AREA B. MAXIMUM DENSITY. C. ESTATE RESIDENTIAL SUBDIVISION D. ARCHITECTURAL FEATURES E. RESIDENTIAL EQUESTRIAN FACILITIES F. OIL ACTIVITIES G. CIVIC DISTRICT H. MISCELLANEOUS V. PUBLIC SCHOOL AND RELIGIOUS ASSEMBLY DEVELOPMENT STANDARDS A. APPLICATION B. LOT SIZE C. SITE COVERAGE . D. LOT.WIDTH AND FRONTAGE E. MAXIMUM BUILDING HEIGHT F. SETBACK REQUIREMENTS G. ARCHITECTURAL FEATURES H. PARKING REQUIREMENTS 1. . LANDSCAPING REQUIREMENTS V1. APPENDICES. A. DEVELOPMENT STANDARDS FOR EXISING SUBDIVISIONS; TRACTS 11473, 11805, 11760, 13036,AND 13210 B. DESIGN GUIDELINES Ellis-Goidenwest Specific Plan Revised May 2002 Ord.No.3563 Ex.A Ill. GENERAL PROVISIONS The Ellis-Goldenwest Specific Plan shall be subject to the definitions contained in the Huntington Beach Ordinance Code. The following general provisions shall apply to all development projects: A. PERMITTED USES 1. The following uses are permitted subject to.the approval of a Conditional Use Permit (and Tentative Tract Map for subdivisions)by the Planning Commission: a. Residential (1) Single family detached dwellings,one unit per lot. (Minimum 8,000 net square foot lot sic;minimum 15,000 net square feet for 20'/0 of the lots.) (2) Land subdivisions intended for lot sale programs. b. Oren Space/Recreation (1) Private recreation area for the exclusive use by members of a homeowners association group. (2) Private recreation area or uses.for exclusive use of homeowner(s). (3) Commercial equestrian facilities.subject to the commercial equestrian _ facility development standards contained in the Huntington Beach Ordinance Code. (4) A three to five acre neighborhood park within the quarter section,which may include equestrian orientation. C. General The following uses are permitted,subject to the approvals above,along arterial streets: (1) Public School (2) Religious Assembly 2. The following uses are permitted subject to the approval of a Conditional Use Permit by the Zoning Administrator. a. On-site equestrian facilities in conjunction with single-family dwellings. (Requires minimum 12,000 net square foot lot size.) Ellis-Goldenwest Specific Plan Revised March 2002 10 Ord.No.3563 Ex.A b. New oil wells and oil consolidation projects shall be permitted subject to applicable provisions of the Huntington Beach Municipal Code and Huntington Beach Ordinance Code. Ellis-Goldenwest Specific Plan Revised March 2002 10 Ord.No.3563 Ex.A V. PUBLIC SCHOOL AND RELIGIOUS ASSEMBLY DEVELOPMENT STANDARDS A. APPLICATION The following development standards shalt apply to public School and religious assembly uses within the Ellis-Goldenwest Specific flan Area. B. LOT SIZE No minimum or maximum standard C. SITE COVERAGE The maximum site coverage shall be fifty(50)percent of the net lot area for all structures. D. LOT WIDTH AND FRONTAGE The minimum lot frontage shalt be one hundred(100)feet. E. MA)OMUM BUILDING HEIGHT The maximum building height for main structures sball not exceed thirty (30)feet(maximum 35 feet to highest ridgellne)or two stories as defined in the Huntington Reach Zoning and Subdivision Ordinance. The maximum building height for accessory structures shall not exceed fifteen(15)feet. Additional height for towers,steeples,spires,etc. may be permitted per the City of Huntington Beach Zoning and Subdivision Ordinance. F. SETBACK REQUIREMENTS All stnwtures shah comply with the following minimum setbacks: 1. Front Yard. The ndnimum front yard setback shall be ten(10)feeL Building setback measurements shall be taken from the interior landscape easement line. . 2. Wd .X" The minimum side yard setback shall be twenty(20)feet. 3. RgW.YjML For lots up to 15AW square feet,the minimum rear yard setback shall be twenty-five(25)feet. For lots exceeding 15,000 square feet, the minimum rear yard setback shall be fifty(50)feet. G. ARCHITECTURAL FEATURES . Per Ellis-Goidenwest Specific Plan Estate Residential Development Standards. Ellis-Goidenwest Specific Plan Revised May 2002 30 Ord.No.3563 Ex.A H. PARKING REQUIREMENTS Parking shall be provided in accordance with the off-street parking standards of the Huntington Beach Zoning and Subdivision Ordinance. L LANDSCAPING REQUIREMENTS Landscaping shall be provided in accordance with the following requirements and standard: 1. Landscaping shall be in conformance with the Design Guidelines for the area. 2. All setback areas fronting on or visible from a street shall be landscaped and permanently maintained in an attractive manner. Such landscaping shall consist primarily of ground cover,trees, shrubs and other living plants. Plant materials shall be drought resistant. 