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HomeMy WebLinkAboutCode Amendment 93-5/B - Carts and Kiosks - Ordinance 3248 - Council/Agency Meeting Held: Deferred/Continued to: XApproved ❑ Conditionally Approved ❑ Denied City Clerk's Signafure Council Meeting Date: May 1, 1995 Department ID Number: CD 95-23 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administratov` Z PREPARED BY: Melanie S. Fallon, Community Development Directo —�� SUBJECT: ORDINANCE NO. 3248/ CODE AMENDMENT NO. 93-5/B t-n (CARTS AND KIOSKS) Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Att ent(s Statement of Issue: Transmitted for your consideration is Ordinance No. 3248 which amends the Huntington Beach Municipal Code and Downtown Specific Plan by adding provisions to regulate carts and kiosks on private property. These provisions will apply to commercial properties citywide, including the downtown area. On November 21, 1994, the City Council approved Code Amendment No. 93-513 and directed staff to prepare an ordinance reflecting changes made by. the City Council at that meeting. This ordinance reflects these changes. Fundinq Source: Not applicable Recommended Action: Motion to: "Adopt Ordinance No. 3248." Alternative Action(s): Motion to: "Continue Ordinance No. 3248 and direct staff to amend accordingly." LI� f' Note: Visitor-serving commercial uses must be a part of all development proposals in this District, with a minimum requirement that the entire street level be devoted to Visitor-Serving Commercial Uses. SECTION 7. Section 4.11.01(a) of the Downtown Specific Plan is hereby amended to read as follows: 4.11.01 Permitted Uses. (a) The following list of commercial recreation uses in District No. 9 may be allowed. Other related uses not specified herein may be allowed subject to the approval of the Director. A change of use shall be subject to the approval of the Director. For example: • Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code • Retail sales • Tourist related uses • Outdoor dining pursuant to S.4.2.32 SECTION & Section 4.12.01(a) of the Downtown Specific Plan is hereby amended to read as follows: 4.12.01 Permitted Uses. (a) The following list of pier related commercial uses in District No. 10 may be allowed. Other related uses not specified herein may be allowed subject to the approval of the Director. A change of use shall be subject to the approval of the Director. For example: • Bait and tackle shops • Beach rentals • Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code • Retail sales (beach related) • Outdoor dining pursuant to S.4.2.32 SECTION 9. Chapter 203 of the Huntington Beach Municipal Code is hereby amended by adding new definitions thereto to read as follows: Cart/Kiosk: Any portable, non motorized unit used by a vendor. Private Property: Property owned in fee by an individual, corporation, partnership, or a group of individuals as opposed to public property. 7 4\Ord:Carts227\3/3/95 RLS 95-069 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. Specific Event: A short term temporary use of public property as defined in Section 5.68.010. SECTION 10. Section 211.04 of the Huntington Beach Municipal Code, entitled "CO, CG and CV Districts: Land Use Controls," is hereby amended to add new subpart (U)to the list of Additional Provisions, to read as follows: (U) See Section 230.94: Carts and Kiosks SECTION 11. Section 211.04 of the Huntington Beach Municipal Code, entitled "CO, CG and CV Districts: Land Use Controls," is hereby amended to add Additional Provision (U)to the list of land use controls required for Retail Sales, as follows: CO CG CV Additional Provisions Retail Sales - P P (U) SECTION 12. Title 23 of the Huntington Beach Municipal Code is hereby amended to add new Section 230.94 to read as follows: 230.94 Carts and Kiosks. Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to conditional use permit approval by the Zoning Administrator and compliance with this section. Carts and Kiosks may be permitted as a temporary use on public property subject to Specific Event approval pursuant to Chapter 5.68. A. LOCATION AND DESIGN CRITERIA Cart and Kiosk uses shall conform to the following: 1. No portion of a cart or kiosk shall overhang the property line. 2. The cart or kiosk shall not obstruct access to a parked vehicle, impede the delivery of materials to an adjoining property, interfere with access to an adjoining property or interfere with maintenance or use of street furniture. 8 4\Ord:Carts227\3/3/95 RLS 95-069 a • 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 by the Zoning Administrator. B. FACTORS TO CONSIDER The Zoning Administrator shall consider the following factors 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. 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 establishment of the use. 4. All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply. 9 4\ord:Carts227\3/3/95 RLS 95-069 5. The prices of items sold from a cart or kiosk must appear in a prominent, visible location in legible characters. The price list size and location shall be reviewed and approved by the Zoning Administrator. 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 persons at any one time. S. 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 Zoning Administrator for disposal of business related wastes. D. PARKING Additional parking may be required for cart or kiosk uses by the Zoning Administrator. E. REVIEW; REVOCATION The Community Development Department shall conduct a review of the cart or kiosk operation at the end of the first six month period of operation. At that time, if there has been a violation of the terms and conditions of this section or the conditional use permit, a public hearing shall be scheduled before the Zoning Administrator for revocation pursuant to Sections 241.16 and 249.06. SECTION 13. Enforcement hereof shall be by the Community Development Director or his/her designated agent. 10 4\Ord:Carts227\3/3/95 RLS 95-069 r 0 SECTION 14. Any existing cart or kiosk use that has been established without prior conditional use permit approval shall obtain a conditional use permit and, if applicable, a license agreement within 90 days following the effective date of this ordinance. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15thday of May , 1995. oe GG �, �07;7 Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney F Z 7 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Commu ' y Development 11 4\Ord:Carts227\3/3/95 RLS 95-069 Ord. No. 3248 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 an regular meeting thereof held on the 1 st of Mqy, 1995, and was again read to said City Council at a regular meeting thereof held on the 15th of May, 1995, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Councilmembers: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Councilmembers: None ABSENT: Councilmembers: None I, �%.nnie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Co!:ncil, do hereby certify that a synopsis of this ordinance has been published in the Daiiji Pilot on City Clerk and ex-officio Clerk 19 of the City Council of the City In accordance with the City Charter of Said City. of Huntington Beach, California Connie Brookway City Clerk Dep6,iy City '-rk G/kw/indexes/ordbkpg 5/16/95 C. Exceptions. Notwithstanding the provisions of subsections (A) and (B) above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted: 1. Nurseries, provided outdoor storage and display is limited to plants, new garden equipment and containers only; and 2. Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be limited to vehicles, boats, or equipment offered for sale or rent only. D. Screening. Outdoor storage and display areas for rental equipment and building and landscaping materials shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. 230.76 Screening of Mechanical Equipment A. General Requirement. Except as provided in subsection (B) below, all exterior mechanical equipment, except solar collectors and operating mechanical equipment in an I District located more than 100 feet from another zoning district boundary, shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers. Screening of the top of equipment may be required by the Director, if necessary to protect views from an R or OS district. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. B. Utility Meters and Backflow Prevention Devices. Utility meters shall be screened from view from public rights-of-way. Electrical transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall not be located in the front yard setback and shall be screened from view. C. Screening Specifications. A mechanical equipment plan shall be submitted to the Director to ensure that the mechanical equipment is not visible from a street or adjoining lot. 230.78 Refuse Storage Areas A. Refuse storage area screened on three sides by a 6-foot masonry wall and equipped with a gate, or located within a building, shall be provided prior to occupancy for all multifamily residential, commercial, industrial, and public/semipublic uses. Locations, horizontal dimensions, and general design parameter of refuse storage areas shall be as prescribed by the Director, subject to appeal to the Planning Commission. The trash area shall not face a street or be located in a required setback. The design and materials used in such trash enclosures shall harmonize with the main structure. Chapter 230 230-33 10/3/94 4\s:C:MC230308\3/8/9 5 0 0 230.80 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 a 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. 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 anenna 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 does not exceed 6 feet in height. No antenna shall be located in a required front yard. When roof-mounted, the antenna shall be located on the rear one-half of the roof. 3. Maximum Height: 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 antenna is located, if roof-mounted. 4. Maximum Dimension: The maximum diameter 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. 5. Screening: The structural base of a satellite antenna, including all bracing and appurtenances, but excluding the 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. Undergrounding: All wires and/or cables necessary for operation of the 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. 7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall be permitted. 8. Exception. Requests for installation of 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 Chapter 230 230-34 10/3/94 4\s:C:MC230308\3/8/95 • i necessary for the reception of usable satellite signals. Applications shall be approved upon finding that the aesthetic value and scenic quality of the City is preserved, pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 241. 230.82 Performance Standards For All Uses A. Applicability and Compliance. The development standards set forth in this section apply to every use classification in every zoning district unless otherwise specifically provided. The Director may require evidence of ability to comply with development standards before issuing an entitlement. B. Air Contaminants. Every use must comply with rules, regulations and standards of the South Coast Air Quality Management District (SCAQMD). An applicant for a zoning permit or a use, activity, or process requiring SCAQMD approval of a permit to construct must file a copy of the SCAQMD permit with the Director. An applicant for a use, activity, or process that requires SCAQMD approval of a permit to operate must file a copy of such permit with the Director within 30 days of its approval. C. Storage On Vacant Lot. A person may not store, park, place, or allow to remain in any part of a vacant lot any unsightly object. This does not apply to building materials or equipment for use on the site during the time a valid building permit is in effect for construction on the premises. 230.84 Dedication and Improvements A. Dedication Required. Prior to issuance of a building permit, or prior to the use of land for any purpose, all real property shall be dedicated or irrecovably offered for dedication which the City requires for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, all streets and alleys shall be improved, or an agreement entered into for such improvements including access rights and abutters' rights, drainage, public utility easements, and other easements. B. Exceptions. Dedication shall not be required prior to issuance of a building permit for: 1. Interior building alterations which do not exceed a third of the value of a building, as defined in the Uniform Building Code, and which effect no change of occupancy. 2. Exterior building alterations or additions for a residential use which do not exceed a third of the value of the building, as defined in the Uniform Building Code, and add no additional residential units. 3. Fences and walls. 4. Temporary uses, as specified in this code. 5. Horticultural Uses. The dedication herein required may be reviewed at the time of entitlement. Upon request by the applicant, a temporary Chapter 230 230-35 10/3/94 4\s:C:MC230308\3/8/95 postponement, not to exceed one (1)year, may be granted, upon consideration of the following criteria. a. Type of horticultural use proposed. b. Duration (temporary or permanent). C. Vehicular access, and effect of theproposed use on traffic in the vicinity of the site. d. Relationship between the proposed requirements and an anticipated expanded use. e. Dedication shall not be required for any purpose not reasonably related to such horticultural use. C. Dedication Determinants. Right-of-way dedication width shall be determined by either of the following: 1. Department of Public Works standard plans; or 2. A precise plan of street, highway or alley alignment. D. Improvements. I. No building permit shall be issued by the Building Division until an application for permit has been filed, street improvements plans and specifications have been submitted for plan check, and all fees, established by resolution of the City Council, have been paid. The Building Division shall issue such building permit after determining that the work described in the application and the accompanying plans conforms to requirements of the Huntington Beach Building Code and other pertinent laws and ordinances. 2. The Building Division shall make a frame inspection, as required by the Huntington Beach Building Code, at which time all off-site improvements, including curbs, gutters, and street paving, shall be completed. 3. Improvements required by this code may be deferred in the following instances and upon adherence to the following requirements and regulations: a. Where the grade of the abutting right-of-way has not been established prior to the time when on-site structures quality for final release for occupancy. b. Where a drainage system would be delayed by the installation of improvements. C. Where an agreement is entered into with the City to install improvements by a late date certain, said agreement shall be secured by a bond or deposit equal to 150 percent of the City's estimate Chapter 230 230-36 10/3/94 4\s:C:MC230308\3/8/95 (including inflation estimates) of the required improvements. Such bond or cash shall be deposited with the City Treasurer. d. Where the developer has agreed with the City in writing that the deposit regired by such section (3) of this section may be used by the City after an agreed upon time to complete the required improvements, the remainder of such deposit, if any, shall be returned to th developer upon completion of such improvements by the City. e. The Director of Public Works is authorized to receive applications from persons desiring waivers of street improvement requirements and to enter into the necessary written agreements with such applicants. A non-refundable fee set by resolution of the City Council shall accompany such application. 4. Where construction is limited to one lot and the erection of a detached single-family dwelling thereon, street improvements shall include curb, gutter, sidewalk, street trees, street lights, sewer and water remain extensions, and ten (10) feet of street paving to meet Department of Public Works standards. Where necessary, temporary paving shall be installed to join existing street improvements. 230.86 Seasonal Sales A temporary sales facility for the sale of seasonal products including Christmas trees, Halloween pumpkins, or a single, season agricultural product not grown on site are permitted adjacent to any arterial highway in any district and on all church or school sites as a temporary use approved by the Director and in compliance with the following: A. Time Limit. 1. A Christmas tree sales facility shall not be open for business during any calendar year prior to Thanksgiving. 2. A Halloween pumpkin sales facility shall not be open for business during any calendar year prior to October 1. 3. A single agricultural product sales facility shall be approved for a period of time not to exceed 90 days. B. Merchandise to be Sold. A permitted Christmas tree or Halloween pumpkin sales facility may not sell items not directly associated with that season. Only one single, season agricultural product may be sold at any one time. C. Site Standards. 1. Storage and display of products shall be set back not less than ten (10) feet from edge of street pavement, and shall not encroach into the public right-of-way. 2. A minimum of ten (10) off-street parking spaces shall be provided. Chapter 230 230-37 10/3/94 4\s:C:MC2303 08\3/8/95 3. Ingress and egress to the site shall be reviewed by the Department of Public Works to insure that no undue traffic safety hazard will be created. 4. Temporary structures shall comply with Building Division standards. 5. Electrical permit shall be obtained if the facility is to be energized. 6. The facility shall comply with fire prevention standards as approved and enforced by the Fire Chief. D. Bond Required. Prior to issuance of a business license and approval by the Director, a five hundred dollar ($500) cash bond shall be posted with the City to ensure removal of any structure, clean up of the site upon termination of the temporary use, and to guarantee maintenance of the property. A bond shall not be required for a seasonal sales facility operated in conjunction with a use on the same site. E. Removal of facility. The seasonal sales facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment within ten calendar days of Halloween, Christmas, or the expiration of the time limit for single season agricultural product. 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B and C are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as specified. 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. 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. 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 Chapter. 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. 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 Chapter 230 230-38 10/3/94 4\s:C:MC230308\3/8/95 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 may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. b. Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two (2) ft. or less or protects a cut below the existing grade, such retaining wall may be topped with a six (6) ft. decorative masonry wall. C. Where a retaining wall is on the property line of a rear yard abutting a local street, the maximum retaining wall height shall be twenty- four (24) inches as measured from the adjacent curb and may be topped with a maximum eighteen (18) inch decorative wall or fence for a total height of forty-two (42) inches. d. 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. e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the Director. Chapter 230 230-39 10/3/94 4\s:C:MC230308\3/8/95 • 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. B. Required Walls. 1. When office, commercial or industrial uses abut property zoned or used for residential, a six (6) foot high solid six (6) inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection from vehicle damage shall be provided by a method approved by the Director. The maximum fence height shall be eight (8) feet at the common property line, subject to the same design standards and setback requirements as specified for six (6) foot high fences. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six(6) inch wide decorative masonry block, and designed with landscape pockets at thirty-five (35) foot intervals along the street side sufficient in size to accommodate at least one (1) 15-gallon tree. Approval of a 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. Chapter 230 230-40 10/3/94 4\s:C:MC230308\3/8/95 2. On corner lots, no fence, wall, landscaping, berming, sign, or other visual obstruction between forty-two (42) inches and seven (7) feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring twenty-five (25) feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven(7) feet shall be permitted. 3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of 42 inches and 7 feet within a triangular area formed by measuring ten (10) feet from intersecting driveways or street/alley and driveway. "Op�Rry[�Hf - 10•�1,���10 230-CORD DIAGRAM A . . - + o + � e + + 0 ! 1O' - 10 _ 10'E_ _ 10' _ _ 10' _ 10' 10' 10' 230-setb STREET/ALLEY DIAGRAM B Chapter 230 230-41 10/3/94 4\s:C:MC230308\3/8/95 REVERSE CORNER LOT CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY y 'A, 10' 10' THROUGH THROUGH LOT CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL .A• A 42 inch high fence may be constructed on any portion of the lot. 1 ® Indicates that portion of the lot on which a 6 foot high fence may be constructed. 'A" Indicates minimum front yard setback. 26 Diagram C S 5 SR75i G?G'v900.1W1505lC2.AA1P Chapter 230 230-42 10/3/94 4\s:C:MC230308\3/8/95 Chapter 230 230-43 10/3/94 4\s:C:MC2303 0 8\3/8/9 5 230.90 Contractor's Storage Yards/Mulching Operation Contractor's storage yards in conjunction with public facility improvement contracts, and mulching operations on unimproved public or private property may be permitted subject to the following: A. Initial approval shall be for a maximum of two (2) years. The use shall be eligible for a maximum of three one year extensions by the Planning Commission. B. The development shall comply with parking, access and setback requirements contained in Chapter 231. 230.92 Landfill Disposal Sites. Excavation of landfills or land disposal sites shall be subject to the requirements of this section. These provisions are not intended to apply to grading and surcharging operations, permitted under Appendix Chapter 70 of the Uniform Building Code. Permits for grading on previously approved development projects shall be subject to approval of the Director. A. Land Disposal Site/Definitions. The following words and phrases shall be construed as defined herein unless a different meaning is apparent from the context: 1. Excavation. Any activity and/or movement of material which exposes waste to the atmosphere. 2. Land disposal site. Any site where land disposal of Group 1, II or III waste, as defined by the California Administrative Code, has been deposited either legally or illegally on or into the land, including but not limited to landfill, surface impoundment, waste piles, land spreading, dumps, and coburial with municipal refuse. B. Operations Plan. 1. No person shall conduct any excavation activity at any land disposal site in the City of Huntington Beach without first submitting to the City an operations plan approved by the Director. Such plan shall include complete information regarding the identity, quantity and characteristics of the material being excavated, including a chemical analysis performed by a laboratory acceptable to the City, together with the mitigation measures that will be used to insure that health hazards, safety hazards, or nuisances do not result from such activity. 2. Mitigation measures contained in the operations plan may include gas collection and disposal of waste, encapsulation, covering waste, chemical neutralization, or any other measures deemed necessary by the City. 3. Ambient air quality monitoring, as well as other monitoring or testing deemed reasonably necessary, shall be included in the operations plan. Chapter 230 230-44 10/3/94 4\s:C:MC230308\3/8/95 0 C. Approval of Operations Plan. 1. The City shall not approve an operations plan unless such plan includes provisions for the immediate cessation of excavation activity when the operator, or any agent thereof, of a land disposal site has been notified by the City that a nuisance, health, or safety hazard has or is about to occur as a result of such activity therein. 2. Upon determination by any government agency that a nuisance, safety, or health problem exists on any land disposal site in the City, mitigation measures, contained in the operations plan, shall be implemented immediately. D. Hazardous Waste Sites. For any land disposal site determined to be a hazardous waste site by the State Department of Health Services and/or the City of Huntington Beach, the following additional measures shall be taken prior to excavation of such site: I. All property owners within a half mile radius of the site shall receive written notice of all public hearings to be held regarding proposed excavation on the site. The cost of preparing and mailing such notice shall be paid by the operator/applicant. 2. A type of bond, acceptable to the City Attorney, shall be posted by the operator/applicant insuring that necessary funds are available to restore the site to a safe condition if excavation is prematurely terminated. 3. Excavation of the site shall be performed in accordance with the requirements of the State Department of Health Services, and any other public agency with jurisdiction over hazardous waste sites. E. Operations Plan Contents. The operations plan shall contain the following: 1. A plan establishing lines of authority and responsibility between public agencies and the operator/applicant, or his agents, during excavation. The plan shall contain specific procedures to be followed by all responsible parties involved with the excavation. 2. A plan containing specific measures to monitor air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site. If deemed necessary by the State Department of Health Services, the plan shall also include specific measures for evacuation of residents in the vicinity of the site. 3. A plan showing specific routes for vehicles transporting hazardous wastes from the site. 4. A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely. Chapter 230 230-45 10/3/94 4\s:C:MC230308\3/8/9 5 F. Exemptions. The following activities shall be exempt from the requirements of this article unless otherwise determined by the Director: 1. The drilling of holes up to twenty-four (24) inches in diameter for telephone or power transmission poles or their footings. 2. The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems. 3. Any excavation activity which has been determined by the Director to pose an insignificant risk, or any activity which has been covered sufficiently in a plan prepared for any other agency having jurisdiction over the site. G. Excavation Activity Prohibited. 1. No person shall excavate at any land disposal site in the City of Huntington Beach unless he or she first certifies that all applicable regulations of other public agencies with jurisdiction over hazardous waste sites have been met. 2. Compliance with the provisions of this article shall not exempt any person from failing to comply with the requirements of the California Health and Safety Code, and any other applicable codes, rules or regulations. 230.94 Carts and Kiosks Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to conditional use permit approval by the Zoning Administrator and compliance with this section. Carts and kiosks may be permitted as a temporary use on public property subject to Specific Event approval pursuant to Chapter 5.68. A. Location and Design Criteria. Cart and kiosk uses shall conform to the following: 1. No portion of a cart or kiosk shall overhang the property line. 2. The cart or kiosk shall not obstruct access to a parked vehicle, impede the delivery of materials to an adjoining property, interfere with access to an adjoining property or interfere with maintenance or use of street furniture. 3. The cart or kiosk shall not exceed a maximum of four (4) feet in width excluding any wheels, eight (8) feet in lengt including any handle, and no more than six (6) feet in height excluding canopies, umbrellas or transparent enclosures unless a larger size is approved by the Zoning Administrator. Chapter 230 230-46 10/3/94 4\s\3/:C:MC230308\3/8/95 • • B. Factors to Consider. The Zoning Administrator shall consider the following factors regarding the location and 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 stops2 truck loading zones, taxi stands, hotel zones, passenger loading or parking spaces. 7. Pedestrian traffic volumes. 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. 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 establishment of the use. 4. All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply. 5. The prices of items sold from a cart or kiosk must appear in a prominent, visible location in legible characters. The price list size and location shall be reviewed and approved y the Zoning Administrator. 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 persons at any one time. 8. Fire extinguishers may be required at the discretion of the Fire Department. Chapter 230 230-47 10/3/94 4\s:C:MC230308\3/8/95 • 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 Zoning Administrator for disposal of business related wastes. D. Parkin . Additional parking may be required for cart or kiosk uses by the Zoning Administrator. E. Review; Revocation. The Community Development Department s a conduct a review of the cart or tiosk operation at the end of the first six month period of operation. At that time, if there has been a violation of the terms and conditions of this section or the conditional use permit, a public hearing shall be scheduled before the Zoning Administrator for revocation pursuant to Sections 241.16 and 249.06. A conditional use permit issued for a cart or kiosk use on public property may also be revoked pursuant to Section 249.06 if the use is no longer compatible with the intended use of the public property. Chapter 230 230-48 10/3/94 4\s:C:MC230308\3/8/9 S 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 Zoning Administrator for disposal of business related wastes. D. Parking Additional parking may be required for cart or kiosk uses by the Zoning Administrator. E. Review; Revocation. The Community.Development Department shall conduct a review of the cart or osk operation at the end of the first six month period of operation. At that time, if there has been a violation of the terms and conditions of this section or the conditional use permit, a public hearing shall be scheduled before the Zoning Administrator for revocation pursuant to Sections 241.16 and 249.06. Chapter 230 230-48 10/3/94 4\s\3/:C:MC230308\3/8/95 ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON B CH AMENDING THE HUNTINGTON BEACH MUNICIR&L CODE v z AND THE DOWNTOWN SPECIFIC PLAN TO ERMIT CARTS AND KIOSKS WHEREAS, the City Council of the City of Huntington Beach desires to add carts and kiosks to the list of permitted uses in and the Huntingt n Beach Municipal Code and the Downtown Specific Plan, and NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 4.3.01(a)C of the Downtown Specific Plan is hereby amended to read as follows: C. Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 2. Section/4.5.01(a)C of the Downtown Specific Plan is hereby amended to read as follows: C. Carts and iosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Clothing Stores Coin, stamp and art dealers Confectioners Curio Shops SECTION 3. Section 4.6.01(d) of the Downtown Specific Plan is hereby amended to read as follows: (d) 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 the total gross floor areas of the development. The following uses shall be permitted: Barber Shops (a maximum of two chairs); e G:Ord:Carts 110/24/94\RLS 94-702 Beauty Shops (a maximum of two chairs); Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code; Prescription Pharmacies; Restaurants/coffee shops (on-sale consumption of alcoholic beverages is limited to beer and wine only); Parking lots and structures. SECTION 4. Section 4.7.01(a)C of the Downtown Specific Plan is hereby amended to read as follows: C. Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 5. Section 4.8.01(a)C of the Downtown Specific Plan is hereby amended to read as follows: C. Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Catering establishments Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 6. Section 4.9.01(a)C of the Downtown Specific Plan is hereby amended to read as follows: C. Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Clothing Stores Coin, stamp and art dealers Confectioners Curio shops 2 G:Ord:Carts\10/24/94\RLS 94-702 SECTION 7. Section 4.11.01 of the Downtown Specific Plan is hereby amended to read as follows: 4.11.01 Permitted Uses. The following uses and structures shall be permitted in District #9 and are subject to approval of a Conditional Use Permit. These commercial uses include hotels, motels, restaurants, carts and kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code, and recreational facilities. SECTION & Section 4.12.01 C of the Downtown Specific Plan is hereby amended to read as follows: C. Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Commercial uses or public recreation facilities (beach-related) SECTION 9. Chapter 203 of the Huntington Beach Municipal Code is hereby amended by adding new definitions thereto to read as follows: Food Products: All foods defined as food products by the Orange County Health Department which include fresh fruits and vegetables and prepackaged foods and drink. Cart/Kiosk: Any portable, non motorized unit for travel used by a vendor on public right- of-way, city owned open space, or privately owned open space. 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. SECTION 10. Section 211.04 of the Huntington Beach Municipal Code, entitled "CO, CG and CV Districts: Land Use Controls," is hereby amended to add new subpart (U) to the list of Additional Provisions, to read as follows: (U) See Section 230.94: Carts and Kiosks SECTION 11. Section 211.04 of the Huntington Beach Municipal Code, entitled "CO, CG and CV Districts: Land Use Controls," is hereby amended to add Additional Provision (U) to the list of land use controls required for Retail Sales, as follows: CO CG CV Additional Provisions Retail Sales - P P (U) 3 G:Ord:Carts\10/24/94\RLS 94-702 • • SECTION 12. Title 23 of the Huntington Beach Municipal Code is hereby amended to add new Section 230.94 to read as follows: 230.94 Carts and Kiosks. Carts and kiosks of food products, fresh fruits and vegetables, fresh-cut flowers, live plants in pots, and items sold within an adjacent business may be permitted on private property zoned for commercial purposes or on public property, except mini-park, fountain areas, or beach areas, subject to conditional use permit approval by the Zoning Administrator and compliance with this section. A. LOCATION AND DESIGN CRITERIA: Cart and Kiosk uses shall conform to the following: 1. Carts or kiosks located on the sidewalk area of public property shall be limited to commercial and mixed use areas of the Downtown Specific Plan. 2. Carts or kiosks on public property shall not touch or be affixed, permanently or temporarily, to any building, structure or physical obstructions. 3. A minimum 8 foot clear passage area free of any physical obstructions shall be provided on the public sidewalk or one-half the distance from the property line to the curb line, whichever is more. Building frontage recess shall not be used to satisfy the minimum clear distance requirements. 4. No portion of a cart or kiosk shall overhang the curb line. 5. The cart or kiosk shall not obstruct access to a parked vehicle, impede the delivery of materials to an adjoining property, interfere with access to an adjoining property, or interfere with maintenance of street furniture. 6. At street intersections, the triangular area formed by measuring 25 feet along the curb lines or the area formed by the extension of the property lines to the curb lines, whichever is more restrictive, shall be clear passage area. 7. Cart or kiosk uses on the public sidewalk shall be separated by at least 50 feet. B. FACTORS TO CONSIDER: The Zoning Administrator shall consider the following factors 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; 4 G:Ord:Carts\10/24/94\RLS 94-702 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 and utilities; 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 l. A license agreement shall be obtained from the Department of Public Works for cart or kiosk uses permitted on public property. Said agreement shall be submitted to and approved by the Department of Public Works prior to commencement of the use. 2. All cart and kiosk operators shall provide a public liability insurance policy as specified in all current insurance resolutions. Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. 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. 4. During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan. 5. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles. 6. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach Municipal Code prior to establishment of the use. 7. All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply. 5 G:Ord:Carts\10/24/94\RLS 94-702 • 8. 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 Zoning Administrator. 9. The sale of alcoholic beverages shall be prohibited except for Specific Events as provided in the Huntington Beach Municipal Code. 10. A cart or kiosk shall be removed from the site when not in use, except for Specific Events as provided in the Huntington Beach Municipal Code, or as approved by the Zoning Administrator. 11. The number of employees at a cart or kiosk shall be limited to a maximum of two persons at any one time. 12. Fire extinguishers may be required at the discretion of the Fire Department. 13. All cart and kiosk uses shall be self contained for water, waste, and power to operate. 14. A cart or kiosk operator shall provide a method approved by the Zoning Administrator for disposal of business related wastes. D. PARKING: No additional parking shall be required for cart or kiosk uses. E. REVIEW; REVOCATION: The Community Development Department shall conduct a review of the cart or kiosk operation at the end of the first six month period of operation. At that time, if there has been a violation of the terms and conditions of this section or the conditional use permit, a public hearing shall be scheduled before the Zoning Administrator for revocation pursuant to sections 241.16 and 249.06. A conditional use permit issued for a cart or kiosk use on public property may also be revoked pursuant to Section 249.06 if the use is no longer compatible with the intended use of the public property. SECTION 13. Enforcement hereof shall be by the Community Development Director or his/her designated agent. 6 G:Ord:Carts\10/24/94\RLS 94-702 SECTION 14. Any existing cart or kiosk use that has been established without prior conditional use permit approval shall obtain a conditional use permit and, if applicable, a license agreement within 90 days following the effective date of this ordinance. 1 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1994. Mayor ATTEST: APPROVED S TO FORM: �v City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: ity Administrator Director of Commu ity Development 7 G:Ord:Carts 10124/94\RLS 94-702 Page 6 - Council/Agency Minutes - 11/21/94 The City Clerk presented Council Resolution No. 6654 for adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING A THIRD AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ABDELMUTI DEVELOPMENT COMPANY." and Redevelopment Agency Resolution No. 263 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING A THIRD AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ABDELMUTI DEVELOPMENT COMPANY." Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communication or written protests were received on the matter. Barbara Kaiser, Redevelopment Agency Director, presented a staff report. Mayor Moulton-Patterson declared the public hearing open. There being no one present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Deputy City Attorney De La Loza presented recommended amendments to the proposed amendment as follows: Page 3 of the Request for Redevelopment Agency Action (a) 4th line "subsidy payments would have commenced on January 1, 1994 according to participant Abdelmuti and continued through January 1, 2017. Also (b) 3rd line - terminate on December 31, 2017. Page 4 of the Amendment- Savings in 1994 changed to potential savings in 1994 Page 3 of the Amendment- As used herein, the term "Differential Rent Payment Period shall mean the period commencing on January 1, 1995, and terminating on December 31, 2017(rather than 2018) A motion was made by Winchell, seconded by Leipzig, to adopt City Council Resolution No. 6654 and Redevelopment Agency Resolution No.263, both as amended per Deputy City Attorney De La Loza. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig NOES: Sullivan ABSENT: None (City Council) PUBLIC HEARING - CONTINUED OPEN FROM NOVEM_B 1994 - CODE AMENDMENT NO. 93-56 - CARTS AND KIOSKS -OUTDOOR SALES P & DISPLAYS - HBOC/DOWNTOWN SPECIFIC PLAN - INTRODUCTION OF ORDINANCE`N_O. 3248 APPROVED AS AMENDED (640.10) The Mayor announced that this was the day and hour set for a public hearing to consider the following: Page 7 -Council/Agency Minutes - 11/21/94 APPLICATION NUMBER: Code Amendment No. 93-513 APPLICANT: City of Huntington Beach f LOCATION: City Wide REQUEST: To establish provisions in the Huntington Beach Ordinance Code and Downtown Specific Plan to permit and regulate carts and kiosks. _ ENVIRONMENTAL STATUS: Covered by Environmental Assessment No. 91-32 which will be reapproved by the City Council at their request. COASTAL STATUS: An amendment to the Huntington Beach Local Coastal Program Implementing Ordinances-will be filed with the California Coastal Commission following adoption by the City Council and inclusion in the Proposed Zoning and Subdivision Ordinance and Downtown Specific Plan rewrite. Planning Commission Recommendation: Approve Code Amendment No. 93-5B, with findings as outlined on Page 2 of the Request for Council Action dated November 21, 1994 and after reading by title, approve introduction of Ordinance No. 3248 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE AND THE DOWNTOWN SPECIFIC PLAN TO PERMIT CARTS AND KIOSKS." Staff Recommendation: Approve Code Amendment No. D93-5B with modifications as recommended by staff on Pages 4 and 5 and the findings for approval on Page 2 of the Request for Council Action dated November 21, 1994, direct the City Attorney to prepare an ordinance to reflect the staff recommendation. Melanie Fallon, Community Development Director presented a staff report. Scott Hess, Senior Planner presented a slide report. Mayor Moulton-Patterson declared the public hearing open. The City Clerk announced that communications had been received from Robert Winchell, Huntington Beach Tomorrow President dated November 15, 1994 and Dianne Easterling, Co- Chair, Downtown Resident's Association dated November 21, 1994 submitting recommended changes to the proposed ordinance. Suzanne Mullen, requested Council approval of the staff recommendation. