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Approve for Introduction Ordinance Nos. 4214, 4212, 4215, 42
hAPROVED 7-0 City of Huntington Beach File #: 20-1744 MEETING DATE: 7/20/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Adopt Ordinance Nos. 4214, 4212, 4215, 4216, and 4213, approving Zoning Text Amendment (ZTA) No. 19-005 and Municipal Code Amendment adding Chapter 5.110 (Group Homes) Approved for introduction July 7, 2020, Vote: 7-0 Statement of Issue: Zoning Text Amendment No. 19-005 would modify four chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and create a new chapter of the Huntington Beach Municipal Code (HBMC) that, in combination, would establish a set of regulations for Group Homes, Sober Living Homes, and Residential Care Facilities affecting Residential Districts Citywide. The four chapters of the HBZSO to be amended are Chapter 203 (Definitions), Chapter 204 (Use Classifications), Chapter 210 (Residential Districts), and Chapter 230 (Site Standards) - Section 230.28 Group Homes. The chapter of the HBMC to be added is Chapter 5.110 Group Homes. The Planning Commission and staff recommend approval of the request. Financial Impact: Should the City Council vote to adopt ZTA No. 19-005 and amendment to the Huntington Beach Municipal Code adding Chapter 5.110 (Group Homes), the proposed regulations will require the development of application forms and review and approval processes to accommodate the dispensation of Special Use Permits by the Community Development Department and Operator's Permits by the Finance Department. Recommended Action: A) Find that the project will not have any significant effect on the environment and is categorically exempt from the California Environmental Quality Act pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the amendment to the HBZSO will have a significant effect on the environment (Attachment No. 1); and, B) Approve Zoning Text Amendment No. 19-005 with findings (Attachment No. 1), approve amendment to Huntington Beach Municipal Code adding Chapter 5.110 (Group Homes), and adopt: City of Huntington Beach Page 1 of 10 Printed on 7/17/2020 powere2etk Legistar— File #: 20-1744 MEETING DATE: 7/20/2020 Ordinance No. 4214, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance Titled Definitions (Zoning Text Amendment No. 19-005);" and, Ordinance No. 4212, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance Titled Use Classifications (Zoning Text Amendment No. 19-005);" and, Ordinance No. 4215, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance Titled R Residential Districts (Zoning Text Amendment No. 19-005);" and, Ordinance No. 4216, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance Titled Site Standards (Zoning Text Amendment No. 19-005);" and, Ordinance No. 4213, "An Ordinance of the City Council of the City of Huntington Beach Amending Title 5 of the Huntington Beach Municipal Code Titled Business Licenses and Regulations;" (Attachment Nos. 2 - 6). Alternative Action(s): The City Council may make the following alternative motion(s): A) Deny Zoning Text Amendment No. 19-005 and Municipal Code Amendment (Chapter 5.110 - Group Homes); or B) Continue Zoning Text Amendment No. 19-005 and Municipal Code Amendment (Chapter 5.110 - Group Homes), and direct staff accordingly. Analysis: A. PROJECT PROPOSAL Applicant: City of Huntington Beach Property Owner: Multiple Various Residential Property Owners Location: Residential Zoning Districts Citywide The Zoning Text Amendment (ZTA) proposes to amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and create a new chapter of the Huntington Beach Municipal City of Huntington Beach Page 2 of 10 Printed on 7/17/2020 powered LegistarTM File #: 20-1744 MEETING DATE: 7/20/2020 Code (HBMC) that, in combination, establish a set of regulations for Group Homes, Sober Living Homes, and Residential Care Facilities affecting Residential Districts Citywide. The four chapters of the HBZSO to be amended are Chapter 203 (Definitions), Chapter 204 (Use Classifications), Chapter 210 (Residential Districts), and Chapter 230 (Site Standards) - Section 230.28 Group Homes. The chapter of the HBMC to be added is Chapter 5.110 Group Homes. Background: At the September 16, 2019, City Council meeting by a vote of 7-0, the City Council directed the City Attorney to return to Council with one or more Ordinance(s) that regulate "Group Homes and Sober Living Homes," with an appropriate balance between the interests of the City and its residents to preserve residential neighborhood character and the need to provide reasonable accommodation for the disabled, including those recovering from chemical addiction, to reside in normalized residential environments. Like many California cities, the City of Huntington Beach has experienced a rise in the number of Group Homes within single-family residential neighborhoods. A type of Group Home, commonly referred to as Sober Living Homes, are single-family homes where many occupants reside while recovering from alcohol and drug addiction. These Sober Living Homes provide a place to live in "a residential setting" between detox and the resident's future housing. These homes are not required to be licensed by the State, and are not allowed to provide services that State licensed alcoholism or drug abuse recovery or treatment facilities provide. The proliferation of Sober Living Homes in Huntington Beach has resulted in a substantial increase in complaints generated by neighbors and community members regarding the operation of these uses. Reported impacts of sober living homes include excessive amounts of noise, loitering, second-hand smoke, trash and debris, and increased parking demands within residential neighborhoods. Of particular concern are complaints regarding the over-concentration of sober living homes, and when in close proximity to one another, these uses may change the character of a residential neighborhood to a more institutional environment. The proposed amendments are intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of State law, by, among other things: (1) ensuring that Group Homes are actually entitled to the special accommodation and/or additional accommodation provided under the Huntington Beach Municipal Code and not simply skirting the City's land use regulations; (2) limiting the secondary impacts of Group Homes by reducing noise and traffic, preserving safety and providing adequate on- street parking; (3) providing an accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single- family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for the disabled and for recovering addicts to be successful in their programs. The proposed regulations will require Group Homes, including Sober Living Homes, to obtain a ministerial permit to operate in a manner consistent with the nature of the single-family residential neighborhoods in which they are located. The Federal Fair Housing Act (FHA) and California Fair Employment Housing Act (FEHA), prohibits cities from enforcing zoning laws that have the effect of discriminating against the disabled with regard to housing opportunities. A disabled person is defined by The Americans with Disabilities Act (ADA) as one that has: 1) A physical or mental impairment that affects one or more major life activities; 2) A history of recovery from alcoholism or illegal use of drugs; or 3) Has been regarded as having such impairment. The ADA protects persons in recovery from chemical addiction, even if they are no longer engaged in the illegal use of drugs and otherwise meet the definitions in the statute. City of Huntington Beach Page 3 of 10 Printed on 7/17/2020 powered,LegistarTM File #: 20-1744 MEETING DATE: 7/20/2020 Additionally, pursuant to the California Government and Welfare and Institutions Codes, and the Lanterman Developmental Disabilities and Services Act (Lanterman Act), people with developmental disabilities have the right to obtain the services and support they need to live like people without disabilities. A core purpose of this State law is to provide a broader range of housing options to the disabled, and to free the disabled to the extent possible from institutional style living. As such, a disabled person is afforded an equal opportunity to use and enjoy a residential dwelling. Likewise, pursuant to the California FEHA, individuals with physical and mental disabilities have the right under State law to rent, lease, or buy housing accommodations free from discrimination due to a disability. State law requires cities to treat certain state-licensed residential care facilities that provide care, services, and/or treatment serving six or fewer disabled tenants as a single-family residential use. (As such, and consistent with State law, the existing HBZSO provides that both "Residential Alcohol Recovery, Limited" and "Residential Care, Limited" uses that house six (6) or fewer individuals are permitted by right in the City's Residential districts.) The Health and Safety Code does not regulate supportive living facilities that provide no treatment, and the HBZSO does not currently classify such a use specifically, which has encumbered the City's ability to effectively mitigate impacts from such uses. Finally, the California Constitution and Huntington Beach Charter grants broad police powers to Huntington Beach to preserve the residential characteristics or its various types of residential zones. It is the intent of the City Council to develop an Ordinance that strikes an appropriate balance between the interests of the City and its residents to preserve residential neighborhood character, and the need to provide housing accommodations to disabled persons, including those in recovery from chemical addiction to reside in nonnalized residential environments that promote effective recovery. State and Federal laws require the City to make reasonable accommodations in its zoning laws when such accommodation is reasonably necessary to afford the disabled the opportunity to use and enjoy a dwelling. The proposed Ordinance will apply to all districts Citywide, but affect only residential districts. B. PLANNING COMMISSION MEETING The Planning Commission held a public hearing on ZTA No. 19-005 on June 9, 2020. There were five public comments received regarding the proposed ZSO and HBMC amendments. The Planning Commission asked some questions for clarification regarding the definitions of Boarding House and Single Housekeeping Unit, current group home enforcement, permit transferability, and the proposed buffer requirements. Staff also provided an update regarding the status of the City of Costa Mesa's Group Homes Ordinance. Planning Commission Action on June 9, 2020: The motion was made by Kalmick, seconded by Scandura, to find and determine that the project is exempt from the California Environmental Quality Act, recommend approval of ZTA No. 19-005, and forward to the City Council for consideration carried by the following vote: AYES: Ray, Garcia, Kalmick, Mandic, Perkins, Scandura City of Huntington Beach Page 4 of 10 Printed on 7/17/2020 powere2$4 LegistarT°^ File #: 20-1744 MEETING DATE: 7/20/2020 NOES: None ABSENT: Grant ABSTAIN: None C. STAFF ANALYSIS AND RECOMMENDATION Zoning Compliance: The following provides a review of the proposed amendments organized by each Chapter. 1. CHAPTER 203 DEFINITIONS To provide context to the scope of changes in this ZTA, several new definitions must be established in Chapter 203 Definitions, identified below. - Modify existing definition of Boarding House - Add Disabled - Add Fair Housing Laws - Add Household - Add Integral Facilities - Add Integral Uses - Add Operator - Add Single Housekeeping Unit These definitions work in concert with the other elements of the proposed ZTA to more clearly define specific uses as they pertain to the regulation of Group Homes in Huntington Beach. 2. CHAPTER 204 USE CLASSIFICATIONS To provide for the regulation of Group Homes, including Sober Living Homes, this ZTA will establish four new use classifications in Chapter 204 Use Classifications. Staff is summarizing them below in order to introduce and differentiate each classification. Group Home A residential unit utilized as a supportive living environment for people meeting the legal definition of disabled. • Provides housing only for a classified group of people. No medical care, services, or treatment can take place in a Group Home o Only State licensed facilities can provide care, services, or treatment under State law (see Residential Care Facilities) Sober Living Home Sober Living Homes are also Group Homes, but specifically for people recovering from a chemical addiction that meet the legal definition of disabled. • Provides housing only that is primarily meant for people who have just come out of rehab and need a place to live that is structured and supportive for those in recovery. • For the purposes of the Ordinance, a Sober Living Home is not state licensed. • No medical care, services, or treatment can occur in a Sober Living Home City of Huntington Beach Page 5 of 10 Printed on 7/17/2020 powereWA LegistarTI File #: 20-1744 MEETING DATE: 7/20/2020 o Only State licensed facilities can provide care, services, or treatment under State law (see Residential Care Facilities) Residential Care Facilities (RCF) A State Licensed residential facility where care, services, or treatment are provided to persons living in a community residential setting. • Provide housing and care/treatment for the elderly, developmentally disabled, chronically ill, and chemical addiction treatment facilities, among others. • RCFs that specifically provide drug and or alcohol abuse treatment are licensed by the Department of Health Care Services (DHCS) and are known as alcoholism or drug abuse recovery or treatment facilities. o Homes are required to be licensed by the DHCS when at least one of the following services is provided: detoxification, group counseling sessions, individual counseling sessions, educational sessions, or alcoholism or drug abuse recovery or treatment planning. Referral Facility Either a Residential Care Facility, Group Home, or Sober Living Home where one or more person's residency is per a court order or similar directive. Referral facilities must follow the permit procedure according to the base use classification, and are not permitted in the RL zone. 3. CHAPTER 210 RESIDENTIAL DISTRICTS In addition to establishing the new Definitions and Use Classifications identified above, this ZTA will also amend Chapter 210 Residential Districts to provide reference to land use controls and new requirements for Group Homes in Residential Districts (Legislative Drafts attached for reference). These changes are summarized below. a. Add "Group Homes Including Sober Living Homes" to Land Use Controls matrix and create Additional Provision L-8: o A Group Home (GH) or Sober Living Home (SLH) with six (6) or fewer residents ■ In all Residential districts, requires a ministerial Special Use Permit (SUP) from the Community Development Director; and ■ Any SLH shall be one thousand (1000) feet from any other property that contains a GH, SLH, or RCF pursuant to Chapter 230.28 o A GH or SLH with seven (7) or more residents ■ Not permitted in the RL zone ■ In all other Residential Districts, requires a CUP from the Planning Commission; and • An Operator's Permit that complies with Huntington Beach Municipal Code (HBMC) Section 5.110; and • The GH or SLH (with 7 or more residents) shall be one thousand (1000) feet from any other property that contains a GH or SLH. o An applicant for a GH or SLH may seek relief from strict application of the requirements of Additional Provision L-8 by applying for reasonable accommodation pursuant to HBMC 17.77. City of Huntington Beach Page 6 of 10 Printed on 7/17/2020 powere3$L�,Legistarlm File #: 20-1744 MEETING DATE: 7/20/2020 b. Add"Referral Facility"to the Land Use Controls matrix and create Additional Provision L-9: o Referral Facilities are not permitted in the RL zone; and ■ No Referral Facility may be located: • Within five hundred (500) feet of property that is zoned either RL or Specific Plan Residential Low Density, or • Within five hundred (500) feet of a school, park, place of worship, or licensed day care facility. o Referral Facilities must have an on-site manager 24/7 o Referral Facilities may not admit a resident convicted of specific crimes C. Add "Residential Care Facility" to the Land Use Controls Matrix and create Additional Provision (T). o Certain Residential Care Facilities are Permitted (P), and certain Residential Care Facilities require a CUP from the Planning Commission. The "P/PC" listing refers to this differentiation. o Additional Provision (T) ■ Identify that unlicensed Residential Care Facilities are not permitted in any R district ■ State licensed Residential Care Facilities serving six (6) or fewer residents are permitted in all R districts ■ State licensed Residential Care Facilities serving seven (7) or more residents in all R districts require a CUP from the Planning Commission 4. CHAPTER 230.28 GROUP HOMES This ZTA will also add a new section to Chapter 230 Site Standards, Article I. Residential Districts. Titled Chapter 230.28 Group Homes, the appropriate placement for new regulations that will be applicable to Group Homes in Residential Districts. Special Use Permit (SUP) Chapter 230.28 will identify that a Group Home that may otherwise be considered an unpermitted use may locate in a Residential District subject to the approval of a Special Use Permit (SUP) by the Community Development Director, provided that the Group Home is in compliance with applicable regulations. Should the Ordinance be adopted, all existing Group Homes as well as any new proposed Group Home will be required to obtain a SUP. The SUP is ministerial and may be granted when a complete application is submitted to the Community Development Director that provides the following: a. The name, address, phone number, and driver's license number of the owner, operator, and house manager; b. A copy of the Group Home rules and regulations; C. Written intake procedures; d. The relapse policy (if applicable, depending on the type of Group Home); e. An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by State and Federal law shall reside at the Group Home; f. Blank copies of all forms that residents and potential residents are required to complete; and g. A fee for the cost of processing the application as set by resolution by the City Council. City of Huntington Beach Page 7 of 10 Printed on 7/17/2020 powereZUy LegistarTl File #: 20-1744 MEETING DATE: 7/20/2020 Only basic information will be required to submit an application for a SUP, and the internal procedures and forms will be provided to applicants. Compliance with the application requirements should not present any significant hardship, since the requirements are in line with the routine capabilities expected from a professionally operated Group Home. In general, the operational requirements to maintain a SUP include the following: no more than seven (7) tenants may reside in a Group Home, one of which must be a house manager. If the dwelling unit has a secondary accessory unit, occupants of both units will be combined to determine whether or not the limit of six (6) occupants has been exceeded. A Group Home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose. The SUP also requires garage and driveway spaces to be available and used for parking of vehicles and limits each tenant to one vehicle, which must be operable and used as a primary form of transportation. In addition to the requirements for Group Homes outlined above, Chapter 230.28 will also identify that the following shall specifically apply to Sober Living Homes: a. Sober Living Homes are prohibited from locating within one thousand (1000) feet of each other. b. All occupants, other than the house manager, must be actively participating in legitimate recovery programs with supporting documentation required. c. The Sober Living Home's rules and regulations must prohibit the use of any alcohol or non- prescribed drugs at the Sober Living Home or by any recovering addict either on or off site. Violation of the no drug policies are grounds for eviction for 90 days for the first offense. Any second violation of this rule shall result in permanent eviction. d. The number of sex offenders in any group home shall be no more than one, pursuant to the applicable provisions of the Penal Code. e. Each Sober Living Home shall have a written visitation policy that precludes any visitors who are under the influence of any drug or alcohol. f. The Sober Living Home shall have a good neighbor policy that shall direct the occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane, or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received. g. The Sober Living Home shall not provide any of the following services as they are defined by the California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. Chapter 230.28 will also provide provisions for requests for reasonable accommodation, cause for denial or revocation of a Special Use Permit, and compliance with the proposed regulations. If the Zoning Text Amendment is adopted by Ordinance, existing Group Homes, including Sober Living Homes, will have 90 days to apply for a Special Use Permit. Group Homes will have one year from the effective date of the Ordinance to comply with its provisions,provided that any existing group home, which is serving more than six (6) residents, must first comply with the six (6)resident maximum. Conditional Use Permit Finally, Chapter 230.28 will require a Conditional Use Permit to permit the operation of a Group Home, City of Huntington Beach Page 8 of 10 Printed on 7/17/2020 powere384 LegistarTM File #: 20-1744 MEETING DATE: 7/20/2020 including Sober Living Homes, or Residential Care Facility with seven (7) or more occupants in the RM, RMH, RH, RMP, Specific Plan Residential and Specific Plan Mixed Use zones. This CUP requirement will be processed to the Planning Commission. A Group Home or Residential Care Facility will be prohibited in the RL zone and these stipulations are reflected in the Land Use Controls matrix of Chapter 210. In addition to the Conditional Use Permit requirement, Group Homes or Residential Care Facilities with seven (7) or more occupants are subject to the following requirements: a. The Group Home or Sober Living Home shall be at least one thousand (1000) feet from any other property that contains a Group Home, Sober Living Home, or State-licensed Residential Care Facility; and b. An application for an Operator's Permit that complies with Chapter 5.110 of the Huntington Beach Municipal Code (HBMC). OPERATOR'S PERMIT This ZTA will amend the Huntington Beach Municipal Code Chapter 5.110 Group Homes to add a requirement that a Group Home obtain an Operator's Permit. Since Group Homes with more than seven (7)residents will be expressly prohibited in the RL zone, the Operator's Permit requirement applies to Group Homes with seven (7) or more residents in the RM, RMH, RH, RMP, Specific Plan Residential or Specific Plan Mixed Use zones. The Operator's Permit requirement does not apply to: a. A Group Home that has six (6) or fewer occupants, not counting a house manager, that is in compliance with Chapter 230.28 of the HBZSO; b. A state-licensed alcoholism or drug abuse recovery or treatment facility; or C. A state-licensed residential care facility. An application for an Operator's Permit will be submitted to the.Chief Financial Officer and must include similar information to that of a Special Use Permit. A Group Home subject to the provisions of Chapter 5.110 that is in existence as of the effective date of the Ordinance will have 120 days to comply with the provisions. D. SUMMARY Staff recommends that the City Council approve Zoning Text Amendment No. 19-005 with findings and Municipal Code Amendment adding Chapter 5.110 (Group Homes) based on the following: • Codifies new use classifications that modernize the HBZSO • Provides appropriate regulations and permit processes to reduce operational impacts of existing and future group homes, sober living homes, and residential care facilities • Provides housing accommodations to disabled persons to reside in normalized residential environments • Promotes effective recovery for persons suffering from the effects of alcoholism or illegal use of drugs • Preserves residential neighborhood character • Consistent with General Plan goals and policies City of Huntington Beach Page 9 of 10 Printed on 7/17/2020 powered LegistarT"' File #: 20-1744 MEETING DATE: 7/20/2020 Environmental Status: ZTA No. 19-005 is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the amendments to the HBZSO and HBMC will have a significant effect on the environment. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. Suggested Findings of Approval - Zoning Text Amendment No. 19-005 2. Draft Ordinance 4214 and Legislative Draft - Chapter 203 3. Draft Ordinance 4212 and Legislative Draft - Chapter 204 4. Draft Ordinance 4215 and Legislative Draft - Chapter 210 5. Draft Ordinance 4216 and Legislative Draft - Chapter 230 6. Draft Ordinance 4213 and Legislative Draft - HBMC Chapter 5.110 7. Planning Commission Staff Report dated June 9, 2020 City of Huntington Beach Page 10 of 10 Printed on 7/17/2020 power LegistarTM ATTACHMENT NO. 1 FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 19-005 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project is categorically exempt from the California Environmental Quality Act pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the amendment to the HBZSO will have a significant effect on the environment. FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 19-005: 1. Zoning Text Amendment (ZTA) No. 19-005 to amend Chapter 203 (Definitions), Chapter 204 (Use Classifications), Chapter 210 (Residential Districts), and Chapter 230 (Site Standards) — Section 230.28 Group Homes of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and create Chapter 5.110 Group Homes of the Huntington Beach Municipal Code (HBMC) that together establish a set of regulations for Group Homes, Sober Living Homes, and Residential Care Facilities in Residential Districts Citywide, is consistent with the objectives, policies, general land uses and programs specified in the General Plan including: Land Use Element Policy LU-2 (D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Policy LU-4 (A): Encourage a mix of residential types to accommodate people with diverse housing needs. Housing Element Goal H-1: Maintain and enhance the quality and affordability of existing housing in Huntington Beach. Policy H-1.1: Preserve the character, scale, and quality of established residential neighborhoods. Policy H-5.1: Continue to enforce fair housing laws prohibiting arbitrary discrimination in the building, financing, sales, or rental of housing on the basis of race, religion, family status, national origin, physically (sic) disability or other factors. Attachment No. 1.1 291 Policy H-5.3: Support the provision of permanent, affordable, and accessible housing that allows persons with disabilities to live independent lives. Provide assistance to residents making accessibility improvements to their homes. The ZTA will provide the City appropriate regulations to reduce impacts of existing and future group homes, sober living homes, and residential care facilities thereby preserving the residential neighborhood character of the communities in which they operate. Further, the ZTA promotes effective recovery for disabled persons, including those suffering from the effects of alcoholism or illegal use of drugs, by providing housing accommodations in normalized residential environments. 