3. Decorative design elements such as fountains,pools,benches, sculpture,planters and slndlar elements may be permitted provided such elements are incorporated as a part of the landscaping plan. 4. Permanent.automatic irrigation facilities shall be'provided in all landscaped areas. S. On-site trees shall be provided as follows: one(1)thirty-six(36)inch box tree per forty-five(45)feet of street frontage or fractioo thereof. Additional trees and shrubs shall also be planted to provide a well. balanced landscape development. 6. A distinctive landscape area shall be provided at the corners of arterials for enhanced landscape treatment subject to the requirements of the Design Guidelines. The area shall be greater than the general 25 foot perimeter setback and the perimeter fence shall have a 45 degree angle at the corner. 7. Landscaping for off-street parking shall be provided is accordance with the Huntington Beach Zoning and Subdivision Ordinance. i Ellis-Goldenwest Specific Plan Revised May 2002 31 Ord.No. 3563 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON.BEACH, ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of June,2002, and was again read to said City Council at a regular meeting thereof held on the 1st day of July,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Dettloff, Boardman,Houchen,Winchell,Bauer NOES: None ABSENT: None ABSTAIN: Cook ' I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on 2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway.City Clerk of the City Council of the City obeRuty City Clerk of Huntington Beach, California i x ".M. mr. Rgw: F � WERGLrNey ORDINANCE NO. 3596 AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE WIIER.EAS, on June 17, 2002, the Huntington Beach City Council adopted Ordinance No. 3562 revising Chapter 254 of the Huntington Beach Zoning and Subdivision Ordinance ("ZSO") which requires, as a condition of development approval, residential subdivisions to dedicate land or pay an in-lieu park fee. Such fees are levied pursuant to the authority of California Government Code Section 66477 (the "Quimby Act"). Among other things, the revisions to Chapter 2.54 adopted by City Council on June 17, 2002 require that the in-lieu park fee be calculated using a site- specific appraisal methodology; WHEREAS, pursuant to ZSO Section 230.20, development projects not otherwise subject to the Quimby Act are required to pay a park fee calculated pursuant to ZSO Chapter 254; WIIEkEAS,.tlie purpose of the fees levied on development projects pursuant to ZSO Chapters 230 and 254 is to provide funds necessary for the development and rehabilitation of City parks and recreational facilities that are required to assure the provision of park land and recreational facilities are available to serve new residential, commercial and industrial development projects at established City service levels standards within a reasonable period of time; WHEREAS, in light of the current status of the State budget, as well as declining City reserves and the unavailability of funds necessary to develop City parks and recreational facilities that are needed to serve new development, as a matter of public health welfare and safety, it is necessary to impose fees on new development as soon as possible to ensure that development projects pay all applicable fees as soon as possible; WHEREAS, because the City Council has already modified Chapter 254, it is also necessary to immediately revise Chapter 230 so that the collection of fees imposed on development projects is consistent with the intent of the City Council to impose fees on residential., commercial and industrial projects; NOW, THEREFORE, the City Council.of the City of Huntington Beach does hereby ordain as follows: The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 230.20 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 230.20 Payment of Park Fee As a condition of development approval, all new commercial and industrial development and all new residential development not covered by Chapter 254 of Title 25, Subdivision Ordinance, except d G ORDINANC\02 Zoning Ord\02"honing Ord\chap 230.20.docl 1/21/02 l for mobile home parks, shall pay a park fee. The fees shall be paid and calculated according to a schedule adopted by City Council resolution. SECTION 2. This ordinance shall become effective immediately. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular rneeting thereof held on the 16th day of December _, 2002. Mayor A`r'TEST: APPROVED AS TO FORM: 19 �14 pip 4."'i/Yi {�s �%i! � •"( '1 {.. ..