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Winchell, seconded by Leipzig, to approve the Staff Recommendation on Code Amendment No. 93-513 with modifications as recommended by staff on Pages Four and Five and the findings for approval on Page Two of the Request for Council Action dated November 21, 1994, and direct the city attorney to prepare an ordinance to reflect staff's recommendation. Page 8 - Council/Agency Minutes - 11/21/94 Councilman Bauer stated his opposition to the ordinance if it included alcoholic beverages at special events because of the problems downtown; that if these problems disappear, he would be willing to be more flexible. Councilmember Winchell amended her motion to include the following changes: Page Four-A (5) The cart of kiosk shall not obstruct access to a parked vehicle, impede the delivery of materials to an adjoining property, interfere-with access to an adjoining property, or interfere with maintenance (1) or use of street furniture. Page Five - B (5) Existing physical obstructions including, but not limited to signposts, light standards, parking meters, benches, phone booths, newsstands, utilities, (2) landscaping and (3) add wording that makes this consistent with the city's outdoor dining policy with regard to the sale of alcoholic beverages. Councilmember Winchell restated the motion to include the staff's recommendation and the three amendments to the motion. Councilmember Leipzig withdrew his second to the motion stating that he believed there may be situations where alcohol could be allowed. Councilmember Bauer then made a second to Councilmember Winchell's motion. Councilmember Winchell spoke regarding past circumstances where the sale may be on private property but alcohol has been handed over onto the public property. The City Clerk clarified the motion to include the Findings for Approval on page two of the Request for Council Action. Findings for Approval 1. Code Amendment No. 93-5 B is consistent with the General Plan because it provides additional opportunities for commercial development that will fulfill the needs of the City's residents, promotes the development of services and facilities necessary to support a tourist industry by providing a diversification in the economic base of the City, increasing,its tax base, and also promoting revitalization of the Downtown area. 2. Code Amendment No. 93-58 contains provisions to regulate the design and location of outdoor sales and displays to ensure that these uses do not create undue congestion on public or private properties, and to reduce the liability of the City and surrounding property or business owners. .The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Sullivan NOES: Leipzig ABSENT: None RCA 9OUTING S EET INITIATING DEPARTMENT: Community Development SUBJECT: Ordinance No. 3248 [COUNCIL MEETING DATE: I May 1 , 1995 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Appoved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial I Not Applicable EXPLANATION FO'R MISSING ATTACHMENTS REVIEWED RETURNED FOR' DED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk :EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use APPROVED BY CITE COUNCIL, �S /9MENJ� ED REQUEST FOR CITY COUNCIL ACTION o-�� 6 � ' ct tL, K Date: November 21, 1994 CD94-58 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Melanie S. Fallon, Director of Community Developmentl-�"&t�/ Subject: CODE AMENDMENT NO. 93-5B/ NEGATIVE DECLARATION NO. 93-20: CARTS AND KIOSKS (Continued from November 7, 1994) Consistent with Council Policy? [X]Yes [ ]New Policy or Exception ORD 3248 Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is Code Amendment No. 93-513 in conjunction with Negative Declaration No. 93-20, a request to amend the Huntington Beach Municipal Code and Downtown Specific Plan by adding provisions to regulate carts and kiosks on private and public property. These provisions will apply to commercial properties citywide, including the downtown area. Code Amendment No. 93-513 was continued from the August 15, and October 3, 1994, City Council meetings to allow staff an opportunity to analyze written public comments and to revise the Ordinance for incorporation into the new Zoning and Subdivision Ordinance. A revised Ordinance has been prepared and is attached. RECOMMENDATION: Planning Commission Recommendation: Motion to: "Approve Code Amendment No. 93-513 with the following findings and adopt Ordinance No. 3248." Planning CommissionAction on April 19, 1994 ON MOTION BY RICHARDSON AND SECOND BY GORMAN, CODE AMENDMENT NO. 93-5B WITH FINDINGS BY THE FOLLOWING VOTE: AYES: RICHARDSON,GORMAN,BIDDLE, COOK, DETTLOFF, INGLEE, NOES: NONE ABSENT: NEWMAN ABSTAIN: NONE MOTION PASSED Findings for Approval 1. Code Amendment No. 93-5B is consistent with the General Plan because it provides additional opportunities for commercial development that will fulfill the needs of the City's residents, promotes the development of services and facilities necessary to support a tourist industry by providing a diversification in the economic base of the City, increasing its tax base, and also promoting revitalization of the Downtown area. 2. Code Amendment No. 93-5B contains provisions to regulate the design and location of outdoor sales and displays to ensure that these uses do not create undue congestion on public or private properties, and to reduce the liability of the City and surrounding property or business owners. Staff Recommendation: Motion to: "Approve Code Amendment No. 93-5B with modifications as recommended by staff on pages 4 and 5 and findings for approval as outlined on page 2." ANALYSIS: Planning Commission Action Code Amendment No. 93-5B is a result of the Planning Commission's decision to bifurcate Code Amendment No. 93-5 into two ordinances: Outdoor Dining and Carts/Kiosks. At the November 16, 1993, Planning Commission meeting, several persons spoke regarding the proposed ordinance. Their comments primarily focused on five major issues: separate ordinance for outdoor dining and carts/kiosks, discretionary review, parking, alcoholic beverage sales, and grandfathering existing uses, Due to the number of issues raised at the hearing, the Planning Commission established a subcommittee to evaluate written communications and comments received at the public hearings and formulate a recommendation to the Planning Commission. The subcommittee included Planning Commissioners Newman, Inglee, and Gorman. Commissioner Kerins later replaced Commissioner Newman on the subcommittee. The subcommittee met on several occasions and formulated a recommendation to the Planning Commission at their December 7, 1993, public hearing. Members of the subcommittee believed that the code amendment should be separated into two parts, Outdoor Dining and Carts/Kiosks. Part A, Outdoor Dining was approved by the Planning Commission on January 19, 1994 and approved by the City Council on May 4, 1994. It was incorporated into the Downtown Specific Plan rewrite, which was adopted by the City Council. Part B, Carts and Kiosks, was approved by the Planning Commission on April 19, 1994. At the meeting, the Co RCA 11\21\94 2 Wrca94-586 Proposed Ordinance Some of the key elements of the proposed carts/kiosks ordinance are as follows: • Requires conditional use permit approval by the Zoning Administrator before establishing the business; • No parking spaces are required; • Prohibits alcoholic beverage sales except for special events as approved by the City; • Requires any existing business established without prior conditional use permit approval(or equivalent)to apply for a conditional use permit; • Allows carts/kiosks on the sidewalk area of the public property only within the Downtown Specific Plan commercial and mixed use areas; • Requires 8 foot wide sidewalk clearance for pedestrian use; • Requires a six month review of the cart/kiosk operation by staff to determine if a violation of the code has occurred or if the use is no longer compatible with the intended use of the public property; and • Requires license agreement which includes property maintenance and liability insurance for any cart/kiosk located on public property. The proposed ordinance was continued from the August 15 and October 3, 1994, City Council meetings with direction to staff to revise the ordinance so it will follow the new Zoning and Subdivision Ordinance format which was recently adopted by the City Council as Titles 20-25 of the Huntington Beach Municipal Code. In addition, some changes to the ordinance were made as a result of this integration to eliminate repetition and to clarify certain sections as follows: • Deletion of the requirement for a maintenance agreement because it is now included as part of the license agreement prepared by the Department of Public Works; • Inclusion of a statement that findings and proceedings applicable to revocation are contained in Sections 241.16 and 249.06 of the new Zoning and Subdivision Ordinance. Revocation of the conditional use permit would nullify the license agreement. Public Comments Communications were received in August from Huntington Beach Tomorrow and the Downtown Residents Association. Some of the concerns have been addressed as part of the recent changes indicated in the preceding paragraph. Remaining issues are as follows: • Separation between carts/kiosks is inadequate and should be 1500 feet. There is confusion as to how this number is applied: lineal feet or square feet. In any event, this separation as lineal feet will not allow a cart/kiosk across the street from one another and will allow only one in each four block area. The three existing carts (Main/PCH and 200 Main)will not comply with the recommended separation;they are approximately 550 feet apart, and the coffee cart and flower stand at 200 Main Street are less than 25 feet apart. RCA 11\21\94 3 G:\rca94-58r3 • • • Alcoholic beverages sales should be prohibited. The Planning Commission discussed this issue and felt that the sale of alcoholic beverages should not be permitted on a regular basis but that they did not want to preclude the ability of such sales during special events which are approved by the City. • The cart/kiosk operation should be a part of a contiguous or adjacent business. The Planning Commission subcommittee recommended the ordinance allow a cart/kiosk operation as a separate, stand-alone business, and not require affiliation with an adjacent business. The Planning Commission's action did not change this concept. They did not want to put unnecessary restrictions on the private marketplace. It should be noted that the ordinance does not allow any type of business; it states that carts/kiosks may be permitted for the sale of the following only: 1. Food products; 2. Fresh fruits and vegetables; 3. Fresh-cut flowers; 4. Live plants in pots; and j 5. Items sold within an adjacent business. I I • Cart/kiosk operation permits should not be transferable. Approval of a cart/kiosk is proposed to be pursuant to a conditional use permit by the Zoning Administrator. This allows for public input (public hearing) and the imposition of conditions if necessary. State law requires conditional use permits to be transferable because they !i are approved for a particular land use and run with the land, not with the business operator. The license agreement with the Department of Public Works applies to the business operator and will not be transferable. I Staffs Recommended Changes: This code amendment has been reviewed by several groups and committees, and at every layer of review there are additional issues raised and/or old ones re-evaluated. With all the discussions focusing on specific design criteria,there is a tendency to lose sight of the original objective of the ordinance. Allowing outdoor sales from carts/kiosks furthers the goal of creating a pedestrian oriented environment outlined in the Downtown Specific Plan. In many cases, the cart/kiosk operations serve as retail incubators and often result in their business moving into adjoining small shops. Staff has spent additional time evaluating the ordinance and comments received, as well as reviewing a site plan of downtown areas fronting Main Street to determine the feasibility of cart and kiosk placement. As a result, staff has the following recommendations: 1. Allow carts/kiosks on private property only and not in public right-of-ways. This is staff s primary recommendation which would eliminate the need for several provisions in the proposed ordinance. There are very few areas in the downtown public ROW that would accomodate carts/kiosks based upon the pedestrian accessway requirements. The majority of those eligible areas are currently occupied by outdoor dining tables. There i RCA 11\21\94 4 G:\rca94-58r3 • • would be no need for license agreements because they are only required for uses in public ROW's. In lieu of the agreement, operators would need the property owner's authorization. Areas on private property, which would include open space areas or public plazas (fountain areas) as required by the Downtown Specific Plan (DTSP), would be subject to approval pursuant to a conditional use permit (CUP) by the Zoning Administrator. It should be noted that the DTSP would not allow more than 50% of the plaza areas to be used for carts/kiosks. 2. Eliminate the proposed 50 foot separation. If carts/kiosks are not permitted in public ROW's, then delete any requirement for separation. This would enable the private property owner to evaluate separation requirements based upon the design of the plaza area and the type of atmosphere desired. Carts/kiosks side-by-side may be preferred to create certain effects and types of environments. Accessways to comply with Fire and Building Codes would be evaluated with the CUP process. 3. Delete the restriction on types of products to be sold from carts/kiosks (e.g., flowers, food products, products only sold in an adjoining business). If the carts/kiosks are only permitted on private property, then let the property owner decide what uses are compatible with adjoining businesses. Any proposed use would still be required to comply with the permitted uses listed in the DTSP or Zoning and Subdivision Ordinance for that district. Allowing the sale of any product will increase the diversity of merchandise available to City residents and tourists. 4. Allow carts/kiosks to remain on the private property at all times subject to property owner's consent. Many southern California cities allow businesses to keep the cart/kiosk on the site when not in use. Staff recommends that this issue be left to the discretion of the property owner and tenant. 5. Add definitions of Physical Obstruction and Private Property. The definition of physical obstruction and private property will aid in the administration of the proposed ordinance. Physical obstruction was defined in the outdoor dining ordinance and included only in the Downtown Specific Plan. These two terms need to be defined and included in the new Zoning and Subdivision Ordinance. Staff's recommendations will result in commercial areas that allow human interaction within the open areas. A change in the business frontage by use of carts/kiosks will encourage window shopping and sales transactions to occur as well as enhance the community by creating a sense of place. General Plan Conformance: Code Amendment No. 93-513 is consistent with the goals and policies of the General Plan, which states in part, (1) to insure commercial development that is economically viable, attractive, well related to other land uses, and fulfills the needs of the City's residents and (2) to promote the development of services and facilities necessary to support a tourist industry. Code Amendment No. 93-513 supports tourist industry by providing a diversification in the economic base of the City, RCA 11\21\94 5 G:\rca94-58r3 increases its tax base by the incubator-type businesses, and promotes revitalization of the Downtown and other commercial areas of the City. Environmental Status: Although Negative Declaration No. 93-20 was previously approved, the City Council requested that Negative Declaration be returned for consideration with Code Amendment No. 93-5B. Coastal Status: An amendment to the Huntington Beach Local Coastal Program Implementing Ordinances will be filed with the California Coastal Commission following adoption of Code Amendment No. 93-513 and inclusion in the new Zoning and Subdivision Ordinance and the Downtown Specific Plan rewrite. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: Motion to: 1. "Continue Code Amendment No. 93-5B and direct staff to amend the ordinance as recommended or deemed necessary." 2. "Deny Code Amendment No. 93-513 with findings." ATTACHMENTS: 1. Ordinance No. 3248 2. Legislative Draft as recommended by the Planning Commission and submitted on August 15, 1994 3. Negative Declaration No. 93-20 4. Planning Commission staff reports dated April 5 and 19, 1994 5. Planning Commission subcommittee matrix 6. Planning Commission minutes dated April 19, 1994 7. Main Street plan MTU:MSF:SP RCA 11\21\94 6 G:\rea94-58r3 ATTACHMENT 1 a LEGISLATIVE DRAFT FOR CARTS AND KIOSKS ORDINANCE The proposed ordinance contains fourteen (14) sections. Deletions are identified by strikeout. Additions are identified by larger, darkened type. SECTION 1 . An addition to Section 4.3.01 (a)C of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 2. An addition to Section 4.5.01 (a)C of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Clothing Stores Coin, stamp and art dealers Confectioners Curio Shops SECTION 3. An addition to Section 4.6.01 (d) of the Downtown Specific Plan as follows: (d) 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 the total gross floor areas of the development. The following uses shall be permitted: Barber Shops (a maximum of two chairs); Beauty Shops (a maximum of two chairs); 1 G:Leg. Draft:Carts & Kiosks\10/21/94 RLS 94-321 Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code; Prescription Pharmacies; Restaurants/coffee shops (on-sale consumption of alcoholic beverages is limited to beer and wine only); Parking lots and structures. SECTION 4. An addition to Section 4.7.01 (a)C of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 5. An addition to Section 4.8.01 (a)C of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Catering establishments Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 6. An addition to Section 4.9.01 (a)C of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Clothing Stores Coin, stamp and art dealers Confectioners Curio shops 2 G:Leg. Draft:Carts & Kiosks\10/21/94 RLS 94-321 SECTION 7. An amendment to Section 4.1 1 .01 of the Downtown Specific Plan as follows: 4.1 1 .01 Permitted Uses. The following uses and structures shall be permitted in District #9 and are subject to approval of a Conditional Use Permit. These commercial uses include hotels, motels, restaurants, carts and kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code, and recreational facilities. SECTION 8. An addition to Section 4.12.01 C of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Commercial uses or public recreation facilities (beach-related) SECTION 9. Three new definitions added to Chapter 203 of the Huntington Beach Municipal Code as follows: Food Products: All foods defined as food products by the Orange County Health Department which include fresh fruits and vegetables and prepackaged foods and drink. Cart/Kiosk: Any portable, non motorized unit for travel used by a vendor on public right-of-way, city owned open space, or privately owned open space. 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. SECTION 10. An addition to the list of Additional Provisions contained in Huntington Beach Municipal Code Section 21 1 .04, as follows: M See Section 230.94: Carts and Kiosks 3 G:Leg. Draft:Carts & Kiosks\10/24/94 RLS 94-321 SECTION 1 1 . An addition of Additional Provision (U) to the list of land use controls required for Retail Sales, contained in Huntington Beach Municipal Code Section 21 1 .04, as follows: CO CG CV Additional Provisions Retail Sales - P P (U) SECTION 12. A new Section 230.94 to Title 23 of the Huntington Beach Municipal Code as follows: § 230.94 Carts and Kiosks. Carts and kiosks of food products, fresh fruits and vegetables, fresh-cut flowers, live plants in pots, and items sold within an adjacent business may be permitted on private property zoned for commercial purposes or public property, except mini-park, fountain areas, or beach areas, subject to conditional use permit approval by the Zoning Administrator and compliance with this section. A. LOCATION AND DESIGN CRITERIA: Cart and Kiosk uses shall conform to the following: 1 . Carts or kiosks located on the sidewalk area of public property shall be limited to commercial areas and mixed use areas of the Downtown Specific Plan. 2. Carts or kiosks on public property shall not touch or be affixed, permanently or temporarily, to any building, structure or physical obstructions. 3. A minimum 8 foot clear passage area free of any physical obstructions shall be provided on the public sidewalk or one-half the distance from the property line to the curb line, whichever is more. Building frontage recess shall not be used to satisfy the minimum clear distance requirements. 4. No portion of a cart or kiosk shall overhang the curb line. 4 G:Leg. Draft:Carts & Kiosks\10/24/94 RLS 94-321 5. The cart or kiosk, or outdoor display shall not obstruct access to a parked vehicle, impede the delivery of materials to adjoining property, interfere with access to an adjoining property, or interfere with maintenance of street furniture. 6. At street intersections, the triangular area formed by measuring 25 feet along curb lines or the area formed by the extension of the property lines to the curb lines, whichever is more restrictive, shall be clear passage area. 7. Cart or kiosk uses on the public sidewalk shall be separated by at least 50 feet. B. FACTORS TO CONSIDER: The Zoning Administrator shall consider the following factors regarding the location and the design of carts 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 and utilities; 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. 5 G:Leg. Draft:Carts & Kiosks\10/24/94 RLS 94-321 C. OPERATING REQUIREMENTS: 1 . A license agreement shall be obtained from the Department of Public Works for cart or kiosk uses permitted on public property. Said agreement shall be submitted to and approved by the Department of Public Works prior to commencement of the use. 2. All cart and kiosk operators shall provide a public liability insurance policy as specified in all current insurance resolutions. Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. 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. 4. During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan. 5. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles. 6. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach Municipal Code prior to establishment of the use. 7. All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply. 8. 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 Zoning Administrator. 9. The sale of alcoholic beverages shall be prohibited except for Specific Events as provided in the Huntington Beach Municipal Code. 6 G:Leg. Draft:Carts & Kiosks\10/24/94 RLS 94-321 10. A cart or kiosk shall be removed from the site when not in use, except for Specific Events as provided in the Huntington Beach Municipal Code, or as approved by the Zoning Administrator. 11 . The number of employees for cart or kiosk shall be limited to a maximum of two persons at any one time. 12. Fire extinguishers may be required at the discretion of the Fire Department. 13. All cart and kiosk uses shall be self contained for water, waste, and power to operate. 14. A cart or kiosk operator shall provide a method approved by the Zoning Administrator for disposal of business related wastes. D. PARKING: No additional parking shall be required for cart or kiosk uses. E. REVIEW; REVOCATION: The Community Development Department shall conduct a review of the cart or kiosk operation at the end of the first six month period of operation. At that time, if there has been a violation of the terms and conditions of this section or the conditional use permit, a public hearing shall be scheduled before the Zoning Administrator for possible revocation pursuant to Sections 241 .16 and 249.06. A conditional use permit issued for a cart or kiosk use on public property may also be revoked pursuant to Section 249.06 if the use is no longer compatible with the intended use of the public property. SECTION 13. No legislative changes by this section. SECTION 14. No legislative changes by this section. 7 G:Leg. Draft:Carts & Kiosks\10/24/94 RLS 94-321 ATTACHMENT 2 LEGISLATIVE DRAFT FOR CARTS AND KIOSKS ORDINANCE The proposed ordinance contains twenty (20) sections. Deletions are identified by strikeout. Additions are identified by larger, darkened.type. SECTION 1 . An addition to Section 9220.1 MC, as follows: C. Carts and Kiosks pursuant to Section 9730.90 Carwash Clinic with less than 2500 sq. ft. SECTION 2. An addition to Section 9241 (a)C as follows: C. Camera shop Carts and Kiosks pursuant to Section 9730.90 Clothing store Confectionary store Convenience market SECTION 3. An addition to Section 4.3.01 (a)C of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 4. An addition to Section 4.3.01 (a)O of the Downtown Specific Plan as follows: O. Office Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code G:Leg. Draft:Carts & Kiosks\7/12/94 1 l SECTION 5. An addition to Section 4.5.01 WC of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Clothing Stores Coin, stamp and art dealers Confectioners Curio Shops SECTION 6. A new subpart "O" to Section 4.5.01 (a) of the Downtown Specific Plan as follows: O. Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code SECTION 7. An addition to Section 4.6.01 (d) of the Downtown Specific Plan as follows: (d) 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 the total gross floor areas of the development. The following uses shall be permitted: Barber Shops (a maximum of two chairs); Beauty Shops (a maximum of two chairs); Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code; Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code; Prescription Pharmacies; Restaurants/coffee shops (on-sale consumption of alcoholic beverages is limited to beer and wine only); Parking lots and structures. \� 2 G:Leg. Draft:Carts & Kiosks\7/12194 SECTION 8. An addition to Section 4.7.01 (a)C of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 9. An addition to Section 4.7.01 (a)O of the Downtown Specific Plan as follows: O. Office supplies Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code SECTION 10. An addition to Section 4.8.01 (a)C of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Catering establishments Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 11 . An addition to Section 4.8.01 (a)O of the Downtown Specific Plan as follows: O. Offices Office supplies Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code G:Leg. Draft:Carts & Kiosks\7/12/94 3 J SECTION 12. An addition to Section 4.9.01 (a)C of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 13. A new subpart "O" to Section 4.9.01 (a) of the Downtown Specific Plan as follows: O. Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code SECTION 14. An amendment to Section 4.11 .01 of the Downtown Specific Plan as follows: 4.1 1 .01 Permitted Uses. The following uses and structures shall be permitted in District #9 are subject to approval of a Conditional Use Permit. These commercial uses include hotels, motels, restaurants, carts and kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code, outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code, and recreational facilities. SECTION 15. An addition to Section 4.12.01 C of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Commercial uses or public recreation facilities (beach-related) 4 G:Leg. Draft:Caris & Kiosks\7/12/94 SECTION 16. A new subpart "O" to Section 4.12.01 of the Downtown Specific Plan as follows: O. Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code. SECTION 17. Three new definitions added to Article 908 of the Huntington Beach Ordinance Code as follows: Food Products: All foods defined as food products by the Orange County Health Department which include fresh fruits and vegetables and prepackaged foods and drink. Cart/Kiosk: Any portable, non motorized unit for travel used by a vendor on public right-of-way, city owned open space, or privately owned open space. 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. SECTION 18. A new section 9730.90 to Article 973 of the Huntington Beach Ordinance Code as follows: § 9730.90 Carts and Kiosks. Carts and kiosks of food products, fresh fruits and vegetables, fresh-cut flowers, live plants in pots, and items sold within an adjacent business may be permitted on private property zoned for commercial purposes or public property, except mini-park, fountain areas, or beach areas, subject to use permit approval by the Zoning Administrator and compliance with this section. A. LOCATION AND DESIGN CRITERIA: Cart and Kiosk uses shall conform to the following: Gleg. Draft:Carts & Kiosks\7/12/94 \ J 1 . Carts or kiosks located on the sidewalk area of public property shall be limited to commercial areas of the Downtown Specific Plan. 2. Carts or kiosks on public property shall not touch or be affixed, permanently or temporarily, to any building, structure or physical obstructions. 3. A minimum 8 foot clear passage area free of any physical obstructions shall be provided on the public sidewalk or , one-half the distance from the property line to the curb line, whichever is more. Building frontage recess shall not be used to satisfy the minimum clear distance requirements. 4. No Portion of a cart or kiosk shall overhang the curb line. 5. The cart or kiosk, or outdoor display shall not obstruct access to a parked vehicle, impede the delivery of materials to adjoining property, nor preclude any existing curb space use. 6. At street intersections, the triangular area formed by measuring 25 feet along curb lines or the area formed by the extension of the property lines to the curb lines, whichever is more restrictive, shall be clear passage area. 7. A minimum of fifty (50) foot separation shall be maintained between cart/kiosk uses. B. FACTORS TO CONSIDER: The Zoning Administrator shall consider the following factors regarding the location and the design "of outdoor sales and display uses including: 1 . Appropriateness of the cart or kiosk design, color scheme, and character of its location; �-p 6 G:Leg. Draft:Carts & Kiosks\7/12/94 RAUEST FOR COUNCIL ACTIOV MEETING DATE: DEPARTMENT ID NUMBER: CD 95-23 Analysis: Background Information On November 21, 1994, the City Council reviewed a draft ordinance for permitting carts and kiosks on private and public property. The Council approved the draft ordinance with modifications and directed staff to prepare a final version reflecting their action. This ordinance reflects the following changes: • The ordinance applies only to private property. • There is no separation requirement between carts/kiosks uses. • There is no restriction on the types of products that may be sold from carts/kiosks. • Carts/kiosks may remain on private property at all times with the property owner's consent. • The ordinance includes additional definitions for physical obstruction and private property. Environmental Status: Covered by Negative Declaration No. 93-20 adopted by the City Council on May 4, 1994. Attachment(s): NumberCity Clerk's Page 1. Ordinance No. 3248 Z. Request for Council Action Report dated November 21, 1994 (without attachments) 3/ City Council Minutes dated November 21, 1994 CD95-23.DOC -2- 04/13/95 3:13 PM ATTACHMENT 1 ORDINANCE NO. 3248 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE AND THE DOWNTOWN SPECIFIC PLAN TO PERMIT CARTS AND KIOSKS WHEREAS, the City Council of the City of Huntington Beach desires to add carts and kiosks to the list of permitted uses in the Huntington Beach Municipal Code and the Downtown Specific Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 4.3.01(a) of the Downtown Specific Plan is hereby amended to read as follows: 4.3.01 Permitted Uses: (a) The following list of Visitor-Serving Commercial uses in District No. I may be allowed. Other 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: • Art gallery • Bakery • Banks and savings and loans branch offices (no drive-up windows; not to exceed five thousand (5,000) square feet) • Beach, swimming and surfing equipment • Bicycle sales, rental and repair • boat and marine supplies • Bookstores • Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code • Clothing stores • Delicatessens • Drug stores • Dry Cleaning • Florists • Grocery (convenience) • Hardware stores I 4\Ord:Carts227\3/3/95 RLS 95-069 • Ice cream parlors • Laundromats, Laundries • Meat or fish markets • Newspapers and magazine stores • Newstands • Office • Outdoor dining pursuant to S.4.2.32 • Photographic equipment sales • Photographic processing • Public Facilities • Shoe stores • Sporting goods • Tourist related public and semipublic buildings, services and facilities • Travel agency SECTION 2. Section 4.5.01(a) of the Downtown Specific Plan is hereby amended to read as follows: 4.5.01 Permitted Uses. (a) The following list of uses which establishes a commercial core and which serves as the transition between visitor-serving and year round commercial uses in District No. 3 may be allowed. Other 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: • Art gallery • Bakeries • Banks and savings and loans branch offices (no drive-up windows; not to exceed five thousand (5,000) square feet) • Barber, beauty, manicure shops • Beach, swimming and surfing equipment • Bicycle sales, rental and repair • Boat and marine supplies • Bookstores • Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code • Clothing stores • Delicatessens • Drug stores • Florists 2 4\Ord:Caazts227\3/3/95 RLS 95-069 • Ice cream parlors • Newspaper and magazine stores • Newstands • Outdoor dining pursuant to S.4.2.32 • Photographic equipment sales • Photographic processing • Shoe stores • Sporting goods • Tourist related public and semi-public buildings, services and facilities • Travel Agency SECTION 3. Section 4.6.01(a) of the Downtown Specific Plan is hereby amended to read as follows: 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.4.2.32 • 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 of the Design Review Board in lieu of a conditional use permit. SECTION 4. Section 4.7.01(a) of the Downtown Specific Plan is hereby amended to read as follows: 4.7.01 Permitted Uses. (a) The following list of uses which establishes a commercial core and which serves as the transition between visitor-serving and year round 3 4\Ord:Carts227\.3/3/95 RLS 95-069 commercial uses in District No. 5 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 and savings and loans branch offices • Barber, beauty, manicure shops • Beach, swimming and surfing equipment • Bicycle sales, rental and repair • Boat and marine supplies • Boutiques • Bookstores • Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code • Clothing stores • Delicatessens • Drug stores • Dry cleaning • Florists • Groceries • General retail • Hardware stores • Hobby supplies • Ice cream parlors • Jewelry stores • Laundromats • Newstands • Office Supplies • Offices • Outdoor dining pursuant to S.4.2.32 • Photographic equipment sales • Photographic processing • Shoe repair • Shoe stores • Sporting goods • Stationery stores • Tailor shops • Travel Agency 4 4\Ord:Carts22713/3/95 RLS 95-069 SECTION 5. Section 4.8.01(a) of the Downtown Specific Plan is hereby amended to read as follows: 4.9.01 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 and savings and loans branch offices • Barber, beauty, manicure shops • Beach, swimming and surfing equipment • Bicycle sales, rental and repair • Boat and marine supplies • Boutiques • Bookstores • Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code • Clothing stores • Delicatessens • Drug stores • Dry cleaning • Florists • Groceries • General retail • Hardware stores • Hobby supplies • Ice cream parlors • Jewelry stores • Laundromats • Newstands • Office Supplies • Offices • Outdoor dining pursuant to S.4.2.32 • Photographic equipment sales • Photographic processing • Shoe repair • Shoe stores 5 4\Ord:Carts227\3/3/95 RLS 95-069 • Sporting goods • Stationery stores • Tailor shops • Travel Agency SECTION 6. Section 4.9.01(a) of the Downtown Specific Plan is hereby amended to read as follows: 4.9.01 Permitted Uses. (a) The following list of Visitor-Serving Commercial uses in District No. 7 may be allowed. Other 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: • Art gallery • Bakeries • Banks and savings and loans branch offices (not to exceed five- thousand (5,000) square feet) • Beach, swimming and surfing equipment • Bicycle sales, rental and repair • Boat and marine supplies • Bookstores • Carts and Kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code • Clothing stores • Delicatessens • Florists • Groceries (convenience) • Ice cream parlors • Laundromats, laundries • Meat or fish markets • Newsstands • Outdoor dining pursuant to S.4.2.32 • Photographic equipment sales • Photographic processing • Professional Office (not to exceed fifty [50] percent of total floor area) • Public Transportation Center • Shoe stores • Sporting goods • Tourist related public and semi-public buildings, services and facilities • Travel Agency 6 4\Ord:Carts227\3/3/95 RLS 95-069 LEGISLATIVE DRAFT 4.3 DISTRICT #1: VISITOR-SERVING COMMERCIAL Purpose. This District is limited to three nodes fronting on Pacific Coast Highway (PCH) which are adjacent to medium and high density residential Districts. These nodes provide sites for commercial facilities to serve visitors to the City and State Beaches. The area between Goldenwest and 6th Streets will be primarily medium to high density residential. Residential uses will also be permitted in this District, as long as the necessary visitor-serving uses are included in the development. Boundaries. District#1 includes three nodes: The two blocks from Goldenwest to 21st Streets, between PCH and the midline of the alley; the two blocks from 18th to 16th Streets, between PCH and the midline of the alley; and the block from 9th to 6th between PCH and the midline of the alley. 4.3.01 Permitted Uses. (a) The following list of Visitor-Serving Commercial uses in District No. 1 may be allowed. Other 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: Art gallery Bakery Banks and savings and loans branch offices (no drive-up windows; not to exceed five thousand (5,000) square feet) Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores • Carts and kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Clothing stores Delicatessens Drug stores Dry Cleaning Florists Grocery (convenience) Hardware stores Ice cream parlors Laundromats, Laundries Meat or fish markets Newspaper and magazine stores Newsstands Office Outdoor dining pursuant to 5.4.2.32 Photographic equipment sales Photographic processing Public Facilities Shoe stores Sporting goods Tourist related public and semipublic buildings, services and facilities Travel agency 4.sg\dntn308\3/8/95 RLS 95-069 (b) The following list of Visitor Serving Commercial uses, and any new construction, rehabilitation, or change of such use in District No. 1 may be allowed subject to approval of a Conditional Use Permit. For example: Dancing and/or live entertainment Health and sports clubs Liquor Stores Motels Permanent parking lots and parking structures Residential uses Restaurants Service station (minimum 14,000 square feet of net lot area, subject to the development standards outlined in Section 9220.14 of the Huntington Beach Ordinance Code) (c) Visitor-serving commercial uses must be a part of all development proposed in this District, with the following minimum requirements: for projects with less than a half-block of frontage, the entire street level must be devoted to visitor-serving uses; for projects with a half-block or more of frontage, either the entire street level, or at least one-third (1/3) of the total floor area must be devoted to visitor- serving commercial uses. (d) Residential uses are allowed only in conjunction with visitor-serving commercial uses. The required visitor-serving commercial portion of any initial construction shall be provided prior to or at the same time as any residential portion. No residential unit shall be occupied until the required commercial portion is completed. Projects which are proposed to be phased must proportionately develop the commercial and residential concurrently. 4.3.02 Minimum Parcel Size. The minimum parcel size for development shall be 10,000 sq. ft. of net site area and one hundred (100) feet of frontage on PCH. 4.3.03 Maximum Density/Intensity. The maximum allowable number of residential dwelling units (du) shall be 1 du/1,742 square feet of net lot area or twenty-five (25) units per net acre. The Floor Area Ratio shall be 1.0 calculated on net acreage. 4.3.04 Maximum Building;Height. The maximum building height shall be thirty-five (35) feet and no more than three (3) stories. 4.3.05 Maximum Site Coverage. The maximum site coverage shall be fifty (50) percent of the net site area. 4.3.06 Setback (Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be twenty-five (25) feet from Pacific Coast Highway right-of-way. This setback may be reduced to twenty(20) feet on up to fifty (50) percent of the frontage, provided that the average setback for total site frontage is not less than twenty-five (25) feet. The setback area shall be limited to landscaping only and shall be designed to be compatible with the Bluff Top Landscaping area located across Pacific Coast Highway. 4.sg\dntn308\3/8/95 RLS 95-069 4.3.07 Setback(Side Yard). The minimum aggregate side yard requirements shall be as follows: (a) Interior side yard setback shall be twenty(20) percent of lot frontage total with not less than seven (7) feet on a side. (b) Exterior side yard setback shall be twenty (20) percent of lot frontage total with not less than fifteen (15) feet, from any public ROW. 4.3.08 Setback(Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional right-of-way dedication will be required to widen the alley to twenty-four (24) feet for mixed use and commercial projects. No more than one-half (1/2) of the total alley dedication shall be from one (1) side. 4.3.09 Setback (Upper Story). The covered portion of all stories above the second shall be set back an average of an additional ten (10) feet from the second story facade 4.3.10 Open Space. Public open space and pedestrian access, subject to approval of the Director, may be required for development projects one full block or greater in size; in order to assure a predominantly visitor-serving orientation. 4.sg\dntn308\3/8/95 RLS 95-069 0 ! 4.5 DISTRICT #3: VISITOR-SERVING COMMERCIAL Purpose. This District is limited to the five blocks fronting on Pacific Coast Highway across from the City pier. The visitor-serving category is broad enough to include many commercial activities which will also serve the needs of the surrounding community, providing an off-season clientele for the District. The plan also allows residential and office uses in this District so long as the required visitor-serving commercial is provided. Large amounts of ground level open space are encouraged in this District to further promote the feeling of openness and to provide additional view opportunities. Boundaries. District#3 includes the area between PCH and Walnut, from 6th to 1 st Street. 4.5.01 Permitted Uses. (a) The following list of uses which establishes a commercial core and which serves as the transition between visitor-serving and year round commercial uses in District No. 3 may be allowed. Other 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: Art gallery Bakeries Banks and savings and loans branch offices (no drive-up windows; not to exceed five thousand (5,000) square feet) Barber, beauty, manicure shops Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies • Carts and kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Bookstores Clothing stores Delicatessens Drug stores Florists Ice cream parlors Newspaper and magazine stores Newstands Outdoor dining pursuant to S.4.2.32 Photographic equipment sales Photographic processing Shoe stores Sporting goods Tourist related public and semi-public buildings, services and facilities Travel Agency (b) The following list of uses, and any new construction, rehabilitation, or change of such use in District No. 3 may be allowed subject to approval of a Conditional Use Permit. For example: 4.sg\dntn308\3/8/95 RLS 95-069 Dancing and/or live entertainment Health and sports clubs Hotel and licensed bed and breakfast designed as a commercial establishment Liquor stores Permanent Parking lots and parking structures Restaurants Residential uses Retail sales, outdoor Theaters Note: The ground floor or street level of all buildings in this District shall be devoted to visitor-serving commercial activities. (c) The ground floor or street level of all buildings in this District fronting Main Street and Pacific Coast Highway shall be devoted to visitor-serving commercial activities. (d) Visitor-serving commercial uses must be a part of all development proposed in this District with a minimum requirement that the entire street level, or at least one- third (1/3) of the total floor area be devoted to visitor-serving commercial uses. (e) Residential uses shall only be permitted if the development includes consolidation of a one block or greater area. Note: Residential uses are allowed only in conjunction with visitor-serving commercial uses. Up to one-half(1/2) of the floor area of projects may be devoted to residential uses. (f) The required visitor-serving commercial portion of any project shall be provided prior to or at the same time as any residential portion. No residential unit shall be occupied until the required commercial portion is complete. (g) In the event of a consolidation of a minimum one block area, non-priority (residential) uses may be located in separate structures or on separate portions of the parcel in the context of a planned development, provided no less than one-half of the total floor area permitted is devoted to visitor-serving uses, and provided that substantial public open space and pedestrian access amenities are provided to maintain a predominantly visitor-serving orientation. 4.5.02 Minimum Parcel Size. The minimum parcel size for development shall be 2,500 square feet of net site area and twenty-five (25) feet of frontage. 4.5.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by floor area ratios (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be calculated on net acreage. 4.sg\dntn308\3/8/95 RLS 95-069 (a) The maximum floor area for developments in this District shall be calculated with the following multiples: Lot Size Maximum FAR less than half block 2.0 one-half block-full block 2.5 full block or greater 3.0 (b) The maximum allowable number of residential dwelling units (du) shall be 1 du/ 1,452 square feet of net lot area or thirty(30) units per net acre. 4.5.04 Maximum Building Height. The maximum building height shall be as follows: Lot Size Hecht less than full block 3 stories/35 feet full block or greater 4 stories/45 feet 4.5.05 Maximum Site Coverage. No maximum site coverage required. 4.5.06 Setback(Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifteen(15) feet. Exception: Parcels fronting on Fifth and Third Streets may be reduced to five (5) feet. Parcels fronting on Main Street must develop to a build-to-line* five (5) feet from the property line. *Note: The build-to requirement can be satisfied by extending any of the following to five (5) feet of the property line: 1) the facade of the ground floor level; 2) a plaza or patio used for open-air commercial activity; 3) a low-wall or fence (not exceeding forty- two (42) inches in height), planters or other architectural features, which extend along at least fifty(50) percent of the frontage along the lot line; 4) two (2) side walls and second story facade. Note: The following may be permitted in the front yard setback on 5th Street, 3rd Street, Main Street, First Street and PCH: benches, bicycle racks, transparent wind screens and open-air commercial facilities. Note: An additional ROW dedication will be required for parcels fronting on PCH of five (5) feet, for additional parkway and sidewalk; and two and one-half(2-1/2) feet for parcels fronting on Sixth Street. 4.5.07 Setback Side Yard). The minimum aggregate side yard requirements shall be as follows: (a) Parcels fronting on Sixth, Second and Lake Streets require twenty (20) percent of lot frontage, with not less than seven (7) feet for an interior yard and not less than fifteen (15) feet for an exterior yard, from a public ROW. (b) Parcels fronting on Fifth, Main and Third Streets and Pacific Coast Highway require zero foran interior yard. Exterior side yard requirements shall equal the front yard setback for the respective street. 4.sg\dntn308\3/8/95 RLS 95-069 4.5.08 Setback(Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional ROW dedication will be required to widen the alley to twenty-four (24) feet. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. 4.5.09 Setback Upper Story). Upper story setbacks for this District shall be as follows: (a) Parcels fronting PCH, 6th, 2nd and First Streets: all stories above the second shall be set back an average of twenty-five (25) feet from the ultimate street ROW. Up to fifty (50) percent of the building frontage may be set back fifteen(15) feet from the ROW, providing that the average setback on upper stories is no less than twenty-five (25) feet. (b) Parcels fronting on 5th and 3rd Street: any part of the building facade above the second story shall be set back ten (10) feet from the first story facade. (c) Parcels fronting on Main Street: no building or portion of a building above the second story shall be within ten(10) feet of the build-to line. (d) Structures exceeding thirty-five (35) feet in height: the portion of the structure above 35 feet in height shall be set back a minimum of ten(10) feet from the interior side yard property line. 4.5.10 Open Space. All development projects within this District shall provide public open space. A minimum of ten (10) percent of the net site area must be public open space. (a) Full block developments on Main Street require public plazas at the corner of PCH and Main Street. These street level public plazas shall be incorporated into the design of the development and approved by the Director. Such plazas shall have the following characteristics: Location: street level corner; one side must face Main Street. Area: not less than one thousand (1,000) square feet excluding public right- of-way. Landscaping: not less than thirty (30) percent of the plaza area should be planted. Paving: all paved areas shall be textured. Visual Feature: plazas must include a sculpture, fountain, information kiosk, pond, display, or similar visual amenity. Public Seating shall be provided. Open Air Commercial: not more than fifty (50) percent of the plaza area may be used for open air commercial uses. 4.sg\dntn308\3/8/95 RLS 95-069 0 • 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 Lake 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 5.4.2.32 s 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 of the Design Review Board in lieu of a conditional use permit. (b) The following list of uses, and any new construction, rehabilitation, 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 within a single structure; . Be provided with separate pedestrian ingress and egress; 4.sg\dntn308\3/8/95 RLS 95-069 • • Be provided with secured, designated parking. 4.6.02 Minimum Parcel Size. The minimum parcel size for development shall be twenty-five hundred (2500) square feet and twenty (25) feet of frontage. However, existing lots twenty-five (25) feet in width or greater shall not be subdivided to create smaller parcels. 4.6.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by Floor Area Ratio (FAR) for the District. The Floor Area Ratio shall apply to the whole District. The Floor Area Ratio shall be 1.5 calculated on net acreage. Lot Size (Frontage) Maximum Allowable Density Less than 50' 1 du 51' up to full block 1 du/1,452 sq.ft. of net lot area or 30 units per net acre 4.6.04 Maximum Building Height. The maximum building height shall be thirty-five (35) feet and no more than three (3) stories. 4.6.05 Maximum Site Coverage. The maximum site coverage shall be fifty (50) percent of the net site area. 4.6.06 Setback (Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height, shall be fifteen (15) feet. Note: An additional ROW dedication will be required for parcels fronting on Sixth Street, of two and one-half(2-1/2) feet. 4.6.07 Setback (Side Yard). The minimum aggregate side yard requirements shall be as follows: (a) Parcels with one hundred (100) feet or less of frontage require twenty (20) percent of the lot frontage, with not less than three (3) feet on a side. Exterior yards require not less than five (5) feet from a public ROW. Exception: Garages located on a single twenty-five (25) foot wide lot., will be allowed an exterior yard reduction to not less than three (3) feet from a public ROW. * Note: Twenty-five (25) foot wide lots may have a zero interior side yard setback on one side if. 1) adjacent property is under same ownership and developed at the same time; 2) at least five (5) feet is provided on the opposite side yard of both properties; 3) no portion of a building at a zero lot line is closer than six (6) feet to an adjacent building, if the buildings are not abutting. (b) Parcels with greater than one hundred (100) feet but less than a half block of frontage require twenty (20) percent of the frontage, with not less than seven (7) feet on any interior yard, and not less than fifteen (15) feet for an exterior yard, from a public ROW. 4.sg\dntn308\3/8/95 RLS 95-069 0 (c) Parcels with greater than a half block of frontage require not less than seven (7) feet on any interior yard and not less than fifteen (15) feet for an exterior yard, from a public ROW. 4.6.08 Setback Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional ROW dedication may be required to widen the alley to twenty-four (24) feet). No more than one-half(1/2) of the total alley dedication shall be from one (1) side. 4.6.09 Setback (Upper Story). The covered portions of all stories above the second shall be set back an average of an additional ten (10) feet from the second story facade. 4.6.10 Open Space. No public open space shall be required in this District. 