2. In the case of a general land use provision, ZTA No. 19-005 is compatible with the uses authorized in, and the standards prescribed for the zoning district for which it is proposed because the proposed amendment will provide the regulatory framework to limit the number of people in a group home and to prevent the overconcentration of sober living homes in single- family residential neighborhoods. The regulation establishes a Special Use Permit application for group homes operating in single-family neighborhoods, and establishes reasonable operating standards on these uses to ensure that they do not generate the type of secondary impact that would be out of character for the neighborhood, while still furthering the purpose of the Fair Employment and House Act, Fair Housing Act, and Lanterman Act. 3. A community need is demonstrated for the changes proposed in that the City of Huntington Beach has experienced a rise in the number of Group Homes within single family residential neighborhoods and a rate of increase in the number of Sober Living Homes far greater when compared to other types of Group Homes. The proliferation of Sober Living Homes in the City has resulted in a substantial increase in complaints received by neighbors and community members regarding the operation of these uses. The proposed ZTA No. 19-005 seeks to strike an appropriate balance between the interests of the City and its residents to preserve residential neighborhood character, and the need to provide housing accommodations to disabled persons, including those in recovery, to reside in normalized residential environments that promote effective recovery. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because ZTA No. 19-005 ensures the HBZSO is clear, current, consistently adapting to the City's obligation to make reasonable accommodation in its zoning laws when such accommodation is reasonably necessary to afford the disabled the opportunity to use and enjoy a dwelling. The ZTA is also reflective of the City's ongoing effort to preserve the quality of its residential neighborhoods. Attachment No. 1.2 292 Esparza, Patty From: Vigliotta, Mike Sent: Wednesday, October 14, 2020 10:03 AM To: Esparza, Patty Cc: Estanislau, Robin; Hoffman, Michele Subject: Ordinance 4214 re Chapter 201 of the ZSO Hi Patty, I am sending this email to confirm the changes to ordinance 4214 were non substantive procedural corrections to clerical errors in the ordinance. Please call or email if you have any questions or need anything additional. Michael Vigliotta Chief Assistant City Attorney Office of the City Attorney City of Huntington Beach 714-536-5552 Confidentiality Notice: This email may contain material that is confidential, privileged and/or attorney work-product for the sole use of the addressee. Further,this email is protected under the Electronic Communications Privacy Act, 18 U.S.C.Sections 2510- 2522. Any review by, reliance, or distribution by others or forwarding to others without express permission of the author is strictly prohibited. If you receive this transmission in error,you are advised that any disclosure,copying, distribution,or the taking of any action in reliance upon the communication is strictly prohibited. Moreover,any such inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication. If you have received this communication in error, please immediately notify the sender and delete this e-mail. Thank you. Z l u�A,s O N 7 I2-0 I d—v 2 0 W/7-Ho t,c_7- 0� /tip A i \ /N i� .��-Tl on3 a 0�° o� (�lJ�'�;.v 177v�%S ©/V I3/�,o�or 9a �NCl�ln� JC�1� �� W�� 1 C?Q � D�Ta ORDINANCE NO. 4214 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 203 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED DEFINITIONS (ZONING TEXT AMENDMENT NO. 19-005) THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAKES THE FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS ORDINANCE: WHEREAS,under the California Constitution,Article XI, Section 7,the City has been granted broad police powers to preserve the residential characteristics of its RL,RHM,RH and RMP residential zones; and the residential portion of its Specific Plans,which powers have been recognized by both the California Supreme Court and United States Supreme Court,the latter of which has stated that, "It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled"; and The Federal Fair Housing Act("FHA")and the California Fair Employment Housing Act ("FEHA")prohibit enforcement of business regulation facially or effectively discriminate against equal housing opportunities for the disabled; and A core purpose of the FHA and FEHA is to provide a broader range of housing opportunities to the disabled; to free the disabled, to the extent possible, from institutional style living; and to ensure that disabled persons may live in a similar fashion as non-disabled persons live in residential neighborhoods; and To fulfill this purpose,the FHA and FEHA also require that the City provide reasonable accommodations to its zoning ordinances if such accommodation is necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling; and Any facility which provides non-medical alcoholism or drug abuse recovery,treatment, or detoxification services must obtain a license from the California Department of Alcohol and Drug Programs("ADP"). Health& Safety Code section 11834.30 provides that no person"shall operate,establish,manage, conduct, or maintain an alcoholism or drug abuse recovery or 20-8649/231925 1 treatment facility to provide recovery,treatment, or detoxification services"with the State without first obtaining an ADP license; and State law has preempted local regulation of ADP-licensed facilities,and requires that all California cities must permit in all residential zones pursuant to ADP-licensed facilities with six or fewer residents pursuant to Health and Safety Code Sections 11834.20 and 11834.23; and A Group Home is residential facility that is being used as a supportive living environment for persons who are considered disabled under State or Federal law. Persons recovering from drug and/or alcohol addiction are considered disabled for the purposes of the FEHA and the Federal Americans with Disabilities Act("ADA"); and A Sober Living Home is a Group Home for persons who are recovering from a drug and/or alcohol addiction and who are considered handicapped under FEHA or ADA; and The City of Huntington Beach has seen a sharp increase in the number of Sober Living Homes,which has generated secondary impacts including,but not limited to neighborhood parking shortfalls, overcrowding,inordinate amounts of second-hand smoke, and noise; and the clustering of Sober Living Homes in close proximity to each other creating near neighborhoods of Sober Living Homes; and As of May 2020,the City has identified approximately 177 Sober Living Homes and residential care facilities in the multi-family and single-family residential zones; and The number of Sober Living Homes in the City of Huntington Beach is rapidly increasing, leading to an overconcentration of Sober Living Homes in certain of the City's residential neighborhoods,which is both deleterious to the residential character of these neighborhoods and may also lead to the institutionalization of such neighborhoods; and The purpose of Sober Living Homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential,community environment, and so that they have the opportunity to reside in the residential neighborhood of their choice; and 20-8649/231925 2 In enacting this Ordinance,the City Council of the City of Huntington Beach is attempting to strike a balance between the City's and residents' interests of preserving the characteristics of residential neighborhoods and to provide opportunities for the disabled to reside in such neighborhoods that are enjoyed by the non-disabled; and Because of their extremely transient populations, above-normal numbers of individuals/adults residing in a single dwelling and the lack of regulations, Sober Living Homes present problems not typically associated with more traditional residential uses,including but not limited to: the housing of large numbers of unrelated adults who may or may not be supervised; disproportionate numbers of cars associated with a single housing unit,which causes disproportionate traffic and utilization of on-street parking; excessive noise and outdoor smoking,which interferes with the use and enjoyment of neighbors' use of their property; neighbors who have little to no idea who does and does not reside in the home; little to no participation in community activities that form and strengthen neighborhood cohesion; disproportional impacts from the average dwelling unit to nearly all public services including sewer, water,parks,libraries,transportation infrastructure,fire and police;a history of congregating in the same general area; and the potential influx of individuals with a criminal record; and Housing inordinately large numbers of unrelated adults in a single dwelling or congregating Sober Living Homes in close proximity to each other does not provide the disabled with an opportunity to"live in normal residential surroundings,"but rather places them into living environments bearing more in common with the types of institutional dormitory living that the FEHA and FHA were designed to avoid for the disabled, and which no reasonable person could contend provides a normal residential surrounding;and Notwithstanding the above,the City Council recognizes that while not in character with residential neighborhoods,responsibly operated Sober Living Homes, and Group Homes, including Sober Living Homes,benefit society by providing the disabled the opportunity to live in residential neighborhoods,recovery programs for individuals attempting to overcome their drug and alcohol addictions, and providing Sober Living Homes greater access to residential zones; and 20-8649/231925 3 Without regulation there is no means of ensuring that(i)the individuals entering into Sober Living Homes are disabled individuals and entitled to reasonable accommodation under local and state law; (ii) the Sober Living Home is operated professionally to minimize impacts to the surrounding neighborhood; and(iii) the secondary impacts from over concentration of Sober Living Homes and Group Homes in a neighborhood and large numbers of unrelated adults residing,in a single facility are lessened;and At least some operators of Sober Living Homes and Group Homes are driven more by profit rather than intent to provide recovering addicts a realistic potential of sobriety, or a living environment resembling the manner in which the non-disabled use and enjoy a dwelling; and The residents of Sober Living Homes and Group Homes come to the City from all parts of the country and often lack established ties to the community and a local support system independent of the Sober Living Home or Group Home; and consequently the residents are especially vulnerable to becoming homeless upon eviction; and Is the intent of this Ordinance to require that operators of Group and Sober Living Homes provide the residents information regarding the available local housing resources prior to eviction from a Sober Living Home or Group Home; and Pursuant to the California State Planning and Zoning Law,the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 19-005, which amends Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance relating to updated, clarified, and additional definitions utilized within the ZSO. After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: 20-8649/231925 4 SECTION 1. That Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance titled Definitions is hereby amended to read as follows: 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. 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. 20-8649/231925 5 203.06 Definitions Abutting.Having district boundaries or lot lines or combinations thereof in common. Access,Lateral.Public access along the coast. Access,Vertical. Public access from the nearest public roadway to the shoreline. Alley. A public or private way having an ultimate width of not less than 20 feet permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. Alter.To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns,beams, or girders that will prolong the life of the structure. Amendment.A change in the wording,context or substance of this ordinance,or a change in the district boundaries on the zoning map. Animal,Exotic.Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display. Animal,Large. An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables. Animal,Small. An animal no larger than the largest breed of dogs. This term includes fish, birds,and mammals customarily kept in kennels. 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,wireless communication antenna, FM digital communication antenna, microwave telephone communication antenna, amateur radio antenna, and short-wave communication antenna and other similar antenna. 20-8649/231925 6 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 m. Area to --- be dedicated .S7 ,53 25t}' ras ae� net acre 230 ' P 1 ot1',. �� t Ut}' Lot Area Arterial. Any street,highway or road designated as an arterial street in the General Plan. Assisted Living Facility. Establishments licensed by the State of California providing care on a 24-hour basis for persons requiring personalized supportive services and health related care,but excluding facilities providing surgical or emergency medical services. This includes State 20-8649/231925 7 licensed establishments that provide a continuum of care for residents ranging from assistance with daily activities to memory care. Attached Structures.Two or more structures sharing a common wall or roof. Balcony. A platform that projects from the wall of a building,typically above the first level, and is surrounded by a rail balustrade or parapet. Basement. A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be considered as a story if the vertical distance from the average adjoining grade to the ceiling is over four feet. [toot' { Second Story First Story �inislied k If this basolnent ccilins is -..-----.__—more thanVt.from Trade Basement avemac adjoining( nisFrcd L ,� „ . — grad the basement is �" cc�nsidcr4rt.t sto_�. 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%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. 20-8649/231925 8 Blockface Boarding House.A residence or dwelling,other than a hotel or convalescent facility,where not more than five guest rooms are rented for more than 30 days under three or more separate written or oral rental agreements, leases,or subleases or combination thereof,whether or not the owner, agent, or rental manager resides within the residence and lodging and meals are provided for no more than 10 persons. Guest rooms numbering six or over shall be considered a hotel. Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons,animals,chattels, or property of any kind. Caretaker's Quarters. A dwelling unit on the site of a commercial, industrial,public, or semipublic use, occupied by a guard or caretaker. Carport. A permanent roofed accessory structure with not more than two enclosed sides intended for vehicle storage. Cart/Kiosk.Any portable,non-motorized unit used by a vendor as described in Section 230.94. City.The City of Huntington Beach. Clinic.An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians,dentists, optometrists, psychologists, or social workers practicing together. Coastal Zone. A geographic zone adjacent to the shoreline,the boundaries of which are determined by the California Coastal Act of 1976, as amended. Collection Containers. Containers or buildings with a gross floor area of 500 square feet or less used for the deposit and storage of household articles or recyclables. 20-8649/231925 9 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 multifamily 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. This also includes the square footage of all building projections into yards or courts containing habitable floor area. Deck. A platform, either free-standing or attached to a building,but without a roof,that is supported by pillars,posts,or walls (see also Balcony). Demolition. The deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or otherwise. Density Bonus.An increase in the proposed number of units of 25%or greater over the number permitted pursuant to the current zoning and General Plan designation on the property. 20-8649/231925 10 Director.The Director of Community Development or designee, Disabled. As more specifically defined under the Fair Housing Laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. 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,Accessory Unit.A fully equipped dwelling unit which is ancillary and subordinate to a principal dwelling unit located on the same lot in the RL zone. Also known as second dwelling unit or"granny unit." Dwelling,Multiple Unit. A building or buildings designed with two 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 multifamily. Dwelling,Studio Unit. A dwelling unit consisting of one kitchen,one bathroom,and one 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, i kitchen, and bathroom areas. 20-8649/231925 11 Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.No individual or household may be denied emergency shelter because of an inability to pay. 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. Fair Housing Laws. The Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act,as each statute may be amended from time to time, and each statute's implementing regulations. 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,environmental, 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, elevator 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. 20-8649/231925 12 PAR of o,; FAR of)XI FAR or 1.5 Floor Area Ratio(FAR) Frontage.The linear length of a building which contains a public entrance or a lot measured along the property line adjacent to a street or easement. Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. General Plan.The City of Huntington Beach General Plan. Grade,Existing. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this ordinance. Grade,Street. The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists. 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 i 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. 20-8649/231925 13 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. Hotel Owner/Operator.The entity that owns and operates a hotel. If the hotel operator is separate from the hotel owner both are jointly and severally responsible for ensuring compliance with the requirements described in this LCP and/or recorded against the property, as well as jointly and severally liable for violations of said requirements and restrictions. Household.All the people occupying a dwelling unit, and includes people who live in different units governed by the same Operator. 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. Integral Facilities. Any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land,that are under the control and management of the same owner,operator,management company, or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as Integral Facilities and shall be considered one facility for purposes of applying federal, state, and local laws to its operation. Examples of such Integral Facilities include, but are not limited to,the provision of housing in one facility and recovery programming,treatment,meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility. Integral Uses. Any two or more residential care programs commonly administered by the same owner, operator,management company, or licensee, or any affiliate of any of them,in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such integral use shall be considered one use for purposes of applying federal,state, and local laws to its operation. 20-8649/231925 14 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 or maintained for any purpose except veterinary clinics and hospitals. For purposes of this section, a detached single-family residence with a maximum of four dogs shall not be considered a kennel when at least one of the dogs is a specially-trained guide dog, signal dog or service dog, as defined in Penal Code Section 365.5, and complies with Section 7,12.160 of the Huntington Beach Municipal Code. 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. 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. 20-8649/231925 15 Perimeter Landscape Interior Landscape Interior Landscape Interior Landscape Landscaping:Perimeter Interior Limited Use Overnight Visitor Accommodations.Any hotel,motel,or other similar facility that provides overnight visitor accommodations wherein a purchaser receives the right in perpetuity, for life, or a term of years, to the recurrent,exclusive use or occupancy of a lot,parcel,unit, rooms), or segment of the facility, annually or on some other seasonal or periodic basis,for a period of time that has been or will be allotted from the use or occupancy periods into which the facility has been divided and shall include,but not be limited to Timeshare, Condominium-Hotel, Fractional Ownership Hotel,or uses of a similar nature. 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. 20-8649/231925 16 STitir.T ltevemd(=Omer Lot lotedor Interior Interior Corner Lot lot l:ot w Lot 1,11rough Od Lot v: 1werior I'iag Interior Interior ot 1. 1.ot Loot Comer Lot Lot Iteversed Conner Lot S`1"REiF'r LOT TYPES Lot,Corner.A site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees. Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line, Lot,Flag.A lot with developable area connected to a street by a narrow strip of land that includes a driveway. 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,Rear. A lot line,not a front Iot 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,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. 20-8649/231925 17 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 midpoints 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. I# Front l,ot Line l Front l,ut Lino, X C S ti' -J S' 1,ot Widtlr-(x+tiv)12 Lot Width Lower Income Household.A household whose annual income is at or below 80%of Orange County median income as defined by the State of California Department of Housing and Community Development. Manufactured Home. A structure transportable in sections which is a minimum of eight 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 mobile home. Mezzanine.An intermediate floor within a room containing not more than 33%of the floor area of the room. 20-8649/231925 18 {w'CCZ7.2Sl1tt�G:i1iiL'�i�tlllllt 33 p erccnt of floor Floor Bcloi%! Mezzanine Moderate Income Household.A household whose annual income is at or below 120%of Orange County median income as defined by the State of California Department of Housing and Community Development. Municipal Code. The Municipal Code of the City of Huntington Beach. Negative Declaration.A written statement briefly describing the reasons that a proposed project will not have a significant impact on the environment which meets the requirements of the California Environmental Quality Act. Neighborhood Notification.Notification process pursuant to Chapter 241 when no entitlements are required and the use requires such notification as stated in the Zoning and Subdivision Ordinance. 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. 20-8649/231925 19 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 six feet in any direction or an area of less than 60 square feet. 20-8649/231925 20 ,min mire Inin F.... i I I Patio Terrau Balcony I"rone Wed NrIN-atc,011011 Space Private Open Sparc Coninion Opon Space Usable Open Space Operator. A company, business, or individual who provides residential services, (i.e.,the placement of individuals in a residence), setting of house rules,and governing behavior of the occupants as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting,property management, and leasing of the property and that does not otherwise meet the definition of Operator. Oversize Vehicle.Any vehicle which exceeds 25 feet in length, seven in width, seven in height, or a weight of 10,000 pounds,motorized or non-motorized. Oversize vehicle also includes any equipment or machinery regardless of size. Parking Structure.A structure consisting of two or more levels used for parking of vehicles where parking spaces,turning radius,transition ramps, and drive aisles are incorporated within the structure, including automated parking structures. A surface level parking lot with a solid roof above is not considered a parking structure unless there is access for automobiles and parking stalls on the roof, Parking Subterranean. A parking area that is wholly or partially recessed into the development site, and which may or may not support additional structures above(e.g. dwelling units or parking structures). Parking Tandem. An off-street parking facility which includes parking stalls where one is arranged in front of the other or stacked utilizing mechanical lifts. Patio. A paved court open to the sky. 20-8649/231925 21 Permitted Use.A use of land that does not require approval of a conditional use permit or temporary use permit. Planned Unit Development(PUD). A large scale development of a parcel or of a combination of related parcels to be developed by a single owner or group of owners acting jointly, involving a related group of uses,planned as an entity and having a predominant developmental feature which serves to unify or organize development. Porch. An open or covered platform, usually having a separate roof,at an entrance to a dwelling, or an open or enclosed gallery or room,which is not heated or cooled,that is attached to the outside of a building. Private Property.Property owned in fee by an individual,corporation,partnership,or a group of individuals as opposed to public property. Project. Any proposal for new or changed use, or for new construction, alteration,or enlargement of any structure,that is subject to the provisions of this ordinance. Public Property. Property dedicated through acquisition or easement for public use which includes but is not limited to streets, alleys,parks,public rights-of-way, and sidewalks. Qualifying Senior Resident. A person who is 62 years of age or older. (Section 51.2 of the California Civil Code.) Remodel.The upgrade of the interior or exterior faces of a building or structure without altering to any degree the structural integrity. Residential Privacy Design Standards. Residential privacy design standards shall apply to: 1. A lot contiguous to one or more existing single-family residential units, excluding parcels separated by streets or alleys;or 2. A vacant parcel intended for new single-family development; or 3. The creation of new floor area above the first floor of an existing single story single- family residence; or 4. Increasing the number of windows above the first floor of an existing single-family residence;or 5. Moving the location of existing windows above the first floor of an existing single- family residence. 