\..... City Clerk s �' ! City AttorneyI ITZA 10 L. REVIEWED AND APPROVED: INITIATED AND APPROVED: City Adniinistrator Acti g irector o Co un' Services i GAORDINANC\02 Zoning Ord\02 Zoning Ord\chap 230.20.doc11/21/02 7 Emergency Ord. No. 3596 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-offcio Clerk of the City Council of said.City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a re ular meeting thereof held on the 16th day of December, 2002 and was passed and adopted by at least four-fifths (4/5) affirmative vote of said City Council. AYES: Green, Sullivan, Boardman, Cook, Houchen, Coerper, Hardy NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on 2002 i In accordance with the City Charter of said City City Clerk and ex-of ficio Cler Connie Brockway, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach., California 4 Oe b 315b RESOLUTION NO. 2002-129 (Repeals Res 6226) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO THE PAYMENT OF A PARK FEE PURSUANT TO SECTION 230.20 OF THE HUNTINGTON BEACH ZONING AND: SUBDIVISION ORDINANCE, WHEREAS, Section 230.20 of Chapter 230 of Title 23 of the City of Huntington Beach Zoning and Subdivision Ordinance ("City Zoning and Subdivision Code")requires all new commercial and industrial development and all new residential development not covered by Chapter 254 of Title 25, of the City Zoning and Subdivision Code, except for mobile home parks,to pay a park in-lieu fee in accordance with the requirements of Chapter 254 and calculated according to a schedule adopted by City Council resolution; and The City Council has reviewed a report dated December 2001 entitled"City of Huntington Beach Park Strategy and Fee Nexus Study" (hereinafter"Park Fee Study") and an addendum thereto dated September 25, 2002 (hereinafter"Addendum"), which evaluated the impacts of contemplated future development on existing park and recreational facilities within the City of Huntington Beach. The Park Fee Study and Addendum include an analysis of the need for new park and recreational facilities and improvements required by new development and sets forth the relationship between new development,the needed facilities, and the estimated costs of those.., improvements and The Park Fee Study and Addendum have been available for public inspection and review prior to consideration of this resolution by the City Council after a public hearing. THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY FIND,RESOLVE AND DETERMINE AS FOLLOWS: SECTION 1. Findings. After review of the Park Fee Study and Addendum,other staff reports, and the testimony and information received on this matter,the City Council makes the following findings: 1. That the purpose.of the fee to be paid pursuant to Secton 230.20.of Chapter 230 of Title.23 of the City Zoning and Subdivision Code ("Fee")is for the development and rehabiliation of the City's parks and recreational facilities in order to assure that the policies and standards for park, open space and recreational facilities contained in the City's General Plan and described in the Park Fee Study are met. 2. That additional park and recreational facilities will be needed to serve commercial, industrial and residential development within the City subject to Section 230.20 of the City's Zoning and Subdivision Ordinance in order to meet the policies and goals contained in the City's General Plan. I 3. That the Fee imposed as a condition of development approval in connection with the construction of new floor area for all commercial, industrial and residential G:RESOLUTM2002\in lieu park-clean.doc I development projects subject to Section 230.20 of the City Zoning and Subdivision Code, shall be used to develop and rehabilitate park and recreational facilities within the City to assure the provision of park land and recreational facilities needed to serve such development at established City service levels standards within a reasonable period of time. 4. That the Fee hereby imposed is reasonably related to the impacts of new residential, commercial and industrial development because, as determined by the Park Fee Study and the Addendum, future residents will benefit from appropriately planned, and constructed park and recreational facilities. The Fee is reasonably related to the impacts of development on the City's park land and recreational facilities because, and demonstrated by the Fee Study and the Addendum,the type of development subject to the Fee generates increased use of park and recreational facilities throughout the City which necessitates development and rehabiliation of the City's existing park and recreational facilties and acquisition of additional facilities. The Fee proceeds will be used to mitigate these impacts. 5. That there is a reasonable relationship between the amount of the Fee and the portion of the cost of needed park and recreational facilities and/or improvements attributable to new development in the City because the amount of the Fee is based upon the square footage of the proposed development. 