4.sg\dntn308\3/8/95 RLS 95-069 4.7 DISTRICT #5: MIXED-USE; COMMERCIAL/OFFICE/RESIDENTIAL Purpose. This District includes the blocks on either side of and including Main Street, and constitutes the oldest commercial area in the City. The purpose of this District is to re-establish the area as the Downtown for the City by creating a more urban atmosphere, encouraging relatively higher intensity development with viable commercial office and residential uses. View corridors along with height and orientation restrictions in the development requirements of this District are intended to focus development on the Main Street corridor. The Main Street-pier axis is intended to be an active, vital and interesting pedestrian way, intersecting with and complementing the visitor-serving commercial area on PCH and the pier area. The District promotes mixed uses of commercial, office and residential developments. Boundaries. District #5 includes the area from the alley between 6th and 5th Streets to the alley between 3rd and 2nd Streets and the 1st Street frontage (on the northwest side) from Walnut to Orange Avenues. 4.7.01 Permitted Uses. (a) The following list of uses which establishes a commercial core and which serves as the transition between visitor-serving and year round commercial uses in District No. 5 may be allowed. Other commercial/office/residential related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For Example: Antique stores Art gallery Bakeries Banks and savings and loans branch offices Barber, beauty, manicure shops Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores Boutiques • Carts and kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Clothing stores Delicatessens Drug stores Dry cleaning Florists Groceries General retail Hardware stores Hobby supplies Ice cream parlors Jewelry stores Laundromats Newsstands Office Supplies Offices Outdoor dining pursuant to 5.4.2.32 4.sg\dntn308\3/8/95 RLS 95-069 0 • Photographic equipment sales Photographic processing Shoe repair Shoe stores Sporting goods Stationery stores Tailor shops Travel agency (b) The following list of uses, and any new construction, rehabilitation, or change of such use in District No. 5 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 Restaurants Residential uses (c) The street level of all buildings fronting Main Street and 5th Street in this District shall be devoted to commercial activities. (i) Commercial or residential may be permitted on the street level between Olive and Orange Avenue fronting 5th Street and 3rd Street. (d) The following uses may be permitted above the first floor: (i) Commercial Use - all commercial uses allowed on the first floor may be allowed on the second floor. (ii) Office Use - professional, general business and non-profit offices provided that: No sales either wholesale or retail which involve delivery of any goods or material to or from the premises occur. No inventory is kept on the premise other than samples. No processing, manufacturing, storage or repair of merchandise of any kind occurs. (iii) Residential Use - Residential uses are allowed only in conjunction with commercial uses in this District. Up to one-third (1/3) of the floor area of projects on parcels smaller than one-half(1/2) block may be devoted to residential uses; projects on one-half(1/2) block or larger parcels, up to two-thirds (2/3) of the floor area may be devoted to residential uses provided that residential uses in addition to the following: Be segregated to a separate structure or restricted to the second story or above; 4.sg\dntn308\3/8/95 RLS 95-069 Not occupy any portion of the same story with non-residential uses, unless they are provided with adequate physical and acoustical separation; Be on contiguous floors within a single structure; Be provided with separate pedestrian ingress and egress; Be provided with secured, designated parking. 4.7.02 Minimum Parcel Size. The minimum parcel size for development shall be twenty-five hundred (2500) square feet and twenty-five (25) feet of frontage. 4.7.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by floor area ratio (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be 2.0 calculated on net acreage. (a) The maximum allowable number of residential dwelling units (du) shall be 1 du/1,742 square feet of net lot area or twenty-five (25) units per net acre. 4.7.04 Maximum Building Height. The maximum building height shall be as follows: Lot Size (Frontage) Height less than a full block 3 stories/35 feet full block 4 stories/45 feet 4.7.05 Maximum Site Coverage. No maximum site coverage shall be required in this District. 4.7.06 Setback (Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifteen (15) feet. Exception: Parcels fronting on Fifth and Third Streets may be reduced to five (5) feet and parcels fronting on Main Street must develop within five (5) feet of the property line. *Note: The build-to requirement can be satisfied by extending any of the following to five (5) feet of the property line: 1) the facade of the ground floor level; 2) a plaza or patio used for open-air commercial activity; 3) a low-wall or fence (not exceeding forty- two (42) inches in height), planters or other architectural features, which extend along at least fifty (50) percent of the frontage along the lot line; 4) two (2) side walls and second story facade. Note: The following may be permitted in the front yard setback on Fifth Street, Third Street, and Main Street: benches, bicycle racks, transparent wind screens and open-air commercial facilities. 4.7.07 Setback (Side Yard). The minimum side yard requirements shall be as follows: (a) Interior yard requirements shall be zero. 4.sg\dntn308\3/8/95 RLS 95-069 (b) Exterior yards require five (5) feet from a public ROW. 4.7.08 Setback Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional ROW dedication will be required to widen the alley to twenty-four (24) feet. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. 4.7.09 Setback Upper Story. The covered portion of all stories above the second shall be set back an average of an additional ten (10) feet from the second story facade. 4.7.10 Open Space. Parcels within this district having one hundred (100) feet or more of street frontage, shall provide public open space. All non-residential developments shall provide a minimum of ten (10) percent of the net site area as public open space. Exception: Mixed use developments which include residential units, may reduce the public open space to five (5) percent of the net site area. Full block developments on Main Street require public plazas. These street level public plazas shall be incorporated into the design of the development and approved by the Director. Such plazas shall have the following characteristics: Location: street level corner; one side must face Main Street. Area: not less than one thousand (1,000) square feet excluding public right-of- way. Landscaping: not less than thirty (30) percent of the plaza area should be planted. Paving: all paved areas shall be textured. Visual Feature: plaza must include a sculpture, fountain, information kiosk, pond, display, or similar visual amenity. Public Seating shall be provided. Open Air Commercial: not more than fifty (50) percent of the privately owned publicly used plaza area may be used for open air commercial uses. This provision will be subject to the standards outlined in the Carts and Kiosks Ordinance. 4.sg\dntn308\3/8/95 RLS 95-069 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 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.4.2.32 Photographic studios Photographic equipment sales Photographic processing Public facilities Shoe repair Shoe stores Sporting goods Tailor shops Travel agency Undertakers 4.sg\dntn308\3/8/95 RLS 95-069 (b) The following list of uses, and any new construction, rehabilitation, 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 the Design Review Board process. (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/Intensi�y. The maximum intensity of development shall be calculated by floor area ratio (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be calculated on net acreage. (a) The maximum allowable number of residential dwelling units shall be 1 du/1,742 square feet net lot area or twenty-five (25) units per net acre. (b) Lot Size Maximum FAR Less than half-block 1.5 Half-block or greater 2.0 4.8.04 Maximum Building Height. The maximum building height shall be as follows: Lot Size (Frontage) 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; 4.sg\dntn308\3/8/95 RLS 95-069 • Exception: Parcels fronting on Fifth and Third Streets may be reduced to five (5) feet and parcels fronting on Main Street must build to within (5) feet of the property line. *Note: The build-to requirement can be satisfied by extending any of the following to within five (5) feet of the Property line: 1) the facade of the ground floor level; 2) a plaza or patio used for open-air commercial activity; 3) a low-wall or fence (not exceeding forty-two [42] inches in height), planters or other architectural features, which extend along at least fifty (50) percent of the frontage along the lot line; 4) two (2) side walls and second story facade. Note: The following may be permitted in the front yard setback on Fifth Street, Third Street and Main Street: benches, bicycle racks, transparent wind screens and open-air commercial facilities. 4.8.07 Setback (Side Yard). The minimum side yard requirements shall be as follows: (a) Interior yard requirements, for residential development, shall be ten (10) feet; non residential may be reduced to zero. (b) Exterior yards require not less than fifteen (15) feet, from a public ROW. 4.8.08 Setback(Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional ROW dedication will be required to widen the alley to twenty-four (24) feet. No more than one-half(1/2) of the total alley dedication shall be from one (1) side. 4.8.09 Setback (Upper Story). The covered portion of all stories above the second shall be setback an average of an additional ten (10) feet from the second story facade. 4.8.10 Open Space. Parcels within this District having one hundred (100) feet or more of street frontage, shall provide public open space. All non-residential developments shall provide a minimum of five percent (5%) of the net site area as public open space on the street level, or above a semi-subterranean parking structure. Access to the public space shall be provided from the street level. Mixed use developments which include residential units, shall also provide public open space to five (5) percent of the net site area. Full block developments on Main Street require public plazas. These street level public plazas shall be incorporated into the design of the development and approved by the Director. 4sg\dntn308\3/8/95 RLS 95-069 4.9 DISTRICT #7: VISITOR-SERVING COMMERCIAL Purpose. This District extends southeast of the Downtown core adjacent to Pacific Coast Highway. The principal purpose of this District is to provide commercial facilities to serve seasonal visitors to the beaches as well as to serve local residents on a year round basis. This District also provides a continuous commercial link between the Downtown and the visitor-commercial/recreation District near Beach Boulevard. Boundaries. District #7 extends from First Street to Huntington Avenue between PCH and the proposed Walnut Avenue extension. 4.9.01 Permitted Uses. (a) The following list of Visitor-Serving Commercial uses in District No. 7 may be allowed. Other 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: Art gallery Bakeries Banks and savings and loans branch offices (not to exceed five-thousand (5,000) square feet) Beach, swimming and surfing equipment Bicycle sales, rental and repair Boat and marine supplies Bookstores • Carts and kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Clothing stores Delicatessens Florists Groceries (convenience) Ice cream parlors Laundromats, laundries Meat or fish markets Newspaper and magazine stores Newsstands Outdoor dining pursuant to 5.4.2.32 Photographic equipment sales Photographic processing Professional Office (not to exceed fifty [50] percent of total floor area) Public Transportation Center Shoe stores Sporting goods Tourist related public and semi-public buildings, services and facilities Travel agency Note: Visitor-serving commercial uses must be a part of all development proposals in this District, with a minimum requirement that the entire street level be devoted to Visitor-Serving Commercial Uses. 4.sg\dntn308\3/8/95 RLS 95-069 • • (b) The following list of uses, and any new construction, rehabilitation, or change of such use in District No. 7 may be allowed subject to the approval of a Conditional Use Permit. For example: Automobile service stations Dancing and/or live entertainment Health and sports clubs Hotels and motels Liquor stores Permanent parking lots and parking structures Restaurants Taverns Theaters 4.9.02 Minimum Parcel Size. No minimum parcel size shall be required for this District. However, prior to the approval of any development, a master site plan for the entire District shall be approved by the Planning Commission. Development which is in conformance with the site plan may then be permitted. 4.9.03 Maximum Density/Intensity. (a) The maximum intensity of development shall be calculated by Floor Area Ratio (FAR) for the District. The floor area ratio shall apply to the whole District. The floor area ratio shall be 3.0 calculated on net acreage. 4.9.04 Maximum Building Height. The maximum building height shall be four (4) stories and forty-five (45) feet. 4.9.05 Maximum Site Coverage. The maximum site coverage shall be fifty (50) percent of the net site area. 4.9.06 Setback Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifty (50) feet from PCH. 4.9.07 Setback (Side Yard). The minimum exterior side yard requirement shall be twenty (20) feet. 4.9.08 Setback Rear Yard). The minimum rear yard setback shall be twenty (20) feet from the proposed Walnut Avenue extension. Note: An additional ROW dedication will be required to provide for the Walnut Avenue extension. 4.9.09 Setback (Upper Story). The covered portions of all stories above the second shall be setback an average of an additional ten (10) feet from the second story facade. 4.9.10 Open Space. A minimum of fifteen (15) percent public open space and/or pedestrian access shall be required for development projects in order to assure a predominantly visitor-serving orientation. 4.9.11 Corridor Dedication. Development in District #7 shall require the dedication of a twenty (20) foot corridor between Atlanta Avenue and PCH for public access between the southern end of the Pacific Electric ROW and PCH. This requirement may be 4.sg\dntn308\3/8/95 RLS 95-069 • • waived if an alternative is provided or if the corridor is deemed unnecessary by the City. Any proposal for an alternative must be approved by the Planning Commission. 4.9.12 Mobile home District. A portion of District#7 is zoned for mobile home use. Within this mobile home area, the provisions of the Mobile home District of the Huntington Beach Ordinance Code shall apply (See Section 4.16). The Mobile home Overlay may only be removed as set forth in the Specific Plan subject to compliance with the provisions of the Mobile home Overlay Zones/Removal/Rezoning/Change of Use Article of the Huntington Beach Ordinance Code. 4.sg\dntn308\3/8/95 RLS 95-069 0 • 4.11 DISTRICT #9: COMMERCIAL/RECREATION Purpose. The purpose of this District is to encourage large, coordinated development that is beach-oriented and open to the public for both commercial and recreational purposes. Boundaries. District #9 is bounded by PCH on the south, Beach Boulevard on the east, Huntington Street on the west, and on the north by the proposed Walnut Avenue extension. 4.11.01 Permitted Uses. (a) The following list of commercial recreation uses in District No. 9 may be allowed. Other related uses not specified herein may be allowed subject to the approval of the Director. A change of use shall be subject to the approval of the Director. For example: • Carts and kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Retail sales Tourist related uses Outdoor dining pursuant to 5.4.2.32 (b) The following list of uses, and any new construction, rehabilitation, or change of such use in District No. 9 may be allowed subject to approval of a Conditional Use Permit. For example: Dancing and/ or Live entertainment Hotels, motels Recreational facilities Restaurants 4.11.02 Minimum Parcel Size. No minimum parcel size shall be required for this District. However, prior to approval of a Conditional Use Permit by the Planning Commission for any development, a master site plan for the entire District shall be approved by the Planning Commission. Development which is in conformance with the site plan may then be permitted. 4.11.03 Maximum Density/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 floor- area for developments in this District shall be calculated with a multiple of 3.0. 4.11.04 Maximum Building Height. No maximum building height shall be required. 4.11.05 Maximum Site Coverage. The maximum site coverage shall be thirty-five (35) percent of the net site area. Note: A maximum of twenty-five (25) percent of the net site area can be used for parking and vehicular accessways. 4sg\dntn308\3/8/95 RLS 95-069 0 0 4.11.06 Setback (Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifty (50) feet, from PCH and Beach Boulevard. 4.11.07 Setback Side Yard). The minimum exterior side yard requirement shall be twenty (20) feet. Exception: The minimum exterior yard requirement from Beach Boulevard shall be fifty (50) feet. 4.11.08 Setback Rear Yard). The minimum rear yard setback shall be twenty (20) feet. Note: An additional ROW dedication will be required to provide for the Walnut Avenue extension. 4.11.09 Setback (Upper Sto1y). No upper story setback shall be required. 4.11.10 Open Space. Development projects within this District shall provide public open space. A minimum of twenty-five (25) percent of the net site area must be provided for such a purpose. This area shall be available for public or semi-public uses for recreational purposes. Open space must have minimum dimensions of twenty-five (25) feet in each direction . Paved areas devoted to streets, driveways and parking areas may not be counted toward this requirement. A maximum of fifteen(15) percent of the required twenty-five (25) percent may be enclosed recreation space such as gyms, handball courts, health clubs, interpretive centers or similar facilities. A fee may be imposed for the use of such facilities. 4.11.11 Pedestrian Overpass. A pedestrian overpass may be required to connect the development in this District to the City Beach, as a condition of approval for any new development on, or further subdivision of, parcels within the District. The City may waive this requirement if the City determines that overpasses are unnecessary or impractical considering the type and design of new developments. 4.11.12 Mobile home District. A portion of District #9 is zoned for mobile home use. Within this mobile home area, the provisions of the Mobile home District of the Huntington Beach Ordinance Code shall apply (see Section 4.16). 4.sgldntn308\3/8/95 RLS 95-069 4.12 DISTRICT #10: PIER-RELATED COMMERCIAL Purpose. This District is intended to provide for commercial uses on and alongside the pier which will enhance and expand the public's use and enjoyment of this area. Uses are encouraged which capitalize on the views available from the pier and the unique recreational or educational opportunities it affords. At the same time, care must be exercised to insure that the major portion of the pier will remain accessible to the public at no charge, for strolling, fishing or observation. Boundaries. Shall be consistent with the Coastal Element of the General Plan. 4.12.01 Permitted Uses. (a) The following list of pier related commercial uses in District No. 10 may be allowed. Other related uses not specified herein may be allowed subject to the approval of the Director. A change of use shall be subject to the approval of the Director. For example: Bait and tackle shops Beach rentals • Carts and ]kiosks pursuant to Section 230.94 of the Huntington Beach Municipal Code Retail sales (beach-related) Outdoor dining pursuant to 5.4.2.32 (b) The following list of uses, and any new construction, rehabilitation, or change of such use in District No. 10 may be allowed subject to approval of a Conditional Use Permit. For example: Aquariums Commercial uses or public recreation facilities (beach-related) Museums Parking lots that will not result in the loss of recreational sand area. Tiered parking is permitted within the Downtown Specific Plan area on existing lots seaward of Pacific Coast Highway provided the parking is designed so that the top of the structures including walls, etc., are located a minimum of one foot below the maximum height of the adjacent bluff. Restaurants (including fast food with take out windows) Note: Only parking uses are permitted in this District northwest of Sixth Street. 4.12.02 Minimum Parcel Size. No minimum parcel size shall be required in this District. 4.12.03 Maximum Density/Intensity. No maximum density or intensity requirement shall be applied in this District. 4.12.04 Maximum Height. The maximum building heights shall be twenty-five (25) feet and no more than two (2) stories above the pier level. Exception: The maximum building height on the pier (excluding the end of the pier cafe) and northwest of the pier shall be one (1) story. No maximum building height shall be required for lifeguard towers or other facilities necessary for public safety. No 4.sg\dntn308\3/8/95 RLS 95-069 a 0 parking surface or structure shall exceed the minimum of one foot below the maximum height of the adjacent bluff. 4.12.05 Maximum Site Coverage. No maximum site coverage shall be required. Exception: No more than twenty-five (25) percent of the pier shall be covered by any building or roofed structure. In addition, buildings or other roofed structures shall not be constructed along more than twenty-five (25) percent of the perimeter of the pier. 4.12.06 Setback Front Yard). No minimum front yard setback shall be required. 4,12.07 Setback (Side Yard). No minimum side yard setback shall be required. 4.12.08 Setback Rear Yard). No minimum rear yard setback shall be required. 4.12.09 Setback Upper Story). No minimum upper story setback shall be required. 4.12.10 Open Space. Public open space and pedestrian access shall be major considerations of development in this District. All new development shall provide sufficient clear width along the length of the pier for public access, emergency and service vehicles. In addition, public walkways along the pier edge or around the perimeter of new development must be provided. 4.sg\dntn308\3/8/95 RLS 95-069 LEGISLATIVE DRAFT a.. fill one............ Sections: 203.02 Applicability 203.04 Rules for Construction of Language 203.06 Definitions 203.02 Applicability The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning and subdivision ordinance, except where the context clearly indicates a different meaning or construction. 203.04 Rules for Construction of Language In addition to the General Provisions Chapter 1.04 of the Municipal Code, the following rules of construction shall apply: A. The particular shall control the general. B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected words or provisions shall apply. 2. "Or" indicates that the connected words or provisions apply singly. 3. "Either . . . or" indicates that the connected words or provisions shall apply singly but not in combination. 4. "And/or" indicates that the connected words or provisions may apply singly or in any combination. C. In case of conflict between the text and a diagram, the text shall control. D. All references to departments, commissions, boards, or other public agencies are to those of the City of Huntington Beach, unless otherwise indicated. E. All references to public officials are to those of the City of Huntington Beach, and include designated deputies of such officials, unless otherwise indicated. Chapter 203 203-1 10/3/94 4�s\C:l egdr3 08\3/8/95 0 • F. All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or City holiday, it shall be extended to the next working day. G. Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. H. The words "activities" and "facilities" include any part thereof. 203.06 Definitions Abutting. Having district boundaries or lot lines or combinations thereof in common. Access. Lateral: Public access along the coast. Access, Vertical: Public access from the nearest public roadway to the shoreline. Alley. A public or private way having an ultimate width of not less than 20 feet permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. Alter. To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders, that will prolong the life of the structure. Amendment. A change in the wording, context or substance of this ordinance, or a change in the district boundaries on the zoning map. Animal. Exotic. Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display. Animal. Lame. An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables. Animal, Small. An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept in kennels. Antenna. Any structure, including but not limited to a monopole, tower, parabolic and/or disk shaped device in single or multiple combinations of either solid or mesh construction, intended for the purposes of receiving or transmitting communications to or from another antenna, device or orbiting satellite, as well as all supporting equipment necessary to install or mount the antenna. Antenna Amateur Radio. An Antenna array and its associated support structure, such as a mast or tower, that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur station licensed by the Federal Communications Commission. Antenna, Communication. All types of receiving and transmitting antenna, except satellite dish antenna, including but not limited to cable television antenna, cellular radiotelephone cell antenna, FM digital communication antenna, microwave telephone communication antenna, amateur radio antenna, and short-wave communication antenna and other similar antenna. Chapter 203 203-2 10/3/94 4\s\C:I cgdr3 0 8\3/8/9 5 • • 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 s Area to be dedicated F9� 250' .57 .53 gross acre net acre 230' I' 100' _I' 100' _I 203-area.BMP LOT AREA Arterial. Any street, highway or road designated as an arterial street in the General Plan. Attached Structures. Two or more structures sharing a common wall or roof. Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet. Chapter 203 203-3 10/3/94 4\s\C:legdr308\3/8/95 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. P 7�7 7 Roof Second Story First Story Finished If this basement ceiling is more than 4'ft.from Grade Basement average adjoining finished L _ _ _ _ grade,the basement is considered a story. 203-BASE BASEMENT Bay Window. A window that projects out from an exterior wall. Bedroom. The term bedroom includes any room used principally for sleeping purposes, an all- purpose room, a study, a den, a room having 100 square feet or more of floor area or less than 50 percent of one wall open to an adjacent room or hallway. Blockface. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of- way, unsubdivided land, watercourse, or city boundary. IL�A I LI 203-BLK BLOCKFACE Boarding House. A building with not more than five guest rooms where lodging and meals are provided for not more than 10 persons, but shall not include rest homes or convalescent homes. Guest rooms numbering six or over shall be considered a hotel. Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. Caretaker's quarters. A dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker. Chapter 203 203-4 10/3/94 4\s\C:le gdr3 Q 8\3/8/9 5 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_ 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. 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). Chapter 203 203-5 10/3/94 4\s1C:legdr30 8\3/8/9 5 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 (25%) percent or greater over the number permitted pursuant to the current zoning and general plan designation on the property. Director. The Community Development Department Director 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. 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. Chapter 203 203-6 10/3/94 4\s\C:Iegdr308\3/8/95 Family. 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, social, and technological factors. 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. FAR of 0.5 FAR of 1.0 FAR of 1.5 203-FAR FLOOR AREA RATIO FAR Fronta—e. 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. Chapter 203 203-7 10/3/94 4\s\C:l egdr308\3/8/95 0 • 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.) 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. Landscaping. An area devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements. Plants on rooftops, porches or in boxes attached to buildings are not considered landscaping. Chapter 203 203-8 10/3/94 4\s\C:Iegdr308\3/8/9 5 Landscaping, Interior. A landscaped area or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas). Landscaping, Perimeter. A landscaped area adjoining the exterior boundary of a parking or loading area, or similar paved area, excluding driveways or walkways which provide access to the facility. Perimeter Landscape interior Landscape = _ Interior Landscape Interior Landscape 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 w Lot hrough Lot Interior Flag Interior Interior Corner Lot I Lot Lot Lot Lot Reversed Corner Lot STREET �. LOT TYPES 203-LOT Lot, Corner. A site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees. Chapter 203 203-9 10/3/94 4\s\C:legdr3 08\3/8/95 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, Flag. A lot with developable area connected to a street by a narrow strip of land that includes a driveway. Lot or Property Line, Rear. A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line. Lot or Property Line, Front. The street property line adjacent to the front yard. Lot or Property Line, Interior. A lot line not abutting a street. Lot or Property Line, Side. Any lot line that is not a front lot line or a rear lot line. Lot or Property Line, Street. A lot line abutting a street. Lot, Reverse Corner. A corner lot, the side line of which is substantially a continuation of the front lot line of the lot to its rear. Lot, Street-Alley. An interior lot having frontage on a street and an alley. Lot, Through. A lot having frontage on two dedicated parallel or approximately parallel streets. Lot Width. The mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at mid-points 20 feet from the front lot line and 20 feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line. Lower Income Household. A household whose annual income is at or below eighty (80%) percent 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. XNX Mezzanine:mamimum 33 percent of floor area below. Floor Be low MEZZANINE Chapter 203 203-10 10/3/94 4`s\C:lcgdr308\3/8/95 • • 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. Net Site Area. See Area, Net Lot. New Well. A new well bore or well hole established at the ground surface. Redrilling from the well bore or well hole of an existing well greater than 150 feet from the existing well bore shall constitute a new well. Nonconforming Structure. A structure that was lawfully erected but which does not conform with the current development standards. Nonconforming Use. A use of a structure or land that was lawfully established and maintained, but which does not conform with the current zoning ordinance. Off-Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas. Off-Street Parking Facilities. A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas. Oil operation. The use or maintenance of any installation, facility, or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions: drilling, rework, repair, redrilling, production, processing, extraction, assisted recovery, stimulation storage or shipping of oil gas or hydrocarbons from the subsurface of the earth. Oil operation site. The physical location where an oil operation is conducted. Open Space, Common. A usable open space within a residential development reserved for the exclusive use of residents of the development and their guests. Open Space, Private. A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Open Space, Total. The sum of private and common open space. Open Space, Usable. Outdoor or unenclosed area on the ground, or on a balcony, deck, porch or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscaping. Usable open space does not include parking facilities, driveways, utility or service areas, any required front or street side yard, any space with a dimension of less than 6 feet in any direction or an area of less than 60 square feet. Chapter 203 203-11 10/3/94 4\s\C:Iegdr3 08�3/8/9 5 min min min �6ft_ 10ft. 4 10ft. Patio Terrace Balcony Front Yard Private Open Space Private Open Space Common Open Space USABLE OPEN SPACE Oversize Vehicle. Any vehicle which exceeds twenty-five (25) feet in length, seven (7) in width, seven (7) in height, or a weight of 10,000 pounds, motorized or nonmotorized. Oversize vehicle also includes any equipment or machinery regardless of size. Parking Structure. A structure used for parking or vehicles where parking spaces, turning radius, and drive aisles are incorporated within the structure. Patio. A paved court open to the sky. Permitted Use. A use of land that does not require approval of a conditional use permit or temporary use permit. Planned Unit Development SPUD). 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, partners ip, or a group of individuals as opposed to public property. 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 w is includes but is not limited to streets, alleys, parks, public rights of ways, and sidewalks. Qualifying Senior Resident. A person who is 62 years of age or older. (Section 51.2 of the California Civil Code.) Chapter 203 203-12 10/3/94 4\s\C:legdr3 08\3/8/9 5 Remodel. The upgrade of the interior or exterior faces of a building or structure without altering to any degree the structural integrity. Residential Infill Lot. A vacant parcel of land intended for single family residential development which is adjacent to one or more existing single family dwelling units excluding parcels which are separated by streets. 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 ection 0. 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). Stock Cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. Story. That portion of a building included between the surface of any floor and the surface of the floor or finished undersurface of the roof directly above it. Structure. Anything constructed or erected that requires a location on the ground, excluding 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. Chapter 203 203-13 10/3/94 4\s\C:lcgdr3 0 8\3/8/9 5 • 0 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. 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. Chapter 203 203-14 10/3/94 4\s\C:I egdr30 8\3/8/95 STREET REAR YARD FRONT YARD LOT LINE ,,, LOT LINES �,....... .. �......»...... .I err_' ... w } w Lu w i~A 9 m I fj H I tn Q5 t y I I 9,pO o I I ti w I i w � w � STREET FRONT YARD ,STREET FRONT YARD STREET FRONT YARD I CORNER LOT EXAMPLES REAR YARD-- REAR YARD REAR YARD I Q SIDE r. I } YAR w of I o I w I N I SIDEYARDS I - STREET tFRONT YARD STREET LFRONTYARD STREET FRONT YARD INTERIOR LOT EXAMPLES REAR YARD REAR YARD �—LOT LINES < SIDE \ YAR I. LEGEND IDE \ ARDS I`I :::::=:::»mac:»::�.. \ ""'"""""""""'`' BUILDING(ZONING) ENVELOPE \ STREET I ' L — — — (TWO DIMENSIONAL) �. - - — — LOT LINES FRONT YARD STREET FRONT YARD SIDE YARD ODD - SHAPED LOT EXAMPLES REQUIRED YARDS Chapter 203 203-15 10/3/94 4\s\C:Iegdr308\3/8/9 5 LEGISLATIVE DRAFT Sections• 211.02 Commercial Districts Established 211.04 CO, CG, and CV Districts: Land Use Controls 211.06 CO, CG and CV Districts: Development Standards 211.08 Review of Plans 211.02 Commercial Districts Established Three (3) commercial zoning districts are established by this chapter as follows: A. The CO Office Commercial District provides sites for offices for administrative, financial, professional, medical and business needs. B. The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach. C. The CV Visitor Commercial District provides opportunities for visitor-oriented commercial activities, including retail shops, restaurants, hotels, motels and related services. 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. Chapter 211 211-1 10/3/94 4\s\A:MC211308 s • "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. (rest of page not used) Chapter 211 211-2 10/3/94 4\s\A:MC211308 P - Permitted CO, CG, and CV L -Limited (see Additional Provisions) DISTRICTS: LAND PC - Conditional use permit approved by Planning Commission USE CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U -Requires conditional use permit on site of conditional use -Not Permitted CO CG CV Additional Provisions Residential (Q)(R) Group Residential PC PC L-3 Multifamily Residential - - L-3 Public and Semipublic (A)(Q)(R) Cemetery - - - Clubs and Lodges ZA ZA ZA Community and Human Services Drug Abuse Centers - PC - Primary Health Care L-2 L-2 - 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 L-2 L-2 - Emergency Health Care L-2 L-2 L-2 Government Offices P P L-3 Heliports PC PC PC (B) Hospitals PC PC PC Park&Recreation Facilities L-9 L-9 L-9 Public Safety Facilities PC PC PC Religious Assembly PC PC - Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor P P P (L) Chapter 211 211-3 10/3/94 4\s\A:MC211308 P - Permitted CO, CG, and CV L -Limited (see Additional Provisions) DISTRICTS: LAND PC - Conditional use permit approved by Planning Commission USE CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U -Requires conditional use permit on site of conditional use -Not Permitted CO CG CV Additional Provisions Commercial Uses (J)(Q)(R) Adult Businesses - PC PC (C) Ambulance Services - ZA - Animal Sales & Services Animal Boarding - PC - Animal Grooming - P - Animal Hospitals - PC - 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 ZA ZA ZA Building Materials and Services - P - Catering Services P P P Commercial Filming P P P (F) Commercial Recreation and Entertainment - PC PC (D) Communication Facilities P P P Eating and Drinking Estab. L-4 L-4 L-4 (N) w/Fast-Food or Take-Out Service ZA ZA ZA Drive Through - L-4 L-4 w/Live Entertainment/Dancing PC PC PC (H) 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 L-3 Chapter 211 211-4 10/3/94 4\s\A:MC211308 P -Permitted CO, CG, and CV L -Limited (see Additional Provisions) DISTRICTS: LAND PC - Conditional use permit approved by Planning Commission USE CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U -Requires conditional use permit on site of conditional use -Not Permitted CO CG CV Additional Provisions Pawn Shops - ZA - Personal Enrichment Services L-2 L-2 - Personal Services P P P Research&Development Services L-1 ZA Retail Sales - P P (U) Secondhand Appliances/Clothing - P - Swap Meets, Indoor/Flea Markets - PC - (T) Swap Meets, Recurring - ZA - Tattoo Establishments - PC - (C) Travel Services P P P Vehicle Equipment/Sales & Services Automobile Rentals - L-8 L-8 Automobile Washing - L-7 - Commercial Parking - PC PC (P) Service Stations - PC PC (E) Vehicle Equip. Repair - L-5 - Vehicle Equip. Sales & Rentals - PC - Vehicle Storage - - - Visitor Accommodations Bed& Breakfast Inns PC PC PC (K) Hotels, Motels& Time Shares - PC PC (I) Residential Hotel - PC PC Single Room Occupancy - PC PC (0) Industrial (Q)(R) Industry, Custom - L-7 L-7 Accessory Uses Accessory Uses & Structures P/U P/U P/U Temporary Uses (F) Animal Shows - TU - Circus and Carnivals - TU - Commercial Filming, Limited - P P (M) Real Estate Sales ZA ZA ZA Retail Sales, Outdoor - P P (M) Seasonal Sales P P P (M) Trade Fairs - TU - Nonconforming Uses (G) Chapter 211 211-5 10/3/94 4\s\A:MC211308 0 0 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 Only allowed in conjunction with visitor-serving commercial uses. Residential uses shall be located above the ground level, and a conditional use permit from the Planning Commission is required. L-4 Permitted with a maximum seating capacity of 12; allowed with a conditional use permit from the Zoning Administrator if seating capacity exceeds 12. L-5 Only "limited" facilities are allowed subject to approval of a conditional use permit from the Planning Commission, 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 allowed with a conditional use permit from the Zoning Administrator and maximum 7 persons may be 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. (A) Limited to facilities on sites 2 acres or less. (B) See Section 230.40: Helicopter Takeoff and Landing Areas. (C) The exterior walls of a proposed adult business or tattoo establishment shall be at least 200 feet from an R district, 500 feet from public or private school or building used for religious assembly, and at least 1,000 feet from another adult business. For purposes of this requirements, all distances shall be measured in a straight line from the nearest point of the building where the adult business or tattoo establishment is to be located to the nearest lot line in the R district or the nearest lot line on which a school, building used for religious assembly, or another adult business or tattoo establishment is located. See Chapter 5.70: Adult Business; Chapter 5.24: Baths, Sauna Baths, and Massage Establishments; Chapter 5.60: Figure Model Studios; Chapter 8.70: Tattooing Establishment. (D) See Section 230.38: Game Centers and Chapter 9.28; Chapter 5.28: Dance Halls; Chapter 9.24: Card Rooms; Chapter 9.32: Poolrooms and Billards. (E) See Section 230.32: Service Stations. Chapter 211 211-6 10/3/94 4\s\A:MC211308 • • CO, CG, and CV Districts: Additional Provisions (continued) (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 (retail sales of arts and crafts, antiques,jewelry, clothing, books and gifts, flowers, and sporting goods; eating and drinking establishments; commercial recreation and entertainment; travel agencies; marine sales and services; and visitor accommodations). (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 carried on in conjunction with the sale of gasoline or other motor vehicle fuel; (2) Restaurants, bars, and liquor stores that are located 300 feet or more from any R or PS district, 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 initial construction of building for permitted use requires approval of a conditional use permit from Zoning Administrator. Chapter 211 211-7 10/3/94 4\s\A:MC211308 0 • CO, CG, and CV Districts: Additional Provisions (continued) (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 211.06 CO, CG and CV Districts: Development Standards The following schedule prescribes development standards for the CO, CG and CV districts. The first three columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (rest of page not used) Chapter 211 211-8 10/3/94 4\s\A:MC211308 • • CO, CG and CV DISTRICTS DEVELOPMENT STANDARDS CO CG CV Additional Requirements Residential Development (A)(B) Nonresidential Development (B) Minimum Lot Area (sq. ft.) 10,000 10,000 10,000 (C) Minimum Lot Width (ft.) 100 100 100 Minimum Setbacks Front (ft.) 10 10 - (D)(E)(0) Side (ft.) 5 - - (F) Street Side (ft.) 10 10 - (E) Rear (ft.) 5 - - (F) Maximum Height of Structures (ft.) 40 50 50 (F)(G) Maximum Wall Dimensions (N) Maximum Floor Area Ratio (FAR) 1.0 1.5 1.5 Minimum Site Landscaping (%) 8 8 8 (H)(I) Building Design Standards (0) Fences and Walls Q)(K) Off-Street Parking/Loading (L) Outdoor Facilities See Section 230.74 Screening of Mechanical Equipment See Section 230.76 (M) Refuse Storage Areas See Section 230.78 Underground Utilities See Chapter 17.64 Performance Standards See Section 230.82 Nonconforming Structures See Chapter 236 Signs See Chapter 233 Chapter 211 211-9 10/3/94 4\s\A:MC211308 CO, CG, and CV Districts: Additional Development Standards (A) Dwelling units shall be subject to the standards for minimum setbacks, height limits, maximum density, open space, balconies and bay windows, and parking for the RMH District. The setback standards shall apply only to the stories of a building that are intended for residential use. (B) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (C) The minimum site area for a hotel or motel is 20,000 square feet. (D) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (E) A minimum 50-foot setback is required along Beach Boulevard, Pacific Coast Highway and Edinger Avenue or 25 foot setback with the setback area entirely landscaped. (F) Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height. (G) See Section 230.70: Measurement of Height and Section 230.72: Exceptions to Height Limits. (H) Planting Areas: (1) Required front and street side yards shall be planting areas except properties with 50 foot setback shall provide a minimum 10 foot wide planting area along street frontages. (2) Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least 6 feet in height. (3) Hotels and Motels. A 15-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks. (I) See Chapter 232: Landscape Improvements. (J) See Section 230.88: Fencing and Yards. (K) A solid masonry or concrete wall at least 6 feet in height shall adjoin the site of an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height. (L) See Chapter 231: Off-Street Parking and Loading. Chapter 211 211-10 10/3/94 4\s\A:MC211308 CO, CG, and CV Districts: Additional Development Standards (continued) (M) See Section 230.44: Recycling Operations and Section 230.80: Antennae. (N) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets, projections or recesses, at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of 4 feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244. 2p ft. 20ft. Max.100 ft. 100 ft.�" unbroken wall —► 25 ft. or more Single Horizonal Offsets: 20ft. Max. 100 ft. unbroken wall 20 ft.20ft. I 40FT. Min. 4 ft. \ —� ►� —. �j recess ? — M 25 ft. 25% of wall or more must be varied Variable Offsets:20 ft. and 4 ft. 211-OFFS MAXIMUM WALL LENGTH AND REQUIRED BREAK Chapter 211 211-11 10/3/94 4\s\A:MC211308 CO, CG, and CV Districts: Additional Development Standards (continued) (0) Two building design standards are established to make commercial areas more attractive and provide a unified streetscape: (1) In the CV District a 10-foot minimum upper-story setback is required above the second story. Required Setback 1 Max.two stories without vertical break 211-CVSB. CV DISTRICT: UPPER-STORY SETBACK (2) In the CO and CV Districts, and on frontages adjacent to major or primary arterials in the CG District at least 40 percent of a building surface may be located at the minimum setback line if additional landscaping is provided on the site. Min. 40 percent of front building elevation at setback line - Setback line - - - - - - - - - - - - - - - 211-FACE.BMP BUILDING FACE AT SETBACK LINE Chapter 211 211-12 10/3/94 4\s\A:MC211308 211.08 Review of Plans All applications for new construction, initial establishment of use, exterior alterations and additions shall be submitted to the Community Development 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. Chapter 211 211-13 10/3/94 4\s\A:MC211308 LEGISLATIVE DRAFT ... � S -�e Sad�>t;. Sections: 230.02 Applicability Residential Districts 230.04 Front and Corner Side Yards in Developed Areas 230.06 Religious Assembly Yard Requirements 230.08 Accessory Structures 230.10 Accessory Dwelling Units 230.12 Home Occupation in R Districts 230.14 Affordable Housing-Incentives/Density Bonus 230.16 Manufactured Homes 230.18 Subdivision Sales Offices and Model Homes 230.20 Payment of Parkland Dedication In-Lieu Fee 230.22 Residential Infill Lot Developments 230.24 (Reserved) 230.26 (Reserved) 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations 230.34 Housing of Goods 230.36 Transportation Demand Management 230.38 Game Centers 230.40 Helicopter Takeoff and Landing Areas 230.42 Bed and Breakfast Inns 230.44 Recycling Operations 230.46 Single Room Occupancy 230.48 Equestrian Centers 230.50 Indoor Swap Meets/Flea Markets 230.52 (Reserved) 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) All Districts 230.62 Building Site Required 230.64 Development on Substandard Lots 230.66 Development on Lots Divided by District Boundaries 230.68 Building Projections into Yards and Courts Chapter 230 230-1 10/3/94 4\s:C:MC230308\3/8/95 s � 230.70 Measurement of Height 230.72 Exceptions to Height Limits 230.74 Outdoor Facilities 230.76 Screening of Mechanical Equipment 230.78 Refuse Storage Areas 230.80 Antennae 230.82 Performance Standards for All Uses 230.84 Dedication and Improvements 230.86 Seasonal Sales 230.88 Fencing and Yards 230.90 Contractor Storage Yards/Mulching Operations 230.92 Landfill Disposal Sites 230.94 Carts and Kiosks 230.02 Applicability This chapter contains supplemental land use and development standards, other than parking and loading, landscaping and sign provisions, that are applicable to sites in all or several districts. These standards shall be applied as specified in Title 21: Base Districts, Title 22: Overlay Districts, and as presented in this chapter. Residential Districts 230.04 Front and Street Side Yards in Developed Areas Where lots comprising 60 percent of the frontage on a blockface in an R district are improved with buildings that do not conform to the front-yard requirements, the Planning Commission may adopt by resolution a formula or procedure to modify the front and street side-yard setback requirements. The Planning Commission also may modify the required yard depths where lot dimensions and topography justify deviations. Blocks with such special setback requirements shall be delineated on the zoning map. 230.06 Religious Assembly Yard Requirements Yards, height and bulk, and buffering requirements shall be as specified by a conditional use permit, provided that the minimum interior side yard and rear yard shall each be 20 feet. Yards adjoining street property lines shall not be less than required for a permitted use. 230.08 Accessory Structures A. Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction. B. Location. Except as provided in this section, accessory structures shall not occupy a required front, side or street side yard or court, or project beyond the front building line of the principal structure on a site. An accessory structure shall be setback 5 feet from the rear property line except no setback is required for accessory structures, excluding garages and carports, which abut an alley. No accessory structures shall be permitted off-site. Chapter 230 230-2 10/3/94 4\s:C:MC230308\3/8/95 ! 0 C. Maximum Height. 15 feet, except a detached garage for a single family dwelling may exceed the maximum height when it is designed to be architecturally compatible with the main dwelling and does not include habitable floor area. D. Maximum Size in RL District. In an RL district, the total gross floor area of accessory structures more than 4 feet in height that are not attached to a dwelling shall not exceed 600 square feet or 10 percent of lot area, whichever is more. E. Patio Covers. A patio cover open on at least 2 sides and complying with all other provisions of this subsection may be attached to a principal structure provided a 5-foot clearance to all property lines is maintained. F. Decks. A deck 30 inches or less in height may be located in a required yard. G. Separation. The distance between buildings on the same lot shall not be less than 10 feet. 230.10 Accessory Dwelling Units A. Permit Required. Accessory dwellings may be permitted in all R districts on lots with a single-family dwelling subject to a conditional use permit issued by the Zoning Administrator. Applications shall be submitted to the Director accompanied by the required fee, plans and elevations showing the proposed accessory dwelling and its relation to the principal dwelling, descriptions of building materials, landscaping and exterior finishes to be used and parking to be provided, and any other information required by the Director to determine whether the proposed unit conforms to all requirements of this code. The Zoning Administrator shall approve a conditional use permit for an accessory dwelling unit after a duly noticed public hearing upon finding that: 1. The dwelling conforms to the design and development standards for accessory dwelling units established in Subsection (C) of this section; 2. The accessory unit maintains the scale of adjoining residences and is compatible with the design of existing dwellings in the vicinity in terms of building materials, colors and exterior finishes; 3. The main dwelling or the accessory dwelling will be owner-occupied; and 4. Public and utility services including emergency access are adequate to serve both dwellings. B. Design and Development Standards. 1. Minimum Lot Size. 6,000 square feet. 2. Maximum Unit Size. The maximum square footage of the accessory dwelling unit shall not exceed 650 square feet and shall not contain more than one bedroom. Chapter 230 230-3 10/3/94 4\s:C:MC2303080/8/95 3. Required Setbacks. Accessory dwelling units shall comply with minimum setbacks of Chapter 210. 4. Height and Building Coverage. The basic requirements of Chapter 210 shall apply unless modified by an overlay district. 5. Parking. One additional off-street parking space shall be required for an accessory dwelling. All parking spaces shall comply with Section 231.06. 6. Design. The accessory unit shall be attached to the main dwelling unit in such a manner as to create an architecturally unified whole, not resulting in any change to the visible character of the street. The entrance to the accesory unit shall not be visible from the street in front of the main dwelling unit. Building materials, colors and exterior finishes should be substantially the same as those on the existing dwelling. C. Ownership. The second unit shall not be sold separately from the main dwelling unit. D. Conditions Recorded. The conditional use permit and conditions of approval shall be filed for record with the County Recorder within 30 days of approval. Evidence of such filing shall be submitted to the Director within 30 days of approval. E. Parkland Dedication In-lieu Fee. A parkland dedication in-lieu fee shall be assessed at 25 percent of the fee for a single family residence as set by resolution of the City Council and paid prior to issuance of building permit. 230.12 Home Occupation in R Districts A. Permit Required. A home occupation in an R district shall require a Home Occupation Permit, obtained by filing a completed application form with the Director. The Director shall approve the permit upon determining that the proposed home occupation complies with the requirements of this section. B. Contents of Application. An application for a Home Occupation Permit shall contain: 1. The name, street address, and telephone number of the applicant; 2. A complete description of the proposed home occupation, including number and occupation of persons employed or persons retained as independent contractors, amount of floor space occupied, provisions for storage of materials, and number and type of vehicles used. Chapter 230 230-4 10/3/94 4\s:C:MC230308\3/8/95 0 C. Required Conditions. Home occupations shall comply with the following conditions: 1. A home occupation shall be conducted entirely within one room in a dwelling. No outdoor storage shall be permitted. Garages shall not be used in connection with such business except to park business vehicles. 2. No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors. 3. There shall be no display of merchandise, projects, operations, signs or name plates of any kind visible from outside the dwelling. The appearance of the dwelling shall not be altered, nor shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a non- residential purpose, whether by colors, materials, construction, lighting, windows, signs, sounds or any other means whatsoever. 4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood. 5. No commercial vehicle or equipment used in conjunction with the home occupation shall be parked overnight on an adjacent street or in any yard visible from the street. 6. No motor vehicle repair for commercial purposes shall be permitted. A home occupation shall not include an office or salesroom open to visitors, and there shall be no advertising of the address of the home occupation. 7. A conditional use permit shall be issued by the Zoning Administrator when a home occupation involves instruction and/or service, e.g. music lessons, beauty shop, swimming lessons. Where a home occupation involves swimming instruction in an outdoor swimming pool, each swimming class shall be limited to 4 students, and no more than 2 vehicles shall be used to transport students to such classes. 8. Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of this code. The permit for a home occupation that is not operated in compliance with these provisions shall be revoked by the Director after 30 days written notice unless the home occupation is altered to comply. 230.14 Affordable Housing Incentives/Density Bonus A. When a developer of a residential property which is zoned and general planned to allow five (5) or more dwelling units proposes to provide affordable housing, he or she may request a density bonus and/or other incentive through a conditional use permit subject to the provisions contained in this section. A density bonus request pursuant to the provisions contained within this section shall not be denied unless the project is denied in its entirety. Chapter 230 230-5 10/3/94 4\s:C:MC230308\3/8/95 B. The City may grant incentives to the developer. An incentive includes, but is not limited to the following: 1. A density bonus. 2. A reduction in site development standards or architectural design requirements which exceed the minimum building standards contained within the Uniform Building Code as adopted by the City including, but not limited to, a reduction in setback, lot coverage, floor area ratio, parking and openspace requirements. 3. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. 4. A reduction in development and/or processing fees. 5. Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions. 6. Financial assistance by the City, i.e., housing set-aside funds. 7. Other incentives mutually agreeable to the City and developers consistent with all City, State and Federal laws, rules, standards, regulations and policies. C. Target rents/mortgagee payments. l. For the purposes of this section, units designated for moderate income household shall be affordable at a rent or mortgage payment that does not exceed twenty-five (25%) percent of the gross family income. 2. For the purpose of this section, units designated for lower income households shall be affordable at a rent or mortgage payment that does not exceed thirty (30%) of sixty (60%) percent of the Orange County median income as defined by the State of California Department of Housing and Community Development. 3. For the purpose of this section, those units designated for very low income households shall be affordable at a rent or mortgage payment that does not exceed thirty (30%) percent of fifty (50%) percent of the Orange County median income as defined by the State of California Department of Housing and Community Development. Chapter 230 230-6 10/3/94 4\s:C:MC230308\3/8/95 D. Affordability requirements. 1. Percentage of affordable units required. To qualify for a density bonus and/or other incentives, the developer of a residential project must agree to one of the following: a. Provide at least twenty (20%) percent of the total units of the housing development for lower income households; or b. Provide at least ten (10%) percent of the total units of the housing development for very low income households; or C. Provide at least fifty (50%) percent of the total units of the housing development for qualifying senior residents. The density bonus shall not be included when determining the number of housing units required to be affordable. Remaining units may be rented, sold, or leased at "market" rates. If a developer is granted a density bonus in excess of twenty-five (25%) percent, those additional units above the twenty-five (25%) percent may be required to be maintained affordable for "moderate income" households. 2. Duration of affordability. Units required to be affordable as a result of the granting of a density bonus and other incentives shall remain affordable for thirty (30) years. If the City does not grant at least one concession or incentive pursuant to this article in addition to the density bonus, or provides other incentives in lieu of the density bonus, those units required to be affordable shall remain so for ten (10) years; 3. Affordable unit distribution and product mix. Affordable units shall be located throughout the project and shall include a mixture of unit types in the same ratio as provided throughout the project; 4. Affordability agreement. Affordability shall be guaranteed through an "Affordability Agreement" executed between the developer and the City. Said agreement shall be recorded on the subject property with the Orange County Recorder's Office as provided in Section 65915, et seq. of the California Government Code, prior to the issuance of building permits and shall become effective prior to final inspection of the first unit. The subject agreement shall be legally binding and enforceable on the property owner(s) and any subsequent property owner(s) for the duration of the agreement. The agreement shall include, but is not limited to, the following items: a. The number of and duration of the affordability for the affordable units. b. The method in which the developer and the City are to monitor the affordability of the subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement; Chapter 230 230-7 10/3/94 4\s:C:MC230308\3/8/95 • • C. The method in which vacancies will be marketed and filled; d. A description of the location and unit type (bedrooms. floor area, etc.) of the affordable units within the project; and e. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices. 5. City Action. Pursuant to this section the City shall: a. Grant a density bonus and at least one of the concessions or incentives identified in section 230.1813 unless the City makes a written finding that the additional concession or incentive is not required in order for rents or mortgage payments to meet the target rates; or b. Provide other incentives of equal value to a density bonus as provided in Section 65915, et seq. of the California Government Code. The value of the other incentives shall be based on the land cost per dwelling unit. E. Procedure. 1. In addition to submitting all documentation required to apply for a conditional use permit, a developer requesting a density bonus or other incentive pursuant to this section shall include the following in the written narrative supporting the application: a. A general description of the proposed project, general plan designation, applicable zoning, maximum possible density permitted under the current zoning and general plan designation and such other information as is necessary and sufficient. The property must be zoned and general planned to allow a minimum of five (5) units to qualify for a density bonus; b. A calculation of the density bonus allowed. C. In the case that the developer requests the City to modify development standards as another incentive, a statement providing a detailed explanation as to how the requested incentive will enable the developer to provide housing at the target rents or mortgage payments. Modification of development standards will be granted only to the extent necessary to achieve the housing affordability goals set forth herein. d. A statement detailing the number of density bonus units being proposed over and above the number of units normally permitted by the applicable zoning and general plan designations. Chapter 230 230-8 10/3/94 4\s:C:MC230308\3/8/95 2. All subsequent City review of and action on the applicant's proposal for a density bonus and/or consideration of any requested other incentives shall occur in a manner concurrent with the processing of the conditional use permit and any other required entitlements, if any. If the developer proposes that the project not be subject to impact fees or other fees regularly imposed on a development of the same type, final approval will be by the City Council. 3. The Planning Commission/City Council shall review the subject Affordability Agreement concurrently with the development proposal. No project shall be deemed approved until the Affordability Agreement has been approved by the appropriate reviewing body. 4. The Planning Commission/City Council may place reasonable conditions on the granting of the density bonus and any other incentives as proposed by the applicant. However, such conditions must not have the effect, individually or cumulatively, of impairing the objective of California Government Code Section 65915 et seq., and this section, of providing affordable housing for qualifying residents, lower or very low income households in residential projects. 5. A monitoring fee, as established by resolution of the City Council, shall be paid by the applicant to the City prior to issuance of a certificate of occupancy for the first unit. This fee shall be in addition to any other fees required for the processing of the conditional use permit, environmental analysis, and/or any other entitlements required. F. Required findings for approval. 1. Density bonus. In granting a conditional use permit for a density bonus, the Planning Commission/City Council shall make all of the following findings: a. The proposed project, which includes a density bonus, can be adequately serviced by the City and County water, sewer, and storm drain systems, without significantly impacting the overall service or system. b. The proposed project, which includes a density bonus, will not have a significant adverse impact on traffic volumes and road capacities, school enrollments, or recreational resources. C. The proposed project which includes a density bonus is compatible with the physical character of the surrounding area. d. The proposed project which includes a density bonus is consistent with the overall intent of the General Plan. 2. Other incentives. A request for an additional incentive shall not be denied by the Planning Commission or City Council unless a finding is made that the incentive is not necessary to the establishment of affordable units. Chapter 230 230-9 10/3/94 4\s:C:MC230308\3/8/95 • w In granting any other incentives as defined in this article, the Planning Commission/City Council shall be required to make all of the following findings: a. The granting of the proposed other incentive(s) will not have an adverse impact on the physical character of the surrounding area. b. The granting of the proposed other incentive(s) is consistent with the overall intent of the General Plan. C. The granting of the proposed other incentive(s) will not be detrimental to the general health, welfare, and safety of persons working or residing in the vicinity. d. The granting of the proposed other incentive(s)will not be injurious to property or improvements in the vicinity. e. The granting of the proposed other incentive(s) will not impose an undue financial hardship on the City. f. If the other incentive is a modification of development standards, the granting of the other incentive is necessary to achieve the target affordable rents/mortgage payments for the affordable units. 230.16 Manufactured Homes A. General Requirements. Manufactured homes may be used for residential purposes if such manufactured home conforms to the requirements of this section and is located in an R district. Manufactured homes also may be used for temporary uses, subject to the requirements of a temporary use permit issued under Chapter 241. B. Location and Design Requirements. Manufactured homes may be located in any R district where a single-family detached dwelling is permitted, subject to the same restrictions on density and to the same property development standards, provided that such manufactured home meets the design and locational criteria of this subsection. These criteria are intended to protect neighborhood integrity, provide for harmonious relationship between manufactured homes and surrounding uses, and minimize problems that could occur as a result of locating manufactured homes on residential lots. 1. Location Criteria: Manufactured homes shall not be allowed: a. On substandard lots that do not meet the dimensional standards of Chapter 210; b. As a second or additional unit on an already developed lot; or C. As an accessory building or use on an already developed lot. Chapter 230 230-10 10/3/94 4\s:C:MC230308\3/8/95 9 2. Design Criteria: Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards: a. Each manufactured house must be at least 16 feet wide; b. It must be built on a permanent foundation approved by the Building Official; C. It must have been constructed after June 1, 1979, and must be certified under the National Manufactured Home Construction and Safety Act of 1974; d. The unit's skirting must extend to the finished grade; e. Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited; f. The roof must have a pitch of not fewer than 2 inches vertical rise per 12 inches horizontal distance, with eaves overhangs a minimum of 12 inches; g. The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent editions of the Uniform Building Code fire rating approved in the City of Huntington Beach; h. The floor must be no higher than 20 inches above the exterior finished grade; and i. Required enclosed parking shall be compatible with the manufactured home design and with other buildings in the area. C. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the State of California shall be canceled, pursuant to state laws and standards. Before occupancy, the owner shall provide to the Director satisfactory evidence showing: that the state registration of the manufactured house has been or will, with certainty, be canceled; if the manufactured house is new and has never been registered with the state, the owner shall provide the Director with a statement to that effect from the dealer selling the home. 230.18 Subdivision Sales Offices and Model Homes Subdivision sales offices and model homes in conjunction with a subdivision may be permitted subject to approval of a temporary use permit issued by the Zoning Administrator and compliance 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 sale office and $1,000 for each model home to guarantee compliance with the provisions of this code. Chapter 230 230-11 10/3/94 4\s:C:MC230308\3/8/95 B. The developer or contractor shall furnish a site plan showing the placement of the sales office and all model signs, parking signs, directional signs, temporary structures, parking and landscaping. C. No sales office shall be converted or expanded into a general business office for the contractor or developer. 230.20 Payment of Parkland Dedication In-Lieu Fee All single family and multifamily housing projects, mobile home parks, and any other residential units not covered by Chapter 254 of Title 25, Subdivision Ordinance. These developments shall pay a park in-lieu fee in accordance with the requirements of Chapter 254. The fees shall be calculated according to a schedule adopted by City Council resolution and shall be paid at the time a bulding permit is issued. 230.22 Residential Infill Lot Developments The following provisions are established to minimize impacts of residential lot infill development on adjacent residential developments and to insure compatibility and appropriate design for projects to be located within existing residential neighborhoods, unless to do so would contravene the terms of an existing Development Agreement. The location, site plan, and building design shall be harmonious and compatible with the streets, driveways, property lines, and surrounding neighborhood. Compatibility considerations shall include, but not be limited to, lot size, lot frontages, building layout, building configuration and design, building product type, grad height and building height relative to existing dwellings, and visual intrusion concerns. The Director shall cause all requests for plan check (plan review) and issuance of building permits for infill lot development to be reviewed in accordance with this section. A. Privacy Design Standards. 1. New residences shall off-set windows to insure maximum privacy or existing residences. The use of opaque glass or similar material, should be used for all bathroom windows facing existing residences. Consider locating windows high on elevations to allow light and ventilation, and insure privacy. 2. Minimize the canyon effect between houses by clipping roof elevations on sideyards. Provide roof line variations throughout infill development. 3. Provide architectural features (projections, off-sets) to break up massing and bulk. 4. Upper story balconies shall be oriented toward its own front or rear yard areas. Chapter 230 230-12 10/3/94 4\s:C:MC230308\3/8/95 B. Setbacks. 1. Whenever possible all base district setbacks shall be maximized to provide increased separation between new developments and existing residences. Footprints for new residences shall be off-set to increase privacy. 2. Provide off-set in front building setbacks throughout infill development. 3. Pool equipment and air conditioning equipment shall be located at a location which maximizes its distance from existing residential development, and minimizes its distance from the new structure which it serves. C. Miscellaneous. 1. Pad height for new construction shall match to the extent possible, grades of adjacent residences. Any property owner who intends to add more than two (2) feet of fill to an infill lot or to add any fill to a lot where the grade differential is already two (2) feet or more above an adjacent lot shall demonstrate to the satisfaction of the City Engineer that there is no other acceptable method to drain the property adequately. 2. Landscaping shall be designed to maximize privacy for both existing residences and new residences. 3. When possible, driveways shall be located on the side of the property closest to the driveway on the adjoining property. D. Public Notification Requirements. 1. Three days prior to submittal for plan check (plan review) the applicant shall give notice of the application to adjacent property owners by first class mail. The notice of application shall include the following: a. name of applicant b. location of planned development C. nature of the planned development, including maximum building height and square footage d. the City Hall telephone number for the Department of Community Development to call for viewing plans e. the date by which any comments must be received in writing by the Department of Community Development. This date shall be ten (10) working days from plan check (plan review) submittal. f. the address of the Department of Community Development 2. The applicant shall submit proof of mailing of the notice when submitting the application for plan check (plan review). The adjacent property owners shall have ten (10)working days from plan check (plan review) submittal Chapter 230 230-13 10/3/94 4\s:C:MC230308\3/8/95 to provide comments regarding the application to the Director. All decisions of the Director regarding the application shall be final. 230.24 (Reserved) 230.26 (Reserved) 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations The following supplemental development standards shall apply to the Service Station's use classification. A. Minimum parcel size. 22,500 square feet. B. Minimum frontage. 150 feet and located at intersection of arterial highways. C. Site Layout. Conditions of approval of a conditional use permit may impose restrictions on outdoor storage and display and location of pump islands, canopies and service bay openings and require buffering, screening, lighting, or planting areas necessary to avoid adverse impacts on properties in the surrounding area. D. Design standards. 1. In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. Service stations shall be designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the general neighborhood. 2. The location, number, and design of driveways as well as on and off-site traffic circulation impacts shall be analyzed. 3. Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties. A maximum of 3 service bays shall be permitted per site, none of which shall face a public right-of-way. 4. Lighting shall be of low profile design, indirect or diffused, and shall create no negative impact on surrounding uses. 5. A minimum 10 percent of the site shall be landscaped. Landscaping plans shall conform to all applicable provisions of Chapter 232 as well as conform to the following requirements. a. A 3-foot-wide planter (inside dimension) along interior property lines shall be provided, except at vehicular circulation openings. Chapter 230 230-14 10/3/94 4\s:C:MC230308\3/8/95 Additional landscaping may be required to screen service bays from surrounding properties. b. A 600 square-foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets. C. A total of 70 square feet of planting area shall be located adjacent to and on the streetside of the main building. 6. Buildings shall conform to the setback regulations stated for the district in which the site is located. Pump islands and canopy structures shall maintain the following minimum setbacks from street side property lines: Pump island: 20 feet Canopy: 10 feet with ground clearance of 12 feet F. Storage of Materials and Equipment. The provisions of Section 230.74, Outdoor Facilities, shall apply, except that a display rack for automobile products no more than 4 feet wide may be maintained at each pump island of a service station and a single tire storage display no more than 8 feet high and 16 feet long may be located on the site of a service station. If display racks are not located on pump islands, they shall be placed within 3 feet of the principal building, and shall be limited to 1 per street frontage. Outside storage of motor vehicles for more than 24 hours (7 days if the vehicle is actively being serviced) is prohibited, except as provided for truck and utility trailer rentals. The location of display racks and vending machines shall be specified by the use permit. E. Accessory Uses. The accessory uses listed below shall be permitted as included on the approved site plan. Such uses shall be subordinate to the main operation and shall not impede safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential customers. Such uses shall be included as part of the original conditional use permit request or shall be subject to a new conditional use permit if proposed subsequent to the original conditional use permit. 1. Convenience markets are permitted provided no automotive repair or truck or trailer rental is permitted on the same site. 2. Automatic washing, cleaning and waxing of vehicles. Such activity shall be of an integral design with the main structure. 3. Truck and utility truck rental is permitted provided the trucks do not exceed 25 feet in length and are stored a minimum of 50 feet from the street property lines. 230.34 Housing of Goods All goods, wares, merchandise, produce, and other commodities which are stored or offered for sale or exchange in the commercial and industrial districts shall be housed in permanent buildings except as otherwise provided by this code. Chapter 230 230-15 10/3/94 4\s:C:MC230308\3/8/95 t 230.36 Transportation Demand Management A. Purpose and intent. It is the purpose and intent to implement the requirements of Government Code Section 65089.3(a)(2), to mitigate the impacts that development projects may have on transportation mobility, congestion and air quality, and to promote transportation demand management strategies. B. Definitions. For purposes of this Section, the following definitions for the following terms shall apply: 1. Alternative transportation mode: Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing, public transit, bicycling or walking. 2. Carpool: Two (2) to six(6) persons traveling together in a single vehicle. 3. Employ: Means any person employed by a firm, person(s), business, educational institution, non-profit agency or corporation, government agency, or other entity which employs 100 or more persons at a single worksite. "Employee" shall include persons employed on a full-time, part- time, or temporary basis. 4. Employer: Means any person(s), firm business, educational institution, government agency, non-profit agency or corporation, or other entity. which employs or houses tenants that collectively employ 100 or more employees at a worksite on a full and/or part-time/temporary basis. 5. Building Size: Means the total gross floor area measured in square feet of a building or group of buildings at a worksite. Includes the total floor area of both new development and existing facilities. 6. Mixed-Use Development: Means new development projects that integrate any one of these land uses with another: residential, office, commercial, industrial and business park. 7. Tenant: Means the lessee of facility space at a development project who may also serve as an employer. 8. Transportation Demand Management ,TDM): Means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools and transit; and reduction of VMT and the number of vehicle trips. 9. Vanpool: Means a vehicle occupied by seven(7) or more persons traveling together. 10. Worksite: Means a building or group of buildings which are under common ownership and the place of employment, base of operation, or predominate location of an employee or group of employees. Chapter 230 230-16 10/3/94 4\s:C:MC230308\3/8/95 C. Applicability: 1. These provisions apply to commercial, industrial, institutional, or other uses which are determined to employ 100 or more persons, as determined by the employee generation factors specified under subsection 4. This includes any permit for existing facilities that already have 100 or more employees or will have 100 or more employees. 2. These provisions apply to all districts, planned communities and specific plan areas including those covered by development agreements. These provisions shall supersede other ordinances with which there is a conflict. 3. Notwithstanding "1" above, the following uses and activities shall be specifically exempt from the provisions of this section: a. Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers. b. Other temporary use classifications or as authorized by the Planning Commission when such temporary activities are for a period not to exceed 30 days and held no more than once a year. 4. Employee generation factors shall be based on one of the following: a. Employment projections developed by the property owner, subject to approval by the Director; b. Building sizes shall be considered equivalent to the 100 employee threshold as follows: Building Size (in square feet) Type of Use Equivalent to 100 Employees Office/Professional 35,000 Hospital and Medical/Dental 40,000 Industrial (excluding Warehouses) 50,000 Commercial/Retail 50,000 Hotel 0.8 employees/hotel room Motel 1.2 Resort Hotel 100,000 Mixed or multiple use Warehouse 100,000 * The employment projection for a development of mixed or multiple uses shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use. Chapter 230 230-17 10/3/94 4\s:C:MC230308\3/8/95 • i D. Site development standards: Development projects subject to this section shall comply with the following site development standards: 1. Parking for carpool vehicles a. The following percentages of the total required parking spaces per Chapter 231 shall be reserved and designated for employee carpool vehicles by making such spaces "Carpool Only": Percent of Total Parking Devoted Type of Use to Employee Carpool Parking Office Professional 13% Hospital and Medical/Dental Office 9% Industrial/Warehouse 14% Commercial/Retail 5% Hotel space for every 2 employees b. Carpool spaces shall be located near the building's identified employee entrance(s) or at other preferential locations within the employee parking areas as approved by the Director. 2. Shower and Locker Facilities Shower and locker facilities shall be provided for use by employees or tenants who commute to the site by bicycle or walking. The use of such facilities shall be provided at no cost to the user. The design of such facilities shall be shown on the plot plans in the permit application and conform to the following. a. Lockers shall be provided at a minimum ratio of 1 for every 20 employees. b. Separate shower facilities shall be provided at a minimum rate of 2 per 100 employees. 3. Bicycle Parking a. Bicycle parking facilities shall be provided at the minimum rate of 1 bicycle parking space for every 20 employees or fraction thereof, in a secure location, and in close proximity to employee entrances, for use by employees or tenants who commute to the site by bicycle. b. A bicycle parking facility shall be a stationary object to which the user can lock the bicycle frame and both wheels with a user- provided six (6) foot cable and lock. 4. Commuter Information Areas A commuter information area shall be provided to offer employees appropriate information on alternative transportation modes. This area shall be centrally located and accessible to all employees or tenants and Chapter 230 230-18 10/3/94 4\s:C:MC230308\3/8/95 shall be sufficient size to accommodate such information on alternative transportation modes. 5. Passenger Loading Areas Unless determined unnecessary by the decision-maker, per Title 24, passenger loading areas to embark and disembark passengers from rideshare vehicles and public transportation shall be provided as follows: a. Passenger loading area shall be large enough to accommodate the number of waiting vehicles equivalent to 1% of the required parking for the project. b. The passenger loading areas shall be located as close as possible to the identified employee entrance(s), and shall be designed in a manner that does not impede vehicular circulation in the parking area or in adjoining streets. 6. Parking for Vanpool Vehicles Unless determined unnecessary by the decision-maker, per Title 24, parking for vanpool vehicles shall be provided as follows: a. The number of vanpool parking spaces shall be at least 1% of the employee carpool parking spaces and reserved for such by marking the spaces "Vanpool Only." b. For parking structures, vanpool vehicle accessibility shall include minimum 7'2" vertical clearance. C. Vanpool parking spaces shall be located near identified employee entrance(s) or other preferential locations. 7. Bus Stops Unless determined unnecessary by the decision-maker, per Title 24, bus shelter, pullouts, and pads shall be provided as necessary in consultation with affected transit service providers. 230.38 Game Centers The following supplemental requirements shall apply to the operation of game centers, including mechanical or electronic games or any other similar machine or device, in order to control the location and hours of operation of game centers so as not to allow school children to play the games during school hours nor to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages. A. Conditional Use Permit Required. Applicants desiring a permit for the purpose of operating a game center as a business in a C district must obtain a conditional use permit from the Zoning Administrator. The permit is valid only for the number of games specified; the installation or use of additional games requires a new or amended permit. Chapter 230 230-19 10/3/94 4\s:C:MC230308\3/8/95 B. Adult Manager. At least one adult manager shall be on the premises during the time a game center is open to the public. C. Hours of Operation for Minors under 18 Years of Age. No game center owners, manager or employees shall allow a minor under 18 years of age to play a mechanical or electronic game machine during the hours the public schools of the district in which the center is located are in session, or after 9 p.m. on nights preceding school days, or after 10 p.m. on any night. It is the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours. D. Locational Criteria. A game center shall not be permitted within 2,500 feet of a school site, 300 feet of the boundary of a residential district, or within 500 feet of a liquor store, a nightclub, cocktail lounge or bar. The distance shall be measured as walking distance from the game center to the property line of the school site, the district boundary, or the property line of the liquor store, nightclubs, cocktail lounge, or bar, as the case may be. E. Restrictions. The Zoning Administrator may impose reasonable restrictions on the physical design, location, and operation of a game center and require a special bicycle parking area in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health, safety and welfare of the surrounding community. 230.40 Helicopter Takeoff and Landing Areas A. Permit Required. A conditional use permit may be issued for the construction and operation of a heliport, helipad, or helistop if the Planning Commission finds that: 1. The helipad, heliport, or helistop conforms to the locational criteria and standards established in Subsections (B) and (C) of this section, and the requirements of the California Department of Transportation, Division of Aeronautics; 2. The heliport, helipad, or helistop is compatible with the surrounding environment; and 3. The proposed operation of the helicopter facility does not pose a threat to public health, safety or welfare. The Commission may impose conditions on approval of the conditional use permit to prevent adverse impacts on surrounding properties. If such impacts can not be mitigated to an acceptable level, the conditional use permit application shall be denied. B. Locational Criteria. 1. Minimum Separation. Minimum separation between heliports, helipads, and helistops shall be 1.5 miles, except for facilities specifically intended Chapter 230 230-20 10/3/94 4\s:C:MC230308\3/8/95 • 0 for emergency use, such as medical evacuation or police functions, and temporary landing sites. 2. Protected Areas. No heliport, helipad, or helistop shall be located within 1,000 feet of an R district or the site of a public or private school, except for heliports or helistops specifically intended only for emergency or police use. Temporary landing sites within 1,000 feet of a public or private school may be allowed with a temporary use permit subject to approval of the California Department of Transportation. C. Site Development Standards. 1. Approach and departure paths 65 feet wide shall be free of obstruction for a minimum distance of 400 feet. 2. Setbacks from property lines shall be as follows: a. Takeoff and landing area - 50 feet; b. Helicopter maintenance facilities - 25 feet; C. Administrative or operations building - 15 feet. 3. Any lighting used for nighttime operations shall be directed away from adjacent properties and public rights-of-way. 4. A telephone shall be provided on or adjacent to the heliport, helipad or helistop. 5. Helipads or helistops intended for emergency use shall have a landing pad with a standard landing area designated and the words "Emergency Only." The initial direction of the departure routes shall be indicated on the takeoff and landing area. F. Application Requirements. The following additional information shall be submitted with a use permit application: 1. An area map, at a scale of 1" = 800' showing existing land use within a two- mile radius of the facility site and the proposed flight paths. 2. A plot plan of the site and vicinity, including all land within a 400-foot radius of the takeoff and landing area, that shows clearly the height of the takeoff and landing area; the height of existing, approved and proposed structures and trees within 50 feet of the approach and takeoff flight paths; and the maximum allowable building height under existing zoning. 3. A description of the proposed operations, including the type of use, names and descriptions of helicopters expected to use the facility, and anticipated number and timing of daily flights. Chapter 230 230-21 10/3/94 4\s:C:MC230308\3/8/95 0 • 4. A helicopter noise study including a map of the approach and departure flight paths at a scale of V = 800' showing existing day/night average noise levels in decibels (LDN noise contours), future day/night average noise levels with the proposed facility and anticipated flight operations, and single-event maximum sound levels associated with the types of helicopters expected to use the facility. 230.42 Bed and Breakfast Inns A. Permit Required. The Planning Commission may approve a conditional use permit for a bed and breakfast inn in any C District and RMFI-A District after a duly noticed public hearing upon finding that: 1. The bed and breakfast inn will be operated by a property owner living on the premises; 2. The bed and breakfast inn conforms to the design and development standards of Subsection(B) of this section and is compatible with adjacent buildings in terms of building materials, colors and exterior finishes; and 3. Public and utility services, including emergency access, are adequate to serve the bed and breakfast inn. B. Design and Development Standards. 1. Minimum Size and Maximum Number of Guest Rooms. The inn shall contain at least 2,000 square feet, but no more than six rooms shall be rented for lodging. 2. Parking. The requirements of Chapter 231 shall apply. 3. Signs. The requirements of Chapter 233 apply. In addition, in the RMH-A district, no identifying sign shall be displayed other than a sign no larger than 2 square feet identifying the name of the establishment. The face of the sign may be indirectly illuminated by an exterior light source entirely shielded from view, but no internal illumination from an interior light source shall be permitted. 230.44 Recycling Operations Collection containers shall be permitted for charitable organizations such as Goodwill. Recycling containers shall be permitted as an accessory use to a permitted use. Recycling and collection containers shall not be located within required parking or landscaped areas or obstruct pedestrian paths. Recycling as an accessory use shall not exceed 500 square feet including any required attendant parking space. A recycling operation as a primary use shall comply with the development standards contained in Chapter 212. Chapter 230 230-22 10/3/94 4\s:C:MC230308\3/8/95 0 • 230.46 Single Room Occupancy Single room occupancy (SRO) shall comply with the following requirements: A. General Provisions. 1. All projects shall comply with the most recently adopted City Building, Plumbing, Mechanical, Electrical, Fire, and Housing Codes. 2. No more than one (1) person shall be permitted to reside in any unit which is less than two hundred twenty(220) square feet in size. 3. No more than two (2) persons shall be permitted to reside in any unit, excluding the manager's unit. 4. A Management Plan shall be submitted for review and approval with the conditional use permit application. The Management Plan shall contain management policies, operations, emergency procedures, security program including video cameras monitoring building access points, rental procedures and proposed rates, maintenance plans, and staffing needs, and tenant mix, selection and regulations. 5. An on-site, twenty-four (24) hour manager is requried in every SRO project. In addition, a manager's unit shall be provided which shall be designed as a complete residential unit, and be a minimum of 220 square feet in size. 6. Rental procedures shall allow for both weekly and monthly tenancies only; deposit requirements shall be specified for each type of tenancy. 7. All units within SRO projects shall be restricted to very low and low income individuals as defined by the City's housing element, with the exception of the twenty-four(24) hour manager. 8. Each SRO project shall be subject to annual review by the City which includes the review of management services. The SRO project owner shall be responsible for filing an annual report to the Department of Community Development which includes the range of monthly rents, the monthly income of residents, occupancy rates, and the number of vehicles owned by residents. 9. The Planning Commission or City Council may revoke the conditional use permit if any violation of conditions or any of the adopted Huntington Beach Codes occurs. B. Unit Requirements. 1. Minimum unit size shall be one hundred seventy (170) square feet. 2. 1 Maximum unit size shall be four hundred (400) square feet. 3. The average size of all living units within the project shall not exceed two hundred seventy five (275) square feet. Chapter 230 230-23 10/3/94 4\s:C:MC230308\3/8/95 0 • 4. Each unit shall contain a kitchen and bathroom. a. Kitchens shall contain a sink with garbage disposal, counter top (minimum 16" x 24"), refrigerator, and stove or microwave oven. b. If stoves are not provided in each unit, then stoves shall be provided in a common kitchen area(s). C. Bathrooms shall contain a lavatory, toilet, and shower or bathtub. d. Each unit shall have a minimum forty-eight (48) cubic feet of closet/storage space. C. Project Requirements. 1. Common recreational space shall be provided in each project as follows: a. Minimum common recreational space shall be four hundred (400) square feet. b. For projects exceeding thirty (30) units in size, additional square footage is required as follows: Units less than 220 square feet - 10 square feet/unit over 30 Units 220 square feet of greater - 15 square feet/unit over 30 C. Common recreational space may be indoor or outdoor provided there is at least forty (40%) percent allotted toward indoor space and forty (40%) percent outdoor space; the balance may be either indoors or outdoors. d. Common recreation space may be in separate areas provided each space is not less than two hundred (200) square feet in size and has no less than a ten (10) foot dimension. 2. A single controlled entryway for routine ingress and egress shall be situated adjacent to and in full view of the manager's desk. 3. A mailbox shall be provided for each unit. 4. Handicap access facilities shall be as required by applicable state or local law. 5. At least one handicapped-accessible unit shall be required for every twenty (20) units. 6. Laundry facilities shall be provided in a separate room in a location near the common indoor recreational space. Washers and dryers may be coin operated. Chapter 230 230-24 10/3/94 4\s:C:MC230308\3/8/95 • • 7. A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub with hot and cold water on every floor shall be provided. 8. Storage Lockers a. Storage lockers shall be provided in a secured area. b. The cumulative total of locker space shall be no less than a ratio of ten (10) cubic feet per unit. 9. All common indoor space areas shall have posted in a conspicuous location a notice from the City's Department of Community Development regarding contact procedures to investigate housing code violations. 