20-8649/231925 22 Resource Protection Area.Within the coastal zone, any area that consists of any of the following: wetlands, Environmentally Sensitive Habitat Areas,buffer areas (as these terms are defined in the Glossary of the City's certified Land Use Plan), and/or land that is zoned Coastal Conservation. 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. All setbacks along streets and alleys shall be measured from the ultimate right-of-way. Significant Disruption.Having a substantial adverse effect upon the functional capacity. Single Housekeeping Unit.The occupants of a dwelling unit that have established ties and familiarity with each other,jointly use common areas, interact with each other, share meals, household activities,and expenses and responsibilities. Membership in the single housekeeping unit is fairly stable as opposed to transient,members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a non- profit basis. There is a rebuttal presumption that integral facilities are not single housekeeping units. Evidence that a household is not operating as a single housekeeping unit include but are not limited to: the occupants do not share a lease agreement or ownership of the property, members of the household have separate,private entrances from other members;members of the household have locks on their bedroom doors; members of the household have separate food storage facilities, such as separate refrigerators. 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. 20-8649/231925 23 Site.A lot, or group of contiguous lots not divided by an alley,street, other right-of-way, or City limit,that is proposed for development in accord with the provisions of this ordinance, and is in a single ownership or has multiple owners,all of whom join in an application for development. Specific Event. A short-term temporary use of public property as defined in Section 5.68.010. Specific Plan. A plan for a defined geographic area that is consistent with the General Plan. 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 floomnd the surface of the floor or finished undersurface of the roof directly above it. Street. A public or an approved private thoroughfare or road easement which affords the principle means of access to abutting property,not including an alley. Structure. Anything constructed or erected that requires a location on the ground, excluding patios,walks, access drives, or similar paved areas. Structure,Accessory.A structure that is appropriate, subordinate and customarily incidental to the main structure of the site and which is located on the same site as the main structure, including swimming pools, garages, gazebos and patio covers. Structure,Minor Accessory.An accessory structure that does not exceed 64 square feet in floor area, 80 square feet in roof area and a height of six feet, including storage sheds,pet shelters, playhouses, and decorative elements. Supportive Housing.Housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents to retain the housing, improving his or her health status, and maximizing his or her ability to live and,when possible, work in the community. On-site and off-site services may include,but are not limited to, after- school tutoring,child care, and career counseling. Takeoff and Landing Area. That area of the helicopter facility where the helicopter actually lands and takes off. 20-8649/231925 24 Target Population. Persons with low income having one or more disabilities, including mental illness,HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act(Division 4.5 commencing with Section 4500 of the Welfare and Institutions Code)and may include,among other populations,adults, families, families with children,elderly persons,young adults aging out of the foster care system,individuals exiting from institutional settings,veterans, or homeless people. Transitional Housing. Buildings configured as rental housing developments,but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time,which shall be no less than six months. Transmission Line.An electric power line bringing power to a receiving or distribution substation. Ultimate Right-of-Way. The adopted maximum width for any street, alley, or thoroughfare, as established by the General Plan,by a precise plan of street,alley, or private street alignment; by a recorded map;or by a standard plan of the Department of Public Works. Such thoroughfare shall include any adjacent public easement used as a walkway and/or utility easement. 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. Vehicle Storage. The business of storing or safekeeping of operative and inoperative vehicles for periods of time greater than a 24 hour period. Very Low Income Household. A household whose annual income is at or below 50%of Orange County median income as defined by the State of California Department of Housing and Community Development. E 20-8649/231925 25 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 may be covered periodically or permanently with shallow water and include salt water marshes, flesh 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%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. 24-8649/231925 26 STREET FRONT YARD LOT LINE LUI WES ru YA STREET FRONT YARD STREET FRONT YA00 STREET FRONT YARD CORNER LOT EXAMPLES RFAR YARD RFA6t YARD REAR YARD N° _ OwMyFRONT YATtO 3TAEEi LFWfOYARD STREET FROM YARD INTERIOR LOTEXAMPLES PEAR YAW REAP YA94 e-7 n1 LIhaS J 1 4r Y LEGEND BURIVNG(ZON J ENVE10PI SFREEF E®i UNES FRaw YARD ST4EFI FRQATYARD fd(.>F.YAND ODD-SHAPED LOT EXAMPLES YARDSREQUIRED Zoning Ordinance. The Zoning Ordinance of the City of Huntington Beach. SECTION 2. All other provisions of Chapter 203 not modified herein shall remain in full force and effect. SECTION 3.This ordinance shall become effective immediately 30 days after its adoption. 20-8649/231925 27 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of Jul ,2020• Ma ATTEST: APPROVED AS TO FORM: /44� , cu City Clerk 4. City Attorney IE AN P OVED: INITIATED AND kPP kVED: City Manager Director of Community Development 20-8649/231925 28 Ord. No. 4214 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU,the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on July 7,2020,and was again read to said City Council at a Regular meeting thereof held on July 20,2020, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council, AYES: Posey,Delgleize,Hardy, Semeta, Peterson, Carr, Brenden NOES: None ABSENT: None ABSTAIN: None 1,Robin Estanislau,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on July 30,2020. �y In accordance with the City Charter of said City. 4q� ( ,�' ht� Robin Estanislau.City Clerk City Clerk and ex-officio Clerk Deputy Cily.Clerk of the City Council of the City of Huntington Beach,California ORDINANCE NO. 4212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED USE CLASSIFICATIONS (ZONING TEXT AMENDMENT NO. 19-005) THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAKES THE FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS ORDINANCE: WHEREAS, under the California Constitution, Article XI, Section 7, the City has been granted broad police powers to preserve the residential characteristics of its RL, RHM, RH and RMP residential zones; and the residential portion of its Specific Plans, which powers have been recognized by both the California Supreme Court and United States Supreme Court, the latter of which has stated that, "It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled"; and The Federal Fair Housing Act ("FHA") and the California Fair Employment Housing Act ("FEHA") prohibit enforcement of business regulation facially or effectively discriminate against equal housing opportunities for the disabled; and A core purpose of the FHA and FEHA is to provide a broader range of housing opportunities to the disabled; to free the disabled, to the extent possible, from institutional style living; and to ensure that disabled persons may live in a similar fashion as non-disabled persons live in residential neighborhoods; and To fulfill this purpose, the FHA and FEHA also require that the City provide reasonable accommodations to its zoning ordinances if such accommodation is necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling; and Any facility which provides non-medical alcoholism or drug abuse recovery, treatment, or detoxification services must obtain a license from the California Department of Alcohol and Drug Programs ("ADP"). Health& Safety Code section 11834.30 provides that no person"shall operate, establish, manage, conduct, or maintain an alcoholism or drug abuse recovery or 20-8649/232115 1 treatment facility to provide recovery,treatment, or detoxification services" with the State without first obtaining an ADP license; and State law has preempted local regulation of ADP-licensed facilities, and requires that all California cities must permit in all residential zones pursuant to ADP-licensed facilities with six or fewer residents pursuant to Health and Safety Code Sections 11834.20 and 11834.23; and A Group Home is residential facility that is being used as a supportive living environment for persons who are considered disabled under State or Federal law. Persons recovering from drug and/or alcohol addiction are considered disabled for the purposes of the FEHA and the Federal Americans with Disabilities Act("ADA"); and A Sober Living Home is a Group Home for persons who are recovering from a drug and/or alcohol addiction and who are considered handicapped under FEHA or ADA; and The City of Huntington Beach has seen a sharp increase in the number of Sober Living Homes, which has generated secondary impacts including, but not limited to neighborhood parking shortfalls, overcrowding, inordinate amounts of second-hand smoke, and noise; and the clustering of Sober Living Homes in close proximity to each other creating near neighborhoods of Sober Living Homes; and As of May 2020, the City has identified approximately 177 Sober Living Homes and residential care facilities in the multi-family and single-family residential zones; and The number of Sober Living Homes in the City of Huntington Beach is rapidly increasing, leading to an overconcentration of Sober Living Homes in certain of the City's residential neighborhoods, which is both deleterious to the residential character of these neighborhoods and may also lead to the institutionalization of such neighborhoods; and The purpose of Sober Living Homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they have the opportunity to reside in the residential neighborhood of their choice; and 20-8649/232115 2 In enacting this Ordinance, the City Council of the City of Huntington Beach is attempting to strike a balance between the City's and residents' interests of preserving the characteristics of residential neighborhoods and to provide opportunities for the disabled to reside in such neighborhoods that are enjoyed by the non-disabled; and Because of their extremely transient populations, above-normal numbers of individuals/adults residing in a single dwelling and the lack of regulations, Sober Living Homes present problems not typically associated with more traditional residential uses, including but not limited to: the housing of large numbers of unrelated adults who may or may not be supervised; disproportionate numbers of cars associated with a single housing unit, which causes disproportionate traffic and utilization of on-street parking; excessive noise and outdoor smoking, which interferes with the use and enjoyment of neighbors' use of their property; neighbors who have little to no idea who does and does not reside in the home; little to no participation in community activities that form and strengthen neighborhood cohesion; disproportional impacts from the average dwelling unit to nearly all public services including sewer, water,parks, libraries, transportation infrastructure, fire and police; a history of congregating in the same general area; and the potential influx of individuals with a criminal record; and Housing inordinately large numbers of unrelated adults in a single dwelling or congregating Sober Living Homes in close proximity to each other does not provide the disabled with an opportunity to "live in normal residential surroundings,"but rather places them into living environments bearing more in common with the types of institutional dormitory living that the FEHA and FHA were designed to avoid for the disabled, and which no reasonable person could contend provides a normal residential surrounding; and Notwithstanding the above, the City Council recognizes that while not in character with residential neighborhoods, responsibly operated Sober Living Homes, and Group Homes, including Sober Living Homes, benefit society by providing the disabled the opportunity to live in residential neighborhoods, recovery programs for individuals attempting to overcome their drug and alcohol addictions, and providing Sober Living Homes greater access to residential zones; and 20-8649/232115 3 Without regulation there is no means of ensuring that (i) the individuals entering into Sober Living Homes are disabled individuals and entitled to reasonable accommodation under local and state law; (ii) the Sober Living Home is operated professionally to minimize impacts to the surrounding neighborhood; and (iii) the secondary impacts from over concentration of Sober Living Homes and Group Homes in a neighborhood and large numbers of unrelated adults residing in a single facility are lessened; and At least some operators of Sober Living Homes and Group Homes are driven more by profit rather than intent to provide recovering addicts a realistic potential of sobriety, or a living environment resembling the manner in which the non-disabled use and enjoy a dwelling; and The residents of Sober Living Homes and Group Homes come to the City from all parts of the country and often lack established ties to the community and a local support system independent of the Sober Living Home or Group Home; and consequently the residents are especially vulnerable to becoming homeless upon eviction; and Is the intent of this Ordinance to require that operators of Group and Sober Living Homes provide the residents information regarding the available local housing resources prior to eviction from a Sober Living Home or Group Home; and Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 19-005, which amends Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance relating to updated, clarified, and additional use classifications utilized within the ZSO. After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; 20-8649/232115 4 NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance titled Use Classifications is hereby amended to read as follows: 11204.06 Residential Use Classifications A. Day Care,Limited (or Small-Family).Non-medical care and supervision of six or fewer persons,or eight or fewer persons if two of the persons are six years of age or older, on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. This classification includes nursery schools, preschools, and day-care centers for children and adults. B. Group Home. A facility that is being used as a supportive living environment for persons who are considered disabled under State or Federal law. A Group Home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one (1) or more dwelling units. Group homes shall not include the following: (1) residential care facilities; (2) any unit operating as a single housekeeping unit. C. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, but excludes residential hotels or motels, and Group Homes. D. Multifamily Residential. Two or more dwelling units on a site. This classification includes manufactured homes. E. Referral Facility. A Residential Care Facility, Group Home, or Sober Living Home where one or more person's residency in the facility is pursuant to a court order or directive from an agency in the criminal justice system. F. Residential Care Facility. A residential facility licensed by the State where care, services, or treatment is provided to persons living in a supportive community residential setting. Residential care facilities include, but may not be limited to, the following: intermediate care facilities for the developmentally disabled (Health& Safety Code §§ 1267.8, 1267.9); community care facilities (Health& Safety Code § 1500 et seq.); residential care facilities for the elderly (Health& Safety Code § 1569 et seq.); residential care facilities for the chronically ill (22 C.C.R. § 87801(a)(5); Health& Safety Code § 20-8649/232115 5 1568.02); alcoholism and drug abuse facilities (Health& Safety Code §§ 11834.02- 11834.30); pediatric day health and respite care facilities (Health& Safety Code § 1760 et seq.); residential health care facilities, including congregate living health facilities (Health & Safety Code §§ 1265-1271.1, 1250(i), 1250(e), (h)); family care home, foster home, group home for the mentally disordered or otherwise disabled persons or dependent and neglected children (Wel. & Inst. Code §§ 5115-5120). G. Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes. H. Sober Living Home. A Group Home for persons who are recovering from a drug and/or alcohol addiction and who are considered disabled under State or Federal law. Sober Living Homes shall not include the following: (1) residential care facilities; (2) any unit operating as a single housekeeping unit. I. Supportive Housing. Housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents to retain the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. On-site and off-site services may include, but are not limited to, after-school tutoring, child care, and career counseling. Supportive housing uses are subject only to those restrictions and processing requirements that apply to other residential dwellings of the same type in the same zone. J. Transitional Housing. Temporary housing (generally six months to two years) for a homeless individual or family who is transitioning to permanent housing. This type of housing includes multi-family unit developments and often includes a supportive services component to allow individuals to gain necessary life skills in support of independent living. Transitional housing uses are subject only to those restrictions and processing requirements that apply to other residential dwellings of the same type in the same zone. 20-8649/232115 6 204.08 Public and Semipublic Use Classifications A. Cemetery.Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery,business and administrative offices, chapels, flower shops, and necessary maintenance facilities. B. Clubs and Lodges.Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers. C. Community and Human Service Facilities. 1. Drug Abuse Centers. Facilities offering drop-in services for persons suffering from drug abuse, including treatment and counseling without provision for on-site residence or confinement. 2. Primary Health Care. Medical services, including clinics, counseling and referral services, to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement. 3. Emergency Kitchens.Establishments offering food for the"homeless"and others in need. 4. Emergency Shelters. Establishments offering food and shelter programs for"homeless" people and others in need. This classification does not include facilities licensed for residential care, as defined by the State of California,which provide supervision of daily activities. 5. Residential Care, General. Twenty-four-hour non-medical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the State of California. SECTION 2. All other provisions of Chapter 204 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. 20-8649/232115 7 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of July , 2020. Ma ATTEST: APPROVED AS TO FORM: City Clerk City Attorney fV LD A A PROVED: INITIATED P OVED: Ir y Manager Director of Community Development 20-8649/232115 8 Ord. No. 4212 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on July 7,2020, and was again read to said City Council at a Regular meeting thereof held on July 20, 2020, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden NOES: None ABSENT: None ABSTAIN: None I,Robin Estanislau,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on July 30,2020. In accordance with the City Charter of said City. Robin Estanislau, Ci, Clerk City Clerk and ex-officio Clerk l� De u Ci Cierk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 4215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED R RESIDENTIAL DISTRICTS (ZONING TEXT AMENDMENT NO. 19-005) THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAKES THE FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS ORDINANCE: WHEREAS, under the California Constitution, Article XI, Section 7,the City has been granted broad police powers to preserve the residential characteristics of its RL, RHM, RH and RMP residential zones; and the residential portion of its Specific Plans, which powers have been recognized by both the California Supreme Court and United States Supreme Court,the latter of which has stated that, "It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled"; and The Federal Fair Housing Act ("FHA") and the California Fair Employment Housing Act ("FEHA") prohibit enforcement of business regulation facially or effectively discriminate against equal housing opportunities for the disabled; and A core purpose of the FHA and FEHA is to provide a broader range of housing opportunities to the disabled; to free the disabled,to the extent possible, from institutional style living; and to ensure that disabled persons may live in a similar fashion as non-disabled persons live in residential neighborhoods; and To fulfill this purpose, the FHA and FEHA also require that the City provide reasonable accommodations to its zoning ordinances if such accommodation is necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling; and Any facility which provides non-medical alcoholism or drug abuse recovery, treatment, or detoxification services must obtain a license from the California Department of Alcohol and Drug Programs ("ADP"). Health& Safety Code section 11834.30 provides that no person"shall operate, establish, manage, conduct, or maintain an alcoholism or drug abuse recovery or 20-8649/232137 1 treatment facility to provide recovery,treatment, or detoxification services" with the State without first obtaining an ADP license; and State law has preempted local regulation of ADP-licensed facilities, and requires that all California cities must permit in all residential zones pursuant to ADP-licensed facilities with six or fewer residents pursuant to Health and Safety Code Sections 11834.20 and 11834.23; and A Group Home is residential facility that is being used as a supportive living environment for persons who are considered disabled under State or Federal law. Persons recovering from drug and/or alcohol addiction are considered disabled for the purposes of the FEHA and the Federal Americans with Disabilities Act ("ADA"); and A Sober Living Home is a Group Home for persons who are recovering from a drug and/or alcohol addiction and who are considered handicapped under FEHA or ADA; and The City of Huntington Beach has seen a sharp increase in the number of Sober Living Homes, which has generated secondary impacts including, but not limited to neighborhood parking shortfalls, overcrowding, inordinate amounts of second-hand smoke, and noise; and the clustering of Sober Living Homes in close proximity to each other creating near neighborhoods of Sober Living Homes; and As of May 2020, the City has identified approximately 177 Sober Living Homes and residential care facilities in the multi-family and single-family residential zones; and The number of Sober Living Homes in the City of Huntington Beach is rapidly increasing, leading to an overconcentration of Sober Living Homes in certain of the City's residential neighborhoods, which is both deleterious to the residential character of these neighborhoods and may also lead to the institutionalization of such neighborhoods; and The purpose of Sober Living Homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they have the opportunity to reside in the residential neighborhood of their choice; and 20-8649/232137 2 In enacting this Ordinance,the City Council of the City of Huntington Beach is attempting to strike a balance between the City's and residents' interests of preserving the characteristics of residential neighborhoods and to provide opportunities for the disabled to reside in such neighborhoods that are enjoyed by the non-disabled; and Because of their extremely transient populations, above-normal numbers of individuals/adults residing in a single dwelling and the lack of regulations, Sober Living Homes present problems not typically associated with more traditional residential uses, including but not limited to: the housing of large numbers of unrelated adults who may or may not be supervised; disproportionate numbers of cars associated with a single housing unit, which causes disproportionate traffic and utilization of on-street parking; excessive noise and outdoor smoking, which interferes with the use and enjoyment of neighbors' use of their property; neighbors who have little to no idea who does and does not reside in the home; little to no participation in community activities that form and strengthen neighborhood cohesion; disproportional impacts from the average dwelling unit to nearly all public services including sewer, water, parks, libraries, transportation infrastructure, fire and police; a history of congregating in the same general area; and the potential influx of individuals with a criminal record; and Housing inordinately large numbers of unrelated adults in a single dwelling or congregating Sober Living Homes