6. The fees collected_pursuant to this Resolution shall.be transferred for deposit into a separate fund from any-fees or revenues of the city and all such funds shall be . accounted for. The account shall be an interest bearing account and all interest received shall be credited to such account and used solely for purposes of that account. The City shall commit or expend park fees deposited to the account within five years from the date of deposit. SECTION 2. Definitions. For the purposes_ of this Chapter,the following terms shall be defined as follows: (a) "New development" shall mean the construction of new floor area for a residential, commercial or industrial project; (b) "Commercial or Industrial Development Project" shall.mean the construction of New Floor area on a lot in any non-residential zoning district of the City; (c) "Floor Area"shall mean the area of all floors.and levels as defined in the Huntington Beach Building Code; I (d) "Residential Development Project"shall mean the construction of new Floor Area on a lot in any residential zoning district of the City. SECTION 3. Fee. For new residential development, the Park Fee shall be equal to $0.86 per square foot. For each new commercial development, the fee shall be$ 0.23 per square foot. For each new industrial development,the fee shall be$ 0.23 per square foot. GARESOLUTWOOZin lieu park-clean.doc 2 SECTION 4. Payment of Fee. The Park Fee shall be charged upon issuance of any Building Permit. A Park Fee imposed on new commercial or industrial development shall be paid upon issuance of a Building Permit. A Park Fee imposed on new residential development shall be paid prior to the final inspection. SECTION 5. Use of Fee. All fees collected pursuant to Section 230.20 of the City Zoning and Subdivision Code shall be used to finance the park and recreational facilities and.improvements identified in the"Park Development and Rehabilitation Capital Improvement Plan" as adopted by the City Council on an annual basis. SECTION 6. Exemptions. The following development shall be exempt from the payment of fees pursuant to this Section: 1. Development of real property into housing units that are either rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the"affordable housing cost" as defined in Section 50052.5 of the California Health and Safety Code when provided to a"lower income household" as defined in Section 50079.5 of the California Health and Safety Code or"very low income household" as defined in Section 50105 of the California Health and Safety Code, and provided that the applicant executes an agreement, in the form of a deed restiction, second trust deed,or other legally binding and enforceable document acceptable to the City Attorney and binding on the owner and any successor-m- interest to.the real property being developed, guaranteeing that all of the units developed on the real property shall be maintained for lower and very.low income . households whether as units for rent or for sale or transfer, for the lesser of a period of thirty years or the actual life or existence of the structure, including any addition, renovation or remodeling thereto. 2. Reconstruction of any residential, commercial, or industrial development project tht is damaged or destroyed as a result of a natural disaster, as declared by the Governor. Any reconstruction of real property, or portion thereof, which is not substantially equivalent to the damaged or destroyed property, shall be deemed to be new construction and only that portion which exceeds substantially equivalent construction to be assesed a fee. SECTION 7. California Environmental Ouality Act. The City.Council hereby finds that the adoption of this Resolution is exempt from the California Environmental Quality Act("CEQX) under Section 15273(a)(4)of the California Code of Regulations, commonly known as the CEQA Guidelines. The City Council finds that this exemption applies because there is no reasonable possibility that the modification of the parkland in-lieu fee could negatively affect the physical environment.. To the contrary,the Fees will be collected to mitigate the environmental impacts of new development on the City's park and recreational facilities. Any environmental impacts associated with specific projects that may be undertaken with Fee proceeds will be assessed as each project is formulated. The City Council also hereby finds that the adoption of this Resolution is exempt from CEQA pursuant to the Supplemental Environmental Categorical Exemptions adopted the City Council pursuant to Resolution No. 4501, which provides that minor amendments to zoning ordinances that do not change the development standards intensity or density are exempt as a Class XX exemption. GARESOLUTNUOMin lieu part:-clean.doc 3 SECTION 8. Effective Date. This Resolution shall take effect immediately. SECTION 9. Resolution No. 6226 is hereby repealed. SECTION 10. The Park'Fee Study and the Addendum are hereby approved and.adopted.. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of December , 2002. ATTEST: a �.�, City Clerk Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Adnfinistrator Cite Att INITIATED.AND APPROVED: "Dir to Community S ices GARESOLUTN\2002Mn lieu park:-clean.doc 4 Res. No. 2002-129 STATE OF CALIFORNIA COUNTY OF.ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 16th day of December 2002 by the following vote: AYES: Green, Sullivan, Boardman, Cook, Houchen', Hardy, Houchen NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio Cl Ark of the. City Council of the City of Huntington Beach, California �- ®d*as _ �- r .K � � z� - �, y�`-. �� fix, "4i,�*;�� .�a.� a �`���'�' �r�"'�� � _' �a � �.� s dr.„ � � 'g` .:� � e �' � � � �„�« :'� - _ � � �ir' .: �*s "P`E' ..� ek ..�� .y;- -�, -"_ --�,ts,'.F�S i,. '..�7� s x�- � �*s",,3� `tee..._ '�3 r , ORDINANCE NO. 3594 AN EMERGENCY INTERIM ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE WHEREAS, on June 17, 2002, the Huntington Beach City Council adopted Ordinance No. 3562 revising Chapter 254 of the Huntington Beach Zoning and Subdivision Ordinance ("ZSO") which requires, as a condition of development approval,residential subdivisions to dedicate land or pay an in-lieu park fee. Such fees are levied pursuant to the authority of California Government Code Section 66477(the"Quimby Act"). Among other things,the revisions to Chapter 254 adopted by City Council on June 17, 2002 require that the in-lieu park fee be calculated using a site- specific appraisal methodology; WHEREAS,pursuant to ZSO Section 230.20, development projects not otherwise subject to the Quimby Act are required to pay a park fee calculated pursuant to ZSO Chapter 254; WHEREAS,the purpose of the fees levied on development projects pursuant to ZSO Chapters 230 and 254 is to provide funds necessary for the development and rehabilitation of City parks and recreational facilities that are required to assure the provision of park land and recreational facilities.are available to serve new residential, commercial and industrial development projects at established City service levels standards within a reasonable period of time; WHEREAS, in light of the current status of the State budget, as well as declining City reserves and the unavailability of funds necessary to develop City parks and recreational facilities that are needed to serve new development, as a matter of public health welfare and safety, it is necessary to impose fees on new development as soon as possible to ensure that development projects pay all applicable fees as soon as possible; WHEREAS,because the City Council has already modified Chapter 254,it is also necessary to immediately revise Chapter 230 so that the collection of fees imposed on development projects is consistent with the intent of the City Council to impose fees on residential, commercial and industrial projects; NOW,.THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 230.20 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 230.20 Payment of Park Fee i As a condition of development approval, all new commercial and industrial development and all new residential development not covered by Chapter 254 of Title 25, Subdivision Ordinance,except GAORDINANC\02 Zoning Ord\02 Zoning Ord\chap 230.20.doc11/15/02 1 Ord. No. 3594 for mobile home parks, shall pay a park fee. The fees shall be paid and calculated according to a schedule adopted by City Council resolution. SECTION 2.. This ordinance shall become effective immediately. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of November , 2002. 14J Mayor ATTEST: APPROVED AS TO FORM: �� City Clerk City Attorney t1w (! REVIEWED AND APPROVED: INITIATED AND APPROVED: City Adnffistrator tin Director of Co unity Services i I i GAORDINANC\02 Zoning Ord\02 Zoning Ord\chap 230.20.doc11/14/02 2 Interim Emergency Ord. No. 3594 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 18th day of November, 2002 and was passed and adopted by at least four-fifths (4/5) affirmative vote of said City Council. AYES:. Green, Dettloff, Boardman,Cook,Houchen, Winchell,.Bauer NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex=officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on December 5, ,2002 In accordance with the City Charter of said City City Clerk and.eX-offlclo Clerk Connie