10. Bicycle stalls shall be provided at a minimum of one (1) stall per ten (10) units in a secured and enclosed area. 11. Trash disposal chutes as well as a centralized trash area shall be provided on all multi-story project. 12. A minimum of two (2) pay telephones shall be provided in the lobby area. The telephone service shall only allow outgoing calls. 230.48 Equestrian Centers A. Permit Required. Equestrian centers shall be permitted in the OS-PR and PS districts, subject to the approval of a conditional use permit by the Planning Commission. Where all off-site improvements are not provided, initial approval shall be for a maximum period of five years subject to annual review. One year extensions of time may be granted after public hearing by the Planning Commission. On requests to allow a facility on a permanent basis, the Planning Commission shall determine required improvements based on the existing and proposed land uses and the existing off-site improvements within the area. B. Design and Development Standards. 1. Minimum Parcel size/frontage. The minimum lot size and lot frontage shall be: Area Frontage Temporary facilities: 2 acres 100 feet Permanent facilities: 5 acres 100 feet 2. Densityffliding Areas. Maximum density for horse facilities shall be determined by the following criteria: (a) Maximum density shall be twenty-five (25) horses per acre. (b) Minimum riding area shall be five thousand (5000) square feet per fifteen (15) horses. For facilities with over one hundred (100) horses, two separate arenas shall be pro-vided. In the alternative, Chapter 230 230-25 10/3/94 4\s:C:MC230308\3/8/95 off-site riding area shall be pro-vided adjacent to the facility at the rate of one acre per fifteen (15) horses. (c) Exercise rings shall have no dimension less than thirty (30) feet. (d) The minimum arena size shall be ten thousand (10,000) square feet with no dimension less than eighty (80) feet. 3. Maximum Building Height. Maximum building height shall be thirty (30) feet. 4. Required Setbacks. Front: 50 feet (30 feet for caretaker's residence) Interior side: 25 feet Exterior side: 50 feet Rear: 25 feet Minimum distance to to any residential zone or use: 300 feet 5. Corral Design. Corrals designed for one horse shall comply with the following requirements. Corrals designed for more than one horse shall provide a minimum area per horse as indicated below. All corrals, racks and stalls shall be of compatible design, materials to be approved by the fire department. (a) Corral size: 288 square feet Minimum dimension: 12 feet Shelter size: 96 square feet Minimum dimension: 8 feet (b) Each corral shall have an approved water system with automatic drinking controls provided. (c) Box stalls may be provided in lieu of horse corrals. Such stalls shall be a minimum of 144 square feet with no dimension less than twelve (12) feet. 6. Wash rack. One wash rack per thirty-five (35) horses or fraction thereof shall be provided subject to the following requirements. Wash racks designed for more than one horse shall provide a minimum area per thirty- five (35) horses as indicated below: (a) Individual wash racks shall be 6 feet by 8 feet. (b) Each wash rack shall have an approved watering system and be connected to a sewer facility with a back siphon device at the water source. Chapter 230 230-26 10/3/94 4\s:C:MC230308\3/8/95 (c) A concrete slab floor shall be provided. C. Insect and Rodent Control. 1. Feed mangers or boxes shall not be placed near water sources. 2. Nonleak valves shall be provided for all troughs, bowls, cups and other water sources. 3. Automatic valves or sanitary drains shall be provided for large troughs or cups. 4. Grading in paddocks and corrals shall be properly integrated into a master drainage plan to prevent ponding of water. Shelters shall be sloped away from the center of the corrals, or rain gutters shall be installed to the exterior of the corral. 5. Method of disposal of solid wastes shall be approved by Planning Commission. Trash disposal areas and dumpsters shall be designated and conveniently located with an all-weather road access provided. 6. All dry grains shall be stored in rodent-proof metal containers and hay storage shall be covered. Bulk or commercial amounts of grain or hay shall be located a minimum of fifty (50) feet away from any horse enclosure. D. Miscellaneous Operating Requirements. 1. The ground surface of horse enclosures shall be graded above their surroundings. A grading plan shall be submitted prior to issuance of a conditional use permit. 2. Storage and tack areas shall be designated on the site plan. 3. Continuous dust control of the entire premises shall be maintained subject to the regulations contained in Huntington Beach Municipal Code Chapter 8.24. The method for water sprinkling arenas and exercise pens shall be indicated on the site plan. 4. A permanent single-family residence shall be provided on the site with a watchman on duty twenty-four (24) hours a day. Two fully enclosed parking spaces shall be provided. Where a mobilehome is used to satisfy this requirement, one carport space and one open space shall be permitted. 5. A back-siphoning device shall be installed to protect the public water supply. An approved pressure vacuum breaker is recommended on the waterline serving the corrals. The vacuum breaker shall be at least twelve (12) inches above the highest point of water usage or an approved double- check valve may be used. 6. Security lighting shall be confined to the site and all utilities shall be installed underground. Chapter 230 230-27 10/3/94 4\s:C:MC230308\3/8/95 7. A log containing the name of every horse, its location in the facility, the owner's name and address, and the names and addresses of persons to be notified in case of emergency shall be maintained in the watchman's quarters for ready reference. 8. All fire protection appliances, appurtenances, emergency access, and any other applicable requirements, pursuant to Huntington Beach Municipal Code Chapter 17.56, shall meet the specifications of the fire department. 9. The entire site, exclusive of riding areas, shall be fenced in such a manner as to confine horses within the site in order to protect the perimeter landscaping from damage. Individual corrals shall be enclosed by a minimum five (5) foot high fence. E. Off-street parking and landscaping. 1. Parking and circulation design shall comply with the standards outlined in Chapter 231. In addition, the perimeter of the parking area shall be delineated by pilasters or wooden poles with chain, cable, or heavy rope connectors. The parking lot shall be surfaced in accord with the specifications of the department of public works. 2. Landscaping, as set out in Chapter 232, shall be provided except that the minimum landscaped area required shall be a ten (10) foot wide (inside dimension) planter along all property lines. 230.50 Indoor Swap Meets/Flea Markets Indoor swap meets/flea markets shall comply with the following requirments: A. Conditional Use Permit Required. Indoor swap neet/flea market uses may be permitted as temporary uses only upon approval of conditional use permit by the Planning Commission for a period of time not to exceed ten (10) years. One year extension of time may be granted after public hearing by the Planning Commission. B. Location Considerations: The Planning Commission shall consider the following issues when evaluating a proposed conditional use permit: l. The site's proximity to residences, schools, hospitals and other noise sensitive uses. 2. The potential adverse impacts on traffic circulation and pedestrian safety. 3. The site's proximity to other indoor swap meets/flea markets to avoid overconcentration of facilities. 4. The site's proximity to businesses processing hazardous materials. Chapter 230 230-28 10/3/94 4\s:C:MC230308\3/8/95 0 C. Location Criteria. 1. Indoor swap meet/flea market uses shall only be allowed on property located adjacen to arterial streets. D. Minimum Building Size. I. Minimum building gross floor area shall be one hundred thousand (100,000) square feet. E. Miscellaneous Requirements. I. Ancillary Uses. Ancillary uses may be permitted as included on the approved site plan. Such uses shall be included as part of the initial conditional use permit requires or shall be subject to new entitlement if proposed after the initial application has been filed. 2. Signs. Individual vendors shall not be permitted any outdoor signs, including temporary. Signs shall comply with the standards outlined in Chapter 233. 3. Parking. Parking shall comply with the standards outlined in Chapter 232. 230.52 (Reserved) 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) All Districts 230.62 Building Site Required No building or structure shall be erected or moved onto any parcel of land in the city except on a lot certified in compliance with the Subdivision Map Act and local subdivision and zoning provisions at time of creation or on a parcel created as a result of a public taking. No building or structure shall be altered or enlarged to increase the gross floor area by more than 50 percent within any one-year period except on a legal building site. Chapter 230 230-29 10/3/94 4\s:C:MC230308\3/8/95 230.64 Development on Substandard Lots Development on substandard lots shall be subject to approval of a Conditional Use Permit by the Zoning Administrator. A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use if it meets the following requirements or exceptions: A. The lot must have been in single ownership separate from any abutting lot on the effective date of ordinance that made it substandard. Two or more contiguous lots held by the same owner shall be considered as merged if one of the lots does not conform to the minimum lot size or width for the base district in which it is located. B. A substandard lot shall be subject to the same yard and density requirements as a standard lot, provided that in an R district, one dwelling unit may be located on a substandard lot that meets the requirements of this section. C. An existing legal lot comprising a minimum size of 5,000 square feet or greater and a minimum width of 50 feet or greater shall not be considered substandard for purposes of this section. 230.66 Development on Lots Divided by District Boundaries The standards applicable to each district shall be applied to the area within that district. No use shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use. (rest of page not used) Chapter 230 230-30 10/3/94 4\s:C:MC230308\3/8/95 ! i 230.68 Building Projections Into Yards and Courts Projections into required yards and courts shall be permitted as follows: ALLOWABLE PROJECTIONS IN FEETa Front Side Street Side Rear Yard Yard Yard Yard Fireplace or chimney 2.5 2.5b 2.5 2.5 Cornice, eaves and 3 2.5b 3 3 ornamental features Mechanical equipment 2 2b 2b 2 Uncovered porches, 6 3 4 5 terraces, platforms, subterranean garages, decks, and patios not more than 3 feet in height serving only the first floor Stairs, canopies, 4 2b 4 4b awnings and uncovered porches more than 3 feet in height Bay windows 2.5 2.5b 2.5 2.5 Balconies 3 2b 3 3 Covered patios 0 0 5c 5 Notes: allo individual projection shall exceed 1/3 of the building length, and the total of all projections shall not exceed 2/3 of the building length on which they are located. bA 30-inch clearance from the property line shall be maintained. cNo projection shall extend more than 1/2 the width of the street side yard. Chapter 230 230-31 10/3/94 4\s:C:MC230308\3/8/95 • • 230.70 Measurement of Height This section establishes standards for determining compliance with the maximum building height limits prescribed for each zoning district or as modified by an overlay district. A. Datum (100) shall be set at the highest point of the curb along the front property line. If no curb exists, datum shall be set at the highest centerline of the street along the front property line. B. The differential between top of subfloor and datum shall be a maximum of two (2) feet as determined by Public Works. In the event that any subfloor, stemwall or footing is proposed greater than two (2) feet above datum, the height in excess shall be deducted from the maximum allowable ridgeline height. C. Lots with a grade differential of three (3) feet or greater between the high point and the low point, determined before rough grading, shall be subject to conditional use permit approval by the Zoning Administrator. Conditonal use permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is compatible with adjacent development. 230.72 Exceptions to Height Limits Chimneys; vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas; parapet walls not more than 4 feet high; water tanks; fire towers; transmission antennae; 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. 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 and outdoor food service accessory to an Eating and Drinking Establishment shall be permitted subject to approval of a conditional use permit by the Zoning Administrator in the CO, CG, CV, OS and SP districts, but no outdoor preparation of food or beverages shall be permitted. B. Permit Conditions: Grounds for Denial. The Zoning Administrator may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties. If such impacts cannot be prevented, the Zoning Administrator shall deny the conditional use permit application. Chapter 230 230-32 10/3/94 4\s:C:MC230308\3/8/95 2. Appropriateness and location of signing and graphics. 3. The width of the sidewalk; 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 and utilities; 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: 1 . A license agreement shall be obtained from the City for outdoor sales or display uses permitted on public property. The license agreement shall be subject to termination at any time upon a 10 day prior written notice and upon determination of the Zoning Administrator that one or more of the conditions or provisions of this section have been violated, or that one or more factors listed in Subsection C above have changed and the permitted use is no longer compatible with the intended use of the public right of way or open space. Termination of a license agreement shall nullify the use permit. 2. The applicant shall enter into a Maintenance Agreement with the City for maintenance of all portions of public property used and approved by the Zoning Administrator for the outdoor sales or display. Said agreement shall be submitted to and approved by the Department of Public Works prior to commencement of the use. 7 �" l G:Leg. Draft:Carts & Kiosks\7/12/94 3. All cart and kiosks uses shall provide a public liability insurance policy as specified in all current insurance resolutions. Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. 4. 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. 5. During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan. 6. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles. 7. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach Municipal Code and Ordinance Code prior to issuance of a Certificate to Operate. 8. All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply. 9. 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 Zoning Administrator. 10. The sale of alcoholic beverages shall be prohibited except for Specific Events as provided in the Huntington Beach Municipal Code. 11 . A cart or kiosk shall be removed from the site when note in use, except for Specific Events as provided in the Huntington Beach Municipal Code, or as approved by the Zoning Administrator. 8 G:Leg. Draft:Carts & Kiosks\7/12/94 12. The number of employees for cart or kiosk shall be limited to a maximum of two persons. 13. The use permit may be transferred upon sale or transfer of the cart or kiosk or affiliated business. subject to a written request approved .by the Community Development Department and the property owner. If applicable, an amendment to the license agreement will be required prior to transfer of the use permit. A use permit transfer or license amendment may be denied if one or more factors listed in Subsection C above have changed and the permitted use is no longer compatible with the intended use of the public right of way or open space. 14. Fire extinguishers may be required at the discretion of the Fire Department. 15. All outdoor sale and display facilities shall be self contained for water, waste, and power to operate. 16. A cart or kiosk operator shall provide a method for disposal of business related wastes. 17. The Community Development Department shall conduct a review of the cart or kiosk operation at the end of the first six month period of operation. At that time, if a violation of the terms and conditions of this section or the use permit, a public hearing shall be scheduled before the Zoning Administrator for possible revocation. D. PARKING: No additional parking shall be required for cart or kiosk uses. SECTION 19. No legislative changes by this section. SECTION 20. No legislative changes by this section. 9 2` G:Leg. Draft:Carts & Kiosks\7/12/94 ATTACHMENT 3 ENVIRONMENTAL CHECKLIST FORM CITY OF HUNTINGTON BEACH PLANNING DIVISION ENVIRONMENTAL ASSESSMENT NO. 93-20 1. Name of Proponent: Ron Hagan, Community Services Director City of Huntington Beach Address: 2000 Main Street Huntington Beach, CA 92648 Phone Number: (714) 536-5291 2. Date Checklist Submitted for Review: October 7, 1993 3. Concurrent Entitlement(s): Code Amendment No. 93-5 4. Proiect Location: Citywide 5. Proiect Description: Adoption of of provisions to allow and regulate outdoor uses, i .e., carts, kiosks, and sidewalk cafes, on private and public property. ENVIRONMENTAL IMPACTS (Explanations of answers are included after each subsection.) Yes Maybe No 1< Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? _ _ X Discussion: Because no site development is involved, adoption of the proposed code amendment will not result in or create unstable earth conditions or result in changes to geologic substructures. b. Disruptions, displacements, compaction or overcovering of the soil? _ _ X Discussion: Because no site development is involved, adoption of the proposed code amendment will not result in any disruptions, displacements, compaction of overcovering of soil . ��TP� i Yes Maybe No C. Change in topography or ground surface relief features? Discussion: The proposed code amendment revisions do not consist of any development. Therefore, adoption of the document will not result in changes to topography or ground surface relief features. d. The destruction covering or modification of any unique geologic or physical features? _ _ X Discussion: Because no site development is involved in the proposed project, no destruction, covering, or modification of any unique geologic or physical features will occur. e. Any increase in wind or water erosion of soils, either on or off the site? _ _ X Discussion: No site development is involved in the proposed project which would alter soils through wind or water erosion. f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? _ _ X Discussion: No changes will occur which would result in the deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any inlet or lake. g. Exposure of people or property, to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? _ _ X Discussion: Adoption of the proposed code amendment will not result in the exposure of people or propert. to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards. *Note (a—g): Subsequent development under the provisions of the proposed code amendment may result in some earth impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? — _ X Discussion: Adoption of the proposed code amendment will not produce substantial air emissions or deteriorate the ambiant air quality. b. The creation of objectionable odors? _ _ X Discussion: Because no site development is involved, adoption of the proposed ordinance will not create any objectionable odors. Environmental Checklist —2— (1956D) • Yes Maybe No C. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? — — X Discussion: Because no site development is involved adoption of the proposed ordinance will not alter local or regional air movement, moisture, temperature, or any change in climate. Note (a-c): Subsequent development under the provisions of the code amendment may result in some air impacts. Any impacts generated will be project/site specific. Subsequent outdoor uses will be subject to the provisions of CEQA. Any projects that have a potential to result in significant adverse invironmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 3. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? - - X Discussion: Changes in currents or the course or direction of water movements will not occur if the proposed code amendment is adopted as no physical development is proposed which will alter such features. b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? _ X Discussion: No change in absorption rates, drainage patterns or runoff will occur if the proposed code amendment is adopted since no physical development has been included. C. Alterations to the course or flow of flood waters? _ _ X Discussion: No changes to the course or flow of flood waters will occur as the result of the adoption of the proposed code amendment. d. Change in the amount of surface water in any water body? _ _ X Discussion: As no site development is involved, no changes will occur in the amount of surface water in any water body. e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? _ _ X Discussion: No direct impacts to surface waters or surface water quality are anticipated to result if proposed code amendment is adopted. f. Alteration of the direction or rate of flow of ground waters? _ _ X Discussion: The direction or rate of flow of ground waters will not be affected if the proposed code amendment is adopted as no physical development is included. g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? _ _ X Discussion: As no site development is involved, no changes will occur in the quantity of ground water. Environmental Checklist -3- (1956D) i Yes Mavbe No h. Substantial reduction in the amount of water otherwise available for public water supplies? Discussion: No reduction in the amount of water available for public water supplies will occur because a specific development project is not involved in the code amendment. i . Exposure of people or property to water related hazards such as flooding or tidal waves? _ _ X Discussion: Adoption of the proposed code amendment will not result in the exposure of people or property to water—related hazards (e.g., flooding or tidal waves). *Note (a—i): Subsequent development under the provisions of the proposed code amendment may result in some water impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? _ _ X Discussion: Because .no site development is involved, neither changes in the diversity of species nor deterioration of vegetation will occur with the adoption of the proposed code amendment. b. Reduction of the numbers of any mature, unique, rare or endangered species of plants? Y Discussion: Because no site development is involved, reduction of the numbers of any unique, or rare or endangered species of plants will not occur if the project is approved. C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X Discussion:. Because no site development is involved, no new species of plant, or barriers to replenishment of existing plant species will result with the adoption of the proposed code amendment. d. Reduction in acreage of an agricultural crop? X Discussion: Because no site development is involved, a reduction in acreage of any agricultural crop ,will not result from the adoption of the proposed code amendment. *Note (a—d): Subsequent development under the provisions of the proposed code amendment may result in some plant impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. Environmental Checklist —4— (1956D) • • —Ye s Maybe No i 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? X Discussion: Since no site development is proposed, neither changes in the diversity of species nor number or any species of animals will occur with the adoption of the proposed code amendment. b. Reduction of the numbers of any unique, rare or endangered species of animals? _ _ X Discussion: Since no site development is proposed, reduction of the numbers of any unique or rare or endangered species of animals will not occur with the adoption of the proposed code amendment. C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? _ _ X Discussion: Since no site development is proposed, no new species of animals, or barriers to migration of existing animal species will result with the adoption of the proposed code amendment. d. Deterioration to existing fish or wildlife habitat? _ — X Discussion: Since no site development is proposed, no deterioration to existing fish or wildlife habitat will result from the adoption of the proposed code amendment. *Note (a-d): Subsequent development under the provisions of the proposed code amendment may result in some animal impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 6. Noise. Will the proposal result in: a. Increases in existing noise levels? _ X Subsequent development under the provisions of the proposed code amendment may result in some noise impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary to adequate environmental protection. b. Exposure of people to severe noise levels? X Discussion: See 6a. 7. tight and Glare. Will the proposal produce new light or glare? X Discussion: Because no site development is involved, adoption of the proposed code amendment will not result in the exposure of people to new light or glare. Subsequent development under the provisions of the proposed code amendment may result in some light and glare impacts. However, impacts will be project/site Environmental Checklist -5- (1956D) Yes Maybe No specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environment impacts will be subject to environmental review to determine the nature and extent of potential impacts an, any mitigation, if necessary to adequate environmental protection. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? _ X Discussion: Adoption of the code amendment does not propose any substantial changes to land uses in the City. However, subsequent development under the provisions of the code amendment may result in alteration of the present or planned land uses of an area. Any impacts generated will be project/site specific, and those projects that may have a potential to result in adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? _ __ X b. Substantial depletion of any non-renewable natural resource? _ X Discussion: The proposed code amendment does not propose any alteration to development standards which will result in any noticeable change in the use of non-renewable or natural resources. Furthermore, since no site development is included, adoption of the proposed code amendment will not result in an increase in the use of natural resources such as energy, water, and raw materials. 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? _ X Discussion: Since no site development is included, adoption of the proposed code amendment will not result in any risk of explosion or release of hazardous substances in the event of an accident or upset condition. b. Possible interference with an emergency response plan or an emergency evacuation plan? _ X Discussion: Because no development is included, adoption of the proposed code amendment will not interfere with an emergency response plan or evacuation plan. *Note (a-b): Subsequent development under the provisions of the proposed code amendment may result in some risk of upset impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? _ _ X Discussion: The proposed code amendment does not include provisions to increase, decrease or regulate density. Subsequent development will allow outdoor uses but these uses are not anticipated to alter the location, distribution, density or growth rate of the human population of the area. Environmental Checklist -6- (1956D) • • Yes Maybe No T —'' Housing. Will the proposal affect existing housing, or create a demand for additional hcusing? _ _ X Discussion: The adoption of the proposed code amendment will not have an impact upon the existing housing and will not result in creating a demand for additional housing. 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? _ _ X Discussion: Because no site development is included, adoption of the proposed code amendment will not generate additional vehicular movement. b. Effects on existing parking facilities, or demand for new off—site parking? _ _ X Discussion: The proposed code amendment does not include any amendments to the existing parking ratios or parking design requirements. Therefore, no impacts to parking are anticipated. C. Substantial impact upon existing transportation systems? _ X Discussion: Because no site development is proposed, no impacts to the existing transportation facilities are anticipated to result from adoption of the proposed code amendment. d. Alterations to present patterns of circulation or movement of people and/or goods? _ — X Discussion: Since no site development is included, neither p-G._Cnt patterns of circulation nor the movement of people and/or goods will be affected if the proposed code ar• rsdment is adopted. e. Alterations to waterborne, rail or air traffic? _ _ X Discussion: Since no site development is included, no waterborne, rail , or air traffic will be affected by adoption of the proposed code amendment. f. ' Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? _ _ X Discussion: Since no site development is included, no hazards to motor vehicles, bicyclists, or pedestrian will not occur if the proposed code amendment is adopted. 'Note (a—f): Subsequent outdoor vending/cafe uses permitted under the code amendment are anticipated to be established in existing commercial areas. While they may intensify or expand commercial uses at the sites, they are expected to serve existing customers at these facilities, therefore, parking and traffic generation is not anticipated to be significant. The proposed code amendment includes provisions which will require a minimum sidewalk clearance of 5 feet for pedestrian passage. However should a request include characteristics which may substantially impact traffic or parking conditions, it will be subject to the provisions of CEQA. 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? _ _ X Discussion: Adoption of the proposed code amendment will have no effect upon or result in the need for new or altered fire protection services. Environmental Checklist —7— (.1955D) i 1. Yes Maybe No b. Police protection? _ - X Discussion: Adoption of the proposed code amendment will have no effect upon or result in the need for nE or altered police protection services. C. Schools? - - X Discussion: No new school facilities will be required if the proposed code amendment is adopted. d. Parks or other recreational facilities? — _ X Discussion: No new parks and recreation facilities will be required if the proposed code amendment is adopted. e. Maintenance of public facilities, including roads? _ _ X Discussion: No impacts are anticipated upon the maintenance of public facilities or roads as a result of the adoption of the proposed code amendment. f. Other governmental services? _ _ X Discussion: No impacts to other governmental facilities are anticipated as the result of the adoption of the proposed code amendment. *Note (a-f): Subsequent development under the provisions of the proposed code amendment may result in some public service impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ — X Discussion: No substantial increases in demand upon existing sources of energy or requirements for the development of new sources of energy are anticipated as a result of the adoption of the proposed code amendment. b. Substantial increase in demand upon existing source of energy, or require the development of sources of energy? _ _ X Discussion: Adoption of the proposed code amendment will not result in the use of abnormally high amounts of fuel or energy. *Note (a-b):• Subsequent development under the provisions of the proposed code amendment may result in some energy impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. Environmental Checklist -8- (1956D) • Yes Maybe No 1 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? - - X Discussion: The adoption of the proposed code amendment will not create the demand for additional power (i .e., electricity) or natural gas. b. Communication systems? _ _ X Discussion: No new demand for communication systems will be created if the proposed code amendment is adopted. C. Water? X Discussion: No new demands for domestic water will be created if the proposed code amendment is adopted. d. Sewer or septic tanks? _ _ X Discussion: No new demands for sewer facilities or septic tanks will be created if the proposed code amendment is adopted. e. Storm water drainage? _ _ X Discussion: Adoption of the proposed code amendment will not necessitate new storm water drainage improvements. f. Solid waste and disposal? _ _ X Discussion: No new demands for solid waste disposal facilities will be created if the proposed code amendment is adopted. 'Note (a-f): Subsequent development under the provisions of the proposed code amendment may result in some utility impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 1.7. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ X Discussion: The creation of potential health hazards, physical or mental will not result from the adoption of the proposed code amendment. b. Exposure of people to potential health hazards? X Discussion: Adoption of the proposed code amendment will not result in the exposure of people to potential health hazards. Environmental Checklist -9- (1956D) j Yes Maybe No *Note (a-b): Subsequent development under the provisions of the proposed code amendment may result in some human health impacts. However, impacts will be project/site specific. Subsequent development projects wi' be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? _ _ X Discussion: Future development under the provisions of the proposed code amendment may be located on sites which result in potential impacts to the aesthetic environment. However, development of such facilities will be subject to the entitlement process and additional environmental review. Subsequent environmental documentation will fully analyze the potential impacts and identify appropriate mitigation measures prior to adoption of the projects. The proposed code amendment includes design criteria which addresses aesthetics of the outdoor uses. No significant averse aesthetic impacts are anticipated. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? _ _ X Discussion: The proposed code amendment will not create any impact upon the quality or quantity of existing recreational opportunities. 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Discussion: Because no site development is included, no alteration or destruction of archaeological, prehistoric, or historic sites will occur as a result of the proposed code amendment adoption. b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? _ _ X Discussion: Because no site development is included, no effects, physical or aesthetic, are anticipated to occur as a result of adoption of the proposed code amendment. C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? _ _ X i Discussion: Because no physical development is included, no unique ethnic cultural values are anticipated to be affected as the result of adoption of the proposed code amendment. I d. Will the proposal restrict existing religious or sacred uses within the potential impact area? _ _ X i Discussion: No known existing religious or sacred uses will be impacted as a result of adoption of the proposed code amendment. I *Note (a-d): Subsequent development under the provisions of the proposed code amendment may result in some t C impacts to archeological or cultural resources. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). i 1= i I Environmental Checklist -10- (1956D) I r'. . • Yes Maybe No As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 21 . Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, sub- stantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? _ _ X Discussion: As presented in the environmental analysis, the proposed code amendment does not consist of any development and will not have any impact on plant or animal species. b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) _ _ X Discussion: As presented in the environmental analysis adoption of the proposed code amendment will allow for outdoor uses in commercial districts. However, over the long-term, the new outdoor uses may increase, however, each use will be subject to CEQA and any mitigation necessary to protect environmental goals. No significant adverse impacts are anticipated. C. Does the project have impacts which are individually limited, but cumulatively consid- erable? (A project may impact two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment is significant.) _ _ X Discussion: Cumulative impacts associated with the proposed code amendment are not significant. d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? _ _ X Discussion: Provisions of code amendment do not alter development standards in any way which will impact animal/plant species. No significant adverse effects are anticipated to occur to human beings, either directly or indirectly if the proposed code amendment is adopted. Environmental Checklist -11- (1956u) DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there _ will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL _ IMPACT REPORT is required. Date T Signature For: City of Huntington Beach Community Development Department. Environmental Checklist —12— (1956D) Responses to Comments Negative Declaration No. 93-20 I. INTRODUCTION This document serves as the Response to Comments on the Negative Declaration No. 93-20. The public comment period expires November 13, 1993, however, this document contains all information available in the public record related to the Negative Declaration as of Friday,November 5, 1993 and responds to comments in accordance with Section 15088 of the California Environmental Quality Act (CEQA) Guidelines. Any additional comments received by the closing date and responses will be distributed to the Planning Commission prior to any action on the project. This document contains five sections. In addition to this Introduction, these sections are Public Participation and Review, Comments, Responses to Comments, and Appendix. The Public Participation section outlines the methods the City of Huntington Beach has used to provide public review and solicit input on the Negative Declaration. The Comments section contains those written comments received from agencies, groups, organizations, and individuals as of Friday,November 5, 1993. The Response to Comments section contains individual responses to each comment. It is the intent of the City of Huntington Beach to include this document in the official public record related to the Negative Declaration. Based on the information contained in the public record the decision makers will be provided with an accurate and complete record of all information related to the environmental consequences of the project. II. PUBLIC PARTICIPATION AND REVIEW The City of Huntington Beach notified all responsible and interested agencies and interested groups, organizations, and individuals that a Negative Declaration had been prepared for the proposed project. The City also used several methods to solicit input during the review period for the preparation of the Negative Declaration. The following is a list of actions taken during the preparation, distribution, and review of the Negative Declaration. 1. An official thirty (30) day public review period for the Negative Declaration was established by the City. It began on Thursday, October 14, 1993 and ends on Saturday, November 13, 1993. Public comment letters will be accepted by the City of Huntington Beach through November 16, 1993. 2. Notice of the Negative Declaration was published in the Huntington Beach Independent on Thursday, October 14, 1993. Upon request, copies of the document were distributed to agencies, groups, organizations, and individuals. 3. A copy of the cover letter and the distribution list is available for review and inspection at the City of Huntington Beach, Planning Department, 2000 Main Street, Huntington Beach, California 92648. III. COMMENTS Copies of all written comments received as of Friday,November 5, 1993 are contained in appendix A of this document. All comments have been numbered and are listed on the following pages. All comments from letters received have been retyped verbatim in a comment-response format for clarity. Responses to Comments for each comment which raised an environmental issue are contained in this document. IV. RESPONSE TO COMMENTS The Negative Declaration No. 93-20 was distributed to responsible agencies, interested groups, organizations, and individuals. The report was made available for public review and comment for a period of thirty (30) days. The public review period for the Negative Declaration established by the City commenced on October 14, 1993. Copies of all documents received as of November 5, 1993 are contained in appendix A of this report. Comments have been numbered with responses correspondingly numbered. Responses are presented for each comment which raised a significant environmental issue. Any comments received between November 5 and the closing date will receive responses and they will be distributed to the Planning Commission prior to any action on the project. Several comments to not address the completeness or adequacy of the Negative Declaration, do not raise significant environmental issues, or request additional information. A substantive response to such comments is not appropriate within the context of the California Environmental Quality Act (CEQA). Such comments are responded to with a "comment acknowledged" reference. This indicates that the comment will be forwarded to all appropriate decision makers for their review and consideration. Response to Comments ND 93-20 -2- Responses to Comments Negative Declaration No. 93-20 Carts, Kiosks, and Sidewalk Cafes Code Amendment T-1: Comment: Thank you for the opportunity to review and comment on the Negative Declaration No. 93-20. The proposed project is for the adoption of provisions to allow and regulate outdoor use, i.e. carts, kiosks, and sidewalk cafes, on private and public property. Caltrans, District 12 has the following comment for your consideration. Response: The comments consists of a description of the proposed code amendment for project identification purposes and gratitude for an opportunity to review. No further written response is necessary. D T-2 Comment: Caltrans issues permits to encroach on land within the jurisdiction of our department to ensure that the proposed encroachments are compatible with the primary uses of the State Highway System. Response: The proposed code amendment includes a requirement for issuance of an encroachment permit by Public Works for any use on public property. When public property falls within the jurisdiction of Caltrans, e.g. Beach Boulevard or Pacific Coast Highway, Public Works withholds issuance of the encroachment permit until such time as the applicant has submitted proof of Caltrans approval of the use. DOT-3: Comment: Please continue to keep us informed of any further developments that could impact our State Transportation Facilities. If you have any questions or need to contact us, please feel free to call Aileen Kennedy on (714) 724-2239. Response: The comment is acknowledged and will be forwarded to the appropriate decision makers for consideration prior to action on the proposed code amendment. Response to Comments ND 93-20 -3- HBEB-1: Comment• The Environmental Board concurs that a Negative Declaration (ND) is the appropriate level of environmental review for this project. In addition to the areas of concern addressed in the ND,the Board feel that the following issues need to be clarified: Response: The comment is acknowledged and will be forwarded to the appropriate decision makers for consideration prior to action on the proposed code amendment. Please refer to HBEB-2 through HBEB-6 Responses below. HBEB_2: Comment: Most responses to items 1 through 20 of the Initial Study are marked at "no" because no site development is required at this time. These responses should be changed from "No" to "Maybe", because the potential for future changes does exist. It should be stated that mitigation shall be provided at the site specific environmental review stage for any adverse impacts. Response: As previously mentioned, the proposed code amendment does not constitute any development. Should any subsequent development be proposed, the environmental impacts, including air, earth, water, etc., associated with the project will be analyzed at that time. BE - : Comment: F. Operating Requirements in the Ordinance under Item 8: Non-operating hours should be increased and carts, etc. should not be left unattended between 10:00 p.m. to 6:00 p.m. Response: The hours of operation may be reduced by the Zoning Administrator's action on any subsequent use permit application. This comment, does not pertain to the Negative Declaration but to the draft ordinance. It will, however, be forwarded to the decision makers for consideration prior to action on the code amendment. Response to Comments ND 93-20 -4- HBEB-4: Comment: Measures to control noise from music and crowd control need to be stated in the ordinance. Response: This comment does not pertain to the Negative Declaration. It is acknowledged and will be forwarded to the decision makers for consideration prior to action on the proposal code amendments. HBEB-5: Comment: Operators of carts, etc. must be prohibited from "washing down" their equipment on site. Response: This comment does not pertain to the Negative Declaration. It is acknowledged and will be forwarded to the decision makers for consideration prior to action on the proposal code amendments. HBEB-6: Comment: It has come to the Board's attention that the City of Anaheim may have a comprehensive ordinance on this subject. The Board encourages staff to review the Anaheim ordinance. Response: Staff contacted the City of Anaheim regarding this comment and has been advised that carts, kiosks and sidewalk cafes are unlisted uses that are subject to the conditional use permit process. No specific criteria has been established although an application for a hot dog cart may be supported if located in a large single complex where there is no food service in the general area. This comment does not pertain to the Negative Declaration. It is acknowledged and will be forwarded to the decision makers for consideration prior to action on the proposal code amendments. HBEB-7: Comment: The Environmental Board recommends approval of Negative Declaration No. 93-20, subject to adequate analysis and resolution of the above issues. Response to Comments ND 93-20 -5- y Response; The comment is acknowledged and will be forwarded to the appropriate decision makers for consideration prior to action on the code amendment. Staff maintains the Use Permit process and associated environmental analysis at time of subsequent development will address the concerns raised in the Environmental Board's commends HBEB-2 through 7. HBEB-8: Comment: If you have any questions or concerns regarding our comments, please contact Bill Linehan, Chairperson of Review Subcommittee. Response: This comment does not pertain to the Negative Declaration. It is acknowledged and will be forwarded to the decision makers for consideration prior to action on the proposal code amendments. Response to Comments ND 93-20 -6- To : Julie Osugi .Date : October 29, 1993 Assistant Planner r'`,� Q � '199.3 =rom. City oZ I-t_ncton eac:- Environmental Board Subject : Negative Declaration 93 -20 - Draft Ordinance to Permit Sidewalk Cafes , Kiosks and Pushcarts in the City of Huntington Beach The Environmental Board concurs a Necative Declaration (ND) is the appropriate level of enviro- -:tal review for this project . !n addition to the areas of concern addressed In the ND, the Board i feels that the following issues ..eed to be clarified: 1 . Most res'Donses to Items 1 t-ru 20 of the :nitlal Study are marked as "Nc" , because no =_te development is regulred at �B�C this time . These response_ should be changed from "No" to "Nay be" , because the potential for future charges does exist . ?� It should be stated that mitication shall be provided at the site specific environmental review stage for any adverse impacts . 2 . F. Operating Requirements in the Ordinance under Item 3 : H'a Non- operating hours should be increased and carts, etc should not be left unattended between 10 : 00 p.m to 6 : 00 a .m. 3 . Measures to control noise from music and crowd control need to �� be stated in the ordinance . 4 . Operators of carts, etc must be prohibited from "washing down" E their ec-uinment on site . 5 . It has come to the Board' s attention that the City of Anaheim EL may have a comprehensive ordinance on this subject . The Board encourages staff to review t:-e 1'naheim ordinance . The Environmental Board recommends approval of N-D No. 93 -20 , � subject to adequate analysis and resolution of the above issues . �GL If you have any questions or ccncerns regarding our comments , � g please contact Bill Linehan, Chairperson of Review Subcommittee . c� CC : All members of the Subcommittee , Krlsnan Lal , Mark Singer, Dan Torres i APPENDIX A . ® o STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Go.