in close proximity to each other does not provide the disabled with an opportunity to "live in normal residential surroundings,"but rather places them into living environments bearing more in common with the types of institutional dormitory living that the FEHA and FHA were designed to avoid for the disabled, and which no reasonable person could contend provides a normal residential surrounding; and Notwithstanding the above,the City Council recognizes that while not in character with residential neighborhoods, responsibly operated Sober Living Homes, and Group Homes, including Sober Living Homes, benefit society by providing the disabled the opportunity to live in residential neighborhoods, recovery programs for individuals attempting to overcome their drug and alcohol addictions, and providing Sober Living Homes greater access to residential zones; and 20-8649/232137 3 Without regulation there is no means of ensuring that (i) the individuals entering into Sober Living Homes are disabled individuals and entitled to reasonable accommodation under local and state law; (ii) the Sober Living Home is operated professionally to minimize impacts to the surrounding neighborhood; and (iii) the secondary impacts from over concentration of Sober Living Homes and Group Homes in a neighborhood and large numbers of unrelated adults residing in a single facility are lessened; and At least some operators of Sober Living Homes and Group Homes are driven more by profit rather than intent to provide recovering addicts a realistic potential of sobriety, or a living environment resembling the manner in which the non-disabled use and enjoy a dwelling; and The residents of Sober Living Homes and Group Homes come to the City from all parts of the country and often lack established ties to the community and a local support system independent of the Sober Living Home or Group Home; and consequently the residents are especially vulnerable to becoming homeless upon eviction; and Is the intent of this Ordinance to require that operators of Group and Sober Living Homes provide the residents information regarding the available local housing resources prior to eviction from a Sober Living Home or Group Home; and Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 19-005, which amends Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance relating to updated, clarified, and additional development standards utilized within Residential Districts of the ZSO. After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; 20-8649/232137 4 NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance titled R Residential Districts is hereby amended to read as follows: 210.02 Residential Districts Established The purpose of the residential districts is to implement the General Plan and Local Coastal Program Land Use Plan residential land use designations. Five residential zoning districts are established by this chapter as follows: A. The RL Low Density Residential District provides opportunities for single-family residential land use in neighborhoods, subject to appropriate standards. Cluster development is allowed. Maximum density is seven units per acre. B. The RM Medium Density Residential District provides opportunities for housing of a more intense nature than single-family detached dwelling units, including duplexes, triplexes, town houses, apartments, multi-dwelling structures, or cluster housing with landscaped open space for residents' use. Single-family homes, such as patio homes, may also be suitable. Maximum density is 15 units per acre. C. The RMH Medium High Density Residential District provides opportunities for a more intensive form of development than is permitted under the medium density designation while setting an upper limit on density that is lower than the most intense and concentrated development permitted in the City. One subdistrict has been identified with unique characteristics where separate development standards shall apply: RMH-A Small Lot. Maximum density is 25 units per acre. D. The RH High Density Residential District provides opportunities for the most intensive form of residential development allowed in the City, including apartments in garden type complexes and high rise where scenic and view potential exists, subject to appropriate standards and locational requirements. Maximum density is 35 units per acre. E. The RMP Residential Manufactured Home Park District provides sites for mobile home or manufactured home parks, including parks with rental spaces and parks where spaces are individually owned. Maximum density is nine spaces per acre. (3334-6/97) 20-8649/232137 5 210.04 RL, RM, RMH, RH, and RMP Districts—Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions"that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. 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. RL,RM,RMH,RH, and RMP Districts: Land Use Controls P =Permitted L= Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU=Temporary use permit P/U =Requires conditional use permit on site of conditional use - =Not Permitted 20-8649/232137 6 RMH, Additional RL RM RH RMP Provisions Residential Uses (A)(M)(Q) Day Care, Ltd. P P P P Group Homes L-8 L-8 L-8 L-8 Incl. Sober Living Homes Group Residential - - PC - Multifamily Residential (B)(C)(D)(R) 2 - 4 units ZA P P - 5 - 9 units ZA ZA ZA - 10 or more units PC PC PC - Manufactured Home Parks ZA ZA - ZA (E)(F) Referral Facility - L-9 L-9 L-9 Residential Care Facility P/PC P/PC P/PC P/PC (T) Single-Family Residential P P P P (B)(D)(F)(P)(R)(S) Supportive Housing L-7 L-7 L-7 L-7 Transitional Housing L-7 L-7 L-7 L-7 Public and Semipublic (A)(0) Clubs & Lodges PC PC ZA ZA Day Care, Large-family L-6 L-6 L-6 L-6 Day Care, General L-1 ZA ZA ZA Park & Recreation Facilities L-2 L-2 L-2 L-2 Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC Residential Care, General PC PC PC Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities, Minor P P P P Commercial Communication Facilities L-5 L-5 L-5 L-5 Horticulture ZA ZA ZA ZA Nurseries ZA ZA ZA ZA Visitor Accommodations Bed and Breakfast Inns - - L-4 - 20-8649/232137 7 Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) Temporary Uses M M) Commercial Filming, Limited P P P P Real Estate Sales P P P P (N) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses I I I I(K)(L) RL, RM, RMH,RH, and RMP Districts: Additional Provisions L-1 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre (gross acreage) or greater fronting an arterial in RL District. L-2 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. L-3 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A general day care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. L-4 A conditional use permit from the Zoning Administrator is required and only allowed on lots 10,000 square feet or greater in RMH-A subdistrict. See also Section 230.42, Bed and Breakfast Inns. L-5 Only wireless communication facilities permitted subject to Section 230.96, wireless communication facilities. L-6 Neighborhood notification is required pursuant to Section 241.24, No architectural plans shall be required. L-7 Supportive housing and transitional housing shall be considered a residential use of property and shall be subject only to those restrictions and processing requirements that apply to other residential dwellings of the same type in the same zone. 20-8649/232137 8 L-8 Group Homes and Sober Living Homes A. A Group Home or Sober Living Home with six (6) or fewer residents in the RL, RM, RMH, RH, RMP, a Specific Plan Residential, or a Specific Plan Mixed Use zone shall require a Special Use Permit from the Community Development Director, and: 1. As measured from the property line to property line, a Sober Living Home shall be at least one thousand (1000) feet from any other property that contains a Group Home, Sober Living Home, or State-Licensed Residential Care Facility. Refer to the procedures and location requirements of Chapter 230.28. B. A Group Home or Sober Living Home with seven (7) or more residents is not permitted in the RL zone. In the RM, RMH, RH, RMP, Specific Plan Residential, or Specific Plan Mixed Use zone, a Group Home or Sober Living Home with seven (7) or more residents shall require a Conditional Use Permit from the Planning Commission, and: 1. As measured from the property line to property line, the Group Home or Sober Living Home shall be at least one thousand (1000) feet from any other property that contains a Group Home, Sober Living Home, or State-Licensed Residential Care Facility; 2. An application for an Operator's Permit that complies with Chapter 5.110 of the Huntington Beach Municipal Code (HBMC) shall be required for and may be granted to permit the operation of a Group Home or Sober Living Home. C. An applicant may seek relief from the strict application of this section by submitting a Reasonable Accommodation application to the Community Development Director setting forth specific reasons as to why accommodation over and above this section is necessary under State and Federal laws, pursuant to Chapter 17.77 of the Huntington Beach Municipal Code. L-9 A Referral Facility is any individual Residential Care Facility, Group Home, or Sober Living Home where one or more person's residency in the facility is pursuant to a court order or directive from an agency in the criminal justice system. The following standards are applicable to Referral Facilities: 20-8649/232137 9 A. Referral Facilities are not permitted in the Residential Low Density (RL) zone, and no Referral Facility may be located within five hundred (500) feet of property that is zoned either Residential Low Density (RL) or Specific Plan Residential Low Density areas, or within five hundred (500) feet of a school, park, place of worship, or licensed day care facility. B. A Referral Facility must have a manager on-site, twenty-four (24) hours every day to ensure the orderly operation of the facility and its compliance with all applicable laws, regulations, and conditions. C. No Referral Facility shall admit a resident who has been convicted of any crime involving physical force against a person, illegal possession of a weapon, possession or use of a weapon in the commission of a crime, or a felony involving a controlled substance. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previously approved conditional use permit, if any, or approval of a new conditional use permit. (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens (See Section 210.08), for affordable housing (See Sections 210.10 and 230.14), or for density bonus (See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) Abuts an arterial highway; (2) Includes a dwelling unit more than 150 feet from a public street; or (3) Includes buildings exceeding 25 feet in height. (D) See Section 210.12, Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14, RMP District Supplemental Standards. In addition,Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s) to an existing manufactured home park. 20-8649/232137 10 (F) See Section 230.16, Manufactured Homes. (G) See Section 230.12, Home Occupation in R Districts. (H) See Section 230.08, Accessory Structures. (I) See Section 230.10, Accessory Dwelling Units. (J) See Section 241.20, Temporary Use Permits. (K) See Chapter 236,Nonconforming Uses and Structures. (L) See Chapter 233, Signs. (M) Tents,trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (N) See Section 230.18, Subdivision Sales Offices and Model Homes. (0) Limited to facilities on sites of fewer than two acres. (P) See Section 230.22, Residential Infill Lot Developments. (Q) See Section 230.20, Payment of Parkland Dedication In-Lieu Fee. (R) Small Lot Development Standards for RM, RMH, and RH Districts. A conditional use permit from the Planning Commission is required for small lot residential subdivisions, including condominium maps for detached single-family dwellings. See also Section 230.24, Small Lot Development Standards. (S) See Coastal Element Land Use Plan, Table C-2, for permitted uses, development requirements and restrictions applicable to development within Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal Element Land Use Plan. Subdivision design and development within Subarea 4K shall incorporate the information from the plans and studies required in Table C-2 for development of that subarea. If there is a conflict between the requirements and restrictions of Table C-2 and other provisions of the Zoning and Subdivision Ordinance, the requirements and restrictions included in Table C-2 shall prevail. (T) Unlicensed Residential Care Facilities are not permitted in any R district. 20-8649/232137 11 State licensed Residential Care Facilities serving six (6) or fewer persons are permitted in the in the RL, RM, RMH, RH, RMP, a Specific Plan Residential, or a Specific Plan Mixed Use zones. State licensed Residential Care Facilities serving seven(7)or more persons in the RL(See Provision L-1), RM, RMH, RH, RMP, a Specific Plan Residential, or a Specific Plan Mixed Use zone are subject to a CUP by the Planning Commission pursuant to the requirements of Section 230.28. SECTION 2. All other provisions of Chapter 210 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of July , 2020. P Ma ATT APPROVED AS TO FORM: r City Clerk 1;:�,City Attorney 5viZ�AN AP OVED: INITIATED AND APP VED: City Manager Community Development Director 20-8649/232137 12 Ord. No. 4215 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on July 7,2020, and was again read to said City Council at a Regular meeting thereof held on July 20,2020, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden NOES: None ABSENT: None ABSTAIN: None I,Robin Estanislau,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on July 30,2020. In accordance with the City Charter of said City. a Robin Estanislau. Ci, Clerk City Clerk and ex-officio Clerk De u Ci Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 4216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED SITE STANDARDS (ZONING TEXT AMENDMENT NO. 19-005) THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAKES THE FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS ORDINANCE: WHEREAS, under the California Constitution, Article XI, Section 7, the City has been granted broad police powers to preserve the residential characteristics of its RL, RHM, RH and RMP residential zones; and the residential portion of its Specific Plans, which powers have been recognized by both the California Supreme Court and United States Supreme Court, the latter of which has stated that, "It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled"; and The Federal Fair Housing Act("FHA") and the California Fair Employment Housing Act ("FEHA") prohibit enforcement of business regulation facially or effectively discriminate against equal housing opportunities for the disabled; and A core purpose of the FHA and FEHA is to provide a broader range of housing opportunities to the disabled; to free the disabled, to the extent possible, from institutional style living; and to ensure that disabled persons may live in a similar fashion as non-disabled persons live in residential neighborhoods; and To fulfill this purpose, the FHA and FEHA also require that the City provide reasonable accommodations to its zoning ordinances if such accommodation is necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling; and Any facility which provides non-medical alcoholism or drug abuse recovery, treatment, or detoxification services must obtain a license from the California Department of Alcohol and Drug Programs ("ADP"). Health& Safety Code section 11834.30 provides that no person"shall operate, establish, manage, conduct, or maintain an alcoholism or drug abuse recovery or 20-8649/231928 1 treatment facility to provide recovery, treatment, or detoxification services"with the State without first obtaining an ADP license; and State law has preempted local regulation of ADP-licensed facilities, and requires that all California cities must permit in all residential zones pursuant to ADP-licensed facilities with six or fewer residents pursuant to Health and Safety Code Sections 11834.20 and 11834.23; and A Group Home is residential facility that is being used as a supportive living environment for persons who are considered disabled under State or Federal law. Persons recovering from drug and/or alcohol addiction are considered disabled for the purposes of the FEHA and the Federal Americans with Disabilities Act ("ADA"); and A Sober Living Home is a Group Home for persons who are recovering from a drug and/or alcohol addiction and who are considered handicapped under FEHA or ADA; and The City of Huntington Beach has seen a sharp increase in the number of Sober Living Homes, which has generated secondary impacts including, but not limited to neighborhood parking shortfalls, overcrowding, inordinate amounts of second-hand smoke, and noise; and the clustering of Sober Living Homes in close proximity to each other creating near neighborhoods of Sober Living Homes; and As of May 2020, the City has identified approximately 177 Sober Living Homes and residential care facilities in the multi-family and single-family residential zones; and The number of Sober Living Homes in the City of Huntington Beach is rapidly increasing, leading to an overconcentration of Sober Living Homes in certain of the City's residential neighborhoods, which is both deleterious to the residential character of these neighborhoods and may also lead to the institutionalization of such neighborhoods; and The purpose of Sober Living Homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they have the opportunity to reside in the residential neighborhood of their choice; and 20-8649/231928 2 In enacting this Ordinance, the City Council of the City of Huntington Beach is attempting to strike a balance between the City's and residents' interests of preserving the characteristics of residential neighborhoods and to provide opportunities for the disabled to reside in such neighborhoods that are enjoyed by the non-disabled; and Because of their extremely transient populations, above-normal numbers of individuals/adults residing in a single dwelling and the lack of regulations, Sober Living Homes present problems not typically associated with more traditional residential uses, including but not limited to: the housing of large numbers of unrelated adults who may or may not be supervised; disproportionate numbers of cars associated with a single housing unit, which causes disproportionate traffic and utilization of on-street parking; excessive noise and outdoor smoking, which interferes with the use and enjoyment of neighbors' use of their property; neighbors who have little to no idea who does and does not reside in the home; little to no participation in community activities that form and strengthen neighborhood cohesion; disproportional impacts from the average dwelling unit to nearly all public services including sewer, water, parks, libraries, transportation infrastructure, fire and police; a history of congregating in the same general area; and the potential influx of individuals with a criminal record; and Housing inordinately large numbers of unrelated adults in a single dwelling or congregating Sober Living Homes in close proximity to each other does not provide the disabled with an opportunity to "live in normal residential surroundings,"but rather places them into living environments bearing more in common with the types of institutional dormitory living that the FEHA and FHA were designed to avoid for the disabled, and which no reasonable person could contend provides a normal residential surrounding; and Notwithstanding the above, the City Council recognizes that while not in character with residential neighborhoods, responsibly operated Sober Living Homes, and Group Homes, including Sober Living Homes, benefit society by providing the disabled the opportunity to live in residential neighborhoods, recovery programs for individuals attempting to overcome their drug and alcohol addictions, and providing Sober Living Homes greater access to residential zones; and 20-8649/231928 3 Without regulation there is no means of ensuring that (i)the individuals entering into Sober Living Homes are disabled individuals and entitled to reasonable accommodation under local and state law; (ii) the Sober Living Home is operated professionally to minimize impacts to the surrounding neighborhood; and (iii) the secondary impacts from over concentration of Sober Living Homes and Group Homes in a neighborhood and large numbers of unrelated adults residing in a single facility are lessened; and At least some operators of Sober Living Homes and Group Homes are driven more by profit rather than intent to provide recovering addicts a realistic potential of sobriety, or a living environment resembling the manner in which the non-disabled use and enjoy a dwelling; and The residents of Sober Living Homes and Group Homes come to the City from all parts of the country and often lack established ties to the community and a local support system independent of the Sober Living Home or Group Home; and consequently the residents are especially vulnerable to becoming homeless upon eviction; and Is the intent of this Ordinance to require that operators of Group and Sober Living Homes provide the residents information regarding the available local housing resources prior to eviction from a Sober Living Home or Group Home; and Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 19-005, which amends Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance relating to updated, clarified, and site standards utilized within the ZSO. After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; 20-8649/231928 4 NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance titled Site Standards is hereby amended to read as follows: 230.28 Group Homes A. Purpose. This chapter is intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of the FEHA, the FHAA and the Lanterman Act by, among other things: (1) ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Huntington Beach Municipal Code and not simply skirting the city's boarding house regulations; (2) limiting the secondary impacts of group homes by reducing noise and traffic,preserving safety and providing adequate on street parking; (3) providing an accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for the disabled and for recovering addicts to be successful in their programs. B. Special Use Permit Required. 1. A group home that may otherwise be considered an unpermitted use may locate in the RL, RM, RMH, RH, RMP, a Specific Plan Residential, or a Specific Plan Mixed Use zone with a Special Use Permit provided: a. An application for a group home is submitted to the director by the owner/operator of the group home. The application shall provide the following: i The name, address, phone number and driver's license number of the owner/operator; ii. If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application: (1). Every general partner of the partnership, (2). Every owner with a controlling interest in the corporation, 20-8649/231928 5 (3). The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder; iii. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor; iv. The name, address, phone number and driver's license number of the house manager; v. A copy of the group home rules and regulations; vi. Written intake procedures; vii. The relapse policy; viii. An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside at the group home; ix. Blank copies of all forms that all residents and potential residents are required to complete; and x. A fee for the cost of processing of the application as set by resolution of the city council. No person shall open a group home or begin employment with a group home until this information has been provided and such persons shall be responsible for updating any of this information to keep it current. b. The group home has six (6) or fewer occupants, not counting a house manager, but in no event shall have more than seven(7) occupants. If the dwelling unit has a secondary accessory unit, occupants of both units will be combined to determine whether or not the limit of six (6) occupants has been exceeded. c. The group home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose. d. The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a 20-8649/231928 6 twenty-four (24) hour basis and who are responsible for the day-to-day operation of the group home. e. All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within five hundred (500) feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home. f. Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code section 1503.5 and section 80001(c)(3) of Title 22, California Code of Regulations. g. Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. h. If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property. i. The property must be fully in compliance with all building codes, municipal code and zoning. j. At least forty-eight(48) hours prior to an occupant's eviction from or involuntary termination of residency in a group home,the operator thereof shall: i. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home; ii. Contact the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment; iii. Notify the City's Homeless Task Force or its successor panel that an occupant is no longer a resident at the home, and determine the services available therefrom; iv. Provide the information obtained from paragraphs ii and iii of this subsection B.l.j. and any other treatment provider or service to the occupant prior 20-8649/231928 7 to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon; v. Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the special use permit for that facility, the operator shall comply with paragraphs i. through iv. of this subsection B.1 j. as soon as possible. k. Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also: i. Make available to the occupant transportation to the address listed on the occupant's driver license, state-issued identification card, or the permanent address identified in the occupant's application or referral to the group home; ii. Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant. If the operator cannot find accommodation, the occupant must continue to house on premises until such accommodation can be found for the occupant. 