Brockway, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California r � RESOLUTION NO. 2002-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO THE PAYMENT OF A PARK FEE PURSUANT TO SECTION 230.20 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE WHEREAS, Section 230.20 of Chapter 230 of Title 23 of the City of Huntington Beach Zoning and Subdivision Ordinance ("City Zoning and Subdivision Code")requires all new commercial and industrial development and all new residential development not covered by Chapter 254 of Title 25, of the City Zoning and Subdivision Code,except for mobile home parks,to pay a park in-lieu fee in accordance with the requirements of Chapter 254 and calculated according to a schedule adopted by City Council resolution; and The City Council has reviewed a report dated December 2001 entitled"City of Huntington Beach Park Strategy and Fee Nexus Study"(hereinafter"Park Fee Study") and an addendum thereto dated September 25, 2002 (hereinafter"Addendum"), which evaluated the impacts of contemplated future development on existing park and recreational facilities within the City of Huntington Beach. The Park Fee Study and Addendum include an analysis of the need for new park and recreational facilities and improvements required by new development and sets forth the relationship.between new development,the needed facilities, and the estimated costs of those improvements; and The Park Fee Study and Addendum have been available for public inspection and review prior to consideration of this resolution by the City Council after a public hearing. THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY FIND, RESOLVE AND DETERMINE AS FOLLOWS: SECTION 1. Findings. After review of the Park Fee Study and Addendum, other staff reports, and the testimony and information received on this matter,the City Council makes the following findings: 1. That the purpose of the fee to be.paid pursuant to Secton 230.20 of Chapter 230 of Title 23 of the City Zoning and Subdivision Code("Fee") is for the development and rehabiliation of the City's parks and recreational facilities in order to assure that the policies and standards for park, open space and recreational facilities contained in the City's General Plan and described in the Park Fee Study are met. 2. That additional park and recreational facilities will be needed to serve commercial,' industrial and residential development within the City-subject to Section 230.20 of the City's Zoning and Subdivision Ordinance in order to meet the policies and goals contained in the City's General Plan. 3. That the Fee imposed as a condition of development approval in connection with the construction of new floor area for all commercial, industrial and residential GARESOLUTNUOMin lieu park-clean.doc 1 Res.No. 2002-121 development projects subject to Section 230.20 of the City Zoning and Subdivision Code, shall be used to develop and rehabilitate park and recreational facilities within the City to assure the provision of park land and recreational facilities needed to serve such development at established City service levels standards within a reasonable period of time. 4. That the Fee hereby imposed is reasonably related to the impacts of new residential, commercial and industrial development because, as determined by the Park Fee Study and the Addendum, future residents will benefit from appropriately planned, and constructed park and recreational facilities. The Fee is reasonably related to the impacts of development on the City's park land and recreational facilities because, and demonstrated by the Fee Study and the Addendum,the type of development subject to the Fee generates increased use of park and recreational facilities throughout the City which necessitates development and rehabiliation of the City's existing park and recreational facilties and acquisition of additional facilities. The Fee proceeds will be used to mitigate these impacts. 5. That there is a reasonable relationship between the amount of the Fee and the portion of the cost of needed park and recreational facilities and/or improvements . attributable to new development in the City because the amount of the Fee is based upon the square footage of the proposed development. 