%, DEPARTMENT OF TRANSPORTATION 11 2501 P 7y01 VILMAN STREET SAWA ANA, CA 97705 I I October 28, 1993 City of Huntington Beach File:- iGRICEQA Ms. Susan Pierce SCH # 9310104T. Community Development 2000 Main Street { Huntington Beach, CA 92648 Dear Ms. Pierce: Thank you for the opportunity to review and comment on the Negative Declaration No. 93-20. The proposed project is for the adoption of provisions to allow and regulate outdoor use, i.e. cans, kiosks, and sidewalk cafes, on private and public property. Caltrans, District 12 has j the following comment for your consideration. Caltrans issues permits to encroach on land within the jurisdiction of our department to ensure that the proposed encroachments are compatible with the primary uses of the State DC Highway System. 4 Please continue to keep us informed of any further developments that could impact our State T ransponation Facilities. If you have any questions or need to contact us, please feel free Do' j to call Aileen Kennedy on (714) 724-2239. i I I EVERRETT EVANS, Chief Office of Planning and Public Transportation cc: Tom Loftus, OPR Ron Helgeson, HDQTRS Planning T. H. Wang, Traffic Operations il I ' h ATTACHMENT 4 Huntingtonfach De artment of Community felvelopment p STAFF KEFOKT EXECUTIVE SUMMARY APRIL 19, 1994 CODE AMENDMENT NO. 93-5B CARTS/KIOSKS (CONTINUED FROM THE APRIL 5. 1994 PC MEETING) (City-Wide) Code Amendment No. 93-5B is a request to establish zoning provisions to allow outdoor sales and displays (carts/kiosks) on private property. The project was continued from the Planning Commission meetings of January 19, March 1, and April 5, 1994. At the April 5, 1994, Planning Commission meeting, two (2) persons addressed the Commission and there were two (2) letters, one from Downtown Residents Association and from Huntington Beach Tomorrow addressing concerns of the proposed ordinance. After considerable discussion, a motion to continue the project failed by a tie vote; therefore, the project was automatically continued to the April 19, 1994 meeting. The Planning Commission recommended that the Subcommittee reconvene to discuss the two (2) letters and staff comments and present a recommendation to the Planning Commission. The Subcommittee is meeting on April 14, 1994, which is subsequent to the time the staff report is distributed. As a result, a summary of the Subcommittee meeting will be presented at the Planning Commission meeting. ATTACHMENTS 1. Staff Report dated April 5, 1994 2. Communication from Downtown Residents Association received April 5, 1994 3. Communication from Huntington Beach Tomorrow received April 5, 1994 SP���kj 1 B� I • huntington beach department of community development STAff EpOR EXECUTIVE SUMMARY APRIL 5, 1994 CODE AMENDMENT NO. 93-5B - CARTS/KIOSKS (CONTINUED FROM THE MARCH 1, 1994 PLANNING COMMISSION MEETING) (City-Wide) Code Amendment No. 93-5B is a request to establish zoning provisions to allow outdoor sales and displays (carts/kiosks) on private or public property. The project was continued from the Planning Commission meetings of January 19 and March 1, 1994 . These continuances allowed the subcommittee that was established by the Planning Commission an opportunity to further discuss the draft ordinance and formulate a recommendation to the Planning Commission. The subcommittee met three (3) times during February, and a revised draft ordinance was prepared. It was submitted to the Departments of Community Services, Public Works, 'Fire and Police for review and comments . The comments received are attached for your review. These comments indicate a preference to the draft ordinance prepared by staff and recommend a few additions or changes to clarify the subject matter . The changes have been made where appropriate to the subcommittee ' s recommended draft ordinance. Staff has also prepared a draft ordinance and recommends its approval by the Planning Commission. woo / �{A-�PL-FM-23D TO: Planning Commission FROM: Community Development DATE: April 5, 1994 SUBJECT: CODE AMENDMENT NO. 93-5B - CARTS/KIOSKS (CONTINUED FROM THE MARCH 1, 1994 PLANNING COMMISSION MEETING) APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: Adoption of provisions to allow and regulate outdoor uses, i .e. , carts, kiosks on public or private property. LOCATION: City-wide 1. 0 SUGGESTED ACTION: Motion to: "Approve Code Amendment No . 93-5B, Carts and Kiosks, as prepared by staff, with findings and forward to the City Council for adoption. " 2 . 0 GENERAL INFORMATION: At the December 7, 1993 , Planning Commission meeting, the Planning Commission separated the provisions on carts and kiosks from outdoor dining . The Planning Commission also appointed a subcommittee to review the draft ordinance and consider comments received from the public. Code Amendment No . 93-5A, Outdoor Dining, was approved by the Planning Commission on January 19, 1994 . The public hearing on Code Amendment No. 93-5B, Carts and Kiosks, was continued to allow the subcommittee an opportunity to finalize its recommendation. Negative Declaration No . 93-20 considered cumulative impacts of both ordinances and was approved by the Planning Commission on January 19 , 1994 . Three (3) subcommittee meetings were held . The subcommittee recommended the following changes : - Change Ordinance title from "Carts/Kiosks" to "Outdoor Sales and Displays" ; - Change reference from "Carts/Kiosks" to "Points of Sale" ; - Require a minimum distance of 50 feet between "Points of Sale" on public right-of-way; - Prohibit alcohol beverages sales ; and - All fees and deposits be paid prior to issuance of a Certificate to Operate. Based upon these changes, a revised draft ordinance was distributed to Community Services Department, Public Works Department, Police Department and Fire Department for comments . These comments are attached for your information, and where appropriate, have been included in the subcommittee ' s recommended ordinance. Some of the key elements of the carts/kiosks ordinance are as follows : - Requires use permit approval by the Zoning Administrator; - No parking requirements ; - No grandfathering of existing uses; - Eight (8) foot wide sidewalk clearance for pedestrian use; and - Requires License and Maintenance Agreement and Liability Insurance for carts/kiosks located on public property. Staff believes that the draft ordinance prepared by staff, and with changes recently recommended by Police, Public Works , Fire and Community Services will be more acceptable to the community and result in efficient administration of the Ordinance . Both draft ordinances apply to public and private property city-wide. Staff supports the code amendment because outdoor sales and displays consisting of carts/kiosks furthers the goal of creating a pedestrian oriented environment outlined in the Downtown Specific Plan. Outdoor sales and displays provides opportunitites for small vendors to establish businesses which produce income when jobs are acarce. In many cases, the cart/kiosk operations serve as retail incubators and often result in the creation of small stores . 3 . 0 RECOMMENDATION: Staff recommends the Planning Commission approve Code Amendment No . 93-5B as prepared by staff with the following findings and forward to City Council for adoption: FINDINGS FOR APPROVAL - CODE AMENDMENT NO. 93-5B: 1 . Code Amendment No. 93-5B will provided additional opportunities for small vendors to sell a product in the City of Huntington Beach. Staff Report - 4/5/94 -2- (7551d) 0 • 2 . Code Amendment No . 93-5B contains provisions to regulate the design and location of outdoor sales and displays to ensure that these uses do not create undue congestion on public or private properties, and to reduce the liability of the City and surrounding property or business owners . 4 . 0 ALTERNATIVE ACTION: The Planning Commission may: A. Approve Code Amendment No. 93-5B as reccommended by the subcommittee with the changes suggested by Fire, Police, Public Works and Community Services Departments; or B . Deny Code Amendment No . 93-5B with findings . ATTACHMENTS: 1. Planning Commission Staff Reports dated November 16, December 7, 1993 and March 1, 1994 . 2 . Draft Ordinance - Subcommittee Recommendation 3 . Draft Ordinance - Staff Recommendation 4 . Comments received from Public Works, Fire, Police and Community Services Departments 5 . Letter from Conroy' s Inc . dated February 25, 1994 6 . Video presentation handouts 7 . Alternative Findings for Denial SH• •kj 1 Staff Report - 4/5/94 -3- (7551d) ATTACHMENT 5 CODE AMENDMENT NO. 93-5B CARTS AND KIOSKS MATRIX OF OUTSTANDING ISSUES April 19, 1994 ITEM ISSUE PUBLIC SUBCOMMITTEE STAFF 1 Points Of Sale Carts and Agree to Carts and Kiosk Concur with both Kiosk 2 Review Body Planning Zoning Administrator Concur with Subcommittee Commission 3 Service Define and Delete Concur with Subcommittee delimit 4 Connected/ Clarify No change Concur with Subcommittee adjacent connected adjacent 5 Time limit 15 day limit for Amend current code to also Concur with Subcommittee displays and allow displays on public carts property as temporary outdoor event 6 Clear pedestrian 10 feet 8 feet Concur with Subcommittee area 7 Use Permit Include Not necessary; Use Permits Concur with Subcommittee termination language may be revoked 8 Site cleanup Include in Is included Concur with Subcommittee maintenance agreement 9 Use Permit Every 6 months One six month review only Concur with Subcommittee review 10 Alcoholic Prohibit Kerins: prohibit Concur with Inglee beverages Inglee: allow for special events 11 Transfer PC review Use Permits run with the Concur with Subcommittee upon sale or land transfer 12 Separation Preclude swap 50 feet None meet appearance /SPCARTS5 ITEM ISSUE PUBLIC SUBCOMMITTEE STAFF 13 Solicitation Passive; no Prohibit sales or solicitation Concur with Subcommittee hawking to to persons in vehicles passers-by 14 Removal of Remove when Draft ordinance does not Concur with Subcommittee cart/kiosk not in operation allow unattended facilities; and store in facilities may be stored out permanent of area indoor area 15 Where Clarify if Covered in ordinance Concur with Subcommittee permitted allowed on public, private or jointly owned area 16 Preclude use Disallow in Kerins: Concur with public Concur with Inglee mini-park, Inglee: No change fountain area, beach area 17 Parking Impose parking No parking requirement Concur with Subcommittee requirement 18 Trash Central trash Not discussed Require vendor to carry collection point I offsite to legal dump site /SPCARTS5 ATTACHMENT 6 0 0 B. PUBLIC HEARING ITEMS B-1 CODE AMENDMENT NO. 93-511 - CARTS/KIOSKS (CONTINUED FROM THE APRIL 5, 1994 PC MEETINGI: APPLICANT: Department of Community Services, City of Huntington Beach- To establish provisions in the Huntington Beach Ordinance Code to permit and regulate outdoor sales and displays (carts and kiosks). LOCATION: City-Wide Code Amendment No. 93-513 is a request to establish zoning provisions to allow outdoor sales and displays (carts/kiosks) on private property. The project was continued from the Planning Commission meetings of January 19, March 1, and April 5, 1994. At the April 5, 1994, Planning Commission meeting, two (2) persons addressed the Commission and there were two (2) letters, one from Downtown Residents Association and from Huntington Beach Tomorrow addressing concerns of the proposed ordinance. After considerable discussion, a motion to continue the project failed by a tie vote; therefore, the project was automatically continued to the April 19, 1994 meeting. The Planning Commission recommended that the Subcommittee reconvene to discuss the two (2) letters and staff comments and present a recommendation to the Planning Commission. The Subcommittee is meeting on April 14, 1994, which is subsequent to the time the staff report is distributed. As a result, a summary of the Subcommittee meeting will be presented at the Planning Commission meeting. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No. 93-513, Carts and Kiosks, as prepared by staff, with findings and forward to the City Council for adoption. THE PUBLIC HEARING WAS CLOSED AT THE APRIL 5, 1994 MEETING The following straw votes were taken from a matrix of outstanding issues, to be incorporated into the Ordinance: 1. To refer to the uses in the proposal as "Carts and Kiosks", Motion by Gorman, Second by Kerin, five (5) ayes, Inglee -Noe, Newman- Absent. APPROVED. 2. The review body for Carts and Kiosks shall be the Zoning Administrator, Motion by Richardson, Second by Dettloff, five (5) ayes, Biddle -Noe, Newman - Absent. APPROVED. PC Minutes-4/19/94 2 (p=006) 0 0 3. The word "service" shall be deleted for 5.9730.90, Outdoor Sales and Displays, and under Section A(3), definitions, Motion by Gorman, Second by Inglee, six (6) ayes, Newman - Absent. APPROVED. 4. There shall be no change to the wording in S.9730.90(B)(1), Motion by Kerins, Second by Richardson, six (6) ayes, Newman - Absent. APPROVED. 5. To amend current code to also allow displays on public property as temporary outdoor event, Motion by Gorman, Second by Dettloff, six(6) ayes, Newman - Absent. APPROVED. 6. There shall be no change to the working in 5.9730.90(B)(2), Motion by Gorman, Second by Richardson, five (5) ayes, Biddle -Noe, Newman - Absent. APPROVED. 7. Language for Use Permit termination will not be necessary as Use Permits may be revoked, Motion by Gorman, Second by Inglee, six (6) ayes, Newman - Absent. APPROVED. 8. Site cleanup language within the Ordinance is sufficient, Motion by Gorman, Second by Kerins, six (6) ayes, Newman - Absent. APPROVED. 9. Only one (1), six (6) month review shall be necessary, Motion by Gorman, Second by Kerins, six (6) ayes, Newman - Absent. APPROVED. 10. Alcoholic beverages shall be prohibited with the exception of special events, with conditions imposed by the City, Motion by Gorman, Second by Inglee, six (6) ayes, Newman - Absent. APPROVED. 11. Use Permits will run with the land, Motion by Inglee, Second by Richardson, five (5) ayes, Biddle -Noe, Newman - Absent. APPROVED. 12. A minimum fifty(50) foot separation shall be maintained between point-of-sale facilities, Motion by Gorman, Second by Kerins, five (5) ayes, Biddle -Noe, Newman - Absent. APPROVED. 13. Prohibit the sales or solicitation to persons in vehicles, Motion by Kerins, Second by Gorman, five (5) ayes, Inglee -Noe, Newman - Absent. APPROVED. 14. Unattended facilities shall not be allowed, facilities may be stored out of area except as determined by the Zoning Administrator, four (4) ayes, Gorman -Noe, Newman, Inglee - Absent. APPROVED. 15. The permitted placement of Carts and Kiosks, shall be as stated in the Ordinance, Motion by Gorman, Second by Kerins, six (6) ayes, Newman - Absent. APPROVED. PC Minutes-4/19/94 3 (pcm006) 0 16. Carts and Kiosks shall not be allowed in mini-park, fountain area, beach area, Motion by Kerins, Second by Biddle, four (4) ayes, Richardson, Inglee -Noe, Newman - Absent. APPROVED. 17. No parking requirements shall be imposed, Motion by Gorman, Second by Richardson, five (5) ayes, Biddle -Noe, Newman - Absent. APPROVED. 18. The Zoning Administrator shall determine the process for trash disposal on an individual bases, Motion by Kerins, Second by Biddle, six (6) ayes, Newman - Absent. APPROVED. A MOTION WAS MADE BY RICHARDSON, SECOND BY GORMAN, TO APPROVE CODE AMENDMENT NO. 93-511 - CARTS/KIOSKS,WITH THE INCORPORATED STRAW VOTE CHANGES, AND FORWARD TO CITY COUNCIL FOR APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED B-2 USE PERMIT NO. 93-94/CONDITIONAL EXCEPTION VARIANCE NO. 93-41/SPE L SIGN PERMIT NO. 93-16 CONTINUED FROM THE MARCH 15 1 94 PLANNING COMMISSION MEETING : APPLICANT: S uthern California Restaurant Enterprises LOCATION: 175 Beach Boulevard (southwest corner of Beach Boulevard and S ter Avenue including the vacant parcel to the west) Use Permit No. 93-94, Condition Exception (Variance)No. 93-41 and Special Sign Permit No. 93-16 represent a reque to establish a drive-through restaurant(Rally's) with an outdoor dining area; variances to e croach the front setback and the sight angle, reduction in required planter width, an eight (8) space parking reduction; special sign permit to allow a freestanding sign, wall ' ns, menu boards, directional signs and exposed neon tubing. The subject property is locat at the southwest corner of Beach Boulevard and Slater Avenue, 17501 Beach Boulevard, nd zoned C4, Highway Commercial. PC Minutes-4/19/94 4 (p=006) ATTACHMENT 7 LU a' -- z" - 1 z J I Q - 3 • ! �`i NATURAL CONCRETE W/SCORELPJESco _. \ ,>• > .. cn OPHOENIX CANARIENSIS i h' L �__l; COLOR PLANTING / •:: r INTERLOCKING PAVERS '\�:,• 9 �/� SEAT HIGH CONCRETE PLANTER/ \ L- I k o� II Public properly ava.lt4bl•- c./ prjvo. ec pro pe-rlx avau I0.ble , % cc.c i.pleo( MAIN STREET IMPROVEMENTS_ CITY OF HUNTINGTON BEACH f .. ..........4.-..4r....:tL' ws�o��erwwN�'avN+aeY�r✓:sv.w..n•+.i+w•:+.noses.w�,a.+a.w.niwr.r.wr`..v......--.-•...........«.-........�.....,... ui C � • z � W J f+ > C w ID <ING PAVERSAl BOLLARDS -CANOPY TREES -12'WIDE CONCRETE BAND P • sr OF-r, public, Prop o voLlUle �� �ri Va�� �rvp�►�-Y aVa�l a,b l-e, O c�u p eel D =c�1 n In w ' - w 0 z a • ARECASTRUh1 ROMANZOMANUM--� ;r+OPY TREES ��� `; �• BIKE RACK CFFla Gk P".blic. prape�'-+y available Gk fr;va+e pro fey; X ova;\a.61'e•. oC."►. A A = d"hih9 �� carE-/kiosk �lK public prope� Avau lcab(e • y �riva+e �ropeY� MAOa labl-e O gc�up�e� b �k = co- c 11 L/BRAR Y c TRACMECARPU$FORTUNEII 1 RAPHIOLEPIS'MAJESTIC BEAUTY:: INTERLOCKING PAVERS •'� --12'WIDE CONCRETE BAND BOLLARDS ;=' / Q Z Q w \ a k Pub(iL P rv�P.✓�y ava�IcM-e— �/K ri vale P rr� I ab I e i P 0 CC �z 9LF cr oil -- ; INTERLOCKING PAVERS--r-.,I t2'WIDE CONCRETE BANG •'•'� ^. BOLLARDS r + a DL ARECUSTR tli ROMANZOFFIANUM Q Q \ U Q Q Hunting n leach ci'rnoz'm +r { Noy 2_1 ___ BOX eaa � �1 r Huntington Boach,CA 92648 NovewJ'.)Or 15 . 1994 Huntington Beach City Council Huntington BeOG-h City Hall 2000 Main Street Huntington 9each , CA 9264$ X wish Lo ` Ubmit: Uhp, fol.lowing cofi;#rjei, `.' ;Jri k_)eIlzilf of I-iuritirigton Ueach -tomorrow with ro9ard to lwode N,� . i /0 0661A'eat-10n 1140 . 9,3 -2u : CST' t.,�: Gild Kiu!:A!j , C!. ,V C-uuricil Agenda Item 0-4 , 11/21/94 , We, navF.� followed this It ern and the a55oclated Code �trrier.Orjient 93A , the ou'�(I-)or dining ordinance. , cla--ely for- (more than a Year and half . We continue to feel that these two ordinances are extremely important, to the economic fuic.rre and viability of the cicia 7"oirlTl area as well as the atmosphere and environment in which residents will live . We also curt; nue to feel that the ;.;1i"':�'. .�'� which -over t� 8^�G uses ?3o ;`. be the t>+?St. that one GAn � a000r;c~.'n1 Pwrovide to fereatall an)- `PrgeevabLe problems which might �- ise as these uses occur . We -, 0 i. > ',r wi..sii f �.i ais :.� . T, �i1 v ria ,.'or ,.,hc, a1 :w"� her - ; y.E.��. E �;i` •"� {- ;y?!'1'. Ji, ,. f:_o �iilt'i1! -^tom ( L , _ .. _ .. t.akei1 i:are to see the no R l � the iterations of these ordLnances h:as been c ; v rIUou5 , 'u'£l i"' ii ri f l'1 l c Ca a r m i.d d Staff f i' l t'i G 't t:?'C 1 ) `i t"-'e s e a.. i � e?r v t c arc na Ces • BY dr>ir, s h e hay ?;eeii ary e ,;- - :: b.a her attempt to avoid the need for a pr<1t;r•a_':tedl ,co ( +.r ; 1 the present~ ordinance similar to that. vd-'Ichi _ ,rt, <,,, 4,, C: "If3C 0fl with the originally supplied version of the cis ocor dining or i rice . We £,f ii :f i�;�' k.0 r. i _ i'! r j i>•r r ::? !',Fr. f o and re-spon--;�lver':e!s:5 Loy our, comtiieviLt; Qij t-hese, of C11CiancF3s .. our primary canoe: ns with, re!jar,,; t ,o those ordinances ha; been largely rassoC a*.$-,<-' 1 . undesirable of f>?cts aLsociated with the encroachment: of private uses onto PUL)i i c p opiyr ty n r;1a into public space; 2 . the possible negative effects of —controlled proliferation of 4ticaz:)a uz�¢aa" -j.- -The -,rb-k ,tt -vf -tke. vwpt'ic;"to- heote, meani rng+u.i i nput resurdi ns 1 _ 1 i ' projected uses . especially where these uses would involve public property , especially open space; 4 . production of a result6nt downtown atmosphere with will be attractive to all members of the community . families , downtown residents and visitors alike . Except as noted below , we support the Planning Commission version of the ordinance as it would be modified by incorporation of the staff recommendations incorporated in the RCA . By limiting the Q%o of carts And kicsks to private property , applying appropriate provisions for access and passage and providing for market drivon c:viiLi vl of 0•,t,66 lj..36n prormILLUd 6v lhiv D7,;R itrirq 7r_,nlno Mn14 Subdivision Ordinance , the staff has responded to most of our concerns with regard to previous versions of the ordinance . The following are our remaining comments and requests regarding the staff-recommended version of _the carts and kiosks ordinance ( page numbers refer to the dot numbers at the bottom right of the RCA ) . WQ r4p Q bell ve and r�quest that there should be 10 Oat~ o t�ig �, Swage �or pedes r i c.-ns off' -Lhe- sidewalk areas downtown . wherever it is possible to attain such free passage . For anyone who has tried to walk downtown during times when it is crowded , it is annoying and inconvenient to continually have to step to the side or bump into people' in trying to pass one another . The Council acknowledged this in requiring 10 feet in the first blook for outdoor dining use . Certginly , it would seem there should be no less for carts and kiosks use . Since carts and kiosks are even less fixed in plate and apparently not to be cordoned to help avoid oncroa.whment , it is even more likely that free passage may bo reduced by these uses . 10 feet ought to be the bare minimum for clearance throughout the downtown area for this use and we request that that clearance be adopted . 2 . We request that "car use" be inserted after "maintenance" in Section 12 , Item 5 , page . 11 , 3 . We request that " landscaping" be inserted after "utilities" in B . Factors to Consider , Item 5 , page . 12 . 4 . For reasons provided in connection with the outdoor dining ordinance , well known to the Council and residents of r „i.s city and reiterated time and again by the Police Department . i .e . the many problems (associated with the sale and use of alcoholic beverages outdoors in the downtown area , we remain adamantly opposed to the ,gale sand u.se of these beverages in the downtown area . We request , therefore , that C . Operating Requirements , rovi.s.ions and Conditions , Ttem 9 . Page . 13 be modified to read "tart and Kiosk =;aIr� of alcohc;I is ',-)evevages shall be prohibited . " . In conclusion , we i-oquest that the Cou,tcil adopt the teaff-- recommended ver--ion of the carts and kiosks ordinance as amended by the comments above , since adoption of the unmodified Planning Commission version would ,leave substantial questions concerning matters such as the use of and impact on public property and open space , compensation for that use , proliferation , impact on existing businesses and outdoor use of alcoholic beverages unanswered . Thank you for your of these comments . W no- l y , r®sident , ' Huntington Beach Tomorrow F}M 'idea j711�J(J a . eased 10 k lL9G OWi9W 1gU1WSU xB1 pueiq„,j-{sod 3 Td WUSS:60 V-66T T7 ..,OH =0T'D VT`+ [11'r 3HFJHd N /ON RESIDENTS' R�W r r 1 TO: Huntington Beach City Council FROM: Dianne Easterling, Downtown Resident's Association DATE: November 21, 1994 RE: Agenda Item D-4: CODE AMENDMENT NO. 93-58/NEGATIVE DEC NO. 93- 20: CARTS AND KIOSKS ORDINANCE Q Relative to the above mentioned Code Amendment we wish to niake the foilowing wromeil is , Vyb haYa fellsw" thv :tty4j-,pre anf of thA r-A►t wv l I < ordinance from its beoinnincr`r'h early = 1002. Wo have always kin cif the opinion th?t r`Art- And kiosks should not be allow -on Main Street in downtown Huntington Beach. This was also the opinion and recommeridbtidh of the Cart/Kiosk (ornmittee meeting of June 24, 1992, C- Since that tirr>e we have rnet with members of staff on this subject and we wish to thank Melanie Fallon and Susan Pierce for their attention to and consideration of our concerns. At this rr,int it apr Arc that the hest compromise for all concerned will be ChanM which are noted on Page 4 (.4), Page � (.5j and page 8 (.6 of tl ld s,talt repoa before you tonight: The recomrr>rnded changca will cfifootiYely eliminate rarta/kiosks from p".Olir rrr)rA , and allowing them only on private property. if they cannot be recommended to be eliminated 411111Pcly,Lnls is an do ptaCJtB tt�rr+flrurriise. ...�rvi••F.Ii C.";.Viul"laUllrS'd:.r'rt'it Y litifl`ti-YeQt41NLi ' t:�4t'�"�:'F .,'r. 1--W 1-07--i ln; i pe6hlbllad :.`t 'WI Vrng?. IA*j rcfcr to Fago .13 of tho &off RQpQrt, Pint V. ' THE FAO � n� r-u et r(A-r tt' PV �RAGl=s 1-IJ!4 IL li IJ14LJHILA 1 P-U 'I�ICI'I lot.", �p'lot.Irmit. r UT-_it i:► jowl F RO"el®Co Ili Tt IC AA MUNICIPAL.CODE." Vve ie.omn-m--nd that Point Q rcnd- 'THE SALE OW Al OHOUC BRACES SHALL 1*� PR HILTED." To finalize, we respectfully request your adoption of 3t& eha -. and th© point 9 change above regarding sale of alcohol Thnntr you-fc our consideration of our rnnrArnS. sir Iwre / —, /Y- 4 - ""..�/ W. Diann terling Co-Chair Downtown Resident's Asso"-10,n CC: Connie Brockway, City Clerk "x�� Melanie FallorVSusan Pierce UIOA j / O ' �� •`�y 4L9L ouieuJ igluwsur3.rl x�;put�aq«:lr-lead TA LJH171n'T T bC-.F,T T- -f-,0H MT9 9:. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a PUB�(cNOT(cE - the Proposed Zoning and resident Of the County aforesaid' I am CODE AMENDMENT {Subdivision Ordinance and NO.93.5B Downtown Specific Plan 'Rewrite. over the age of eighteen years, and not a j (Carts/Kiosks) I ON FILE: A copy of the NOTICE IS HEREBY proposed request is on file party to or interested in the below. GIVEN that the Huntington tin the Community Develop- Beach City Council will :ment Department, 2000 entitled matter. I am a principal clerk of houncil Chambringinthe ,Main Street, Huntington Council Chamber at 'the Beach, California. 92648, Huntington Beach Civic for inspection by the pub- the H U NT I N GTO N BEACH INDEPENDENT, a Center, 2000 Main Street. lic. A copy of the staff re- Huntington Beach, Califor- port will be available to in- newspaper of general circulation, printed nia,on the date and at the ;terested parties at City Hall time indicated below to re- or the Main City Library I and published in the City of Huntington ceive and consider the J(7111 Talbert Avenue) after i statements of all persons !November 4,1994. BeachCounty of Orange State of ',who wish to heard re - . ALL INTERESTED PER- , , 'five to the application de- SONS are invited to attend scribed below. jsaid hearing and express California, and that attached Notice is a DATE/TIME: Monday, No- I{opinions or "submit evi- vember 7,1994,6:30 PM ,dence for or against the true and com lete co as was rinted APPLICATION NUMBER: application as outlined P PY p Code Amendment No, 93 I above. If you challenge the 5B City COun.I's action in I and published in the Huntington Beach APPLICANT: City of Hun- court, you may be limited tington Beach to raising only those issues i and ' Fountain Valley issues of said LOCATION:City Wide you or someone else REQUEST: To establish r raised at the public hearing newspaper to wit the issue(s) of: Provisions in the Hun- described in this notice, or ;tington Beach Ordinance in written correspondence !Code and Downtown Spe- delivered to the City at, or. cific Plan to permit and prior to,the public hearing. regulate carts and kiosks. ' If there. are any, further ENVIRONMENTAL STA- j 1 questions please call October 27 1994 TUS: Covered by Environ- Susan Pierce, Associate r mental Assessment No.91- Planner,at 536-5271.Direct t 32• l your written communica- i COASTAL STATUS: An tions to the City Clerk. amendment to the Hun- I CONNIE BROCKWAY, tington Beach Local ! CITY CLERK Coastal Program Imple- 1 CITY OF H U N- menting Ordinances will be a filed with the California T I N G T O N BEACH, Coastal. Commission fol- 12000 MAIN STREET, a I declare under penalty ofperjury, that lowing adoption by the City. � 2ND FLOOR, HUN i p y Council and inclusion in 'TINGTON BEACH, CA, the foregoing is true and correct. y 15FOR52127 2648, 1714i i Published Huntington Beach-Fountain Valley In- dependent October 27, Executed on October 27 , 199 4 1994. 104-244 at Costa Mesa, California. - -- Signature /0/�-7 CODE AMENDMENT NO. 93-513 (Carts/Kiosks) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on.the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TEVIE: Monday, November 7, 1994, 6:30 PM APPLICATION NUMBER: Code Amendment No. 93-513 APPLICANT: City of Huntington Beach LOCATION: City Wide REQUEST: To establish provisions in the Huntington Beach Ordinance Code and Downtown Specific Plan to permit and regulate carts and kiosks. ENVIRONMENTAL STATUS: Covered by Environmental Assessment No. 91-32. COASTAL STATUS: An amendment to the Huntington Beach Local Coastal Program Implementing Ordinances will be filed with the California Coastal Commission following adoption by the City Council and inclusion in the Proposed Zoning and Subdivision Ordinance and Downtown Specific Plan rewrite. ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library(7111 Talbert Avenue) after November 4, 1994. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call Susan Pierce, Associate Planner, at 536-5271. Direct your written communicatons to the City Clerk. CONNIE BROCKWAY,CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET, 2ND FLOOR HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5227 i hApierce\0041hr Y PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange ) I am a Citizen of the. United States and a resident of the County aforesaid; I am PUBLIC NOTICE the Proposed zoning and I CODE AMENDMENT Subdivision Ordinance and NO. Downtown Specific Plan over the age of eighteen years, and not a Rewrite. (Carts/Kiosks) ON FILE: A copy of the NOTICE IS HEREBY proposed request is on file party to o r interested i n the be I ow GIVEN that the Huntington in the Community Develop- Beach City Council will ment Department, 2000 ; entitled matter. I am a principal clerk Of hold a public hearing in the Main Street, Huntington ' Council Chamber at the Beach, California 92648, the H U NT I N GTO N BEACH INDEPENDENT, a Huntington Beach Civic ; for inspection by the pub- ! Center, 2000 Main.Street, lic. A copy of the staff re- newspaper of general circulation, printed HuntingtonBeach, Califor- port will be available to in. ; nia,on the date and at the terested parties at City Hall time indicated below to re- or the Main City Library and published In the City of Huntington ceive and consider the (7111 Talbert Avenue) after statements of all persons November 4,1994. Beach, County of Orange, State of who wish to be heard rela- ALL INTERESTED PER- T tive to the application de- SONS are invited to attend California, and that attached Notice is a scribed below. said hearing and express DATE/TIME: Monday, No- I opinions or submit evi true and complete copy as was printed vember 7,1994,6:30 PM dence for or against the APPLICATION NUMBER: application as outlined Code Amendment No. 93- above' If you challenge the and published in the Huntington Beach 5B City Councils action in APPLICANT: City of Hun- court, you may be limited and 'Fountain Valley issues of said tington Beach to raising only those issues LOCATION:City Wide you or someone else newspaper to wit the issue(s) of: REQUEST: To establish raised at the public hearing provisions in the Hun- described in this notice, or tington Beach' Ordinance in written correspondence Code and,Downtown Spe delivered to the City at, or cific Plan to permit and prior to,the public hearing. regulate carts and kiosks: If there are any further ENVIRONMENTAL STA- questions please call October 27, 1994 TUS: Covered by Environ. i Susan Pierce, Associate mental Assessment No.91- Planner,at 536-5271.Direct 32. your written communica- COASTAL STATUS: An tions to the City Clerk. amendment to the Hun- CONNIE BROCKWAY, tington Beach Local CITY CLERK Coastal Program Imple. CITY OF H U N. a menting Ordinances will be T I N G T O N BEACH filed with the California I declare, under penalty a l t o f perjury, that Coastal Commission fol- 12000 MAIN STREET, p y lowing adoption by the City 12 N D FLOOR, H U N- the foregoing is true and correct. Council and inclusion in TINGTON BEACH, CAL. IFORNIA 92648, (714) i T/ 536-5227 I Published Huntington Beach-Fountain Valley In- i dependent October 27, Executed on October 27 199 4 1994. at Costa Mesa, California. �_ 104.244_J Signature REQUEST FOR CITY COUNCIL ACTION Date: November 7, 1994 CD94-58 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City AdministratorL�_ Prepared by: Melanie S. Fallon, Director of Community Development Subject: CODE AMENDMENT NO. 93-511 - NEGATIVE DECLARATION NO. 93-20 - CARTS AND KIOSKS Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue,Recommendation, Analysis,Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Code Amendment No. 93-5B was continued from the October 3, 1994, City Council meeting to allow Community Development staff to incorporate the carts and kiosks code amendment into the new Zoning and Subdivision Ordinance. Community Development staff has received many comments regarding the proposed carts and kiosks code amendment and is continuing to analyze these. A continuance to November 21, 1994 is recommended to allow additional time to complete the analysis, formulate a staff recommendation, and provide a two week advance public review of the revised ordinance pursuant to the Community Development Department's policy. RECOMMENDATION: Motion to: "Continue Code Amendment No. 93-5B to the November 21, 1994, City Council meeting." MTU:MSF:SP I RCA 11\7\94 Wrca94-580 CITPOUNCIL PUBLIC HEARING REQU T SUBJECT: G01& ��i'�` /��!�✓J /�� < ' DEPARTMENT: MEETING: :O?'i+1:Cii�ii::;{ii:::iili:;{:i,i::'.::JiiiK$;:y:i:'v:!�i:�::j;:}yii::�:;{:'.:::•.:;:;:!�tiiii;:;;:.Y:;(::'�t::�': ::ri;:;ii:i:;:;:<}:i::�i:�i:):s±�i:�ii::i<i?�:isi::L�{y'j<:�::ii� :�:'�i:v�::iii:::':�ii.�. 1 ':$'."•2 :•.. .. .. ... :.'::?::{;.":;:•;:;:;:::;}i'::.::.iiii>':hiii::.iii::::::::;:i<a;::::.":i::;::;:::i:•d:...::::;i:.ii:: .. ...........:........:............................................................:..........i.}'y;i:�:'4iv:::.y:::.::::ii:'v....n...r...............n.....................:....u:.v..n...t...........:.......w:::v'.:v".:ti:.}::{.y:::.; ryiT;:. ••n:'+•Ti: ri:i•:.... v:w:n:vx:.v:::::Li::v: .i:..:n:::::-::•:?-:'ii::?d;h}ii�:?r:?i!:��:•:'ii:�i:-i::L•ii:<Q}!iiiiiy.?:�:�ii:^i}:�;:�i'4:^:'};ii:�i::?•:iii:: '.:j;:::�::::��:ii:'i:.Lp:Y......\..........:........::::::.?:.;.fin:•::�•.........::....::::::::..;.:(:•.b:.;Yi::•:?v •-::^-:;......:•:::::;•:•:;•:..::l.;::�:::::::::::.:.::.:.....::.......,..:.......:.........................:.............................. �/y} ..:: '!'isiii:'riii:Ji:'':::::isii:.::':::-':'�'.::isi:::i:.::i. ::::i:::::!.::Li::•,:ii:'�:::isi':::::.`:::.:::i::'::.:::i:::':i::v. ATI.J . ............. ;'.:;iii: .T n::.......;:'.... 'viiiiJi:%:::j.:::::'i.�:.:�::::.�:::::: : :::.: ...� ,.i..v ti'�: +iiiiiii:!i::::iii:::i::ii:::i::vii:v::::j:::ii�ii?:<:::isi::sy!;:::y:iY..::?::'•:$ii::!{i:::j:i:::iv v.: ':S:GJ:::ti3:-:ri•?:4i:ii.J:;:ji{.:i:i�y:Lv;iii:{;:}•:{iL::!:?'�:i::::,:::?.; .: .. ..t;. :. ....... ..... n... N/A YES NO ( ) Does Heading and Closing of Notice Reflect City Council Hearing (Not PC) ( ) Is a Map attached and/or is a quarter page legal ad required? ( ) ( ) If aDDeal, is appellant's name shown on legal notice? ( ) ( ) If housing is involved, is"legal challenge paragraph" included? ( ) ( ) If Coastal Development Permit, are the RESIDENT labels attached and is the Coastal Commission Office on the labels? ( ) ( ) If Coastal Development Permit, has the Master Legal Notice Document been used? ( ) Cam) Is Title Company verification letter attached? Were the latest Assessor's Parcel Rolls used? (Please attach verification of Title Co. or indicate _ that rolls used were derived from Assessor's Rolls in Planning Dept.,whichever applicable) ( ) ( ) Is the appellant's name and address part of the labels? { ) Is day of public hearing correct -Mondav/Tuesdav? ( ) Has the City Administrator's Office authorized the public hearing to be set? Is there an Environmental Status to be approved by Council? ( ) ( ) Are the appellant/applicant's names and addresses on mailing labels? =For Public Hearings at the City Council level, please insert the below paragraph of the public hearing notice '.'ALL_DiTERESTF_D PERSONS are invited to attend said hearingand. Pam$ Qp z=* s or submit to the City Clerk written evidence for or against the application as outlined above. If there are any further questions, please call (insert name of Planner) at 536-5271 — - — — CONNIE BROCKI'AY,CITY CLERK CITY OF HUNTLNGTON BEACH 2000 MAIN STREET-2ND FLOOR HUNTINGTON BEACH, CALIFORNIA 92648 = (714) 536-5227 G:/es/PLBHER REQUEST FOR CITY COUNCIL ACTION Date: October 3, 1994 CD94-58 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator 1��. Prepared by: Melanie S. Fallon, Director of Community DevelopmenoxL-,&-X-�Y/,r� Subject: CODE AMENDMENT NO. 93-5B - NEGATIVE DECLARATION NO. 93-20 - CARTS AND KIOSKS Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue,Recommendation, Analysis,Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE: Community Development staff has been advised of many concerns regarding the carts and kiosks code amendment. In order to carefully analyze these concerns and to bring the carts and kiosks code amendment more in line with the provisions contained in the outdoor dining ordinance approved by the City Council on May 4, 1994, the City Council continued Code Amendment No. 93-513 to the October 3, 1994, City Council meeting. Community Development requests that the code amendment be incorporated into the Proposed Zoning and Subdivision Ordinance. This concept was presented to the Zoning and Subdivision Ordinance subcommittee, which concurred, and indicated in the Zoning and Subdivision Ordinance report submitted to the City Council for consideration at their September 19, 1994, meeting. RECOMMENDATION: Motion to: "Continue Code Amendment No. 93-513 to the October 17, 1994, City Council meeting." MTU:MSF:SP RCA 10\3\94 G:\rca94-58r1 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Honorable Mayor and City Council Members VIA: Michael T. Uberuaga, City Administrator FROM: Melanie S. Fallon, Director of Community Developm t DATE: August 15, 1994 SUBJECT: CARTS AND KIOSKS/CODE AMENDMENT NO. 93-5B Community Development stafl'has been advised of many concerns regarding the carts and kiosks code amendment. In order to carefully analyze these concerns and to bring the carts and kiosks code amendment more in line with the provisions contained in the outdoor dining ordinance approved by the City Council on May 4, 1994, Community Development respectfully requests a continuance of Code Amendment No. 93-513 to the October 3, 1994, City Council meeting. RECOMMENDATION: Motion to: "Continue Code Amendment No. 93-513 to the October 3, 1994, City Council meeting." cc: City Clerk g:admin1tr\894sp5 AUI--i-11-1994 11: 13 FROM L1(--I CONSULTAI ITS I TO 7,741557 P.01 TO: MAYOR MOULTON-PA'ITERSON, CITY COUNCIL FROM: DOWNTOWN RESIDENTS ASSOCIATION RECEIVED CITY rLEF�K DATE: AUGUST 10, 1994 CITY OF RE: CART/KIOSK ORD1NAINCE - POSSIBLE AGE",flJI`qGFf1EN-1"PC4kLk15194 -irip conilnents on drafts dated 7/1251fH 194 h We wish to make. the follow d 7/12AU11d Z/9 wHic are being presented to you for consideration. This Is apparently a compilation of 18 straw votes taken by the Planning Commission oil April 19, 1994- 1. The subtitle of this Ordi-L-1.1"Ce is C-Oln-fusing. Planning Conamission voted to call the Ordinance "CART/KIOSK", eliminating Outdoor Sales/Displays because they were covered in another part of the Municipal Code under temporary Special Events. We feel they I i Ll 1.;1-' . C sliouldi U-111 'De Inandledl -.In olne 0,1ru-1-:11-1 -- Z. Definition of publio property whlcre carts/k-JcAs are, notadlowed S110111d include public plazas, pier plaza and the pier, 3. Clear passage on the public sidewalks fol- pedestrians and access to adjacent bu,:n-sses must be cohe're-fly ad-re'ssed. 4. The swap meLt atinosr-there on Main Street will be proliferated .vith a 50 foot separation between carts/kiosk's. The original committee. of 1992 recommended a 1500 foot SeptlTatiOfl With, the cart or kids': operating as part of a contigtious or adjacent business. 5. Under OPERATING REQIJIF�LIIA-11--,"NTS section, include PROVISIONS AND CONDITIONS in title. 6. The reft�renced License AfT.- t ...,dresses outd,,of sales and displays (..,flly. Again a cr,nfusing reference - this ordinance must deal with all 41: ("artsIX.losks iOutdoo r Sales 8z Displays or Carts/Kios'KS, or Out-11-ocr Sales & Displays BUT IT MUST DEAL WITH "AIJIEM IN A. CONSISTENT BASIS Tl-TJ1RO1JGHO[,T1rTHE DOCUNTENT. D, nse Main -nt - All fexs paid prior to I Use llerri-littice- ivil itenance, Arfreeini- operation and a violation of any siCctlon vv-ould be groundis of re,%,ocaflon. No transfer or Sill ,,, -L, '1I CW.Licens-,[11 lint- anc ve agreemnents. L __ A ,.',a-, C WitIll-Wit -11-W O-e--*,)r S. Permanent storage of portable ufflits nfte-r hf--JLjrs is mandatory. 0. On Pa u Page 7; C.10 we it-qcst 1-he language "THE SALE OF :ALCOHOLIC BEVERAGES IS PROHIB D.' License ifl -recitlent be 7111CIUdrd. 10� We suggest Nv ofe, AL 11. All existing uses iniust go dhrouggh. the 171E appl'('ra1'on process as is necessary for all new applications. I hank you for your consider:attiun of uur cOflcerrls_ C11- W Dia Easterling, co-01i ir, wfitowl es-id-e! c. TOTAL P.01 .,I 1 24 Ni L - P.O'I_ REQUEST FOR CITY COUNCIL ACTION Date: August 15, 1994 CD94-58 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator6i?z.,- Prepared by: Melanie S. Fallon, Director of Community Development 5.� . Subject: CODE AMENDMENT NO. 93-511 - NEGATIVE DECLARATION NO. 93-20 - CARTS AND KIOSKS Consistent with Council Policy? [X] Yes [ ] New Policy or Exception O_ /5A 8 Statement of Issue,Recommendation,Analysis,Funding Source, Alternative Actions, Attachments: gl��/l�feu/l7y errrrhnu0 b/ Io/3/�¢ STATEMENT OF ISSUE: Transmitted for your consideration is Code Amendment No. 93-513 in conjunction with Negative Declaration No. 93-20, a request to amend the Huntington Beach Ordinance Code and Downtown Specific Plan by adding provisions to allow and regulate carts and kiosks on private and public property. These provisions will apply to commercial properties citywide, including the downtown area. - RECOMMENDATION: Planning Commission and Staff Recommendation: Motion to: "Approve Code Amendment No. 93-513 with findings and adopt Ordinance No. Planning Commission Action on April 19, 1994 ON MOTION BY RICHARDSON AND SECOND BY GORMAN, CODE AMENDMENT NO. 93-513 WITH FINDINGS BY THE FOLLOWING VOTE: AYES: RICHARDSON, GORMAN, BIDDLE, COOK, DETTLOFF, INGLEE, NOES: NONE ABSENT: NEWMAN ABSTAIN: NONE MOTION PASSED RCA8/15/94 G:RCA\CD94-58 r 0 Findings for Approval 1. Code Amendment No. 93-513 will provide additional opportunities for small vendors to sell a product in the City of Huntington Beach. 2. Code Amendment No. 93-513 contains provisions to regulate the design and location of outdoor sales and displays to ensure that these uses do not create undue congestion on public or private properties, and to reduce the liability of the City and surrounding property or business owners. ANALYSIS: Code Amendment No. 93-513 is a result of the Planning Commission's decision to bifurcate Code Amendment No. 93-5 into two ordinances: Outdoor Dining and Carts/Kiosks. At the November 16, 1993, Planning Commission meeting, several persons spoke regarding the proposed ordinance. Their comments primarily focused on five major issues: parking, discretionary review, grandfathering existing uses, separate ordinance for outdoor dining and carts/kiosks, and alcoholic beverage sales. Due to the number of issues raised at the hearing, the Planning Commission established a subcommittee to evaluate written communications and comments received at the public hearings and formulate a recommendation to the Planning Commission. The subcommittee included Planning Commissioners Newman, Inglee, and Gorman. Commissioner Kerins later replaced Commissioner Newman on the subcommittee. The subcommittee met on several occasions and formulated a recommendation to the Planning Commission at their December 7, 1993, public hearing. Members of the subcommittee believed that the code amendment should be separated in to two parts, Outdoor Dining and Carts/Kiosks. Part A, Outdoor Dining was approved by the Planning Commission on January 19, 1994 and approved by the City Council on May 4, 1994. It will be incorporated into the Downtown Specific rewrite, which is pending adoption by the City Council. Part B, Carts and Kiosks, was approved by the Planning Commission on April 19, 1994. Some of the key elements of the carts/kiosks ordinance are as follows: • Allows use on the sidewalk area of the public property only within the Downtown Specific Plan commercial areas; • Prohibits alcoholic beverage sales except for special events approved by the City; • Requires use permit approval by the Zoning Administrator; • Requires no parking; • Requires any existing business that was established without prior use permit approval (or equivalent) to receive use permit approval ; • Requires 8 foot wide sidewalk clearance for pedestrian use; and • Requires license agreement with property maintenance provisions and liability insurance for any cart/kiosk located on public property. RCA8/15/94 2 G:RCA\CD94-58 0 • Staff supports the code amendment because outdoor sales from carts/kiosks furthers the goal of creating a pedestrian oriented environment outlined in the Downtown Specific Plan. In many cases, the cart/kiosk operations serve as retail incubators and often result in the creation of small stores. Approval action by the City Council will require amendments to the Proposed Zoning and Subdivision Ordinance and Downtown Specific Plan rewrite. General Plan Conformance: Code Amendment No. 93-513 is consistent with the goals and policies of the General Plan, which states in part, to insure commercial development that is economically viable, attractive, well related to other land uses, and fulfills the needs of the City's residents and to promote the development of services and facilities necessary to support a tourist industry. Code Amendment No. 93-513 supports tourist industry by providing a diversification in the economic base of the City and increases its tax base by the incubator-type businesses and promoting revitalization of the Downtown area. Environmental Status: Although Negative Declaration No. 93-20 was previously approved, the City Council requested that Negative Declaration be returned for consideration with Code Amendment No. 93-513. Coastal Status: An amendment to the Huntington Beach Local Coastal Program Implementing Ordinances will be filed with the California Coastal Commission following adoption of Code Amendment No. 93-513 and inclusion in the Proposed Zoning and Subdivision Ordinance and the Downtown Specific Plan rewrite.. Fiscal Impact: The City Council has directed staff to conduct night meetings for all applications within the Downtown area that require Zoning Administrator action. Additional costs to the City will occur when uses within the Downtown area are reviewed by Zoning Administrator at meetings held after regular business hours. These costs will include overtime expenses for a minimum of three staff members (approximately $4,950 or more per year) and incidental building occupancy costs. Fiscal impact will be further increased if the existing cart/kiosk uses are allowed to be processed without fee as allowed by the City Council for outdoor dining uses existing prior to introduction of the outdoor dining ordinance. FUNDING SOURCE: Not applicable. RCA8/15/94 3 G:RCA\CD94-58 ALTERNATIVE ACTION: Motion to: 1. "Continue Code Amendment No. 93-5B and direct staff to amend the ordinance as deemed necessary." 2. "Deny Code Amendment No. 93-5B with findings." ATTACHMENTS: 1. Ordinance No. 2. Legislative Draft 3. Negative Declaration No. 93-20 MTU:MSF:SP RCA8/15/94 4 G:RCA\CD94-58 • ATTACHMENT 1 ORDINANCE NO. 3 p AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE AND THE DOWNTOWN SPECIFIC PLAN TO PERMIT CARTS AND KIOSKS (OUTDOOR SALES AND DISPLAYS) WHEREAS, the City Council of the City of Huntington Beach desires to add carts and kiosks to the list of permitted uses in the Downtown Specific Plan and the Huntington Beach Ordinance Code, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 9220.1(c)C of Article 922 is hereby amended to read as follows: C. Carts and Kiosks pursuant to Section 9730.90 Carwash Clinic with less than 2500 sq. ft. SECTION 2. Section 9241(a)C of Article 924 is hereby amended to read as follows: C. Camera shop Carts and Kiosks pursuant to Section 9730.90 Clothing store Confectionary store Convenience market SECTION 3. Section 4.3.01(a)C of the Downtown Specific Plan is hereby amended to read as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Clothing Stores Coin, stamp and art dealers Confectioners Curio shops 1 G:Ord:Carts&Kiosks\7/22/94 SECTION 4. Section 4.3.01(a)O of the Downtown Specific Plan is hereby amended to read as follows: O. Office Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code SECTION 5. Section 4.5.01(a)C of the Downtown Specific Plan is hereby amended to read as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Clothing Stores Coin, stamp and art dealers Confectioners Curio Shops SECTION 6. Section 4.5.01(a) of the Downtown Specific Plan is hereby amended to add new subpart "O" to read as follows: O. Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code SECTION 7. Section 4.6.01(d) of the Downtown Specific Plan is hereby amended to read as follows: (d) 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 the total gross floor areas of the development. The following uses shall be permitted: Barber Shops (a maximum of two chairs); Beauty Shops (a maximum of two chairs); Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code; Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code; Prescription Pharmacies; Restaurants/coffee shops (on-sale consumption of alcoholic beverages is limited to beer and wine only); 2 G:Ord:Carts&Kiosks\7/12/94 Parking lots and structures. SECTION 8. Section 4.7.01(a)C of the Downtown Specific Plan is hereby amended to read as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 9. Section 4.7.01(a)O of the Downtown Specific Plan is hereby amended to read as follows: O. Office supplies Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code SECTION 10. Section 4.8.01(a)C of the Downtown Specific Plan is hereby amended to read as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Catering establishments Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 11. Section 4.8.01(a)O of the Downtown Specific Plan is hereby amended to read as follows: O. Offices Office supplies Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code 3 G:0rd:Carts&KiosksM12/94 SECTION 12. Section 4.9.01(a)C of the Downtown Specific Plan is hereby amended to read as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 13. Section 4.9.01(a) of the Downtown Specific Plan is hereby amended to add new subpart "O" to read as follows: O. Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code SECTION 14. Section 4.11.01 of the Downtown Specific Plan is hereby amended to read as follows: 4.11.01 Permitted Uses. The following uses and structures shall be permitted in District#9 are subject to approval of a Conditional Use Permit. These commercial uses include hotels, motels, restaurants, carts and kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code, outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code, and recreational facilities. SECTION 15. Section 4.12.01C of the Downtown Specific Plan is hereby amended to read as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Commercial uses or public recreation facilities (beach-related) SECTION 16. Section 4.12.01 of the Downtown Specific Plan is hereby amended to add new subpart "O" to read as follows: O. Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code SECTION 17. Article 908 of the Huntington Beach Ordinance Code is hereby amended by adding new definitions thereto to read as follows: 4 G:Ord:Carts&Kiosks\7/12/94 1. Food Products: All foods defined as food products by the Orange County Health Department which include fresh fruits and vegetables and prepackaged foods and drink. 2. Cart/Kiosk: Any portable, non motorized unit for travel used by a vendor on public right- of-way, city owned open space, or privately owned open space. 3. 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. SECTION 18. Article 973 of the Huntington Beach Ordinance Code is hereby amended to add new Section 9730.90 to read as follows: 9730.90 Carts and Kiosks. Carts and kiosks of food products, fresh fruits and vegetables, fresh-cut flowers, live plants in pots, and items sold within an adjacent business may be permitted on private property zoned for commercial purposes or public property, except mini-park, fountain areas, or beach areas, subject to use permit approval by the Zoning Administrator and compliance with this section. A. LOCATION AND DESIGN CRITERIA: Cart and Kiosk uses shall conform to the following: 1. Carts or kiosks located on the sidewalk area of public property shall be limited to commercial areas of the Downtown Specific Plan. 2. Carts or kiosks on public property shall not touch or be affixed, permanently or temporarily, to any building, structure or physical obstructions. 3. A minimum 8 foot clear passage area free of any physical obstructions shall be provided on the public sidewalk or one-half the distance from the property line to the curb line, whichever is more. Building frontage recess shall not be used to satisfy the minimum clear distance requirements. 4. No Portion of a cart or kiosk shall overhang the curb line. 5. The cart or kiosk, or outdoor display shall not obstruct access to a parked vehicle, impede the delivery of materials to adjoining property, nor preclude any existing curb space use. 6. At street intersections, the triangular area formed by measuring 25 feet along curb lines or the area formed by the extension of the property lines to the curb lines, whichever is more restrictive, shall be clear passage area. 5 G:Ord:Carts&Kiosks\7/12/94 7. A minimum of fifty (50) foot separation shall be maintained between cart/kiosk uses. B. FACTORS TO CONSIDER: The Zoning Administrator shall consider the following factors regarding the location and the design of outdoor sales and display 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; 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 and utilities-, 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: 1. A license agreement shall be obtained from the City for outdoor sales or display uses permitted on public property. The license agreement shall be subject to termination at any time upon a 10 day prior written notice and upon determination of the Zoning Administrator that one or more of the conditions or provisions of this section have been violated, or that one or more factors listed in Subsection C above have changed and the permitted use is no longer compatible with the intended use of the public right of way or open space. Termination of a license agreement shall nullify the use permit. 2. The applicant shall enter into a Maintenance Agreement with the City for maintenance of all portions of public property used and approved by the Zoning Administrator for the outdoor sales or display. Said agreement shall be submitted to and approved by the Department of Public Works prior to commencement of the use. 3. All cart and kiosks uses shall provide a public liability insurance policy as specified in all current insurance resolutions. Such liability insurance shall be provided in a form acceptable 6 G:Ord:Carts&Kiosks\7/12/94 to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. 4. 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. 5. During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan. 6. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles. 7. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach Municipal Code and Ordinance Code prior to issuance of a Certificate to Operate. 8. All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply. 9. 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 Zoning Administrator. 10. The sale of alcoholic beverages shall be prohibited except for Specific Events as provided in the Huntington Beach Municipal Code. 11. A cart or kiosk shall be removed from the site when note in use, except for Specific Events as provided in the Huntington Beach Municipal Code, or as approved by the Zoning Administrator. 12. The number of employees for cart or kiosk shall be limited to a maximum of two persons. 13. The use permit may be transferred upon sale or transfer of the cart or kiosk or affiliated business subject to a written request approved by the Community Development Department and the property owner. If applicable, an amendment to the license agreement will be required prior to transfer of the use permit. A use permit transfer or license amendment may be denied if one or more factors listed in Subsection C above have changed and the permitted use is no longer compatible with the intended use of the public right of way or open space. 14. Fire extinguishers may be required at the discretion of the Fire Department. 15. All outdoor sale and display facilities shall be self contained for water, waste, and power to operate. 7 G:Ord:Carts&Kiosks\7/12/94 16. A cart or kiosk operator shall provide a method for disposal of business related wastes. 17. The Community Development Department shall conduct a review of the cart or kiosk operation at the end of the first six month period of operation. At that time, if a violation of the terms and conditions of this section or the use permit, a public hearing shall be scheduled before the Zoning Administrator for possible revocation. D. PARKING: No additional parking shall be required for cart or kiosk uses. SECTION 19. Enforcement hereof shall be by the Community Development Director or his/her designated agent. SECTION 20. Any existing cart or kiosk use that has been established without prior use permit approval shall obtain a use permit and, if applicable, a license agreement within 90 days following the effective date of this ordinance. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1994. Mayor ATTEST: APPROVED AS TO FORM: City Clerk C. ttorney 7— 2 Z'q REVIEWED AND APPROVED: INITIATED AND APPROVED: City Aem—inistrator Director of Community Development 8 G:Ord:Carts&Kiosks\7/12/94 ATTACHMENT 2 LEGISLATIVE DRAFT FOR CARTS AND KIOSKS ORDINANCE The proposed ordinance contains twenty (20) sections. Deletions are identified by strikeout. Additions are identified by larger, darkened type. SECTION 1 . An addition to Section 9220.1 MC, as follows: C. Carts and Kiosks pursuant to Section 9730.90 Carwash Clinic with less than 2500 sq. ft. SECTION 2. An addition to Section 9241 (a)C as follows: C. Camera shop Carts and Kiosks pursuant to Section 9730.90 Clothing store .Confectionary store Convenience market SECTION 3. An addition to Section 4.3.01 (a)C of the Downtown Specific .Plan as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 4. An addition to Section 4.3.01 (a)O of the Downtown Specific Plan as follows: 0. Office Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code 1 G:Leg. Draft:Carts & Kiosks\7/12/94 SECTION 5. An addition to Section 4.5.01 (a)C of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Clothing Stores Coin, stamp and art dealers Confectioners Curio Shops SECTION 6. A new subpart "0" to Section 4.5.01 (a) of the Downtown Specific Plan as follows: O. Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code SECTION 7. An addition to Section 4.6.01(d) of the Downtown Specific Plan as follows: (d) 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 the total gross floor areas of the development. The following uses shall be permitted: Barber Shops (a maximum of two chairs); Beauty Shops (a maximum of two chairs); Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code; Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code; Prescription Pharmacies; Restaurants/coffee shops (on-sale consumption of alcoholic beverages is limited to beer and wine only); Parking lots and structures. 2 G:Leg. Draft:Carts & Kiosksl7/12/94 SECTION 8. An addition to Section 4.7.01 (a)C of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 9. An addition to Section 4.7.01 (a)O of the Downtown Specific Plan as follows: 0. Office supplies Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code SECTION 10. An addition to Section 4.8.01.,(a)C of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 9730.90.-of the Huntington Beach Ordinance Code Catering establishments Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 11 . An addition to Section 4.8.01 (a)O of the Downtown Specific Plan as follows: 0. Offices Office supplies Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code 3 G:Leg. Draft:Carts & Kiosks\7/12/94 SECTION 12. An addition to Section 4.9.01 (a)C of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Clothing Stores Coin, stamp and art dealers Confectioners Curio shops SECTION 13. A new subpart "O" to Section 4.9.01 (a) of the Downtown Specific Plan as follows: O. Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code SECTION 14. An amendment to Section 4.1 1 .01 of the Downtown Specific Plan as follows: 4.1 1 .01 Permitted Uses. The following uses and structures shall be permitted in District #9 are subject to approval of a Conditional Use Permit. These commercial uses include hotels, motels, restaurants, carts and kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code, outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code, and recreational facilities. SECTION 15. An addition to Section 4.12.01 C of the Downtown Specific Plan as follows: C. Carts and Kiosks pursuant to Section 9730.90 of the Huntington Beach Ordinance Code Commercial uses or public recreation facilities (beach-related) 4 G:Leg. Draft:Carts & Kiosks\7/12/94 • r SECTION 16. A new subpart "0" to Section 4.12.01 of the Downtown Specific Plan as follows: O. Outdoor displays pursuant to Section 9220.10(a)(2) of the Huntington Beach Ordinance Code SECTION 17. Three new definitions added to Article 908 of the Huntington Beach Ordinance Code as follows: Food Products: All foods defined as food products by the Orange County Health Department which include fresh fruits and vegetables and prepackaged foods and drink. Cart/Kiosk: Any portable, non motorized unit for travel used by a vendor on public right-of-way, city owned open space, or privately owned open space. 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. SECTION 18. A new section 9730.90 to Article 973 of the Huntington Beach Ordinance Code as follows: § 9730.90 Carts and Kiosks. Carts and kiosks of food products, fresh fruits and vegetables, fresh-cut flowers, live plants in pots, and items sold within an adjacent business may be permitted on private property zoned for commercial purposes or public property, except mini-park, fountain areas, or beach areas, subject to use permit approval by the Zoning Administrator and compliance with this section. A. LOCATION AND DESIGN CRITERIA: Cart and Kiosk uses shall conform to the following: 5 G:Leg. Draft:Carts & Kiosks\7/12/94 • 1 . Carts or kiosks located on the sidewalk area of public property shall be limited to commercial areas of the Downtown Specific Plan. 2. Carts or kiosks on public property shall not touch or be affixed, permanently or temporarily, to any building, structure or physical obstructions. 3. A minimum 8 foot clear passage area free of any physical obstructions shall be provided on the public sidewalk or one-half the distance from the property line to the curb line, whichever is more. Building frontage recess shall not be used to satisfy the minimum clear distance requirements. 4. No Portion of a cart or kiosk shall overhang the curb line. 5. The cart or kiosk, or outdoor display shall not obstruct access to a parked vehicle; impede the delivery of materials to adjoining property, nor preclude any existing curb space use. 6. At street intersections, the triangular area formed by measuring 25 feet along curb lines or the area formed by the extension of the property lines to the curb lines, whichever is more restrictive, shall be clear passage area. 7. A minimum of fifty (50) foot separation shall be maintained between cart/kiosk uses. B. FACTORS TO CONSIDER: The Zoning Administrator shall consider the following factors regarding the location and the design of outdoor sales and display uses including: 1 . Appropriateness of the cart or kiosk design, color scheme, and character of its location; 6 G:Leg. Draft:Carts & Kiosks\7/12/94 2. Appropriateness and location of signing and graphics. 3. The width of the sidewalk; 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 and utilities; 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: 1 . A license agreement shall be obtained from the City for outdoor sales or display uses permitted on public property. The license agreement shall be subject to termination at any time upon a 10 day prior written notice and upon determination of the Zoning Administrator that one or more of the conditions or provisions of this section have been violated, or that one or more factors listed in Subsection C above have changed and the permitted use is no longer compatible with the intended use of the public right of way or open space. Termination of a license agreement shall nullify the use permit. 2. The applicant shall enter into a Maintenance Agreement with the City for maintenance of all portions of public property used and approved by the Zoning Administrator for the outdoor sales or display. Said agreement shall be submitted to and approved by the Department of Public Works prior to commencement of the use. _ 7 G:Leg. Draft:Carts & Kiosks\7/12/94 3. All cart and kiosks uses shall provide a public liability insurance policy as specified in all current insurance resolutions. Such liability insurance shall be provided in a form acceptable to the City Attorney. The policy shall name the City of Huntington Beach as an additional insured and shall be maintained at all times. 4. 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. 5. During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan. 6. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles. 7. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach Municipal Code and Ordinance Code prior to issuance of a Certificate to Operate. 8. All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply. 9. 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 Zoning Administrator. 10. The sale of alcoholic beverages shall be prohibited except for Specific Events as provided in the Huntington Beach Municipal Code. 11 . A cart or kiosk shall be removed from the site when note in use, except for Specific Events as provided in the Huntington Beach Municipal Code, or as approved by the Zoning' Administrator. 8 G:Leg. Draft:Carts & Kiosks\7/12/94 12. The number of employees for cart or kiosk shall be limited to a maximum of two persons. 13. The use permit may be transferred upon sale or transfer of the cart or kiosk or affiliated business subject to a written request approved by the Community Development Department and the property owner. If applicable, an amendment to the license agreement will be required prior to transfer of the use permit. A use permit transfer or license amendment may be denied if one or more factors listed in Subsection C above have changed and the permitted use is no longer compatible with the intended use of the public right of way or open space. 14. Fire extinguishers may be required at the discretion of the Fire Department. 15. All outdoor sale and display facilities shall be self contained for water, waste, and power to operate. 16. A cart or kiosk operator shall provide a method for disposal of business related wastes. 17. The Community Development Department shall conduct a review of the cart or kiosk operation at the end of the first six month period of operation. At that time, if a violation of the terms and conditions of this section or the use permit, a public hearing shall be scheduled before the Zoning Administrator for possible revocation. D. PARKING. No additional parking shall be required for cart or kiosk uses. SECTION 19. No legislative changes by this section. SECTION 20. No legislative changes by this section. 9 G:Leg. Draft:Carts & Kiosks\7/12/94 ATTACHMENT 3 i 1 ENVIRONMENTAL CHECKLIST FORM CITY OF HUNTINGTON BEACH PLANNING DIVISION ENVIRONMENTAL ASSESSMENT NO. 93-20 1 . Name of Proponent: Ron Hagan, Community Services Director City of Huntington Beach Address: 2000 Main Street Huntington Beach, CA 92648 Phone Number: (714) 536-5291 2. Date Checklist Submitted for Review: October 7, 1993 3. Concurrent Entitlement(s): Code Amendment No. 93=5 4. Project Location: Citywide 5. Proiect Description: Adoption of of provisions to allow and regulate outdoor uses, i.e., carts, kiosks, and sidewalk cafes, on private and public property. ENVIRONMENTAL IMPACTS (Explanations of answers are included after each subsection.) Yes Maybe No 1 . Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? _ _ X Discussion: Because no site development is involved, adoption of the proposed code. amendment will not result in or create unstable earth conditions or result in changes to geologic substructures. b. Disruptions, displacements, compaction or overcovering of the soil? _ X Discussion: Because no site development is involved, adoption of the proposed code amendment will not result in any disruptions, displacements, compaction of overcovering of soil . ��T�1 iJ Yes Mavbe No t c. Change in topography or ground surface relief features? Discussion: The proposed code amendment revisions do not consist of any development. Therefore, adoption of the document will not result in changes to topography or ground surface relief.features. d. The destruction, covering or modification of any unique geologic or physical features? _ _ X Discussion: Because no site development is involved in the proposed project, no destruction, covering, or modification of any unique geologic or physical features will occur. e. Any increase in wind or water erosion of soils, either on or off the site? _ _ X Discussion: No site development is involved in the proposed project which would alter soils through wind or water erosion. f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? - _ X Discussion: No changes will occur which would result in the deposition or erosion of beach sands, or .changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any inlet or lake. g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? _ _ X Discussion: Adoption of the proposed code amendment will not result in the exposure of people or propert�) to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards. *Note (a—g): Subsequent development under .the provisions of the proposed code amendment may result in some earth impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 2.. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? _ _ X Discussion: Adoption of the proposed code amendment will not produce substantial air emissions or deteriorate the ambiant air quality. b. The creation of objectionable odors? _ _ X Discussion: Because no site development is involved, adoption of the proposed ordinance will not create any objectionable odors. Environmental Checklist —2— (1956D) • �, Yes Maybe No c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? _ _ X Discussion: Because no site development is involved adoption of the proposed ordinance will not alter local or regional air movement, moisture, temperature, or any change in climate. Note (a—c): Subsequent development under the provisions of the code amendment may result in some air impacts. Any impacts generated will be project/site specific. Subsequent outdoor uses will be subject to the provisions of CEQA. Any projects that have a potential to result in significant adverse_invironmental impacts will be. subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 3. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? _ _ X Discussion: Changes in currents or the course or direction of water movements will not occur if the proposed code amendment is adopted as no physical development is proposed which will alter such features. b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? _ _ X Discussion: No change in absorption rates, drainage patterns or runoff will occur if the proposed code amendment is adopted since no physical development has been included. C. Alterations to the course or flow of flood waters? X Discussion: No changes to the .course or flow of flood waters will occur as the result of the adoption of the proposed code amendment. d. Change in the amount of surface water in any water body? _ _ X Discussion: As no site development is involved, no changes will occur in the amount of surface water in any water body. e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? _ _ X Discussion: No direct impacts to surface waters or surface water quality are anticipated to result if proposed code amendment is adopted. f. Alteration of the direction or rate of flow of ground waters? _ _ X Discussion: The direction or rate of flow of ground waters will not be affected if the proposed code amendment is adopted as no physical development is included. g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X Discussion: As no site development is involved, no changes will occur in the quantity of ground water. Environmental Checklist —3— (1956D) Yes Maybe No , Y � h. Substantial reduction in the amount of water otherwise available for public water supplies? 1 J Discussion: No reduction in the amount of water available for public water supplies will occur because a specific development project is not involved in the code amendment. i . Exposure of people or property to water related hazards such as flooding or tidal waves? _ _ X Discussion: Adoption of the proposed code amendment will not result in the exposure of people or property to water—related hazards (e.g., flooding or tidal waves). *Note (a—i): Subsequent development under the provisions of the proposed code amendment may result in some water impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 4. Plant Life. Will the proposal result in: a. Change in the diversity of species; or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? _ _ X Discussion: Because no site development is involved, neither changes in the diversity of species nor deterioration of vegetation will occur with the adoption of the proposed code amendment. ib. Reduction of the numbers of any mature, unique, rare or endangered species of plants? Discussion: Because no site development is involved, reduction of the numbers 'of any unique, or rare or endangered species of plants will not occur if the project is approved. C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? _ _ X Discussion: Because no site development is involved, no new species of plant, or barriers to replenishment of existing plant species will result with the adoption of the proposed code amendment. d. Reduction in acreage of an agricultural crop? _ X Discussion: Because no site development is involved, a reduction in acreage of any agricultural crop will not result from the adoption of the proposed code amendment. *Note (a—d): Subsequent, development under the provisions of the proposed code amendment may result in some plant impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. Environmental Checklist —4— (1956D) • Yes Mavbe No 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles,. fish and shellfish, benthic organisms or insects)? — X Discussion: Since no site development is proposed, neither changes in the diversity of species nor number of any species of animals will occur with the adoption of the proposed code amendment. b. Reduction of the numbers of any unique, rare or endangered species of animals? _ _ X Discussion: Since no site development is proposed, reduction of the numbers of any unique or rare or endangered species of animals will not occur with the adoption of the proposed code amendment. C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? _ — X Discussion: Since no site development is proposed, no new species of animals, or barriers to migration of existing animal species will result with the adoption of the proposed ,code amendment. d. Deterioration to existing fish or wildlife habitat? _ _ X Discussion: Since no site development is proposed, no deterioration to existing fish or wildlife habitat will result from the adoption of the proposed code amendment. *Note (a—d): Subsequent development under the provisions of the proposed code amendment may result in some animal impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 6. Noise. Will the proposal result in: a. Increases in existing noise levels? X Subsequent development under the provisions of the proposed code amendment may result in some noise impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA),. As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary to adequate environmental protection. b. Exposure of people to severe noise levels? X Discussion: See 6a. 7. Light and Glare. Will the proposal produce new light or glare? X Discussion: Because no site development is involved, adoption of the proposed code amendment will not result in the exposure of people to new light or glare. Subsequent development under the provisions of the proposed code amendment may result in some light and glare impacts. However, impacts will be project/site Environmental Checklist —5— (19560) Yes Maybe No specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environment impacts will be subject to environmental review. to determine the nature and extent of potential impacts any ,, any mitigation, if necessary to adequate environmental protection. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? — X Discussion: Adoption of the code amendment does not propose any substantial changes to land uses in the City. However, subsequent development under the provisions of the code amendment may result in alteration of the present or planned land uses of an area. Any impacts generated will be project/site specific, and those projects that may have a potential to result in adverse environmental impacts will be subject to environmental review to determine .the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 9. Natural Resources. Will the proposal result in: a. Increase in the•rate of use of any'natural resources? _ _ X b. Substantial depletion of any non—renewable natural resource? _ _ X Discussion: The proposed code amendment does not propose any alteration to•development standards which will result in any noticeable change in the use of non—renewable or natural resources. Furthermore, since no site development is included, adoption of the proposed code amendment will not result in an increase in the use of natural resources such as energy, water, and raw materials. 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? _ — X Discussion: Since no site development is included, adoption of the proposed code amendment will not result in any risk of explosion or release of hazardous substances in the event of an accident or upset condition. b. Possible interference with an emergency response plan or an emergency evacuation plan? _ X Discussion: Because no development is included, adoption of the proposed code amendment will not interfere with an emergency response plan or evacuation plan. *Note (a—b): Subsequent development under the provisions of the proposed code amendment may result in some risk of upset impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will .be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 11 . Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? _ _ X Discussion: The proposed code amendment does not include provisions to increase, decrease or regulate density. Subsequent development will allow outdoor uses but these uses are not anticipated to alter the location, distribution, density or growth rate of the human population of the area. Environmental Checklist —6— (19560) • •=1 Yes Maybe No Housing. Will the proposal affect existing housing, or create a demand for additional hcusing? _ _ X Discussion: The adoption of the proposed code amendment will not have an impact upon the existing housing and will not result in creating a demand for additional housing. 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? _ _ X Discussion: Because no site development is included, adoption of the proposed code amendment will not generate additional vehicular movement. b. Effects on existing parking facilities, or demand for new off—site parking? _ X Discussion: The proposed code amendment does not include any amendments to the existing parking ratios or parking design requirements. Therefore, no impacts to parking are anticipated. C. Substantial impact upon existing transportation systems? _ _ X Discussion: Because no site development is proposed, no impacts to the existing transportation facilities are anticipated to result from adoption of the proposed code amendment. d. Alterations to present patterns of circulation or movement of people and/or goods? _ _ X Discussion: Since no site development is included, neither pre-0eait patterns of circulation nor the movement of people and/or goods will be affected if the proposed code amendment is adopted. e. Alterations to waterborne, rail or air traffic? _ _ X Discussion: Since no site development is included, no waterborne, rail, or air traffic will be affected by adoption of the proposed code amendment. f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? _ _ X Discussion: Since no site development is included, no hazards to motor vehicles, bicyclists, or pedestrian will not occur if the proposed code amendment is adopted. *Note (a—f): Subsequent outdoor vending/cafe uses permitted under the code amendment are anticipated to be established in existing commercial areas. While they may intensify or expand commercial uses at the sites, they are expected to serve existing customers at these facilities, therefore, parking and traffic generation is not anticipated to be significant. The proposed code amendment includes provisions which will require a minimum sidewalk clearance of 5 feet for pedestrian passage. However should a request include characteristics which may substantially impact traffic or parking conditions, it will be subject to the provisions of CEQA. 14. Public Services. Will the proposal have .an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X Discussion: Adoption of the proposed code amendment will have no effect upon or result in the need for new or altered fire protection services. 0 Environmental Checklist —7— (1956D) i Yes Maybe No b. Police protection? _ _ X Discussion: Adoption of the proposed code amendment will have no effect upon or result in the need for nI. or altered police protection services. C. Schools? X Discussion: No new school facilities will be required if the proposed code amendment is adopted. d. Parks or other recreational facilities? X Discussion: No new parks and recreation facilities will be required if the proposed code amendment is adopted. e. Maintenance of public facilities, including roads? _ _ X Discussion: No impacts are anticipated upon the maintenance of public facilities or roads as a result of the adoption of the proposed code amendment. f. ' Other governmental services? _ _ X Discussion: No impacts to other governmental facilities are anticipated as the result of the adoption of the proposed code amendment. *Note (a—f): Subsequent development under the provisions of the proposed code amendment may result in some public service impacts. However, impacts will be•project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 15. Energy. Will the proposal result in: a. Use of substantial amounts of'fuel or energy? _ _ X Discussion: No substantial increases in demand upon existing sources of energy or requirements for the development of new sources of energy are anticipated as a result of the adoption of the proposed code amendment. b. Substantial increase in demand upon existing source of energy, or require the development of sources of energy? _ _ X Discussion: Adoption of the proposed code amendment will not result in the use of abnormally high amounts of fuel or energy. *Note (a—b): Subsequent development under the provisions of the proposed code amendment may result in some energy impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. Environmental Checklist —8— (19560) �. Yes Maybe No r 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? — _ X Discussion: The adoption of the proposed code amendment will not create the demand for additional power (i .e., electricity) or natural gas. b. Communication systems? _ X Discussion: No new demand for communication systems will be created if the proposed code amendment is adopted. C. Water? X Discussion: No new demands for domestic water will be created if the proposed code amendment is adopted. d. Sewer or septic tanks? — _ X Discussion: No new demands for sewer facilities or septic tanks will be created if the proposed code amendment is adopted. e. Storm water drainage? _ X Discussion: Adoption of the proposed code amendment will not necessitate new storm water drainage improvements. ! f. Solid waste and disposal? _ _ X Discussion: No new demands for solid waste disposal facilities will be created if the proposed code amendment is adopted. *Note (a—f): Subsequent development under the provisions of the proposed code amendment may result in some utility impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 17. Human Health. Will the proposal result in: a. Creation of any health hazard .or potential health hazard (excluding mental health)? X Discussion: The creation of potential health hazards, physical or mental will not result from the adoption of the proposed code amendment. b. Exposure of people to potential health hazards? X Discussion: Adoption of the proposed code amendment will not result in the exposure of people to potential health hazards. Environmental Checklist —9— (1956D) Yes Maybe No *Note (a—b): Subsequent development under the provisions of the proposed code amendment may result in some human health impacts. However, impacts will be project/site specific. Subsequent development projects wiJ be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which t� have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? — _ X Discussion: Future development under the provisions of the proposed code amendment may be located on sites which result in potential impacts to the aesthetic environment. However, development of such facilities will be subject to the entitlement process and additional environmental review. Subsequent environmental documentation will fully analyze the potential impacts and identify appropriate mitigation measures prior to adoption of the projects. The proposed code amendment includes design criteria which addresses aesthetics of the outdoor uses. No significant averse aesthetic impacts are anticipated. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? _ _ X Discussion: The proposed code amendment will not create any impact upon the quality or quantity of existing recreational opportunities. 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? _ Discussion: Because no site development is included, no alteration or destruction of archaeological, prehistoric, or historic sites will occur as a result of the proposed code amendment adoption. b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? X Discussion: Because no site development is included, no effects, physical or aesthetic, are anticipated to occur as a result of adoption of the proposed code amendment. C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? X Discussion: Because no physical development is included, no_ unique ethnic cultural values are anticipated to be affected as the result of adoption of the proposed code amendment. d. Will the proposal restrict existing religious or sacred uses within the potential impact area? X Discussion: No known existing religious or sacred uses will be impacted as a result of adoption of the proposed code amendment. *Note (a—d): Subsequent development under the provisions of the proposed code amendment may result in some impacts to archeological or cultural resources. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). Environmental Checklist —10— (1956D) 0 YgI Mavbe No As such, projects which have a potential -to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to, ensure adequate environmental protection. 21 . Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, sub— stantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califo'rnia history or prehistory? _ _ X Discussion: As presented in the environmental analysis, the proposed code amendment does not consist of any development and will not have any impact on plant or animal species. b. Does the project have the potential to achieve short—term, to the disadvantage of long—term, environmental goals? (A short—term impact on the environment is one which occurs in a relatively brief, definitive period of time while long—term impacts will endure well into the future.) X Discussion: As presented in the environmental analysis adoption of the proposed code amendment will allow for outdoor uses in commercial districts. However, over the long—term, the new outdoor uses may increase, however, each use will be subject to CEQA and any mitigation necessary to protect environmental goals. No significant adverse impacts are anticipated. c. Does the project have impacts which are individually limited, but cumulatively consid— erable? (A project may impact two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) X Discussion: Cumulative impacts associated with the proposed code amendment are not significant. d. Does the project have environmental effects which will cause substantial adverse effects on .human beings, either directly or indirectly? X Discussion: Provisions of code amendment do not alter development standards in any way which will impact animal/plant species. No significant adverse effects are anticipated to occur to human beings, either directly or indirectly if the proposed code amendment is adopted. Environmental Checklist =11— (1956D) 1 r DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there _ will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL _ IMPACT REPORT is required. / 9 Date Signature For: City of Huntington Beach Community Develooment Department I I Environmental Checklist -12- (19560) ICI Responses to Comments Negative Declaration No. 93-20 I. INTRODUCTION This document serves as the Response to Comments on the Negative Declaration No. 93-20. The public comment period expires November 13, 1993, however, this document contains all information available in the public record related to the Negative Declaration as of Friday,November 5, 1993 and responds to comments in accordance with Section 15088 of the California Environmental Quality Act (CEQA) Guidelines. Any additional comments received by the closing date and responses will be distributed to the Planning Commission prior to any action on the project. This document contains five sections. In addition to this Introduction, these sections are Public Participation and Review, Comments, Responses to Comments, and Appendix. The Public Participation section outlines the methods the City of Huntington Beach has used to provide public review and solicit input on the Negative Declaration. The Comments section contains those written comments received from agencies, groups, organizations, and individuals as of Friday,November 5, 1993. The Response to Comments section contains individual responses to each comment. It is the-intent of the City of Huntington Beach to include this document in the official public record related to the Negative Declaration. Based on the information contained in the public record the decision makers will be provided with an accurate and complete record of all information related to the environmental consequences of the project. II. PUBLIC PARTICIPATION AND REVIEW The City of Huntington Beach notified all responsible and interested agencies and interested groups, organizations, and individuals that a Negative Declaration had been prepared for the proposed project. The City also used several methods to solicit input during the review period for the preparation of the Negative Declaration. The following is a list of actions taken during the preparation, distribution, and review of the Negative Declaration. 1. An official thirty (30) day public review period for the Negative Declaration was established by the City. It began on Thursday, October 14, 1993 and ends on Saturday,November 13, 1993. Public comment letters will be accepted by the City of Huntington Beach through November 16, 1993. 2. Notice of the Negative Declaration was published in the Huntington Beach Independent on Thursday, October 14, 1993. Upon request, copies of the document were distributed to agencies, groups, organizations,and individuals. 3. A copy of the cover letter and the distribution list is available for review and inspection at the City of Huntington Beach, Planning Department, 2000 Main Street, Huntington Beach, California 92648. III. COMMENTS Copies of all written comments received as of Friday;November 5, 1993 are contained in appendix A of this document. All comments have been numbered and are listed on the following pages. All comments from letters received have been retyped verbatim in a comment-response format for clarity. Responses to Comments for each comment which raised an environmental issue are contained in this document. IV. RESPONSE TO COMMENTS The Negative Declaration No. 93-20 was distributed to responsible agencies, interested groups, organizations, and individuals. The report was made available for public review and comment for a period of thirty (30) days. The public review period for the Negative Declaration established by the City commenced on October 14, 1993. Copies of all documents received as of November 5, 1993 are contained in appendix A of this report. Comments have been numbered with responses correspondingly numbered. Responses are presented.for each comment which raised a significant environmental issue. Any comments received between November 5 and the closing date will receive responses and they will be distributed to the Planning Commission prior to any action on the project. Several comments to not address the completeness or adequacy of the Negative Declaration, do not raise significant environmental issues, or request additional information. A substantive response to such comments is not appropriate within the context of the California Environmental Quality Act(CEQA). Such comments are responded to with a "comment acknowledged" reference. This indicates that the comment will be forwarded to all appropriate decision makers for their review and consideration. Response to Comments ND 93-20 -2- Responses to Comments Negative Declaration No. 93-20 Carts, Kiosks, and Sidewalk Cafes Code Amendment DOT-1: Comment: Thank you for the opportunity to review and comment on the Negative Declaration No. 93-20. The proposed project is for the adoption of provisions to allow and regulate outdoor use, i.e. carts, kiosks, and sidewalk cafes, on private and public property. Caltrans, District 1.2 has the following comment for your consideration. Response: The comments consists of a description of the proposed code amendment for project identification purposes and gratitude for an opportunity to review. No further written response is necessary. DOT-2: Comment: Caltrans issues permits to encroach on land within the.jurisdiction of our department to ensure that the proposed encroachments are compatible with the primary uses of the State Highway System. Response: The proposed code amendment includes a requirement for issuance of an encroachment permit by Public Works for any use on public property. When public property falls within the jurisdiction of Caltrans, e.g. Beach Boulevard or Pacific Coast Highway, Public Works withholds issuance of the encroachment permit until such time as the applicant has submitted proof of Caltrans approval of the use. DOT-3: Comment• Please continue to keep us informed of any further developments that could impact our State Transportation Facilities. If you have any questions or need to contact us,please feel free to call Aileen Kennedy on (714) 724-2239. Response: The comment is acknowledged and will be forwarded to the appropriate decision makers for consideration prior to action on the proposed code amendment. Response to Comments ND 93-20 -3- HBEB-l-1: Comment: The Environmental Board concurs that a Negative Declaration(ND) is the appropriate level of environmental review for this project. In addition to the areas of concern addressed in the ND, the Board feel that the following issues need to be clarified: Response: The comment is acknowledged and will be forwarded to the appropriate decision makers for consideration prior to action on the proposed code amendment. Please refer to HBEB-2 through HBEB-6 Responses below. E -2• Comment: Most responses to items 1 through 20 of the Initial Study are marked at "no" because no site development is required at this time. These responses should be changed from "No" to "Maybe", because the potential for future changes does exist. It should be stated that mitigation shall be provided at the site specific environmental review stage for any adverse impacts. Res o� nse: As previously mentioned, the proposed code amendment does not constitute any development. Should any subsequent development be proposed, the environmental impacts, including air, earth, water, etc., associated with the project will be analyzed at that time. HBEB-3: Comment: F. Operating Requirements in the Ordinance under Item 8: Non-operating hours should be increased and carts, etc. should not be left unattended between 10:00 p.m. to 6:06 p.m. R onse: The hours of operation may be reduced by the Zoning Administrator's action on any subsequent use permit application. This comment, does not pertain to the Negative Declaration but to the draft ordinance. It will, however, be forwarded to the decision makers for consideration prior to action on the code amendment. Response to Comments ND 93-20 -4- HBEB-4: Comment: Measures to control noise from music and crowd control need to be stated in the ordinance. Response: This comment does not pertain to the Negative Declaration. It is acknowledged and will be forwarded to the decision makers for consideration prior to action on the proposal code amendments. HBEB-5: Comment: Operators of carts, etc. must be prohibited from "washing down" their equipment on site. Response: This comment does not pertain to the Negative Declaration. It is acknowledged and will be forwarded to the decision makers for consideration prior to action on the proposal code amendments. HBEB- : Comment: It has come to the Board's attention that the City of Anaheim may have a comprehensive ordinance on this subject. The Board encourages staff to review the Anaheim ordinance. Response: Staff contacted the City of Anaheim regarding this comment and has been advised that carts, kiosks and sidewalk cafes are unlisted uses that are subject to the conditional use permit process. No specific criteria has been established although an application for a hot dog cart may be supported if located in a large single complex where there is no food service in-the general area. This comment does not pertain to the Negative Declaration. It is acknowledged and will be forwarded to the decision makers for consideration prior to action on the proposal code amendments. HBEB-7: Comment: The Environmental Board recommends approval of Negative Declaration No. 93-20, subject to adequate analysis and resolution of the above issues. Response to Comments ND 93-20 -5- Res op nse: The comment is acknowledged and will g be forwarded to the appropriate decision makers for consideration prior to action on the code amendment. Staff maintains the Use Permit process and associated environmental analysis at time of subsequent development will address the concerns raised in the Environmental Board's commends HBEB-2 through 7. HBEB-8: Comment: If you have any questions or concerns regarding our comments,please contact Bill Linehan, Chairperson of Review Subcommittee. spy= This comment does not pertain to the Negative Declaration. It is acknowledged and will be forwarded to the decision makers for consideration prior to action on the proposal code amendments. Response to Comments ND 93-20 -6- To : Julie Osugi 3.Date: October 29, 1993 d � Assistant Planner From: City of Huntington Beach- _ Environmental Board Subject : Negative Declaration 93 -20 - Draft Ordinance to Permit Sidewalk Cafes, Kiosks and Pushcarts in the City of Huntington Beach The Environmental Board concurs that a Negative Declaration (ND) is the appropriate level of environmental review for this project . In + addition to the areas of concern addressed in the ND, the Board feels that the following issues need to be clarified: 1 . Most responses to items 1 t:n_ru 20 of the Initial Study are marked as "Nc" , because no Site development is required at this time . , These responses should be changed from "No" to BF� "May bell , because the potential for future changes does exist 7i It should be stated that mitigation shall be provided at the site specific environmental review stage for any adverse impacts . 