1. The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections B.I j. and B.I.k. of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection B.1.k. of this section by providing remuneration to the occupant for the cost of transportation. in. All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to,those provisions regulating licensure and parking, standing and stopping. n. In addition to the regulations outlined above, the following shall also apply to sober living homes: 20-8649/231928 8 i. The sober living home is not located within one thousand (1000) feet, as measured from the closest property lines, of any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility. ii. All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction. iii. The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home's rules for residency and the violator cannot be re-admitted for at least ninety (90) days. Any second violation of this rule shall result in permanent eviction. Alternatively,the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. iv. The number of occupants subject to the sex offender registration requirements of Penal Code section 290 does not exceed the limit set forth in Penal Code section 3003.5 and does not violate the distance provisions set forth in Penal Code section 3003. v. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. 20-8649/231928 9 vi. The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received. vii. The sober living home shall not provide any of the following services as they are defined by section 10501(a)(6) of Title 9, California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. o. An applicant may seek relief from the strict application of this section by submitting a reasonable accommodation application setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to section HBMC 17.77. 2. The special use permit shall be issued by the director as a ministerial matter if the applicant is in compliance or has agreed to comply with subsections B.La. through B.l.n. of this section. The issuance of the special use permit shall be denied upon a determination, and if already issued shall be denied or revoked upon a hearing, by the director that any of the following circumstances exist: a. Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information; b. Any owner/operator or staff person has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. c. Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven (7) to ten(10) years, to any of the following offenses: i. Any sex offense for which the person is required to register as a sex offender under California Penal Code section 290 (last ten (10) years); 20-8649/231928 10 ii. Arson offenses—Violations of Penal Code Sections 451--455 (last seven (7) years); or iii. Violent felonies, as defined in Penal Code section 667.5, which involve doing bodily harm to another person (last ten (10) years). iv. The unlawful sale or furnishing of any controlled substances (last seven(7) years). d. Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. e. The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the FHAA and FEHA. f. A special use permit for a sober living home shall also be denied upon a determination, and if already issued, any transfer shall be denied or revoked, upon a hearing, by the director that any of the following additional circumstances exist: i. Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one (1) full year of sobriety. ii. The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. iii. The sober living home, as measured by the closest property lines, is located within one thousand (1000) feet of any other sober living home or state licensed alcoholism or drug abuse recovery or treatment facility. If a state-licensed alcoholism or drug abuse recovery or treatment facility moves within one thousand (1000) feet of an existing sober living home this shall not cause the revocation of the sober living home's permit or be grounds for denying a transfer of such permit. 20-8649/231928 11 g. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections B.l.j. through m. h. Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to HBMC 17.77. C. Compliance 1. Existing Group Homes must apply for a special use permit within ninety (90) days of the effective date of this chapter. 2. Group Homes that are in existence upon the effective date of this chapter shall have one (1) year from the effective date of this chapter to comply with its provisions, provided that any existing Group Home, which is serving more than six (6) residents, must first comply with the six-resident maximum. 3. Existing Group Homes obligated by a written lease exceeding one (1) year from the effective date of the ordinance, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one (1) additional years grace period pursuant to Planning Division approval. D. Transfer of Special Use Permit 1. A Special Use Permit may not be transferred to any other person or entity. No Special Use Permit issued pursuant to this chapter shall be transferred or assigned or authorize any person other than the person or entity named in the permit to operate the group home named therein. E. A Conditional Use Permit shall be required for and may be granted to allow the operation of a Group Home, or a Residential Care Facility with seven (7) or more occupants in the RM, RMH, RH, RMP, Specific Plan Residential and Specific Plan Mixed Use Zones subject to the following conditions: 20-8649/231928 12 1. As measured from the property line to property line, the Group Home or Sober Living Home shall be at least one thousand (1000) feet from any other property that contains a Group Home, Sober Living Home, or State-Licensed Residential Care Facility. 2. An application for an Operator's Permit that complies with Chapter 5.110 of the Huntington Beach Municipal Code (HBMC) shall be required for and may be granted to permit the operation of a Group Home or Sober Living Home. SECTION 2. All other provisions of Chapter 230 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20thday of 4Mr 2020. ;4 / ATTEST: APPROVED AS TO FORM: City Clerk City Attorney nVIt A AP END: INITIATED AN APP VED: City Manager Community Development Director 20-8649/231928 13 Ord. No. 4216 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on July 7,2020, and was again read to said City Council at a Regular meeting thereof held on July 20, 2020, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden NOES: None ABSENT: None ABSTAIN: None I,Robin Estanislau,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on July 30,2020. In accordance with the City Charter of said City. (/ ��"""^u/�✓W� Robin oin Estanislau City Clerk City Clerk and ex-officio Clerk ee u Ci Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 4213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING TITLE 5 OF THE HUNTINGTON BEACH MUNICIPAL CODE TITLED BUSINESS LICENSES AND REGULATIONS (ZONING TEXT AMENDMENT NO. 19-005) THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAKES THE FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS ORDINANCE: Under the California Constitution, Article XI, Section 7,the City has been granted broad police powers to preserve the residential characteristics of its RL, RHM, RH and RMP residential zones; and the residential portion of its Specific Plans,which powers have been recognized by both the California Supreme Court and United States Supreme Court, the latter of which has stated that, "It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled"; and The Federal Fair Housing Act ("FHA") and the California Fair Employment Housing Act ("FEHA") prohibit enforcement of business regulation facially or effectively discriminate against equal housing opportunities for the disabled; and A core purpose of the FHA and FEHA is to provide a broader range of housing opportunities to the disabled; to free the disabled,to the extent possible, from institutional style living; and to ensure that disabled persons may live in a similar fashion as non-disabled persons live in residential neighborhoods; and To fulfill this purpose, the FHA and FEHA also require that the City provide reasonable accommodations to its zoning ordinances if such accommodation is necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling; and Any facility which provides non-medical alcoholism or drug abuse recovery, treatment, or detoxification services must obtain a license from the California Department of Alcohol and Drug Programs ("ADP"). Health& Safety Code section 11834.30 provides that no person"shall operate, establish, manage, conduct, or maintain an alcoholism or drug abuse recovery or 20-8649/231929 1 treatment facility to provide recovery, treatment, or detoxification services" with the State without first obtaining an ADP license; and State law has preempted local regulation of ADP-licensed facilities, and requires that all California cities must permit in all residential zones pursuant to ADP-licensed facilities with six or fewer residents pursuant to Health and Safety Code Sections 11834.20 and 11834.23; and A Group Home is residential facility that is being used as a supportive living environment for persons who are considered disabled under State or Federal law. Persons recovering from drug and/or alcohol addiction are considered disabled for the purposes of the FEHA and the Federal Americans with Disabilities Act ("ADA"); and A Sober Living Home is a Group Home for persons who are recovering from a drug and/or alcohol addiction and who are considered handicapped under FEHA or ADA; and The City of Huntington Beach has seen a sharp increase in the number of Sober Living Homes, which has generated secondary impacts including, but not limited to neighborhood parking shortfalls, overcrowding, inordinate amounts of second-hand smoke, and noise; and the clustering of Sober Living Homes in close proximity to each other creating near neighborhoods of Sober Living Homes; and As of May 2020,the City has identified approximately 177 Sober Living Homes and residential care facilities in the multi-family and single-family residential zones; and The number of Sober Living Homes in the City of Huntington Beach is rapidly increasing, leading to an overconcentration of Sober Living Homes in certain of the City's residential neighborhoods, which is both deleterious to the residential character of these neighborhoods and may also lead to the institutionalization of such neighborhoods; and The purpose of Sober Living Homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they have the opportunity to reside in the residential neighborhood of their choice; and 20-8649/231929 2 In enacting this Ordinance, the City Council of the City of Huntington Beach is attempting to strike a balance between the City's and residents' interests of preserving the characteristics of residential neighborhoods and to provide opportunities for the disabled to reside in such neighborhoods that are enjoyed by the non-disabled; and Because of their extremely transient populations, above-normal numbers of individuals/adults residing in a single dwelling and the lack of regulations, Sober Living Homes present problems not typically associated with more traditional residential uses, including but not limited to: the housing of large numbers of unrelated adults who may or may not be supervised; disproportionate numbers of cars associated with a single housing unit, which causes disproportionate traffic and utilization of on-street parking; excessive noise and outdoor smoking, which interferes with the use and enjoyment of neighbors' use of their property; neighbors who have little to no idea who does and does not reside in the home; little to no participation in community activities that form and strengthen neighborhood cohesion; disproportional impacts from the average dwelling unit to nearly all public services including sewer, water, parks, libraries, transportation infrastructure, fire and police; a history of congregating in the same general area; and the potential influx of individuals with a criminal record; and Housing inordinately large numbers of unrelated adults in a single dwelling or congregating Sober Living Homes in close proximity to each other does not provide the disabled with an opportunity to "live in normal residential surroundings," but rather places them into living environments bearing more in common with the types of institutional dormitory living that the FEHA and FHA were designed to avoid for the disabled, and which no reasonable person could contend provides a normal residential surrounding; and Notwithstanding the above,the City Council recognizes that while not in character with residential neighborhoods, responsibly operated Sober Living Homes, and Group Homes, including Sober Living Homes, benefit society by providing the disabled the opportunity to live in residential neighborhoods, recovery programs for individuals attempting to overcome their drug and alcohol addictions, and providing Sober Living Homes greater access to residential zones; and 20-8649/231929 3 Without regulation there is no means of ensuring that(i)the individuals entering into Sober Living Homes are disabled individuals and entitled to reasonable accommodation under local and state law; (ii) the Sober Living Home is operated professionally to minimize impacts to the surrounding neighborhood; and (iii) the secondary impacts from over concentration of Sober Living Homes and Group Homes in a neighborhood and large numbers of unrelated adults residing in a single facility are lessened; and At least some operators of Sober Living Homes and Group Homes are driven more by profit rather than intent to provide recovering addicts a realistic potential of sobriety, or a living environment resembling the manner in which the non-disabled use and enjoy a dwelling; and The residents of Sober Living Homes and Group Homes come to the City from all parts of the country and often lack established ties to the community and a local support system independent of the Sober Living Home or Group Home; and consequently the residents are especially vulnerable to becoming homeless upon eviction; and Is the intent of this Ordinance to require that operators of Group and Sober Living Homes provide the residents information regarding the available local housing resources prior to eviction from a Sober Living Home or Group Home; and Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 19-005, which amends Title 5 relating to updated, clarified, and site standards utilized within the HBMC. After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: 20-8649/231929 4 SECTION 1. That Title 5 Business Licenses and Regulations of the Huntington Beach Municipal Code is hereby amended to read as follows: Chapter 5.110 GROUP HOMES 5.110.010 Definitions. The definitions set forth in Title 20 Chapter 203 of the ZSO Code shall apply to the provisions of this article unless otherwise provided for herein. 5.110.020 Zoning Regulations. In addition to the requirements of this article, all group homes subject to this article shall comply with the requirements set forth in Title 23 Chapter 230.28 of the ZSO Code. 5.110.030 Operator's Permit Required. It is unlawful for any person to operate, or to permit any person to operate, a group home on any property located within the RL, RM, RMH, RH, RMP, Specific Plan Residential or Specific Plan Mixed Use zone, without a valid permit issued for that group home pursuant to the provisions of this article. 5.110.040 Exceptions. The requirements of this article shall not apply to: A. A group home that has six (6) or fewer occupants, not counting a house manager, and that is in compliance with the applicable provisions of Title 23 Chapters 230.28 of this Code; B. A state licensed alcoholism or drug abuse recovery or treatment facility; or C. A state licensed residential care facility. 5.110.050 Requirements for issuance of operator's permit. A. The owner/operator shall submit an application to the Finance Director that provides the following information: 1. The name, address, phone number and driver's license number of the owner/operator; 2. A live scan of the operator and/or house manager; 20-8649/231929 5 3. If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application: a. Every general partner of the partnership; b. Every owner with a controlling interest in the corporation; and c. The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder. 4. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor; 5. The name, address, phone number and driver's license number of the house manager; 6. A copy of the group home rules and regulations; 7. Written intake procedures; 8. The relapse policy; 9. An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside at the group home; 10. Blank copies of all forms that all residents and potential residents are required to complete; and 11. A fee for the cost of processing of the application as set by resolution of the City Council. B. Requirements for operation of group homes. 1. The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a twenty-four (24) hour basis and who are responsible for the day-to-day operation of the group home. 20-8649/231929 6 2. All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within five hundred (500) feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home. 3. Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code section 1503.5 and section 80001(c)(3) of Title 22, California Code of Regulations. 4. Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. 5. If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property. 6. At least forty-eight (48) hours prior to eviction from or involuntary termination of residency in a group home,the operator thereof shall: a. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home; b. Contact the Orange County Health Care Agency OC Links Referral Line or other entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment; c. Notify the city's Homeless Task Force or its successor panel that an occupant is no longer a resident at the home, determine the services available therefrom; and d. Provide the information obtained from paragraphs b and c of this subsection (13)(6) and any other treatment provider or service to the occupant prior to his or her release on a form provided by the city and obtain the occupant's signed acknowledgement thereon; e. Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the city as part of the 20-8649/231929 7 special use permit for that facility,the operator shall comply with paragraphs a though e of this subsection B.6. as soon as possible. 7. Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also: a. Make available to the occupant transportation to the address listed on the occupant's driver license, state issued identification card, or the permanent address identified in the occupant's application or referral to the group home; b. Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant. 8. The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections A.7. and A.8. of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection A.8. by providing remuneration to the occupant for the cost of transportation. 9. All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping. 10. The property must be fully in compliance with all building codes, municipal code and zoning. 11. In addition to the regulations outlined above, the following shall also apply to Sober Living Homes: a. All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the Sober Living Home must maintain current records of meeting attendance. Under the Sober Living Home's rules and 20-8649/231929 8 regulations, refusal to actively participate in such a program shall be cause for eviction. b. The Sober Living Home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the Sober Living Home or by any recovering addict either on or off site. The Sober Living Home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the Sober Living Home's rules for residency and the violator cannot be re-admitted for at least ninety (90) days. Any second violation of this rule shall result in permanent eviction. Alternatively, the Sober Living Home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. c. The number of occupants subject to the sex offender registration requirements of Penal Code section 290 does not exceed the limit set forth in Penal Code section 3003.5 and does not violate the distance provisions set forth in Penal Code section 3003. d. The Sober Living Home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. e. The Sober Living Home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received. f. The Sober Living Home shall not provide any of the following services as they are defined by section 10501(a)(6) of Title 9, California Code of 20-8649/231929 9 Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. C. An applicant may seek relief from the strict application of this section by submitting an application to the.Community Development Director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to Chapter 17.77 of this Code, D. The operator's permit shall be issued by the Director if the applicant is in compliance, or, where applicable, has agreed to comply, with the requirements of subsections A. and B. above. E. In addition to denying an application for failing to comply, or failing to agree to comply, with subsections A. and/or B. of this section, an operator's permit shall also be denied, and if already issued shall be revoked upon a hearing by the Director, under any of the following circumstances: 1. Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information. 2. Any owner/operator or staff person has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. 3. Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven (7) to ten(10) years, to any of the following offenses: a. Any sex offense for which the person is required to register as a sex offender under California Penal Code section 290 (last ten (10) years); b. Arson offenses—Violations of Penal Code Sections 451-455 (last seven (7) years); or c. Violent felonies, as defined in Penal Code section 667.5, which involve doing bodily harm to another person(last ten(10) years). d. The unlawful sale or furnishing of any controlled substances (last seven(7) years). 20-8649/231929 10 4. Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. 5. The owner/operator accepts residents, other than a house manager, who are not disabled or disabled as defined by the FHAA and FEHA. 6. An operator's permit for a Sober Living Home shall also be denied, and if already issued shall be revoked upon a hearing by the Director, under any of the following additional circumstances: a. The owner/operator of a Sober Living Home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. b. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations. 5.110.060 Transfer of operator's permit. A. An operator's permit shall not be valid for a location other than the property for which it is issued, unless and until the transfer of the permit is approved by the Finance Director pursuant to the requirements of section 5.110.060. B. An operator's permit may not be transferred to any other person or entity.No operator's permit issued pursuant to this article shall be transferred or assigned or authorize any person or entity other than the person or entity named in the permit to operate the group home named therein. 5.110.070 Revocation of operator's permit. An operator's permit may be revoked upon a hearing by the Finance Director pursuant to section 5.08.300 for failing to comply with the terms of the permit and/or for failing to comply with the applicable provisions of section 5.110.050. 5.110.080 Reapplication after denial or revocation. 20-8649/231929 11 A. An applicant for an operator's permit whose application for such an operator's permit has been denied may not apply for such an operator's permit for a period of six (6) months from the date such notice of denial was issued. B. A holder of an operator's permit that has been cancelled, revoked, or otherwise invalidated may not reapply for an operator's or a user's permit for a period of six (6) months from the date that such revocation, cancellation, or invalidation became final. 5.110.090 Compliance. A group home that is subject to the provisions of this article that is in existence as of the effective date of this ordinance shall have one hundred twenty (120) days to comply with the provisions of this article SECTION 2. All other provisions of Title 5 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of July , 2020. M ATTES • " ,`" APPROVED AS TO FORM: V 1�J r .(I City Clerk n City Attorney VIE AND Pp ED: INITIATED AN MPVED, i y Manager Community Development Director 20-8649/231929 12 Ord. No. 4213 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on July 7,2020, and was again read to said City Council at a Regular meeting thereof held on July 20,2020, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden NOES: None ABSENT: None ABSTAIN: None I,Robin Estanislau,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on July 30,2020. In accordance with the City Charter of said City. Robin Estani lau City Clerk City Clerk and ex-officio Clerk Del)u City Clerk of the City Council of the City of Huntington Beach, California _ City of Huntington Beach C j L File #: 20-1677 MEETING DATE: 6/9/2020 PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Ursula Luna-Reynosa, Community Development Director BY: Hayden Beckman, Senior Planner SUBJECT: ZONING TEXT AMENDMENT NO. 19-005 (GROUP HOMES) REQUEST: To amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and create a new chapter of the Huntington Beach Municipal Code (HBMC) that together establish a set of regulations for Group Homes, Sober Living Homes, and Residential Care Facilities affecting Residential Districts Citywide. The four chapters of the HBZSO to be amended are Chapter 203 (Definitions), Chapter 204 (Use Classifications), Chapter 210 (Residential Districts), and Chapter 230 (Site Standards) - Section 230.28 Group Homes. The chapter of the HBMC to be added is Chapter 5.110 Group Homes. LOCATION: Residential Zoning Districts Citywide APPLICANT: City of Huntington Beach PROPERTY OWNER: Multiple Various Residential Property Owners BUSINESS OWNER: Multiple Various Business Owners STATEMENT OF ISSUE: Currently, the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) does not adequately identify or regulate group homes in all areas of the City. It is the intent of the City Council to develop an Ordinance that strikes an appropriate balance between the interests of the City and its residents to preserve residential neighborhood character, and the need to provide housing accommodations to disabled persons, including those in recovery from chemical addiction to reside in normalized City of Huntington Beach Page 1 of 11 Printed on 6/9/2020 power y LegistarTIO File #: 20-1677 MEETING DATE: 6/9/2020 residential environments. The Planning Commission shall consider the following: 1. Does the project satisfy all the findings required for approving a Zoning Text Amendment? 