6. The fees collected pursuant to this Resolution shall be transferred for deposit into a separate fund from any fees or revenues of the city and all such funds shall be accounted for. The account shall be an interest bearing account and all interest received shall be credited to such account and used solely for purposes of that account. The City shall commit or expend park fees deposited to the account within five years from the date of deposit. SECTION 2. Definitions. For the purposes of this Chapter,the following terms shall be defined as follows: (a) "New development" shall mean the construction of new floor area for a residential, commercial or industrial project; (b) "Commercial or Industrial Development Project"shall mean the construction of New Floor area on a lot in any non-residential zoning district of the City; (c) "Floor Area"shall mean the area of all floors and levels as defined in the Huntington Beach Building Code; (d) "Residential Development Project"shall mean the construction of new Floor Area on a lot in any residential zoning district of the City. SECTION 3. Fee. For new residential development,the Park Fee shall be equal to $0.86 per square foot. For each new commercial development,the fee shall be $ 0.23 per square foot. For each new industrial development, the fee shall be$ 0.23 per square foot. GARESOLUTM002\in lieu park-clean.doc 2 Res.No. 2002-121 SECTION 4. Payment of Fee. The Park Fee shall be charged upon issuance of any Building Permit. A Park Fee imposed on new commercial or industrial development shall be paid upon issuance of a Building Permit. A Park Fee imposed on new residential development shall be paid prior to the final inspection. SECTION 5. Use of Fee. All fees collected pursuant to Section 230.20 of the City Zoning and Subdivision Code shall be used to finance the park and recreational facilities and improvements identified in the"Park Development and Rehabilitation Capital Improvement Plan"as adopted by the City Council on an annual basis. SECTION 6. Exemptions. The following development shall be exempt from the payment of fees pursuant to this Section: l. Development of real property into housing units that are either rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the"affordable housing cost" as defined in Section 50052.5 of the California Health and Safety Code when provided to a"lower income household" as defined in Section 50079.5 of the California Health and Safety Code or"very low income household"as defined in Section 50105 of the California Health and Safety Code, and provided that the applicant executes an agreement, in the form of a deed restiction, second trust deed, or other legally binding and enforceable document acceptable to the City Attorney and binding on the owner and any successor-in- interest to the real property being developed, guaranteeing that all of the units developed on the real property shall be maintained for lower and very low income households whether as units for rent or for sale or transfer, for the lesser of a period. of thirty years or the actual life or existence of the structure, including any addition, renovation or remodeling thereto. 2. Reconstruction of any residential, commercial, or industrial development project tht is damaged or destroyed as a result of a natural disaster, as declared by the Governor. Any reconstruction of real property, or portion thereof,which is not substantially equivalent to the damaged or destroyed property, shall be deemed to be new construction and only that portion which exceeds substantially equivalent construction to be assesed a fee. SECTION 7. California Environmental Quality Act. The City Council hereby finds that the adoption of this Resolution is exempt from the California Environmental Quality Act("CEQA'.') under Section 15273(a)(4) of the California Code of Regulations,commonly known as the CEQA Guidelines. The City Council finds that this exemption applies because there is no reasonable possibility that the modification of the parkland in-lieu fee could negatively affect the physical environment. To the contrary,the Fees will be collected to mitigate the environmental impacts of new development on the City's park and recreational facilities. Any environmental impacts associated with specific projects that may be undertaken with Fee proceeds will be assessed as each project is formulated. The City Council also hereby finds that the adoption of this Resolution is exempt from CEQA pursuant to the Supplemental Environmental Categorical Exemptions adopted the City Council pursuant to Resolution No. 4501,which provides that minor amendments to zoning ordinances that do not change the development standards intensity or density are exempt as a Class XX exemption. GAUSOLUTN\2002\in lieu park-clean.doc 3 Res.No. 2002-121 SECTION 8. Effective Date. This Resolution shall take effect immediately. SECTION 9. Resolution No. 6226 is hereby repealed. SECTION 10. The Park Fee Study and the Addendum are hereby approved and adopted. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of November , 2002. ATTEST: dx� City Clerk Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: s A4 City Adminisdator City Attorney/ /3/a z t ( OV INITIATED AND APPROVED: . Ac- /w irec or of Community Se es V GARESOLUTM002Mn lieu park-clean.doc 4 Res. No. 2002-121 STATE OF CALIFORNIA COUNTY OF.ORANGE ) .ss: . ..CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 18th day of November, 2002 by the following vote: AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: None ABSTAIN: None I City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California A -M E TTACIH- SUMMARY LCPA 03-1 MINOR AMENDMENT 1'. ZONING MAP AMENDMENT NO. 99-3: This application rezoned properties that are not located within the coastal zone: Subarea A—from Medium Density Residential to Public-Semipublic (2721 Delaware Street), Subarea B—from Low Density Residential to Public-Semipublic (8702 Atlanta Avenue), and Subarea E— from Medium High Density Residential to Public-Semipublic (9812 Hamilton Avenue). 2'. ZONING MAP AMENDMENT NO. 01-2: This application rezoned the property at 2134 Main Street from Medium Density Residential with an Oil Overlay to Public- Semipublic. The property is not located within the coastal zone. 3'. ZONING MAP AMENDMENT NO. 01-3: This application rezoned properties that are not located within the coastal zone: Subarea A—from Medium Density Residential with an Oil Overlay to Open Space—Park and Recreation (2309 Delaware Street), Subarea B —from Medium Density Residential to Public- Semipublic (19191 17th Street), and Subarea C—from Limited Industrial to Public Semipublic (19001 Huntington Street). 4. ZONING TEXT AMENDMENT NO. 01-2: This application amends Section 254.08 of the Zoning and Subdivision Ordinance (ZSO) in reference to parkland dedication and in-lieu fees. The amendment included additional language addressing use of fees, method for calculating fees, providing 100% land value park in-lieu fees, off-site requirements, and appeal process. 5. ZONING TEXT AMENDMENT NO. 01-4: This application amends thirteen chapters within the Zoning and Subdivision Ordinance and three sections of the Downtown Specific Plan, codified certain Planning Department policies and clarified sections of the existing codes for streamlining purposes. The amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by right or having a lower level of discretionary body review the entitlement. 6. ZONING TEXT AMENDMENT NO. 01-7: This application amends Section 245.32 of the Zoning and Subdivision Ordinance (ZSO) by clarifying the appeal Any zoning map amendment affecting property in one of the District Maps(Zoning Maps)in the Local Coastal Program(LCP)Implementing Ordinances must be forwarded to the Coastal Commission even if the property is not in the Coastal Zone. Only those District Maps that include property within the Coastal Zone are included in the LCP. procedures for coastal development permits located in the appealable areas of the Coastal Zone. 7. ZONING TEXT AMENDMENT NO. 01-9: This application amends Section 211.04 of the Zoning and Subdivision Ordinance by deleting provision (A) which limits public-semipublic uses in Commercial Districts to sites less than two areas, and adding a provision which states that the requirements that public-semipublic uses on sites two acres or greater must be zoned PS (Public-Semipublic) does not apply to Commercial Districts. 8. ZONING TEXT AMENDMENT NO. 02-1: This application amends Chapter 230 of the Zoning and Subdivision Ordinance by establishing wireless communication facility development regulations. The request also amended various sections of the Zoning and Subdivision Ordinance as it pertains to definitions and permitting districts. 9. ZONING TEXT AMENDMENT NO. 02-3: This application amends Specific Plan No. 7 (Ellis—Goldenwest Specific Plan) by repealing Ordinance No. 3287. The repeal of the Ordinance removed the neighborhood park site designation from Tract 306 within the Specific Plan area. 10. ZONING TEXT AMENDMENT NO. 02-4: This application amends Specific Plan No. 7 (Ellis—Goldenwest Specific Plan) by adding religious assembly as a permitted use as well as development standards for said use. 11. ZONING TEXT AMENDMENT NO. 02-5: This application was an emergency ordinance to amend Section 230.20 of the Zoning and Subdivision Ordinance to establish a Park Fee to be imposed on the construction of new floor area for all commercial and industrial development and all residential development not covered by Section 254.08 of the Zoning and Subdivision Ordinance. 12. GENERAL PLAN AMENDMENT NO. 02-2 AND LOCAL COASTAL PROGRAM AMENDMENT NO. 02-2: This application deletes a segment of Orange Avenue between Goldenwest Street and Palm Avenue from Figure CE-13 in the Circulation and Coastal Elements of the General Plan. I