2 . F. Operating Requirements in the Ordinance under Item 8 : Non- operating hours should be increased and carts, etc should not be left unattended between 10 : 00 p.m to 6 : 00 a .m. 3 . Measures to control noise from music and crowd control need to be stated in the ordinance . 4 . Operators of carts, etc must be prohibited from "washing down" their equipment on site . ` a 5 . It has come to .the Board' s attention that the City of Anaheim h �� may have a comprehensive ordinance on this subject . The Board encourages staff to review the Anaheim ordinance . hW The Environmental Board recommends approval of ND No. 93-20, 7 subject .to adequate analysis and resolution of the above issues . If you have any questions or concerns regarding our comments, please contact Bill Linehan, Chairperson of Review Subcommittee . CC : All members of the Subcommittee, Krishan Lal , Mark Singer, Dan Torres + / n STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Gov DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 ►ULLMAN STREET SANTA ANA• CA 07705 October 28, 1993 �,�' w City of Huntington Beach File: iGRJCEQA f Ms. Susan Pierce SCH # 93101047:--. Community Development 2000 Main Street Huntington Beach, CA 92648 Dear Ms. Pierce: Thank you for the opportunity to review and comment on the Negative Declaration No. DDT- 93-20. The proposed project is for the adoption of provisions to allow and regulate outdoor use, i.e. carts, kiosks, and sidewalk cafes, on private and public property. Caltrans, District 12 has the following comment for your consideration. Caltrans issues permits to encroach on land within the jurisdiction of our department to IDC ensure that the proposed encroachments are compatible with the primary uses of the State Highway System. Please continue to keep us informed of any further developments that could impact our State Transportation Facilities. If you have any questions or need to contact us, please feel free DOT-j to call Aileen Kennedy on (714) 724-2239. i EVERRETT EVANS, Chief Office of Planning and Public Transportation cc: Tom Loftus, OPR Ron Helgeson, HDQTRS Planning T. H. Wang, Traffic Operations • PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange ) PUBLIC NOTICE I am a Citizen of the United States and a CODE AMENDMENT NO.93.56 resident of the County aforesaid; I am (Carts/Kiosks) NOTICE IS HEREBY over the age of eighteen years, and not a GIVEN that the Huntington party to or interested in the below Beach City Council will I hold a public hearing In the Council Chamber at the entitled matter. I am a principal clerk of 'Huntington Beach civic p p Center, 2000 Main.Street, Huntington Beach, Califor- the HUNTINGTON BEACH INDEPENDENT, a inia, on the date and at the ON7FLE:I A copy of the printed time indicated below to re. prop request is on file newspaper of general circulation stave and. consider the in the Community Develop- and published in the City of Huntington statements of all persons ment Department,' 2000 who wish to be heard redo- Main Street, Huntington Beach, County of Orange, State of five to the application de- Beach, California 92648,scribed below. for inspection by the pub- pub- DATE/TIME: Monday, Au- lic. A copy of the Staff re. California and that attached Notice is a port will be available to in- gu st 15, 1994,7:00 PM terested parties at City Hail APPtrue and complete copy as was printed deLAmendmenICATION tlNo. 93- (7UMBER: or the Main City Library and published in the Huntington BeachAult, Talbert Avenue) afar August 11, 1994. PPLICANT: City of Hun- ALL INTERESTED PER- ggt�on Beach SONS are invited to attend and Fountain Valley Issues of said LOCATION:CityWide said hearing and express newspaper to wit the issue(s) of: REQUEST: To establish opinions or submit the provisions in the Hun- dents for or against the tington Beach Ordinance application as outlined Code and Downtown Spe- above. If you challenge the cific Plan to permit and City Council's action in regulate carts and kiosks. court, you may be limited ENVIRONMENTAL STA- to raising only those issues TUS: Covered by Environ- you or someone else August 4, 1994 mental Assessment No. 91- raised at the public hearing 32 which will be reap- described in this notice, or proved by.the City Council in written correspondence at their request. delivered to the City at, or COASTAL STATUS: An prior to,the public hearing. amendment to the Hun. If there are any further tington Beach Local questions please call Coastal Program Imple- Susan Pierce; Associate I declare; under ur er penalty of that menting Ordinances will be Planner,at 536.5271. p perjury, filed with the California Connie Brockway, Coastal Commission fol- City Clerk the foregoing is true and correct. lowing adoption by the City published 'Huntin ton Council and .inclusion in 9 the Proposed Zoning and Beach-Fountain Valley In-, Subdivision Ordinance and dependent August 4,1994. 1 1 Downtown Specific Plan re- t 081-805: Executed on August 4 1 199 4 — writs, at Costa Mesa, California. Signature I PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange ) F_ PUBLIC NOTICE I am a Citizen of the United States and a CODEAMENDMENT NO.93 5B resident of the County aforesaid; I am j' (Carts/Kiosks)' NOTICE IS HEREBY over the age of eighteen years, and not a GIVE h thCaltYtheC Huntington tncil will party to or interested in the below hold a public hearing in the Council Chamber at the entitled matter. I am a principal clerk of Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, Califor- the HUNTINGTON BEACH INDEPENDENT, a i nia, on the date and at the ON FILE: A copy of the time indicated below to re- newspaper of general circulation, printed ceive and consider proposed request is on file the in the Community Develop- statements of all persons ment Department, 2000 and published in the City of Huntington who wish to be heard rela• Main Street, Huntington tive to the application de- Beach, California 92648, Beach, County of Orange State of ` scribed below. for inspection the pub• r th DATE/TIME: Monday, Au- lic. A copy of the Staff re. California, and that attached Notice is a _ -- — port will be available to in- gust 15,1994,7:00 PM terested parties at City Hall APPLICATION NUMBER: or the Main City Library true and- complete copy as was printed SBode Amendment No. 93- (7111 Talbert Avenue) after and published in the Huntington Beach August IN,, EST APPLICANT: City of Hun- ALL INTERESTED PER. tin Beach SONS are invited to attend and Fountain Valley issues of said LOCATION:CityWide said' hearing and express I REQUEST: To establish opinions or submit evi- newspaper to wit the issue(s) of: (provisions in the Hun- dence, for or against the tington Beach Ordinance; application as outlined Code and Downtown Spe-I above. If you challenge the cific Plan to permit and, City Council's action in c regulate carts and kiosks. 1 court, you may be limited i ENVIRONMENTAL STA=? to raising only those issues TUS: Covered by Environ-' you or someone else mental Assessment No.91-1 raised at the public hearing August 4, 1994 32 which will be reap-, described in this notice, or proved by the City Council in written correspondence at their request. I delivered to the City at, or COASTAL STATUS: An prior to,the public hearing. amendment to the Hun- ti If there are any further ington Beach Local I questions please call Coastal Program Imple Susan Pierce, Associate menting Ordinances will be, Planner,at 536-5271. I declare, under penalty of perjury, that filed with the California , Connie Brockway, Coastal Commission fol-( City Clerk the foregoing is true and correct. lowing adoption by'the City Council and inclusion in Published Huntington the Proposed Zoning and Beach-Fountain Valley In. Subdivision Ordinance and dependent August 4,1994. Downtown Specific Plan re- 081-805 Executed on August 4 , 199 WrItP ,� _ at Costa Mesa, California. Signature • Adelpeirde,4 CODE AMENDMENT NO. 93-5B pub 1 9l4 (Carts/Kiosks) 811 1 9`1 NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be)heard relative to the application described below. DATE/TIME: Monday, August 15, 1994, 7:00 PM APPLICATION NUMBER: Code Amendment No. 93-513 APPLICANT: City of Huntington Beach LOCATION: City Wide REQUEST: To establish provisions in the Huntington Beach Ordinance Code and Downtown Specific Plan to permit and regulate carts and kiosks. ENVIRONMENTAL STATUS: Covered by Environmental Assessment No. 91-32 which will be reapproved by the City Council at their request. COASTAL STATUS: An amendment to the Huntington Beach Local Coastal Program Implementing Ordinances will be filed with the California Coastal Commission following adoption by the City Council and inclusion in the Proposed Zoning and Subdivision Ordinance and Downtown Specific Plan rewrite. ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after August 11, 1994. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call Susan Pierce, Associate Planner, at 536-5271. Connie Brockway City Clerk hApierce\0041h CITY COUNCIL PUBLIC HEARING REQUEP SUBJECT: (�,ar15 1 do5ks Code 4,6 eo f DEPARTMENT: ( o vv�Wl wv�►��/ �e�y� d �-v� MEETING: A c/ 5- AS / 2 �J Adrrrrnrstration Ilse Onl EIZ.0F OTI ER P >. IC:HE S: P tral)ER T r WTH(3R1<ZATWX Assistant Crty,Admuvs rator N/A YES NO Does Heading and Closing of Notice Reflect City Council Hearing (Not PC) Is a Map attached and/or is a quarter page legal ad required? If aueal; is appellants.name shown on legal notice? If housing is involved, is "legal challenge paragraph" included? If Coastal Development Permit, are the RESIDENT labels attached and'is the Coastal Commission Office on the labels? �I ( ✓� ( ) ( ) If Coastal Development Permit, has.the Master Legal ?Notice Document been used? ( ) Is.Title Company verification letter attached? (✓) ( ) ( ) Were the latest Assessor's Parcel Rolls used? (Please attach verification of Title Co. or indicate that rolls used were derived from Assessor's Rolls in Planning Dept.,-whichever applicable) Is,the appellant's name and address part of the labels? Is day of public hearing correct - Monday/Tuesday?- ( ) (� Has.the City Administrator's Ofce authorized the public hearing to be set? Is day of public hearing correct - Monday/Tuesday? Is there an Environmental Status t&be approved by Council? Are the appellant/applicant's names.and addresses on mailing labels? For Public Hearings at the City Council level, please insert the following paragraph and City Clerk closing at the end of the public hearing notice i "ALL INTERESTED PERSONS are im ited to attend said hearing and express opinions or submit to the City Clerk written evidence for or against the application as outlined above. Written communications may also be sent to the City Clerk. If there are any further questions, please call (insert name of Planner) at 536-5271. CONNIE BROCKWAY, CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET- 23ND FLOOR - HUNTINGTON BEACH, CALIFORNIA 92648 (714)536-5227 6/17/94 G:/es/PUJBHER arty Clerk 190 ;h,CA 92648 E k. s E President H.B. Chamber. of Commerce f 2210 Main Street,Suite 200 ,- r0y� Huntington Beach,CA 92648 Fo -9y p6 �OQ. C ca LEGAL NOTICE - PUBLIC HEARING 190 1, CA 92648 ,Judy Legan H.B./F.V. Board of Realtors C 8101 Slater Ave. p: Huntington Beach,CA 92647 _ f . Q 6 O , ;. LEGAL NOTICE - PUBLIC HEARING :,ity Clerk 190 h, CA 92648 E.T.I. Corral I00 Mary:Bell 20292 Eastwood Cir. �F9 Huntington Beach, CA 92646 s • � r LEGAL NOTICE - PUBLIC HEARING ;ch,CA 92648 William D. Holman Pacific Coast Homes j 23 Corporate Plaza;Suite 250 FO��F Newport Beach CA 92660-7912 i i LEGAL NOTICE - PUBLIC HEARING .kway, City Clerk itington Beach :he City Clerk Box 190 3each, CA 92648 Pres.,H.B. Hist. Society C/O Newland House Museum 19820 Beach Blvd. N6jpy Huntington Beach,CA 92648 OR41r �F _ y 909 P �\ Y cP LEGAL NOTICE - PUBLIC HEARING City Clerk :)x 190 ich, CA 92648 t Chairperson Historical Resources Bd. ; Comm. Services Dept. 2000 Main St. F y Huntington Reach- CA 99.e4R Q 0 0� LEGAL NOTICE - PUBLIC HEARING - ---- -------- -- Edna Littlebury Golden St. Mob. Hm. Owners Leag. �NTINGTp 1.1021.Magnolia Blvd. - O��"'ORPOR41 �q Garden Grove,CA 92642 F yGF `Fe iz 19oe.P° \�O ppUN TY CPS. LEGAL NOTICE - PUBLIC HEARING r.v. box 190__ igton Beach, CA 92648 (:irdy l�kin�n 3Cf32(o Caflc PoAvIc, Cd-p)54ya-no Beac -," 97 (,2-�4 `�vNT I NGTpy =NCOR POR47F OF fq 17 1900.PO cpUNTY CP LEGAL NOTICE - PUBLIC HEARING a• .. ��y o-F cosfa Mess P.D. CoS+a Mesa 192-6,8 —12-d \N 7CORPOR4 (T _ E° F �pUN T V CPS\ LEGAL NOTICE - PUBLIC HEARING 8�3 y ►��d sf o Cr 4TINGT ""� „9�n Reak cs� 9z s N T Y P` LEGAL NOTICE - PUBLIC HEARING ice of the City Clerk ----------- P.O. Box 190 ---- -- --- - - - gton Beach, CA 92648 N IINGTD Mr.Tom Zanic Seacliff Partners 'NCOA PGSS 520 Broadway Ste.-1OO Santa Monica,CA `FB 7, 19 C9 SUN T Y CP`�� LEGAL NOTICE - PUBLIC HEARING ce or the ulty Clerk P.O. Box 190 gton Beach, CA 92648 �h vv yS Flowe�v-s �NTO� �O(oZ-IF. PaGi-�`cf�ast-I.�cvy NCOF PORE�O �F L-00 V Y LEGAL NOTICE - PUBLIC HEARING ---- __ -- - ---- — - - - - _-- - _ --- Brockway,City Clerk A Huntington Beach e of the City Clerk P.O. Box 190 gton Beach, CA 92648 2Q,n y a bv'�1 909 Avala" Ak- S�al T I NGTp�, %ORPORATE FE9 !7 1900•P� `O C08NT Y CP LEGAL NOTICE - PUBLIC HEARING Brockway,City Clerk )f Huntington Beach .e of the City Clerk P.O. Box 190 gton Beach, CA 92648 1V.om a S L,• �as s lea 4tJ 500 1 IXwort� P C/A IMIN6Tpy 0/L�,93-- V97- \,I,qR PO Rq fO �!• _ d Q Q ppUN TY CP�� LEGAL NOTICE - PUBLIC HEARING y CREATE A FILE N (35 characters grid) �p O . O So lei c.t'A— - - - - - - - - - D:,5�kajS - off. 3Z4 $ - _ �-�s=9� - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - EXP. DATE: — — — - - - — - — — — — — — — — — - - — — — — — - - — - AFTER FILE FOLDER IS COMPLETED, CHECK HERE: & RETURN THIS FORM TO TONY! 0895I r- �/ �' �� .LC.t�,taaJ � � _ � �� �� � � �� ✓� � e � �g� � �.- �,^` �� ��"�'`�� � � F�� � � � � � " ��` � � �� �� � � r � � � � � , � �� � f FU411C HEARING NOTIFICATION CHECKLIST MAILING LABELS - (KL154) 3/2/93 President William D. Holman Planni Director H.B. Chamber of Commerce Pacific Coast Homes City of 7estminster 2210 Main Street,Suite 200 23 Corporate Plaza,Suite 250 8200 \k tminster Blvd. Huntington Beach, CA 92648 • Newport Beach CA 92660-7912 m Westmin r, CA 92683 Judy Legan Pres.,H.B. Hist. Society Plann g Director H.B./F.V. Board of Realtors C/O Newland House Museum City o eal Beach 8101 Slater Ave. 19820 Beach Blvd. 211 Eig St. Huntington Beach, CA 92647 • Huntington Beach, CA 92648 m Sea] Bea , CA 90740 PreA ent Chairperson CA Coa 1 Co?emission Amig De Bolsa Chica Historical Resources Bd. Theresa nn' P. O. • 3748 Comm. Services Dept. 245 W. Br �dway, Ste 380 Huntington Beach,CA 92605 2000 Main St. Long Bch, . 90802 ._, - Cha es Grant Robert Jo ph Frien of the HB Wetlands Council o Aging Caltrans strict 12 21902 "owa Lane 1706 Ora e Ave. 2501 Pull n St. Hunting Lon Beach, CA 92646 Huntington each,CA_926.48_ Santa_Ana,- 92-05---- ---- - ---- Edna Littlebury Director Golden St. Mob. Hm. Owners Leag. Local Sol? Waste Enf. Agy. 11021 Magnolia Blvd. O.C. Healt are Agency Garden Grove, CA 92642 P.O. Box 35 ---�� -- - Santa Ana, C. 92702 Preside t County o, range/E'\24 Dominic l omaino Hunfin n Beach Tomorrow Michael 1` Ruane, Dir. Seacliff Ho eo��mers Assoc. 411 6th P.O. Box 4 8 6812 Scenic ay Lane Huntingto. each,CA 92648 Santa Ana, 92702-4048 _ - Huntington B ach,CA 92648 _ Julie Vandermost BIA-OC County Orange/EJMA Huntin\Beh Harbor--HOA 9 Executive Circle 100 Thomas 1` thews,Dir, Planning P. O. B91 Irvine Ca 92714-6734 p P. O. Box 48 Sunset , CA 90742 -- --- — Santa-Ana,-LA Rich\9s, icer SCA County f Orange/EIViA Bill L� y 818 7th, 12th Floor Bob Fish , Dir. HHH ARC Los CA 90017 P.O. Box 48 16835 . onquin St. 119 __Santa-Ana,-CA-92=i-02=4048 - Ha-nting-t Beach,-C-A-92-649 - E.T.I. Corral 100 Planning ir. New Grove h Coordinator Mary Bell City of Co a Mesa Huntingto each Post Office 20292 Eastwood Cir. P. O. Box 1 00 6771 Warn Ave. Huntington Beach, CA 92646 Costa A1esa, A 9262S-1200 Huntington A.3ch, CA 92647 e _- PUBLIC HEARING NOTIFICATION CHECKLIST Pg. 2 (1.211 D) Norm ith, Environmental Plann g Dir. Mr.Tom Zanic Board C irman City o ountain Valley - Seacliff Partners 405.3 Ala in Drive = 10200 later Ave. 520 Broadway Ste. 100 Huntingtol Beach, CA 92649 Fountain Valley, CA 92708 Santa Monica,CA _^ Pacifi Coast Archaeological Planni Department OC Cou ty Harbors, Beach Socie Inc. Orange unty EMA and Par Dept. P.O. Bo, 10926 P. O. Bo 4048 P. O. Bo 048 Costa J\h a, CA 92627 Santa An , CA 92702-4048 Santa Ana CA 92702-4048 Attn:Jane-Gothold "- JERKY UCHANA v` Califor is Coastal Commission �ohvv yg Flowt�� HB Cit Elementary School District South D trict Office �(�ZI F . PCHH Cr�4sf Hwy 71 245 W. oadway No. 380 1,oh�r pcac�. GA' Hunting n Beach, CA 92648 Long Beach,CA 92802-4458 go�3 -.::yyo�..: 964-8888 — --- — GARY B ' GNER Dr. Duane Dishno R 01 go 9 .4 va la,,. HB Unic igh School D'isrict HB ty Elementary School District Seal Be4�h 1,9o7."vD 10251 Yo town Avenue PO B 71 Huntington each, CA 92646 Hunti. ton Beach,CA 92626 964_3339 9.64=88 .8 A24RC KER David Hagen i4,vv a s 1- P°I_ Fountai Valley HBUri* n H S igh chool district Sva I lXu�oYt�;' ,. Elementa 7 School District 10251 or, WQs +'�n���'' C . 17210 Oa Street Hunting n Beach,CA 92646 ` s7- _ Fountain V ley CA 92708 -n/964-333 y - JkA ONES 3V3z& Calf Pov�ciq Ocean 1iew elementary C�pt�'Y�c Beek ,� 9z�2 School strict 17200 P ehurst Lane Hunt rig- li Beach C.A 92C47 Wi fti a RON FRAZIER 8`13zod�=� G' Westmi ter school districtu.K{: 14121 CdVam7ood Avenue Westmins r CA 92683 rd l ! rGr-40y CSA Gt-t o-P co s i-a M es s 730 El Ca ino Way ;i200 P.D. Uo e Zvi Tustin, CA 80 3 REQUEST TO SCHEDULE �� A PUBLIC HEARING DEPARTMENT REQUESTING: SUBJECT: MEETING DATE: November 7, 1994 NUMBER OF PUBLIC HEARINGS OTHERS: 6�'� ��- SCHEDULED FOR THIS DATE: • � r VERIFIED BY: APPROVED BY: Ray Silver, Assistant City Administrator CI. . COUNCIL PUBLIC HEARING REQLr.ST SUBJECT: ('Qr-E5 I XcDS�s Cvd d✓ -ems f DEPARTMENT: MEETING: _ ; 109 � rJ �. , .AdirirnLstration iJce:Onl P (flitl8 l ER, ;Asstctaa2 Cai-i Ad�aiiustrattir N/A YES 't O (✓� ( ) Does Heading and Closing of Notice Reflect City Council Hearing (Not PC) ( ) ( ✓� Is a Map attached and/or is a quarter page legal ad required? If appeal, is appellant's name shoNvn on legal notice? If housing is involved, is "legal challenge paragraph" included? If Coastal Development Permit, are the RESIDENT labels attached and is the Coastal Commission Office on the labels? ( ( ) ( ) If Coastal Development Permit, has the Master Legal Notice Document been used? Is Title Companv verification letter attached? (✓) ( ) ( ) Were the latest assessor's Parcel Rolls used? (Please attach verification of.Title Co. or indicate that rolls used were derived from Assessor's Rolls in Planning Dept.,-whichever applicable) Is the appellant's name and address part of the labels? Is day, of public hearing correct - Monday/Tuesday? Has the City Administrator's Offfice authorized the public hearing to be set? Is day of public hearing correct - Monday/Tuesdav? Is there an Environmental Status to be approved by Council? Are the appellant/applicant's names and addresses on mailing labels_? For Public Hearings at the City Council level, please insert the following paragraph and City Clerk closing at the end of the public hearing notice "ALL INTERESTED PERSONS are inNlited to attend said hearing and express opinions or submit to the City,Clerk v.-ritten evidence for or against the application as outlined above. \'.'ritten communications may also be sent to the City Clerk. If there are any further questions, please call (insert name of Planner) at 536-5271. CONNIE BROCK\\'A)'. CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET- 2ND FLOOR HUNTINGTON BEACH, CALIFOR.\LA 92648 (714) 536-5227 6/17/94 G:-es/PL'BH-R PUBLIC HEARING NOTIFICATION CHECKLIST MAILING LABELS (LPH01) 3/2/93 President William D.. Holman Planning Director H.B. Chamber of Commerce Pacific Coast Homes City of Westminster 2210 Main Street,Suite 200 23 Corporate Plaza,Suite 250 8200 Westminster Blvd. Huntington Beach,CA 92648 Newport Beach CA 92660-7912 Westminster,CA 92683 Judy Legan Pres.H. H<1V iety Planning Director H.B./F.V. Board of Realtors C/O Newlase Museum City of Seal Beach 8101 Slater Ave.. 19820 c 211 Eight St. Huntington Beach, CA 92647 Huntington CA 92648 Seal Beach,CA 90740 President Chairpe on CA Coastal Commission Amigos De Bolsa Chica Historica esources Bd. Theresa Henry P. O. Box 3748 Comm. Se ices Dept. 245 W. Broadway,Ste 380 Huntington Beach, CA 92605 2000 Main S Long Bch,CA 90802 Huntington Be h,CA 92648 --- Charles Grant Robert Joseph Friends of the HB Wetlands Council on Aging s; Caltrans District 12 z� 21902 Kiowa Lane 17P6 Orange Ave. 2501 Pullman St. Huntington Beach,CA 92646 Huntington Beach,CA 92648 Santa Ana,CA 92705 Edna Littlebury Director Golden St. Mob. Hm. Owners Leag. Local Solid Waste Enf. Agy. 11021 Magnolia Blvd. O.C. Health Care Agency Garden Grove,CA 92642 P.O. Box 355 - �anfa'Ana-CA-9270Z- - --- President County`of Orange/EMA Dominick Tomaino Huntington Beach Tomorrow Michael M. Ruane,Dir. Seacliff Homeowners Assoc. 411 6th St. P.O. Box 4048, 6812 Scenic Bay Lane Huntington Beach,CA 92648 Santa Ana,CA 92702-4048 Huntington Beach,CA 92648 Julie Vandermost BIA-OC County of Orange/EMA Huntington Harbor HOA 9 Executive Circle #100 Thomas Mathews,Dir,Planning P. O. Box 791 Irvine Ca 92714-6734 P. O. Box 4048=: k Sunset Beach,CA 90742 Santa Ana,CA 92702-4048 Richa Spice a: SCAG County of Orange/EMA BilrLilly 818 es th, 12th Floor Bob Fisher,Dir. HHHOA ARC Angeles, A 90017 P.O. Box 4048 16835 Algonquin St. #119 Santa Ana,CA 92702-4048 Huntington Beach,CA 92649 E.TXtingtb 00 Planning Dir. New Growth Coordinator Ma City of Costa Mesa Huntington Beach Post Office 20ood Cir. P. O. Box 1200 6771 Warner Ave. Hueach,CA 92646 Costa Mesdy CA 92628-1200 Huntington Beach,CA 92647 PUBLIC HEARING NOTIFICATION CHECKLIST Pg. 2 (1211D) I Catherine Stipe, Environmental Planning Din- Mr. Tom Zanic Board Chairman City of Fountain Valley Seacliff Partners 16391 Fairway Lane 10200 Slater Ave. 520 Broadway Ste. 100 Huntington Beach, CA 92649 Fountain Valley, CA 92708 Santa Monica,CA I Pacific Coast Archaeological Planning Department OC County Harbors;Beach Society,Inc. Orange County EMA and Parks Dept. P.O. Box 10926 P. O. Box 4048 P. O. Box 4048 Costa Mesa,CA 92627 Santa Ana,CA 92702-4048 Santa Ana, CA 92702-4048 Attn:Jane Gothold - - JERRY BUCHANAN California Coastal Commission HB City Elementary School District South District Office P. O. Box 71 245 W. Broadway No. 380 Huntington Beach, CA 92648 Long Beach, CA 92802-4458 964-8888 GARY BURGNER j Dr. Duane Dishno HB Union High School Disrict HB City Elementary School District 10251 Yorktown Avenue PO Box 71 Huntington Beach, CA 92646 Huntington Beach,CA 92626 964-3339 964-8888 MARC ECKER David Hagen Fountain Valley HB Union High School district Elementary School District 10251 Yorktown 17210 Oak Street Huntington Beach,CA 92646 Fountain Valley CA 92708 964-3339 JAMES JONES Z'F-Fl MeT 7-CI-- Ocean view elementary 1 q 3q 1 c—}-{AV'f G(Z_ School district 17200 Pinehurst Lane �JNT1��1�i�1 Bel G/� Huntington Beach CA 92647 2(oc f 93 RON FRAZIER yY F30ssiern H I ��Westminster school district If 14121 Cedarwood Avenue ��� �S�' Westminster CA 92683 ip i Si A-iw AXe 8e.4c-1n CA Cf 26 Y7 CSA � --- 730 El Camino Way #200 fj•v✓�!/1 Tustin,CA 9680 /K lee leo y 4Ic�W-4' 1 �d�� k�►��'�s dab gidtk 1217i r b AK ...,.......... ow PH IRE: M MW�, gg I "IET MJ� gg X� .4 flp 3 !Mlf:*l-lkMl::w=.m > I, NMII��%'--Ml� iR,,� m 5.1-N Mi Miff x ;m -x go, gpt: In, I 'm g > Psi 'z Milli a Mt gm 'jg-g g -.,jMqqr. igm TM MT.Rm �q�gy -,Sgj",mq gm N > x W<�. �g�gfffgTg mg zkg— s P1 HIM > UifW -WO NMI M': "g; TI�M ����i I t, w,M j I �i�� , ss IM -0 MIR x::: mi-, m > M g -'�qt ?�--t, -of "�M g j m I Al 11111 1�i: -�.f 'M Igg IM E-11 -g� > pi i�.IRA P .-M" �f -ik '�:I -,g % Z. �N� "M Nis, M-1 tie. 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Ef y Mmq TuN5 -,MiN 1 1 g , X '1 Ns iR ts lslimR 1 Ps� XM' 1 ,,stt "N , • NN ' g � ggifj�T Iw , am!l i,N l ON Z. i , R 11 s Z ONT l PIN, Ea —1NW,♦ 11I• P mWMIN l EmJon's I, R� Iaas. �lm , M , g iI O IRI tW RRN OEf ,N M I a� , s N M jiO " irMta Mis xN s s r. • h. • ts a M f ! w ,tNpU gl — ' Il R : t ,,\R.•. �.�.,. lt Sr ,1 - ' s- ,2 , at W st A 't =N aaRaMt 1 , I\ iiKO 1 itt s, SPEECH #1 - CITY COUNCIL MEETING - 11/21/94 o m Zv m 000>m z „Zc�o Honorable Mayor and Council Members, I'm Bill Mello, Director of the CBI. �'�O m WMF> J X0 �� I will be the only CBI speaker tonight because, frankly, this Council has frequently _ ignored the concerns of CBI and the Citizens of Huntington Beach. o Z o m�O We have two departing Council Members who tried to do what was best for the m m tT Taxpayers, but unfortunately they did not do their homework, and they were too trusting of the City Bureaucrats. Then we have two departing Council Members who were a nothing more than Labor Union Hostages. This City Council has continued the Decade of Greed. The Decade of Greed started in q 1984 when the top City Bureaucrats wrote illegal pension spiking, excessive pay increases, and outrageous benefits into their Labor Union Contract. The sorry state of affairs in Huntington Beach today can best be explained by reviewing page xvii in the Fiscal.Year 1994195 Preliminary Budget. This page lists the Salary and Benefits for the 925 City Employees in the General Fund. The average salary of a City Employee is $57,800. When you consider that the majority of the employees should be lower paid workers, an average salary of$57,800 is obscene. How many of you Citizens of Huntington Beach make $57,800 a year? The average benefit for a City Employee is $17,400 according to page xvii. This means that it costs Taxpayers an average of$75,200 for each City Employee. Think of this Taxpayers. We pay $75,200 a year for 925 City Employees in the General Fund. This is the reason why our taxes and fees are high. It is not because tax revenues are low. The simple fact is that City Employees have wages and benefits that are far greater than wages and benefits in the private sector. The new Council will hopefully end the Decade of Greed. It won't be easy. They will be under tremendous pressure from the Labor Unions. I hope that the Citizens will support and encourage the new Council. We need to send the message loud and clear that the time has come for the Citizens of Huntington Beach to Take Back Our City! Thank you. 0 MA A PART OF THE RECORD AT -iE. COUNC ETING OF OFFICE OF CITY CLERK GONNIF BROOKWA , ITY CLERK I , 1994195 Budget Message (PERS) in June. The PERS response to the City was received July 22, 1994 and will be discussed with the City Council in closed session. 3 • Personnel Costs - Following is a chart which compares 1993/94 and 1994/95 costs for various categories of salaries and benefits: Salary & Benefit Costs - General Fund 1993/94 1994/95 Expenditure Category Budgeted Recommended Difference , { Base Salary $ 47,542,394 $ 45,906,193 � $ 1,636,201 Temporary Salaries 2,835,419 2,532,498 - - (302,921) Overtime salaries 3,906,647 3,574,559 53�17 ,007 (332,088) Holiday Salary 788,760 761,612 7&,q (27,148) Education Incentive Pay 723,030 698,145 YEx E.f"Y'Al (24,885) Retirement (PERS) 8,610,630 8,314,270 _ -� (296,360) lit '! Workers Comp (Mandated) 1,183,140 1,142,419 !G lo ?S'y (40,721) Insurance 6,112,890 5,9021497 9 (210,393) Deferred Comp 46,011 44,427 = P71y07 (1,584) FICA Medicare (Mandated) 262,920 253,870 1%Awole- P,e (9,050) ' Retiree Medical 460,110 444,274 (15,836) Total $ 72,471,951 $ 69,574,764 ($ 2,897,187) 'i I , J 75" 2/G Page xvii i ' S f Budgeted Full Time Employees History i Tatal1+ :._:. .na1 Fulmplc��rs 1,200 119 1,100 1,0 9 1 89 ,007 1,000 92 F 900 800 . 700 77 78 79 80 81 82 83 84 85 86 87 88 89 Fiscal Year 90 91 92 93 94 95 Are Div J TYPES OF ACTIVITY SIDEWALK CAFES CARTS/KIOSKS LOCATIONS OUTDOOR SALES OUTDOOR DISPLAYS TYPES OF PROPERTY PUBLIC PROPERTY ( RIGHTS OF WAY, PARKS, PLAZAS, AND BEACHES) PRIVATE PROPERTY ( REQUIRED OPEN SPACE) COUNCIL COMMITTEE COMMUNITY SERVICES PUBLIC WORKS COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT 5 AT- LARGE CITIZENS MAIN PROMENADE REPRESENTATIVE PROCESS REVIEWED OTHER CITIES POLICIES HELD SEVERAL REVIEW MEETINGS HELD PUBLIC INPUT MEETING DEVELOPED GUIDELINES SIDEWALK CAFES ALLOWED ON PUBLIC & PRIVATE PROPERTY ZONING ADMINISTRATOR HANDLES APPLICATIONS EACH REQUEST REVIEWED REPORT OUTLINES GUIDELINES A. MINIMUM SIDEWALK CLEARANCE B. AFFILIATED WITH CONTIGUOUS BUSINESS C. PROVIDE HANDICAP ACCESS D. ANNUAL PERMIT E. DRB APPROVES FURNITURE ZONING ADMINISTRATOR ' S DECISION CAN BE APPEALED TO THE PLANNING COMMISSION DIFFERENCE BETWEEN PUBLIC & PRIVATE PROPERTY: A. PUBLIC PROPERTY REQUIRES PUBLIC LIABILITY INSURANCE. B. PUBLIC PROPERTY REQUIRES A LEASE FEE TO THE CITY. CARTS / KIOSKS ALLOWED ON PUBLIC & PRIVATE PROPERTY ZONING ADMINISTRATOR HANDLES APPLICATIONS EACH REQUEST REVIEWED REPORT OUTLINES GUIDELINES A. MINIMUM SIDEWALK CLEARANCE B. COMPLY WITH ALL CODES C. ONE CART/KIOSK PER LOCATION OF CONTIGUOUS BUSINESS D. DRB APPROVES TYPE OF CART/KIOSK • i ZONING ADMINISTRATOR ' S DECISION CAN BE APPEALED TO THE PLANNING COMMISSION DIFFERENCE BETWEEN PUBLIC AND PRIVATE PROPERTY: A. PUBLIC PROPERTY REQUIRES PUBLIC LIABILITY INSURANCE B. PUBLIC PROPERTY REQUIRES A LEASE FEE TO THE CITY OUTDOOR SALES ALLOWED ON PUBLIC & PRIVATE PROPERTY ZONING ADMINISTRATOR HANDLES APPLICATIONS REPORT OUTLINES GUIDELINES A. MAXIMUM 15 DAYS PER YEAR (NOT COUNTING CITY SPECIAL EVENTS) B. FURNITURE REMOVED AT NIGHT C. MAINTAIN SIDEWALK CLEARANCE ZONING ADMINISTRATOR ' S DECISION CAN BE APPEALED TO THE PLANNING COMMISSION DIFFERENCE BETWEEN PUBLIC & PRIVATE PROPERTY: A. PUBLIC PROPERTY REQUIRES AN ENCROACHMENT PERMIT. B. PUBLIC PROPERTY REQUIRES LIABILITY INSURANCE. • OUTDOOR DISPLAYS ALLOWED ONLY ON PRIVATE PROPERTY NO PERMIT REQUIRED LIMITED TO WITHIN 60 'v OF ENTRANCE MOVE INSIDE AT CLOSING ALTERNATIVES FOR OUTDOOR SALES 1 . NO OUTDOOR SALES 2. ONLY ALLOWD DURING CITY SPECIAL EVENTS 3. ALLOWED 15 DAYS PER YEAR IN ADDITION TO CITY SPECIAL EVENTS ALTERNATIVES FOR SIDEWALK CAFES 1 . NO SIDEWALK CAFES 2. ALLOWED ON BOTH PUBLIC & PRIVATE PROPERTY PER GUIDELINES ALTERNATIVES FOR CARTS/KIOSKS 1 . NO CARTS/KIOSKS 2. ALLOWED ON BOTH PUBLIC & PRIVATE PROPERTY 3. ALLOWED ON PRIVATE PROPERTY ONLY MINIMUM SPACE REQUIRED FOR CARTS/KIOSKS 15 ' X 14' OPEN SPACE CONTIGUOUS TO BUSINESS CASE FOR NO CARTS/KIOSKS 1 . SETS PRECEDENT -- OPENS DOOR FOR PROLIFERATION OF CARTS 2. FEAR OF POOR ENFORCEMENT, CARTS/ KIOSKS ALLOWED TO EXPAND 3. UNFAIR COMPETITION -- LOW OVERHEAD FOR CARTS/KIOSKS NO' SEL':ING ON ROAD-SIDE/PERMA BUILDING REQUIRED (Zoninkd.) � � -,I Sec 9730.24 Commercial, professional and industrial uses. Housing of goods. All goods, wares, merchandise, produce and other commodities, except those being transported, which are stored or offered for sale or exchange in the professional , commercial and industrial districts, SHALL BE HOUSED IN PERMANENT BUILDINGS, except as otherwise provided by this code. HARBORS & BEACHES - NO SOLICITING/SELLING 0 13,08.080 SOLICITING: No person shall engage in the business of soliciting, selling or peddling any liquids or edibles for human consumption, or to distribute circulars, or to hock, peddle or vend any goods, wares or merchandise, except pursuant to a PER2?IT issued under the authority of the Director of Harbors & Beaches. (Ord.769 (part) 1960. SOLICITING/PRIVATE PROPERTY 9.64.015 Private Property - Nuisance: The practive of going in and upon private residences in the city, by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited so to do by the owner or owners, occupant or occupants of said private residences, for the purpose of soliciting orders for the sale of goods, commercial services, wares and merchandise, and/or for the purpose of disposing of and/or peddling, or hawking same, is a nuisance and punishable as such as a misdemeanor. (Ord.1023 12/63; Ord. 851 7/61) VENDORS: 110.40.130 Parking - Peddlers & Vendors: Except as otherwise provided in Sections 10.40.130 through 10.40.160, no person shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating cart or vehicle, on any portion of any street within this city except that such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed 10 minutes at any one place. � The procisions of this section shall not apply to persons delivering such articles upon order of, or by agreement with, a customer from a store or other fixed place of / business or distribution. (Ord.1155 (part) 1965; Ord. 322 (part) 1929) ,10.40.140 Food vending vehicles - Permit required. No person shall park or stand on ! any street any lunch wagon, eating cart or vehicle, or pushcart from which tamales, peanuts, popcorn, Candy, ice cream or other articles of food are sold or offered for sale without first obtaining a written permit to do so from the Director of Public Works which shall designate the specific location in which such cart shall stand. Ord. 1155 (part) 1965; Ord. 322 (part) 1929. 10.40.150 Vehicles used for property transportation. No person shall park or stand any vehicle or wagon used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle or wagon without first obtaining a written permit to do so from the Director of Public Works, which shall designate the specific location where such vehicle may stand. Ord. 1155 (part) 1965; Ord. 322 (part) 1928. //�esers/e� dy Ali e5 411a i page 2 10.40.160 Permit - Compliance - Revocation. Whenever any permit is granted under the provisions of this chapter and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, wagon or pushcart on any location other than as designated in such permit. In the event that the holder of any such permit is voncicted in any court of competent jurisdiction for violating any of the provisions of this chapter, such permit shall be forthwith revoked by the Director of Public Works upon the filing of the record of such conviction with such officer and no permit shall thereafter be issued to such person until six months have elapsed from the date of such revocation. Ord. 1155 (part) 1965; Ord. 322 (part) 1928. LUNCH WAGONS: 8.08.010 Restricted Area: It is unlawful for any person to place, keep or maintain or permit to cause to be placed or maintained, either for himself.or as an employer, employee, tenant, landlord, agent, owner or representative, any wagon, truck, vehicle or other structure on wheels, where there is conducted a lunch counter, chili wagon, restaurant or other place where meals, lunches, sandwiches, coffee or other foodstuffs are served to the public, to be eaten on the place or in which any other business is conducted or carried on Mr#thi--n-4IM-i3l STRICT-NO;--1 of--this-eity. (Ord.212 2/11) according to the Fire Department this means NOTHING!' LUNCH WAGONS/ETC. PROHIBITED NEAR SCHOOLS, PARKS, ETC. 8.08.020 Prohibited near public facilities. It is unlawful for any person, firm or corporation owning, driving or having control of any wagon or vehicle used in or for carrying on the business of peddler of fruits, buttermilk, silk, soda water, or any other beverage, ice cream, brea, crackers, cakes, pies, confections, sandwiches, meats or other edibles intended for use- as food for human consumption, to sell, give away, or dispose .of any articles named above to any schoolchild on any street, alley, lane, way or public place within a radius of eight hundred (800) feet of any school, park, playground or city or metropolitan park and/or operated recreation center. Ord.887 2/62. PEDDLER - PARADE/ETC. 5.16.230 Peddler. Peddlers of flags, banners, balloons, cones, horns, kites, noise- making instruments, tous, notions, souvenirs or similar goods or novelties of any description other than from a stand, tent, wagon or other vehicle shall pay a fee of INDIVIDUAL PEDDLER: $ 7.50 per day VEHICLE 60.00 per year (Parade Day: $15.00 one day) Peddlers of any article or commodity not mentioned in this section, including every person, firm or corporation conducting the business of selling and delivering any goods . for human consumption directly to the consumer thereof, by means of a regular system of delivery vehicles for the purpose of making sales and deliveries upon a fixed route, or in the case of food catering vehicles, from place to place within this city - shall pay a fee of $60.00 per year , (or as on Parade Day $15.00 for one day) . Provided, however, that issuance of a license to any person, firm or corporation under this section shall not be construed to permit violation by such person, firm or corp- oration of Chapter 9.64. Cont - page 3 The license tax prescribed by this section shall cover one person, and in the case of route peddlers, one vehicle only, and an additional like fee shall be paid for each additional such person or vehicle so engaged. Prior to the issuance of any license under this section, such applicant shall comply with the provisions of Chapter 9.64 of the Huntington Beach Municipal Code, and with the provisions of Sections 5.12.050 and 5.12.060. CURB PAINTING: 10.40.250: Painting of Curbs: No person, unless authorized by this city, shall paint any street or curb surfaces; provided, however, that this section shall not apply to the painting of numbers on a curb surface by any person who has complied with the provisions of any official action of this city pertaining thereto. WHICH MEANS - Administrative permits are to be issued to local charitable and/or nor,-profit groups for a specific area and specific time-period for the painting of house numbers on the (city owned) curbs. REGISTRATION OF CANVASSERS -SALESMEN 9.64.050 Exceptions to provisions: This chapter shall not apply to salesmen or solicitors regularly employed by any wholesale house or jobber, who takes or solicits ORDERS from retailers or other merchants conducting a regularly established place of business in this city. We, the undersigned, would_ like the City of FMtington Beach to know our feelings regarding the use of carts, vending carts, racks, stands and vendors in the downtown Huntington Beach area. This in no way relates that we are opposed to the Farmer's Market or any special events being allowed to come to the area, providing there is some organization and discussion with the downtown merchants prior to the inception of the events. We suggest the following: 1. The City of Huntington Beach in the past has protected the Merchants. If permits are ever issued they should only be used as an enhancoTent for an existing business at that particular business location within 1000 feet from the business location. A "Village Atmosphere" is created by the Merchants not a cart. 2. Carts allowed without the same requirements placed on a typical business create direct unfair competition to all existing merchants. Cart vendors do not typically pay for permits for construction, installation of signs, security systems, awnings and the total miriad required by the City of Huntington Beach. They are not required to pay for electric, gas, telephone, cable and any other service generating revenue to the City. Therefore, they have a much lower overhead and may be able to sell their products at a much laver cost, or more probable, reap a mach higher.profit margin than a merchant trying to conduct business in the required manner. 3. If there is a vendor on the street, why should any tourist or patron bother to go- in to any existing business? With the.total of approximately 150,000 square feet of existing leasable space why would we consider jeopardizing a potential lessee for that.vacant space and allow a cart to operate for the mere cost of a cart and a minimal lease for cart space? Carts are generally short term and do not have an obligation to the leased project or the community. 4. All food service businesses are required to pay for and install handicapped restrooms, mop sinks, hand sinks, break rooms for employees, proper electrical and water hookups, etc. Carts simply use someone elses services. 5. Competition keeps everyone on their toes, havever, unfair competition is good for no one. If numerous carts and vendors are allowed downtown we forsee a lovely village atmosphere for about four months out of the year and a ghost town full of vacant buildings for the remainder of the year. 6. For all of our personal convenience this day in age, carts would be great, but to spend the money redeveloping the downtown area, that we ALL have spent and then to undermine ourselves seems ludicrous. For once let us think about how the decisions made affect the future of our City. We would like to be a community to serve the public year round, year after year and not vendors without comittment who can take the money and run. MERCHANTS NAND ADDRESS PHONE BUSINESS 36 IL 3 T-ILY" X,T A� At T 56R,;. /Act--► :5f, 9 6 0- (21(9`2 mo-- �tsl- - --" �zzo lZ wffkLnru, l . 5 -3r3•� ►SZ��L�oi i MERCHANTS NAME ADDRESS PHONE BUSINESS ��-ti-�,z/� � �� •,�j. STF zo i � �M � ,� �n-�►4 w� bb-cz Q s v121- S36 Ar �1•-�d �u���e� 2v L FRIENDS OF MERCHANTS D0WNTON Name Address Phone Business st ��•�� ���- �y� � 7z 7D C- 260 A, 2n©� wt y k & >;Wl4f c� � /! v(>v geol FRIENDS OF MERCHANTS D 0 W N T ON Name Address Phone Business 9 2,g-LGo ula�tn ��.le 51� 'R C,�dj 14v-e Wes f- y�(- '94 AO/V/FA/ 711 Oce4ly #403 �z � ������ � C��3) ��`-3W47' 64°55,4 , 5-/ 7;Z IM)u lb YO M1 DE C�j S vel ��,54� 7 0 7-S" -Ze6 raw\- IW O emu "= sk iEvN<—�ti'�Tav C4 ��- F-"R I ENDOF ME1RCHANTS DOWNTN Namur Address Phone 9 _... 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NAME & ADDRESS (Please Print) WRITWN SIGNATURE COMMENTS rin 0 8, t� 60 It �z2 ✓etl 1 vi E6PRESSO ALLft SPIAGGIA I SUPPORT THE IDEA OF KIOSK STYLE BUSINESSES IN DOWNTOWN HUNTINGTON BEACH. NAME & ADDRE S (Please Print) WRITTEN SIGNATURE COMMENTS )Zll�• r3cc.ker Owl& i a 1:13 Pres d ear fr . GJ (,°stc, Au ScL i C,01, !. of 't qr743 �Jv c�r�Q 00 f�Z3I Irc �d X�-t--A G©o �11 y -1 ,;. l; LAZAi ' E.SPRESSO ALLY SPIAGGIA I SUPPORT THE IDEA OF KIOSK STYLE BUSINESSES IN DOWNTOWN HUNTINGTON BEACH. NAME & ADDRESS (Please Print) WRITTEN SIGNATURE COMMENTS PAY ^ '- vu t� r�►�iSh-�ry G� urn �CA,17 01 zUy 7 SUE -7LeervLOQ 0'OT Al /3,f- /t t -..-- *a ;3 V7DNZb SPct,� z-r��`p ^00 o �n iN -Srr. H R41AA — aft" 75 ESPRESSO ALLa SPIAGGIA � I � Cv vrlQ.,, l � 6 3(v —55 3 I SUPPORT THE IDEA O JKIO ',K. STYLE BUSINESSES IN DOWNTOWN HUNTINGTON BEACH. NAME &_ AUDRES1 (Please Print) W T E IG ATURE -COMMENTS ,,..... i_.:=a -",7..v cn ��✓`Z_ l-� C..r� `1�..�:y` Lam..__... �?;" _.____.___.. c -�4 i3 r � =' ;?lam Al l c 4"// /SS s 3 e a< - 1 15 1 n 4: r- r c EXPRESSO ALLIA SPIAGGIA I SUPPORT THE IDEA OF KIOSK STYLE BUSINESSES IN DOWNTOWN HUNTINGTON BEACH. NAME & ADDRESS (Please Print) W-RyITTEN SIGNATURE COMMENTS / • yi 7 i�' TEST- ' Zzv / 7 7 .!�/_' ,._ CALL ?.� �.��l�,rr'�K•�F �� A 'J,.. , ILI G41 '1�;� :�.�:i.—-- �tt.•e� �L:i _..�� t.� .L 4* .-p.rt;s•'L•tt'�t �:_'�✓�.__; a ESPRESSO ALL+& SPIAGGIA I SUPPORT THE IDEA OF KIOSK STYLE BUSINESSES IN DOWNTOWN HUNTINGTON BEACH. NAME & ADDRESS (Please Print) WRITTEN SI, ATURE COMMENTS / �I -29"1 c1L'av^t1g �d v�v--Trot G7"oAv Ste. s 41 ,j�iLG Y J r2(ctlwD G Qivw..Q_ Son —L � Tp4jLLtf bGY P-+) o DC" U �.. i,r (NalA�JApOt.�S (N)1 y6 Zo s � 9 3 a ,�. Sv 3 Igrti s7 91 � aguT,4L.A' - (P14 -i4iA AL —1 9d 3 t N:, - ESPRESSO ALLY SPIAGGIA I SUPPORT THE IDEA OF KIOSK STYLE BUSINESSES IN DOWNTOWN HUNTINGTON BEACH. NAME & ADDRESS (Please Print ) WRITTEN SIGNATURE / COMMENTS A1111 /�1i� �� /� //�fi/�1✓/ �7P<' c�c `t.v n iLp Gl V E 1, j 0 i�!Z 13=" i�,°�"` %-"LL�'�:.1� Ct�i�� �l-,` i r•�;'i=cam iS �14-r SO L-A 3AJ C Zt-q--f- L,�T N �j20 l,(f�Lr , ESPRESSO ALLY SPIAGGIA c� n^ I SUPPORT THE IDEA OF KIOSK STYLE BUSINESSES IN DOWNTOWN HUNTINGTON BEACH. NAME & ADDRESS (Please Print) WRITTEN SIGNATURE COMMENTS 61 1 .L U .''/ �-�� � % 1 I Al v ,X :o 14 Wi <<L fine ^ �� t � CL �" '`� ✓� ;;i ��,�� �� L) 6 ��,-,ram ftt -; tit r 60co r v vL1 V i4 qv-, to ESPRESSO ALLY SPIAGGIA I SUPPORT THE IDEA OF KIOSK STYLE BUSINESSES IN DOWNTOWN HUNTINGTON BEACH. NAME & ADDRESS (Please Print ) WRITTEN SI,04ATURE COMMENTS 4-q7 u �' o39�csGX Avwk�2ill wl "-Gt 7itic/E To U /Aa, ZeL A47 . A"9,0,46 &OAA r LTC c�1n ESPRESSO ALLY, SPIAGGIA I SUPPORT THE IDEA OF KIOSK STYLE BUSINESSES IN DOWNTOWN HUNTINGTON BEACH. NAME & ADDRESS (Please Print ) �.� WRITTEN SIGNATURE COMMENTS A 1�0 Nd JR KD AVE' `iZ�`I K6-LL 1 00T 3 j7 c�•v .�. ! f r TO: MAYOR .aOULTON-PATTERSON, CITY C%..,-JNCIL FROM: DOWNTOWN RESIDENTS ASSOCIATION RECEIVED DATE: AUGUST 10, 1994 CICITY OFF RE: CART/KIOSK ORDINANCE - POSSIBLE AGEt�9EYAf;FrE?& l W/15/94 We wish to make the following comments on drafts dated.7/12 M 17bA4 Vlau-c�h are being presented to you for consideration. This is apparently a compilation of 18 straw votes taken by the Planning Commission on April 19, 1994. 1. The subtitle of this Ordinance is confusing. Planning Commission voted to call the Ordinance "CART/KIOSK", eliminating Outdoor Sales/Displays because they were covered in another part of the Municipal Code under temporary Special Events. We feel they should all be handled in one Ordinance. 2. Definition of public property where carts/ldoks are-not allowed should include public plazas, pier plaza and the pier. 3. Clear passage on the public sidewalks for pedestrians and access to adjacent businesses must be coherently addressed. 4. The swap meet atmosphere on Main Street will be proliferated with a 50 foot separation between carts/ldosks. The original committee of 1992 recommended a 1500 foot separation with the cart or kiosk operating as part of a contiguous or adjacent business. 5. Under OPERATING REQUIREMENTS section, include PROVISIONS AND CONDITIONS in title. 6. The referenced License Agreement addresses outdoor sales and displays only. Again a confusing reference - this ordinance must deal with all 4: Carts/Kiosks/Outdoor Sales & Displays or Carts/Kiosks, or Outdoor Sales & Displays BUT IT MUST DEAL WITH THEM IN A CONSISTENT BASIS THROUGHOUT THE DOCUMENT. 7. Use Permit/License Agreement/Maintenance Agreement All fees paid prior to operation and a violation of any section would be grounds of revocation. No transfer or sale without new operator applying for a new License/Maintenance agreements. 8. Permanent storage of portable units after hours is mandatory. 9. On Page 7; C.10 we request the language '.'THE SALE OF ALCOHOLIC BEVERAGES IS PROHIBITED." 10. We suggest an annual review of the License Agreement be included. 11. All existing uses must go through the same application process as is necessary for all new applications. Thank you for your consideration of our concerns. 4 W. Dia, 11 Easterling Co -Ch wfitown e ' e c' TOTAL P.01