2. Has the appropriate level of environmental analysis been determined? RECOMMENDATION: That the Planning Commission take the following actions: A) Finds and determines that the project will not have any significant effect on the environment and is categorically exempt from the California Environmental Quality Act pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the amendment to the HBZSO will have a significant effect on the environment (Attachment No. 1). B) Forward Zoning Text Amendment No. 19-005 to City Council for consideration with a recommendation of approval (Attachment No. 1). ALTERNATIVE ACTION(S): A) Do not recommend approval of Zoning Text Amendment No. 19-005 to the City Council. PROJECT PROPOSAL: Background: At the September 16, 2019 City Council meeting by a vote of 7-0, the City Council directed the City Attorney to return to Council with one or more Ordinance(s) that regulates "Group Homes and Sober Living Homes" with an appropriate balance between the interests of the City and its residents to preserve residential neighborhood character and the need to provide reasonable accommodation for the disabled, including those recovering from chemical addiction, to reside in normalized residential environments. Like many California cities, the City of Huntington Beach has experienced a rise in the number of Group Homes within single family residential neighborhoods. A type of Group Home, commonly referred to as Sober Living Homes, are single family homes where many occupants reside while recovering from alcohol and drug addiction. These Sober Living Homes provide a place to live in "a residential setting" between detox and the resident's future housing. These homes are not required to be licensed by the State and are not allowed to provide services that State licensed alcoholism or drug abuse recovery or treatment facilities provide. The proliferation of Sober Living Homes in Huntington Beach has resulted in a substantial increase in complaints generated by neighbors and community members regarding the operation of these uses. Reported impacts of sober living homes include excessive amounts of noise, loitering, second-hand smoke, trash and debris, and increased parking demands within residential neighborhoods. Of particular concern are complaints regarding the over-concentration of sober living homes, and when City of Huntington Beach Page 2 of 11 Printed on 6/9/2020 powera3531 LegistarTIO File #: 20-1677 MEETING DATE: 6/9/2020 in close proximity to one another, these uses may change the character of a residential neighborhood to a more institutional environment. The proposed amendments are intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of State law, by, among other things: (1) ensuring that Group Homes are actually entitled to the special accommodation and/or additional accommodation provided under the Huntington Beach Municipal Code and not simply skirting the City's land use regulations; (2) limiting the secondary impacts of Group Homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing an accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for the disabled and.for recovering addicts to be successful in their programs. The proposed regulations will require Group Homes, including Sober Living Homes, to obtain a ministerial permit to operate in a manner consistent with the nature of the single-family residential neighborhoods in which they are located. The Federal Fair Housing Act (FHA) and California Fair Employment Housing Act (FEHA), prohibits cities from enforcing zoning laws that have the effect of discriminating against the disabled with regard to housing opportunities. A disabled person is defined by The Americans with Disabilities Act (ADA) as one that has: 1. A physical or mental impairment that affects one or more major life activities; 2. A history of recovery from alcoholism or illegal use of drugs; or 3. Has been regarded as having such impairment. The ADA protects persons in recovery from chemical addiction, even if they are no longer engaged in the illegal use of drugs and otherwise meet the definitions in the statute. Additionally, pursuant to the California Government and Welfare and Institutions Codes, and The Lanterman Developmental Disabilities and Services Act (Lanterman Act), people with developmental disabilities have the right to obtain the services and support they need to live like people without disabilities. A core purpose of this State law is to provide a broader range of housing options to the disabled, and to free the disabled to the extent possible from institutional style living. As such, a disabled person is afforded an equal opportunity to use and enjoy a residential dwelling. Likewise, pursuant to the California FEHA, individuals with physical and mental disabilities have the right under State law to rent, lease, or buy housing accommodations free from discrimination due to a disability. State law requires cities to treat certain state-licensed residential care facilities that provide care, services, and/or treatment serving six or fewer disabled tenants as a single family residential use. (As such, and consistent with State law, the existing HBZSO provides that both "Residential Alcohol Recovery, Limited" and "Residential Care, Limited" uses that house six (6) or fewer individuals are permitted by right in the City's Residential districts.) The Health and Safety Code does not regulate supportive living facilities that provide no treatment, and the HBZSO does not currently classify such a use specifically, which has encumbered the City's ability to effectively mitigate impacts from such uses. Finally, the California Constitution and Huntington Beach Charter grants broad police powers to Huntington Beach to preserve the residential characteristics or its various types of residential zones. It is the intent of the City Council to develop an Ordinance that strikes an appropriate balance between the interests of the City and its residents to preserve residential neighborhood character, City of Huntington Beach Page 3 of 11 Printed on 6/9/2020 powered LegistarTM File #: 20-1677 MEETING DATE: 6/9/2020 and the need to provide housing accommodations to disabled persons, including those in recovery from chemical addiction to reside in normalized residential environments that promote effective recovery. State and Federal laws require the City to make reasonable accommodations in its zoning laws when such accommodation is reasonably necessary to afford the disabled the opportunity to use and enjoy a dwelling. The proposed Ordinance will apply to all districts Citywide, but affect only residential districts. Study Session: The Planning Commission held a study session for ZTA No. 19-005 on May 26, 2020. In addition to minor text adjustments, the Commission asked staff to return with information regarding the following items: • HBZSO Chapter 230.28 (B)(1)(k)(ii) - What is the final option for an operator who is in the process of evicting a tenant if that operator cannot find a facility or agency willing to accept them? Staff added "If the operator cannot find accommodation, the occupant must continue to house on premises until such accommodation can be found for the occupant"to Chapter 230.28 (B) (1)(k)(ii). • Clarify definition of Boarding House. Can we add language to Use Classification to Group Residential to exclude Single Housekeeping Units? Upon further consideration, the proposed definition of Boarding House was revised. However, the distinctions of the proposed definitions of both Boarding House and Group Residential are of legal significance and staff does not recommend further modification. • Can the requirements include a blanket buffer for GH/SLH to also be minimum 1000 feet from any City boundary to avoid cross-jurisdictional overconcentration? A buffer requirement from City boundaries has not been legally tested by the Courts and is therefore not recommended. The proposed 1000' buffer is in excess of the 650' buffer that has been tested and any additional deviations could be a future issue. • How does a Referral Facility become a Referral Facility? Does an applicant have to declare that upon application to the City? The operator of any existing or future Group Home, Sober Living Home, or Residential Care Facility may choose to accept residents as ordered from a court or similar directive, thus classifying their operation as a Referral Facility. As such, the operator is responsible for identifying this element of operation to the City and staff will build into the applications for a Special Use Permit or Conditional Use Permit a statement requiring that the operator identify whether they intend to operate as a Referral Facility. • Can the City tie the revocation of an Operator's Permit to a corresponding Conditional Use Permit for the same property and operator? City of Huntington Beach Page 4 of 11 Printed on 6/9/2020 powered LegistarTM File #: 20-1677 MEETING DATE: 6/9/2020 A recommended condition of approval will be included with the Planning Commission's review of any Group Home Conditional Use Permit Home that will require a valid Operator's Permit for the duration of the operation of said Group Home. The condition will identify that should an Operator's Permit be revoked by the Finance Director, a hearing shall be held to formally revoke the corresponding Conditional Use Permit by the Planning Commission. • Are there any recent relevant legislative updates? The City of Costa Mesa is in various stages of litigation concerning their Group Home Ordinance. The litigation spans from the earliest which is an administrative appeal of a denial of a SUP to a pending case before a trial court to a case appealed to the Ninth Circuit Court of Appeal. ISSUES AND ANALYSIS: General Plan Conformance: The proposed ZTA is consistent with the goals and policies of the City's General Plan including: Land Use Element Policy LU-2 (D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Policy LU-4 (A): Encourage a mix of residential types to accommodate people with diverse housing needs. Housing Element Goal H-1: Maintain and enhance the quality and affordability of existing housing in Huntington Beach. Policy H-1.1: Preserve the character, scale, and quality of established residential neighborhoods. Policy H-5.1: Continue to enforce fair housing laws prohibiting arbitrary discrimination in the building, financing, sales, or rental of housing on the basis of race, religion, family status, national origin, physically (sic) disability or other factors. Policy H-5.3: Support the provision of permanent, affordable, and accessible housing that allows persons with disabilities to live independent lives. Provide assistance to residents making accessibility improvements to their homes. The ZTA will provide the City appropriate regulations to reduce impacts of existing and future group City of Huntington Beach Page 5 of 11 Printed on 6/9/2020 powere355-LegistarT" File #: 20-1677 MEETING DATE: 6/9/2020 homes, sober living homes, and residential care facilities thereby preserving the residential neighborhood character of the communities in which they operate. Further, the ZTA promotes effective recovery for disabled persons, including those suffering from the effects of alcoholism or illegal use of drugs, by providing housing accommodations in normalized residential environments. Zoning Compliance: The following provides a review of the proposed amendments organized by each Chapter. A. CHAPTER 203 DEFINITIONS To provide context to the scope of changes in this ZTA, several new definitions must be established in Chapter 203 Definitions, identified below. - Modify existing definition of Boarding House - Add Disabled - Add Fair Housing Laws - Add Household - Add Integral Facilities - Add Integral Uses - Add Operator - Add Single Housekeeping Unit These definitions work in concert with the other elements of the proposed ZTA to more clearly define specific uses as they pertain to the regulation of Group Homes in Huntington Beach. B. CHAPTER 204 USE CLASSIFICATIONS To provide for the regulation of Group Homes, including Sober Living Homes, this ZTA will establish four new use classifications in Chapter 204 Use Classifications. Staff is summarizing them below in order to introduce and differentiate each classification. Group Home A residential unit utilized as a supportive living environment for people meeting the legal definition of disabled. • Provides housing only for a classified group of people. No medical care, services, or treatment can take place in a Group Home o Only State licensed facilities can provide care, services, or treatment under State law (see Residential Care Facilities) Sober Living Home Sober Living Homes are also Group Homes, but specifically for people recovering from a chemical addiction that meet the legal definition of disabled. • Provides housing only that is primarily meant for people who have just come out of rehab and need a place to live that is structured and supportive for those in recovery. • For the purposes of the Ordinance, a Sober Living Home is not state licensed. • No medical care, services, or treatment can occur in a Sober Living Home o Only State licensed facilities can provide care, services, or treatment under State law (see Residential Care Facilities) City of Huntington Beach Page 6 of 11 Printed on 6/9/2020 powereMf` LegistarTM File #: 20-1677 MEETING DATE: 6/9/2020 Residential Care Facilities (RCF) A State Licensed residential facility where care, services, or treatment are provided to persons living in a community residential setting. • Provide housing and care/treatment for the elderly, developmentally disabled, chronically ill, and chemical addiction treatment facilities, among others. • RCFs that specifically provide drug and or alcohol abuse treatment are licensed by the Department of Health Care Services (DHCS) and are known as alcoholism or drug abuse recovery or treatment facilities. 0 Homes are required to be licensed by the DHCS when at least one of the following services is provided: detoxification, group counseling sessions, individual counseling sessions, educational sessions, or alcoholism or drug abuse recovery or treatment planning. Referral Facility Either a Residential Care Facility, Group Home, or Sober Living Home where one or more person's residency is per a court order or similar directive. Referral facilities must follow the permit procedure according to the base use classification, and are not permitted in the RL zone. C. CHAPTER 210 RESIDENTIAL DISTRICTS In addition to establishing the new Definitions and Use Classifications identified above, this ZTA will also amend Chapter 210 Residential Districts to provide reference to land use controls and new requirements for Group Homes in Residential Districts (Legislative Drafts attached for reference). These changes are summarized below. 1. Add "Group Homes Including Sober Living Homes" to Land Use Controls matrix and create Additional Provision L-8: o A Group Home (GH) or Sober Living Home (SLH) with six (6) or fewer residents ■ In all Residential districts, requires a ministerial Special Use Permit (SUP) from the Community Development Director; and ■ Any SLH shall be one thousand (1000) feet from any other property that contains a GH, SLH, or RCF pursuant to Chapter 230.28 o A GH or SLH with seven (7) or more residents ■ Not permitted in the RL zone ■ In all other Residential Districts, requires a CUP from the Planning Commission; and • An Operator's Permit that complies with Huntington Beach Municipal Code (HBMC) Section 5.110; and • The GH or SLH (with 7 or more residents) shall be one thousand (1000) feet from any other property that contains a GH or SLH. o An applicant for a GH or SLH may seek relief from strict application of the requirements of Additional Provision L-8 by applying for reasonable accommodation pursuant to HBMC 17.77. City of Huntington Beach Page 7 of 11 Printed on 6/9/2020 powereZ, y LegistarTM File #: 20-1677 MEETING DATE: 6/9/2020 2. Add "Referral Facility" to the Land Use Controls matrix and create Additional Provision L-9: o Referral Facilities are not permitted in the RL-zone; and ■ No Referral Facility may be located: • Within five hundred (500) feet of property that is zoned either RL or Specific Plan Residential Low Density, or • Within five hundred (500) feet of a school, park, place of worship, or licensed day care facility. o Referral Facilities must have an on-site manager 24/7 o Referral Facilities may not admit a resident convicted of specific crimes 3. Add "Residential Care Facility" to the Land Use Controls Matrix and create Additional Provision M. o Certain Residential Care Facilities are Permitted (P), and certain Residential Care Facilities require a CUP from the Planning Commission. The "P/PC" listing refers to this differentiation. o Additional Provision (T) ■ Identify that unlicensed Residential Care Facilities are not permitted in any R district ■ State licensed Residential Care Facilities serving six (6) or fewer residents are permitted in all R districts ■ State licensed Residential Care Facilities serving seven (7) or more residents in all R districts require a CUP from the Planning Commission D. CHAPTER 230.28 GROUP HOMES Finally, this ZTA will add a new section to Chapter 230 Site Standards, Article I. Residential Districts. Titled Chapter 230.28 Group Homes, this section represents the appropriate placement for new regulations that will be applicable to Group Homes in Residential Districts. Special Use Permit (SUP) Chapter 230.28 will identify that a Group Home that may otherwise be considered an unpermitted use may locate in a Residential District subject to the approval of a Special Use Permit (SUP) by the Community Development Director, provided that the Group Home is in compliance with applicable regulations. Should the Ordinance be adopted, all existing Group Homes as well as any new proposed Group Home will be required to obtain a SUP. The SUP is ministerial and may be granted when a complete application is submitted to the Community Development Director that provides the following: 1. The name, address, phone number, and driver's license number of the owner, operator, and house manager; 2. A copy of the Group Home rules and regulations; 3. Written intake procedures; 4. The relapse policy (if applicable, depending on the type of Group Home); City of Huntington Beach Page 8 of 11 Printed on 6/9/2020 powered,LegistarT°^ File #: 20-1677 MEETING DATE: 6/9/2020 5. An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by State and Federal law shall reside at the Group Home; 6. Blank copies of all forms that residents and potential residents are required to complete; and 7. A fee for the cost of processing the application as set by resolution by the City Council. Only basic information will be required to submit an application for a SUP, and the internal procedures and forms will be provided to applicants. Compliance with the application requirements should not present any significant hardship, since the requirements are in line with the routine capabilities expected from a professionally operated Group Home. In general, the operational requirements to maintain a SUP include the following: no more than seven (7) tenants may reside in a Group Home, one of which must be a house manager. If the dwelling unit has a secondary accessory unit, occupants of both units will be combined to determine whether or not the limit of six (6) occupants has been exceeded. A Group Home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose. The SUP also requires garage and driveway spaces to be available and used for parking of vehicles and limits each tenant to one vehicle, which must be operable and used as a primary form of transportation. In addition to the requirements for Group Homes outlined above, Chapter 230.28 will also identify that the following shall specifically apply to Sober Living Homes: 1. Sober Living Homes are prohibited from locating within one thousand (1000) feet of each other. 2. All occupants, other than the house manager, must be actively participating in legitimate recovery programs with supporting documentation required. 3. The Sober Living Home's rules and regulations must prohibit the use of any alcohol or non- prescribed drugs at the Sober Living Home or by any recovering addict either on or off site. Violation of the no drug policies are grounds for eviction for 90 days for the first offense. Any second violation of this rule shall result in permanent eviction. 4. The number of sex offenders in any group home shall be no more than one, pursuant to the applicable provisions of the Penal Code. 5. Each Sober Living Home shall have a written visitation policy that precludes any visitors who are under the influence of any drug or alcohol. 6. The Sober Living Home shall have a good neighbor policy that shall direct the occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane, or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received. 7. The Sober Living Home shall not provide any of the following services as they are defined by the California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. Chapter 230.28 will also provide provisions for requests for reasonable accommodation, cause for denial or revocation of a Special Use Permit, and compliance with the proposed regulations. If the Zoning Text Amendment is adopted by Ordinance, existing Group Homes, including Sober Living Homes, will have 90 days to apply for a Special Use Permit. Group Homes will have one year. from the effective date of the Ordinance to comply with its provisions, provided that any existing group home, which is serving more than six (6) residents, must first comply with the six (6) resident City of Huntington Beach Page 9 of 11 Printed on 6/9/2020 powered LegistarT'" File #: 20-1677 MEETING DATE: 6/9/2020 maximum. Conditional Use Permit Finally, Chapter 230.28 will require a Conditional Use Permit to permit the operation of a Group Home, including Sober Living Homes, or Residential Care Facility with seven (7) or more occupants in the RM, RMH, RH, RMP, Specific Plan Residential and Specific Plan Mixed Use zones. This CUP requirement will be processed to the Planning Commission. A Group Home or Residential Care Facility will be prohibited in the RL zone and these stipulations are reflected in the Land Use Controls matrix of Chapter 210. In addition to the Conditional Use Permit requirement, Group Homes or Residential Care Facilities with seven (7) or more occupants are subject to the following requirements: 1. The Group Home or Sober Living Home shall be at least one thousand (1000) feet from any other property that contains a Group Home, Sober Living Home, or State-licensed Residential Care Facility; and 2. An application for an Operator's Permit that complies with Chapter 5.110 of the Huntington Beach Municipal Code (HBMC). OPERATOR'S PERMIT In addition to the ZTA, the Huntington Beach Municipal Code Chapter 5.110 Group Homes will be amended to add a requirement that a Group Home obtain an Operator's Permit. Since Group Homes with more than seven (7) residents will be expressly prohibited in the RL zone, the Operator's Permit requirement applies to Group Homes with seven (7) or more residents in the RM, RMH, RH, RMP, Specific Plan Residential or Specific Plan Mixed Use zones. The Operator's Permit requirement does not apply to: 1. A Group Home that has six (6) or fewer occupants, not counting a house manager, that is in compliance with Chapter 230.28 of the HBZSO; 2. A state-licensed alcoholism or drug abuse recovery or treatment facility; or 3. A state-licensed residential care facility. An application for an Operator's Permit will be submitted to the Finance Director and must include similar information to that of a Special Use Permit. A Group Home subject to the provisions of Chapter 5.110 that is in existence as of the effective date of the Ordinance will have 120 days to comply with the provisions. Urban Design Guidelines Conformance: Not Applicable. Environmental Status: ZTA No. 19-005 is categorically exempt from the California Environmental Quality Act pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the amendment to the HBZSO will have a significant effect on the environment. City of Huntington Beach Page 10 of 11 Printed on 6/9/2020 powered Legistar M File #: 20-1677 MEETING DATE: 6/9/2020 Coastal Status: The proposed amendment will be forwarded to the California Coastal Commission as a minor Local Coastal Program Amendment for certification. Design Review Board: Not Applicable. Subdivision Committee: Not Applicable. Other Departments Concerns and Requirements: Should ZTA 19-005 be adopted by the City Council, the proposed regulations will require the development of application forms and review and approval processes to accommodate the dispensation of Special Use Permits by the Community Development and Operator's Permits by the Finance Department. Public Notification: Legal notice was published in the Orange County Register on May 28, 2020 and notices were sent to individuals/organizations requesting notification (Planning Division's Notification Matrix). As of June 3, no communications regarding the request have been received Application Processinq Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Not applicable Legislative Action - Not applicable SUMMARY: Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment No. 19-005 with findings and forward to the City Council based on the following: • Codifies new use classifications that modernize the HBZSO • Provides appropriate regulations and permit processes to reduce operational impacts of existing and future group homes, sober living homes, and residential care facilities • Provides housing accommodations to disabled persons to reside in normalized residential environments • Promotes effective recovery for persons suffering from the effects of alcoholism or illegal use of drugs • Preserves residential neighborhood character • Consistent with General Plan goals and policies ATTACHMENTS: 4- SHggeed Findings . 6 g eR BeaGh Mu nieFpal—cede GhepteF 6.110 GFE)Hp HeRgesLegislatiye—DFa efefen£e 940 City of Huntington Beach Page 11 of 11 Printed on 6/9/2020 powere3fty LegistarTl ZONING TEXT AMENDMENT 19mOO5 NOm (GROUP HOMES) City of Huntington Beach City Council July 6, 2020 � 4 IWu y u 362 ZONING TEXT AMENDMENT NO . 19-005 Background • City Council direction September 16, 2019 • Provide reasonable accommodation for the disabled • Preserve residential neighborhood character 363 y a pp I t a k ZONING TEXT AMENDMENT NO. 19-005 Background • Federal Fair Housing Act ( FHA) and California Fair Employment Housing Act ( FEHA) • Americans with Disabilities Act (ADA) • CA Government Code, Welfare and Institutions Code, and Lanterman Act 364 ZONING TEXT AMENDMENT NO. 19-005 Background • Laws intend to free disabled from institutional style living • Certain State-licensed ` residential care facilities ' considered a single family residential use • Provide care, services, and/or treatment • 6 or fewer disabled tenants • Unregulated supportive living facilities • No care, services, and/or treatment • HBZSO does not currently classify these uses 365 - � .u , ZONING TEXT AMENDMENT NO. 19-005 Amendments 1 . Chapter 203 Definitions • Add 8 new definitions 2. Chapter 204 Use Classifications • Establish 4 new Use Classifications: • Group Home • Sober Living Home • Residential Care Facility • Referral Facility 366 ZONING TEXT AMENDMENT NO. 19-005 Chapter 204 Use Classifications • Group Home • A residential unit used as a supportive living environment for the disabled • Provide housing only • No medical care, services, or treatment • Sober Living Home • A Group Home specifically for disabled people recovering from a drug and/or alcohol addiction • Not State licensed • Provide housing only • No medical care, services, or treatment 367 (RM ZONING TEXT AMENDMENT NO . 19-005 Chapter 204 Use Classifications • Residential Care Facility (RCF) • Must be State-licensed • Provide housing and medical care, services, or treatment • Supportive living environment for elderly, developmentally disabled, chronically ill, among others • Referral Facility • Either a RCF, Group Home, or Sober Living Home • 1 or more person ' s residency is per a court order or similar directive 368 ^si N_ ZONING TEXT AMENDMENT NO. 19-005 3. Chapter 210 Residential Districts Add " Group Homes Including Sober Living Homes" and create Additional Provision L-8: o A Group Home (GH) or Sober Living Home (SLH) with 6 or fewer residents • Requires Special Use Permit (SUP) from the Community Development Director • Any SLH shall be one thousand ( 1000) feet from any other property that contains a GH, SLH, or RCF 369 ZONING TEXT AMENDMENT NO. 19-005 Additional Provision L-8 (continued) : o A GH or SLH with 7 or more residents • Not permitted in the RL zone • Otherwise CUP from the Planning Commission; and • An Operator's Permit • The GH or SLH (with 7 or more residents) shall be one thousand ( 1000) feet from any other property that contains a GH or SLH 370 i ZONING TEXT AMENDMENT NO . 19-005 Chapter 210 Residential Districts Add " Referral Facility" to the Land Use Controls matrix and create Additional Provision L-9: o Not permitted in the RL zone o May not be located: • Within five hundred (500) feet of property that is zoned either RL or Specific Plan Residential Low Density, or • Within five hundred (500) feet of a school, park, place of worship, or licensed day care facility. 371 y Mpg I ! ZONING TEXT AMENDMENT NO. 19-005 Chapter 210 Residential Districts Add " Residential Care Facility" and create Additional Provision (T1 : • Unlicensed RCFs not permitted • State licensed Residential Care Facilities (RCF) serving 6 or fewer residents are Permitted (P) • State licensed RCFs serving 7 or more residents require a CUP from the Planning Commission (PC) . 372 "ERN rwF-�. ZONING TEXT AMENDMENT NO. 19-005 Chapter 230 Site Standards Add Chapter 230 .28 Group Homes • Group Home subject to approval of a Special Use Permit (SUP) • Applies to existing and future Group Homes • Ministerial approval • Director's decision appealable to the Planning Commission • Additional requirements 373 ail bTq ail ii I i h rt� - n i I i u k — ZONING TEXT AMENDMENT NO . 19-005 Chapter 230.28 Group Homes (continued ) • Sober Living Homes also subject to a SUP • Prohibited from locating within 1000 feet of each other • Group Homes and Sober Living Homes will have 90 days to apply for SUP • One year from effective date of Ordinance to comply with proposed provisions 374 ZONING TEXT AMENDMENT NO. 19-005 Chapter 230.28 Group Homes (continued ) • Group Home, Sober Living Home, or Residential Care Facility with 7 or more occupants • Prohibited in RL zone • All other R Districts require a CUP from the Planning Commission • Minimum 1000 feet from any other property that contains a Group Home, Sober Living Home, or RCF • Operators Permit pursuant to HBMC Chapter 5. 110 375 L ���� fiQll tl Ali IY i xi w e _ _ h ZONING TEXT AMENDMENT NO. 19-005 HBMC Chapter 5. 110 Group Homes • Operator' s Permit • Group Home, Sober Living Home, or Residential Care Facility with 7 or more occupants located outside RL Zone • Similar to a Special Use Permit • 120 days to comply 376 ZONING TEXT AMENDMENT NO. 19-005 • Ministerial approval to operate a Group Home • Reasonable accommodation for the disabled • Preserve the residential character of single-family neighborhoods • Limit secondary impacts Enhance opportunity for disabled and recovering addicts to be successful 377 o a x, s s y µ'p Staff and Planning Commission Recommendation Approve for Introduction Ordinance Nos . 4214., 4212., 4215., 4216, and 4213, approving Zoning Text Amendment (ZTA) No . 19-005 and Municipal Code Amendment adding Chapter 5 . 110 378 e uestions2, 379 From: Undisclosed To: supplementalcomm(c�surfcity-hb.org Subject: Meeting 7/6 Agenda item#18 20-1717 Date: Sunday,July 5,2020 9:50:55 PM Hello, I wanted to encourage the City Council to please approve item #18 20-1717 that includes the Zoning Text Amendment No. 19-005. These new items are desperately needed in order to begin the process of limiting and regulating the Sober Living Homes/Recovery Homes that are starting to crop up in our neighborhoods. We live on Ashworth Circle and it had been 12 men at 19622 Ashworth Circle- but guess what? ANOTHER man moved in on 4th of July, with his 3 dogs!! Where does it end?? We only want to have our neighborhood be just that, a family neighborhood. Thank you for all your work-we appreciate you! #norecoveryonashworth (you may read my email at the meeting if you chose to do so) 380 fbP— iky 1_c�,�i"-7o� City of Huntington Beach File #: 20-1717 MEETING DATE: 7/6/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subiect: Approve for Introduction Ordinance Nos. 4214, 4212, 4215, 4216, and 4213, approving Zoning Text Amendment (ZTA) No. 19-005 and Municipal Code Amendment adding Chapter 5.110 (Group Homes) Statement of Issue: Zoning Text Amendment No. 19-005 would modify four chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and create a new chapter of the Huntington Beach Municipal Code (HBMC) that, in combination, would establish a set of regulations for Group Homes, Sober Living Homes, and Residential Care Facilities affecting Residential Districts Citywide. The four chapters of the HBZSO to be amended are Chapter 203 (Definitions), Chapter 204 (Use Classifications), Chapter 210 (Residential Districts), and Chapter 230 (Site Standards) - Section 230.28 Group Homes. The chapter of the HBMC to be added is Chapter 5.110 Group Homes. The Planning Commission and staff recommend approval of the request. Financial Impact: Should the City Council vote to adopt ZTA No. 19-005 and amendment to the Huntington Beach Municipal Code adding Chapter 5.110 (Group Homes), the proposed regulations will require the development of application forms and review and approval processes to accommodate the dispensation of Special Use Permits by the Community Development Department and Operator's Permits by the Finance Department. Recommended Action: A) Find that the project will not have any significant effect on the environment and is categorically exempt from the California Environmental Quality Act pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the amendment to the HBZSO will have a significant effect on the environment (Attachment No. 1); and, B) Approve Zoning Text Amendment No. 19-005 with findings (Attachment No. 1), approve amendment to Huntington Beach Municipal Code adding Chapter 5.110 (Group Homes), and approve for introduction: City of Huntington Beach Page 1 of 10 Printed on 7/1/2020 powered34 LegistarW File #: 20-1717 MEETING DATE: 7/6/2020 Ordinance No. 4214, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance Titled Definitions (Zoning Text Amendment No. 19-005);" and, Ordinance No. 4212, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance Titled Use Classifications (Zoning Text Amendment No. 19-005);" and, Ordinance No. 4215, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance Titled R Residential Districts (Zoning Text Amendment No. 19-005);" and, Ordinance No. 4216, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance Titled Site Standards (Zoning Text Amendment No. 19-005);" and, Ordinance No. 4213, "An Ordinance of the City Council of the City of Huntington Beach Amending Title 5 of the Huntington Beach Municipal Code Titled Business Licenses and Regulations;" (Attachment Nos. 2 - 6). Alternative Action(s): The City Council may make the following alternative motion(s): A) Deny Zoning Text Amendment No. 19-005 and Municipal Code Amendment (Chapter 5.110 - Group Homes); or B) Continue Zoning Text Amendment No. 19-005 and Municipal Code Amendment (Chapter 5.110 - Group Homes), and direct staff accordingly. Analysis: A. PROJECT PROPOSAL Applicant: City of Huntington Beach Property Owner: Multiple Various Residential Property Owners Location: Residential Zoning Districts Citywide The Zoning Text Amendment (ZTA) proposes to amend four chapters of the Huntington Beach Zoning City of Huntington Beach Page 2 of 10 Printed on 7/1/2020 powereo9 ,LegistarT" File #: 20-1717 MEETING DATE: 7/6/2020 and Subdivision Ordinance (HBZSO), and create a new chapter of the Huntington Beach Municipal Code (HBMC) that, in combination, establish a set of regulations for Group Homes, Sober Living Homes, and Residential Care Facilities affecting Residential Districts Citywide. The four chapters of the HBZSO to be amended are Chapter 203 (Definitions), Chapter 204 (Use Classifications), Chapter 210 (Residential Districts), and Chapter 230 (Site Standards) - Section 230.28 Group Homes. The chapter of the HBMC to be added is Chapter 5.110 Group Homes. Back;;round: At the September 16, 2019, City Council meeting by a vote of 7-0, the City Council directed the City Attorney to return to Council with one or more Ordinance(s) that regulate "Group Homes and Sober Living Homes," with an appropriate balance between the interests of the City and its residents to preserve residential neighborhood character and the need to provide reasonable accommodation for the disabled, including those recovering from chemical addiction, to reside in normalized residential environments. Like many California cities, the City of Huntington Beach has experienced a rise in the number of Group Homes within single-family residential neighborhoods. A type of Group Home, commonly referred to as Sober Living Homes, are single-family homes where many occupants reside while recovering from alcohol and drug addiction. These Sober Living Homes provide a place to live in "a residential setting" between detox and the resident's future housing. These homes are not required to be licensed by the State, and are not allowed to provide services that State licensed alcoholism or drug abuse recovery or treatment facilities provide. The proliferation of Sober Living Homes in Huntington Beach has resulted in a substantial increase in complaints generated by neighbors and community members regarding the operation of these uses. Reported impacts of sober living homes include excessive amounts of noise, loitering, second-hand smoke, trash and debris, and increased parking demands within residential neighborhoods. Of particular concern are complaints regarding the over-concentration of sober living homes, and when in close proximity to one another, these uses may change the character of a residential neighborhood to a more institutional environment. The proposed amendments are intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of State law, by, among other things: (1) ensuring that Group Homes are actually entitled to the special accommodation and/or additional accommodation provided under the Huntington Beach Municipal Code and not simply skirting the City's land use regulations; (2) limiting the secondary impacts of Group Homes by reducing noise and traffic, preserving safety and providing adequate on- street parking; (3) providing an accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single- family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for the disabled and for recovering addicts to be successful in their programs. The proposed regulations will require Group Homes, including Sober Living Homes, to obtain a ministerial permit to operate in a manner consistent with the nature of the single-family residential neighborhoods in which they are located. The Federal Fair Housing Act (FHA) and California Fair Employment Housing Act (FEHA), prohibits cities from enforcing zoning laws that have the effect of discriminating against the disabled with regard to housing opportunities. A disabled person is defined by The Americans with Disabilities Act (ADA) as one that has: 1) A physical or mental impairment that affects one or more major life activities; 2) A history of recovery from alcoholism or illegal use of drugs; or 3) Has been regarded as having such impairment. The ADA protects persons in recovery from chemical addiction, even if they are no longer engaged in the illegal use of drugs and otherwise meet the definitions in the statute. City of Huntington Beach Page 3 of 10 Printed on 7/1/2020 powered LegistarTI File #: 20-1717 MEETING DATE: 7/6/2020 Additionally, pursuant to the California Government and Welfare and Institutions Codes, and the Lanterman Developmental Disabilities and Services Act (Lanterman Act), people with developmental disabilities have the right to obtain the services and support they need to live like people without disabilities. A core purpose of this State law is to provide a broader range of housing options to the disabled, and to free the disabled to the extent possible from institutional style living. As such, a disabled person is afforded an equal opportunity to use and enjoy a residential dwelling. Likewise, pursuant to the California FEHA, individuals with physical and mental disabilities have the right under State law to rent, lease, or buy housing accommodations free from discrimination due to a disability. State law requires cities to treat certain state-licensed residential care facilities that provide care, services, and/or treatment serving six or fewer disabled tenants as a single-family residential use. (As such, and consistent with State law, the existing HBZSO provides that both "Residential Alcohol Recovery, Limited" and "Residential Care, Limited" uses that house six (6) or fewer individuals are permitted by right in the City's Residential districts.) The Health and Safety Code does not regulate supportive living facilities that provide no treatment, and the HBZSO does not currently classify such a use specifically, which has encumbered the City's ability to effectively mitigate impacts from such uses. Finally, the California Constitution and Huntington Beach Charter grants broad police powers to Huntington Beach to preserve the residential characteristics or its various types of residential zones. It is the intent of the City Council to develop an Ordinance that strikes an appropriate balance between the interests of the City and its residents to preserve residential neighborhood character, and the need to provide housing accommodations to disabled persons, including those in recovery from chemical addiction to reside in normalized residential environments that promote effective recovery. State and Federal laws require the City to make reasonable accommodations in its zoning laws when such accommodation is reasonably necessary to afford the disabled the opportunity to use and enjoy a dwelling. The proposed Ordinance will apply to all districts Citywide, but affect only residential districts. B. PLANNING COMMISSION MEETING The Planning Commission held a public hearing on ZTA No. 19-005 on June 9, 2020. There were five public comments received regarding the proposed ZSO and HBMC amendments. The Planning Commission asked some questions for clarification regarding the definitions of Boarding House and Single Housekeeping Unit, current group home enforcement, permit transferability, and the proposed buffer requirements. Staff also provided an update regarding the status of the City of Costa Mesa's Group Homes Ordinance. Planning Commission Action on June 9, 2020: The motion was made by Kalmick, seconded by Scandura, to find and determine that the project is exempt from the California Environmental Quality Act, recommend approval of ZTA No. 19-005, and forward to the City Council for consideration carried by the following vote: City of Huntington Beach Page 4 of 10 Printed on 7/1/2020 powered Legistar— File #: 20-1717 MEETING DATE: 7/6/2020 AYES: Ray, Garcia, Kalmick, Mandic, Perkins, Scandura NOES: None ABSENT: Grant ABSTAIN: None C. STAFF ANALYSIS AND RECOMMENDATION Zoning Compliance: The following provides a review of the proposed amendments organized by each Chapter. 1. CHAPTER 203 DEFINITIONS To provide context to the scope of changes in this ZTA, several new definitions must be established in Chapter 203 Definitions, identified below. - Modify existing definition of Boarding - Add Disabled - Add Fair Housing - Add Household - Add Integral Facilities - Add Integral Uses - Add Operator - Add Single Housekeeping Unit These definitions work in concert with the other elements of the proposed ZTA to more clearly define specific uses as they pertain to the regulation of Group Homes in Huntington Beach. 2. CHAPTER 204 USE CLASSIFICATIONS To provide for the regulation of Group Homes, including Sober Living Homes, this ZTA will establish four new use classifications in Chapter 204 Use Classifications. Staff is summarizing them below in order to introduce and differentiate each classification. Group Home A residential unit utilized as a supportive living environment for people meeting the legal definition of disabled. • Provides housing only for a classified group of people. No medical care, services, or treatment can take place in a Group Home o Only State licensed facilities can provide care, services, or treatment under State law (see Residential Care Facilities) Sober Living Home Sober Living Homes are also Group Homes, but specifically for people recovering from a chemical addiction that meet the legal definition of disabled. • Provides housing only that is primarily meant for people who have just come out of rehab and need a place to live that is structured and supportive for those in recovery. • For the purposes of the Ordinance, a Sober Living Home is not state licensed. City of Huntington Beach Page 5 of 10 Printed on 7/1/2020 powered 4 Legistarlm File #: 20-1717 MEETING DATE: 7/6/2020 • No medical care, services, or treatment can occur in a Sober Living Home o Only State licensed facilities can provide care, services, or treatment under State law (see Residential Care Facilities) Residential Care Facilities (RCF) A State Licensed residential facility where care services, or treatment are provided to persons living in a community residential setting. • Provide housing and care/treatment for the elderly, developmentally disabled, chronically ill, and chemical addiction treatment facilities, among others. • RCFs that specifically provide drug and or alcohol abuse treatment are licensed by the Department of Health Care Services (DHCS) and are known as alcoholism or drug abuse recovery_ or treatment facilities. o Homes are required to be licensed by the DHCS when at least one of the following services is provided: detoxification, group counseling sessions, individual counseling sessions, educational sessions, or alcoholism or drug abuse recovery or treatment planning. Referral Facility Either a Residential Care Facility, Group Home, or Sober Living Home where one or more person's residency is per a court order or similar directive. Referral facilities must follow the permit procedure according to the base use classification, and are not permitted in the RL zone. 3. CHAPTER 210 RESIDENTIAL DISTRICTS In addition to establishing the new Definitions and Use Classifications identified above, this ZTA will also amend Chapter 210 Residential Districts to provide reference to land use controls and new requirements for Group Homes in Residential Districts (Legislative Drafts attached for reference). These changes are summarized below. a. Add "Group Homes Including Sober Living Homes" to Land Use Controls matrix and create Additional Provision L-8: o A Group Home (GH) or Sober Living Home (SLH) with six (6) or fewer residents ■ In all Residential districts, requires a ministerial Special Use Permit (SUP) from the Community Development Director; and ■ Any SLH shall be one thousand (1000) feet from any other property that contains a GH, SLH, or RCF pursuant to Chapter 230.28 o A GH or SLH with seven (7) or more residents ■ Not permitted in the RL zone ■ In all other Residential Districts, requires a CUP from the Planning Commission; and • An Operator's Permit that complies with Huntington Beach Municipal Code (HBMC) Section 5.110; and • The GH or SLH (with 7 or more residents) shall be one thousand (1000) feet from any other property that contains a GH or SLH. o An applicant for a GH or SLH may seek relief from strict application of the requirements of Additional Provision L-8 by applying for reasonable accommodation pursuant to HBMC 17.77. City of Huntington Beach Page 6 of 10 Printed on 7/1/2020 powered LegistarT. File #: 20-1717 MEETING DATE: 7/6/2020 b. Add "Referral Facility"to the Land Use Controls matrix and create Additional Provision L-9: o Referral Facilities are not permitted in the RL zone; and ■ No Referral Facility may be located: • Within five hundred (500) feet of property that is zoned either RL or Specific Plan Residential Low Density, or • Within five hundred (500) feet of a school, park, place of worship, or licensed day care facility. o Referral Facilities must have an on-site manager 24/7 o Referral Facilities may not admit a resident convicted of specific crimes c. Add "Residential Care Facility" to the Land Use Controls Matrix and create Additional Provision (T). o Certain Residential Care Facilities are Permitted (P), and certain Residential Care Facilities require a CUP from the Planning Commission. The "P/PC"listing refers to this differentiation. o Additional Provision (T) ■ Identify that unlicensed Residential Care Facilities are not permitted in any R district ■ State licensed Residential Care Facilities serving six (6) or fewer residents are permitted in all R districts ■ State licensed Residential Care Facilities serving seven (7) or more residents in all R districts require a CUP from the Planning Commission 4. CHAPTER 230.28 GROUP HOMES This ZTA will also add a new section to Chapter 230 Site Standards, Article I. Residential Districts. Titled Chapter 230.28 Group Homes, the appropriate placement for new regulations that will be applicable to Group Homes in Residential Districts. Special Use Permit (SUP) Chapter 230.28 will identify that a Group Home that may otherwise be considered an unpermitted use may locate in a Residential District subject to the approval of a Special Use Permit (SUP) by the Community Development Director, provided that the Group Home is in compliance with applicable regulations. Should the Ordinance be adopted, all existing Group Homes as well as any new proposed Group Home will be required to obtain a SUP. The SUP is ministerial and may be granted when a complete application is submitted to the Community Development Director that provides the following: a. The name, address, phone number, and driver's license number of the owner, operator, and house manager; b. A copy of the Group Home rules and regulations; C. Written intake procedures; d. The relapse policy (if applicable, depending on the type of Group Home); e. An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by State and Federal law shall reside at the Group Home; f. Blank copies of all forms that residents and potential residents are required to complete; and City of Huntington Beach Page 7 of 10 Printed on 7/1/2020 powereMb'l Legistar—, File #: 20-1717 MEETING DATE: 7/6/2020 g. A fee for the cost of processing the application as set by resolution by the City Council. Only basic information will be required to submit an application for a SUP, and the internal procedures and forms will be provided to applicants. Compliance with the application requirements should not present any significant hardship, since the requirements are in line with the routine capabilities expected from a professionally operated Group Home. In general, the operational requirements to maintain a SUP include the following: no more than seven (7) tenants may reside in a Group Home, one of which must be a house manager. If the dwelling unit has a secondary accessory unit, occupants of both units will be combined to determine whether or not the limit of six (6) occupants has been exceeded. A Group Home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose. The SUP also requires garage and driveway spaces to be available and used for parking of vehicles and limits each tenant to one vehicle, which must be operable and used as a primary form of transportation. In addition to the requirements for Group Homes outlined above, Chapter 230.28 will also identify that the following shall specifically apply to Sober Living Homes: a. Sober Living Homes are prohibited from locating within one thousand(1000) feet of each other. b. All occupants, other than the house manager, must be actively participating in legitimate recovery programs with supporting documentation required. c. The Sober Living Home's rules and regulations must prohibit the use of any alcohol or non- prescribed drugs at the Sober Living Home or by any recovering addict either on or off site. Violation of the no drug policies are grounds for eviction for 90 days for the first offense. Any second violation of this rule shall result in permanent eviction. d. The number of sex offenders in any group home shall be no more than one, pursuant to the applicable provisions of the Penal Code. e. Each Sober Living Home shall have a written visitation policy that precludes any visitors who are under the influence of any drug or alcohol. f. The Sober Living Home shall have a good neighbor policy that shall direct the occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane, or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received. g. The Sober Living Home shall not provide any of the following services as they are defined by the California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. Chapter 230.28 will also provide provisions for requests for reasonable accommodation, cause for denial or revocation of a Special Use Permit, and compliance with the proposed regulations. If the Zoning Text Amendment is adopted by Ordinance, existing Group Homes, including Sober Living Homes, will have 90 days to apply for a Special Use Permit. Group Homes will have one year from the effective date of the Ordinance to comply with its provisions, provided that any existing group home, which is serving more than six (6)residents, must first comply with the six (6)resident maximum. Conditional Use Permit City of Huntington Beach Page 8 of 10 Printed on 7/1/2020 powerel)Nj LegistarT" File #: 20-1717 MEETING DATE: 7/6/2020 Finally, Chapter 230.28 will require a Conditional Use Permit to permit the operation of a Group Home, including Sober Living Homes, or Residential Care Facility with seven (7) or more occupants in the RM, RMH, RH, RMP, Specific Plan Residential and Specific Plan Mixed Use zones. This CUP requirement will be processed to the Planning Commission. A Group Home or Residential Care Facility will be prohibited in the RL zone and these stipulations are reflected in the Land Use Controls matrix of Chapter 210. In addition to the Conditional Use Permit requirement, Group Homes or Residential Care Facilities with seven (7) or more occupants are subject to the following requirements: a. The Group Home or Sober Living Home shall be at least one thousand (1000) feet from any other property that contains a Group Home, Sober Living Home, or State-licensed Residential Care Facility; and b. An application for an Operator's Permit that complies with Chapter 5.110 of the Huntington Beach Municipal Code (HBMC). OPERATOR'S PERMIT This ZTA will amend the Huntington Beach Municipal Code Chapter 5.110 Group Homes to add a requirement that a Group Home obtain an Operator's Permit. Since Group Homes with more than seven (7) residents will be expressly prohibited in the RL zone, the Operator's Permit requirement applies to Group Homes with seven (7) or more residents in the RM, RMH, RE, RMP, Specific Plan Residential or Specific Plan Mixed Use zones. The Operator's Permit requirement does not apply to: a. A Group Home that has six (6) or fewer occupants, not counting a house manager,that is in compliance with Chapter 230.28 of the HBZSO; b. A state-licensed alcoholism or drug abuse recovery or treatment facility; or C. A state-licensed residential care facility. An application for an Operator's Permit will be submitted to the Chief Financial Officer and must include similar information to that of a Special Use Permit. A Group Home subject to the provisions of Chapter 5.110 that is in existence as of the effective date of the Ordinance will have 120 days to comply with the provisions. D. SUMMARY Staff recommends that the City Council approve Zoning Text Amendment No. 19-005 with findings and Municipal Code Amendment adding Chapter 5.110 (Group Homes) based on the following: • Codifies new use classifications that modernize the HBZSO • Provides appropriate regulations and permit processes to reduce operational impacts of existing and future group homes, sober living homes, and residential care facilities • Provides housing accommodations to disabled persons to reside in normalized residential environments • Promotes effective recovery for persons suffering from the effects of alcoholism or illegal use of drugs • Preserves residential neighborhood character • Consistent with General Plan goals and policies City of Huntington Beach Page 9 of 10 Printed on 7/1/2020 powered LegistarTM File #: 20-1717 MEETING DATE: 7/6/2020 Environmental Status: ZTA No. 19-005 is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the amendments to the HBZSO and HBMC will have a significant effect on the environment. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. Suggested Findings of Approval - Zoning Text Amendment No. 19-005 2. Draft Ordinance 4214 and Legislative Draft - Chapter 203 3. Draft Ordinance 4212 and Legislative Draft - Chapter 204 4. Draft Ordinance 4215 and Legislative Draft - Chapter 210 5. Draft Ordinance 4216 and Legislative Draft - Chapter 230 6. Draft Ordinance 4213 and Legislative Draft - HBMC Chapter 5.110 7. Planning Commission Staff Report dated June 9, 2020 City of Huntington Beach Page 10 of 10 Printed on 7/1/2020 powered+LegistarTM ATTACHMENT NO. 1 FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 19-005 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project is categorically exempt from the California Environmental Quality Act pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the amendment to the HBZSO will have a significant effect on the environment. FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 19-005: 1 . Zoning Text Amendment (ZTA) No. 19-005 to amend Chapter 203 (Definitions), Chapter 204 (Use Classifications), Chapter 210 (Residential Districts), and Chapter 230 (Site Standards) — Section 230.28 Group Homes of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and create Chapter 5.110 Group Homes of the Huntington Beach Municipal Code (HBMC) that together establish a set of regulations for Group Homes, Sober Living Homes, and Residential Care Facilities in Residential Districts Citywide, is consistent with the objectives, policies, general land uses and programs specified in the General Plan including: Land Use Element Policy LU-2 (D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Policy LU-4 (A): Encourage a mix of residential types to accommodate people with diverse housing needs. Housing Element Goal H-1: Maintain and enhance the quality and affordability of existing housing in Huntington Beach. Policy H-1.1: Preserve the character, scale, and quality of established residential neighborhoods. Policy H-5.1: Continue to enforce fair housing laws prohibiting arbitrary discrimination in the building, financing, sales, or rental of housing on the basis of race, religion, family status, national origin, physically (sic) disability or other factors. Attachment No. 1.1 105 Policy H-5.3: Support the provision of permanent, affordable, and accessible housing that allows persons with disabilities to live independent lives. Provide assistance to residents making accessibility improvements to their homes. The ZTA will provide the City appropriate regulations to reduce impacts of existing and future group homes, sober living homes, and residential care facilities thereby preserving the residential neighborhood character of the communities in which they operate. Further, the ZTA promotes effective recovery for disabled persons, including those suffering from the effects of alcoholism or illegal use of drugs, by providing housing accommodations in normalized residential environments. 2. In the case of a general land use provision, ZTA No. 19-005 is compatible with the uses authorized in, and the standards prescribed for the zoning district for which it is proposed because the proposed amendment will provide the regulatory framework to limit the number of people in a group home and to prevent the overconcentration of sober living homes in single- family residential neighborhoods. The regulation establishes a Special Use Permit application for group homes operating in single-family neighborhoods, and establishes reasonable operating standards on these uses to ensure that they do not generate the type of secondary impact that would be out of character for the neighborhood, while still furthering the purpose of the Fair Employment and House Act, Fair Housing Act, and Lanterman Act. 3. A community need is demonstrated for the changes proposed in that the City of Huntington Beach has experienced a rise in the number of Group Homes within single family residential neighborhoods and a rate of increase in the number of Sober Living Homes far greater when compared to other types of Group Homes. The proliferation of Sober Living Homes in the City has resulted in a substantial increase in complaints received by neighbors and community members regarding the operation of these uses. The proposed ZTA No. 19-005 seeks to strike an appropriate balance between the interests of the City and its residents to preserve residential neighborhood character, and the need to provide housing accommodations to disabled persons, including those in recovery, to reside in normalized residential environments that promote effective recovery. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because ZTA No. 19-005 ensures the HBZSO is clear, current, consistently adapting to the City's obligation to make reasonable accommodation in its zoning laws when such accommodation is reasonably necessary to afford the disabled the opportunity to use and enjoy a dwelling. The ZTA is also reflective of the City's ongoing effort to preserve the quality of its residential neighborhoods. Attachment No. 1.2 106 ORDINANCE NO. 4214 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON AC AMENDING CHAPTER 203 OF THE HUNTINGTON BEACH ZONING D SUBDIVISION ORDINANCE TITLED DEFINTIONS (ZONING TEXT AMENDMENT NO. 19-005) THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAK THE FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF IS ORDINANCE: WHEREAS, under the California Constitution, Article Xl, Se on 7, the City has been granted broad police powers to preserve the residential characteristi s of its RL, RHM, RH and RMP residential zones; and the residential portion of its Specific ans, which powers have been recognized by both the California Supreme Court and United S tes Supreme Court, the latter of which has stated that, "It is within the power of the legislatur to determine that the community should be beautiful as well as healthy, spacious as well as c an, well-balanced as well as carefully patrolled"; and The Federal Fair Housing Act ("FHA") and t California Fair Employment Housing Act ("FEHA")prohibit enforcement of business regula ' n facially or effectively discriminate against equal housing opportunities for the disabled; and A core purpose of the FHA and FEH is to provide a broader range of housing opportunities to the disabled; to free the dis led, to the extent possible, from institutional style living; and to ensure that disabled persons ay live in a similar fashion as non-disabled persons live in residential neighborhoods; and To fulfill this purpose,the F and FEHA also require that the City provide reasonable accommodations to its zoning ordi ances if such accommodation is necessary to afford a disabled person an equal oppo ity to use and enjoy a dwelling; and Any facility which pr ides non-medical alcoholism or drug abuse recovery, treatment, or detoxification services st obtain a license from the California Department of Alcohol and Drug Programs ("ADP"). ealth& Safety Code section 11834.30 provides that no person"shall operate, establish, mana e, conduct, or maintain an alcoholism or drug abuse recovery or treatment facility to pr vide recovery, treatment, or detoxification services"with the State without first obtaini an ADP license; and State law as preempted local regulation.of ADP-licensed facilities, and requires that all California citie must permit in all residential zones pursuant to ADP-licensed facilities with six or fewer resid nts pursuant to Health and Safety Code Sections 11834.20 and 11834.23; and A roup Home is residential facility that is being used as a supportive living environment for perso s who are considered disabled under State or Federal law. Persons recovering from drug /or alcohol addiction are considered disabled for the purposes of the FEHA and the Fede 1 Americans with Disabilities Act ("ADA"); and 20-8649/231102 1 293 A Sober Living Home is a Group Home for persons who are recovering from a drug and/or alcohol addiction and who are considered handicapped under FEHA or ADA; and The City of Huntington Beach has seen a sharp increase in the number of So r Living Homes, which has generated secondary impacts including, but not limited to neig orhood parking shortfalls, overcrowding, inordinate amounts of second-hand smoke, and/noise; and the clustering of Sober Living Homes in close proximity to each other creating near neighborhoods of Sober Living Homes; and As of May 2020, the City has identified approximately 177 Sober Living Homes and residential care facilities in the multi-family and single-family residential zones; and 11 The number of Sober Living Homes in the City of Huntington Beach is rapidly increasing, leading to an overconcentration of Sober Living Homes in certain of the City's residential neighborhoods, which is both deleterious to the residential character of these neighborhoods and may also lead to the institutionalizati on/of such neighborhoods; and The purpose of Sober Living Homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they have the opportunity to reside in the residential neighbor eod of their choice; and In enacting this Ordinance, the City Council of the City of Huntington Beach is attempting to strike a balance between the C/ity's and residents' interests of preserving the characteristics of residential neighborhoods and to provide opportunities for the disabled to reside in such neighborhoods that are e oyed by the non-disabled; and 7.j Because of their extremely transient populations, above-normal numbers of individuals/adults residing in a single dwelling and the lack of regulations, Sober Living Homes present problems not typically associated with more traditional residential uses, including but not limited to: the housing of large numbers of unrelated adults who may or may not be supervised; disproportionate numbers o cars associated with a single housing unit, which causes disproportionate traffic a utilization of on-street parking; excessive noise and outdoor smoking, which interfer s with the use and enjoyment of neighbors' use of their property; neighbors who have 1' le to no idea who does and does not reside in the home; little to no participation in co unity activities that form and strengthen neighborhood cohesion; disproportional i acts from the average dwelling unit to nearly all public services including sewer, water,pa s, libraries, transportation infrastructure, fire and police; a history of congregating i the same general area; and the potential influx of individuals with a criminal record; and using inordinately large numbers of unrelated adults in a single dwelling or congre ting Sober Living Homes in close proximity to each other does not provide the disabled with opportunity to "live in normal residential surroundings,"but rather places them into livi g environments bearing more in common with the types of institutional dormitory living that t FEHA and FHA were designed to avoid for the disabled, and which no reasonable person ould contend provides a normal residential surrounding; and /20-8649/231102 2 294 Notwithstanding the above, the City Council recognizes that while not in character with residential neighborhoods, responsibly operated Sober Living Homes, and Group Homes including Sober Living Homes, benefit society by providing the disabled the opportunity to live in residential neighborhoods, recovery programs for individuals attempting to overcome their drug and alcohol addictions, and providing Sober Living Homes greater access to residential zones; and P Without regulation there is no means of ensuring that(i) the individuals entering into Sober Living Homes are disabled individuals and entitled to reasonable accommodation under local and state law; (ii) the Sober Living Home is operated professionally to minimize impacts to the surrounding neighborhood; and (iii) the secondary impacts from over concentration of Sober Living Homes and Group Homes in a neighborhood and large`numbers of unrelated adults residing in a single facility are lessened; and P At least some operators of Sober Living Homes and Group Homes are driven more by profit rather than intent to provide recovering addicts a realistic potential of sobriety, or a living 11 environment resembling the manner in which the non-disabled use and enjoy a dwelling; and The residents of Sober Living Homes and Group Homes come to the City from all parts of the country and often lack established ties to the�community and a local support system independent of the Sober Living Home or Group Home; and consequently the residents are especially vulnerable to becoming homeless upon eviction; and Is the intent of this Ordinance to require that operators of Group and Sober Living Homes provide the residents information regarding the available local housing resources prior to eviction from a Sober Living Home or group Home; and Pursuant to the California State Planning and Zoning Law,the Huntington Beach Planning Commission and Huntington Bea, City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 19-005, which amends Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance relating to updated, clarified, and additional definitions utilized within the ZSO. f After due consideration of the findings and recommendations of the Planning Commission and all other evidence/presented, the City Council finds that the aforesaid amendment is proper and consistent with e General Plan; NOW,T, REFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SE/ ION 1. That Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinanc titled Definitions is hereby amended. SECTION 2. All other provisions of Chapter 203 not modified herein shall remain in full fore and effect. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. 20-8649/231102 3 295 PASSED AND ADOPTED by the City Council of the City of Iluntington Beach at a regular meeting thereof held on the day of , 2020. Mayor ATTEST: APPROVED AS TO FORM: 0 City Clerk City Attorney MAI REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Director of Co unity Development s1 f od f^; r f i d f� /f j 1 f +f� 1� Y /2C-8649/231102 4 296 Chapter 203 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 m$a tying or construction. (4037-12/14,4176-3/19) 203.04 Rules for Construction of Language In addition to the General Provisions Chapter 1.04 of the Municipal Code,the Io]lowing rules of construction shall apply: A. The particular shall control the general. B. Unless the context clearly indicates the contrary,the follo /g conjunctions shall be interpreted as follows: 1. "And"indicates that all connected words or pro sions shall apply. 2. "Or" indicates that the connected words or pr visions 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 connecte words or provisions may apply singly or in any combination. C. In case of conflict between the text d a diagram,the text shall control. D. All references to departments, co Zissions,boards, or other public agencies are to those of the City of Huntington Beach, unless othh ise indicated. E. All references to public officials are to those of the City of Huntington Beach, and include designated deputies of such offi gals, unless otherwise indicated.' F. All references to days ar to calendar days unless otherwise indicated. If a deadline falls on a weekend or City holiday, it /hall be extended to the next working day. G. Chapter and sectiorvheadings contained herein shall not be deemed to govern, limit, modify or in any manner affectYtescope, meaning or intent of any section hereof. H. The words "activities" and"facilities" include any part thereof. (4037-12/14, 4176-3/19) 203.06 Definition e Abutting. Havi district boundaries or lot lines or combinations thereof in common. Access,Later 1. Public access along the coast. Access,Ve 'cal.Public access from the nearest public roadway to the shoreline. Alley.A ublic or private way having an ultimate width of not less than 20 feet permanently reserved primar' for vehicular service access to the rear or side of properties otherwise abutting on a street. Alte .To make a change in the exterior appearance or the supporting members of a structure, such as be ring walls, columns,beams, or girders that will prolong the life of the structure. 297 Amendment.A change in the wording, context or substance of this ordinance, or a change in t district boundaries on the zoning map. Animal,Exotic.Any wild animal not customarily confined or cultivated by man for dour tic or commercial purposes but kept as a pet or for display. Animal,Large. An animal larger than the largest breed of dogs. This term includes orses, cows, and other mammals customarily kept in corrals or stables. Animal, Small.An animal no larger than the largest breed of dogs. This term ' cludes fish,birds, and mammals customarily kept in kennels. Antenna. Any structure, including but not limited to a monopole,tower, arabolic and/or disk shaped device in single or multiple combinations of either solid or mesh const ction, intended for the purposes of receiving or transmitting communications to or from another ante a, device or orbiting satellite, as well as all supporting equipment necessary to install or mount the ntenna. Antenna,Amateur Radio.An antenna array and its associate support structure, such as a mast or tower that is used for the purpose of transmitting and receiving rad' signals in conjunction with an amateur station licensed by the Federal Communications Commiss' n. Antenna, Communication.All types of receiving and ansmitting antenna, except satellite dish antenna, including but not limited to cable television antenna, ireless communication antenna,FM digital communication antenna, microwave telephone co unication antenna, amateur radio antenna,and short- wave communication antenna and other similar a enna. Antenna Height.The distance from the prope 's grade to the highest point of the antenna and its associated support structure when fully extern ed. Antenna, Satellite Dish.An antenna for e 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 . s base. Approach-Departure Path. The/flight track of the helicopter as it approaches or departs from a designated takeoff and landin area, including a heliport, helipad, or helistop. Architectural Projections r Appurtenances.Features on a building which provide visual variation and/or relief but do not s ve as interior or exterior living or working space. Area,Net Lot. The to 1 horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or eas ents which physically prohibit the surface use of that portion of the property for other than vehicul ingress and egress. 298 Street .:�.r.57 Area tobe dedicoted the acre: a 3���. S i. 100 1001 Lot Area Arterial. Any street,highway or road designated as an arterial street in the General Plan. Assisted Living Facility. Establishments licensed by the/State of California providing care on a 24-hour basis for persons requiring personalized supportive services and health related care,but excluding facilities providing surgical or emergency medical 8/ervices. This includes State licensed establishments that provide a continuum of care for residents ranging from assistance with daily activities to memory care. Attached Structures. Two or more structu/esharing a common wall or roof. Balcony.A platform that projects fromhe wall of a building, typically above the first level, and is surrounded by a rail balustrade or parr et. Basement. A story partly undergry nd and having at least one-half of its height above the average adjoining grade. A basement shy l be considered as a story if the vertical distance from the average adjoining grade to the ceiling///over four feet. Roof S =d StDry First Story If this bm raatcciling is EnnisZed _ _ — more than 4T1. Irolln re - l s rr� rtil rage ad�a-tinin nished L grade}the 6cment is considered a stare. °J Basement Bay Window.A window that projects out from an exterior wall. 299 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%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 interse ing or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land,watercourse, or City boundary. FIT Blockface Boarding House.A residence or dwelling,other than a hotel or convalescent facility. where not more than five guest rooms are rented for more than 30 days under three or more separate written or oral rental agreements, leases, or subleases or combination thereof whether or not the owner, agent, or rental manager resides within the residence and lodging andmeals are provided for no more than 10 persons.A building with not fner-e than five guestf—e—em... pef sons, but shay. et ^bade rest he ��� �'.� �t' � Guest rooms numbering six or over shall be considered a hotel. Building. Any structure having a roof sup orted by columns or walls for the housing or enclosure of persons, animals, chattels, or property Of Try kind. Caretaker's Quarters. A dwelling u ftt on the site of a commercial, industrial,public, or semipublic use, occupied by a guard or caretaker. Carport. A permanent roofed accessory structure with not more than two enclosed sides intended for vehicle storage. /On-motorized �' Cart/Kiosk. Any portable,i unit used by a vendor as described in Section 230.94. City. The City of Huntin on 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. r• 300 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 P ,ortion 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 c ude, 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 pre sc gibed 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. I/ Court.An outdoor, unenclosed area intended to provide light, air, and�p ivacy for individual dwelling units in multifamily 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. This also includes,the square footage of all building projections a into yards or courts containing habitable floor area. Deck.A platform, either free-standing or attached to a'building,but without a roof,that is supported by pillars,posts, or walls (see also Balcony). Demolition. The deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or otherwise. Density Bonus.An increase in the proposed number of units of 25% or greater over the number permitted pursuant to the current zoning//,and General Plan designation on the property. Director.The Director of Community'bevelopment or designee. Disabled.As more specifically defined under the Fair Housing Laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a DersonJwho has a record of that type of impairment, not including current illegal use of a controlled substanc . Distribution Line.An e ctric 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 a governed by this ordinance.The zoning ordinance establishes "base zoning districts"for resi ntial, commercial, industrial, public and open space uses, and"overlay districts," which modify base district provisions and standards. Drilling.TIe 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 substan6e into the earth. 301 Dwelling,Accessory Unit.A fully equipped dwelling unit which is ancillary and subordinate to a principal dwelling unit located on the same lot in the RL zone.Also known as second dwelling u ' or "granny unit." Dwelling,Multiple Unit.A building or buildings designed with two or more dwelling unit//. 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-f in dwellings shall be considered as multifamily. Dwelling, Studio Unit. A dwelling unit consisting of one kitchen, one bathroom; and one 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 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 acces's to all living, kitchen, and bathroom areas. ,r Emergency Shelter.Housing with minimal supportive services`for homeless persons that is limited to occupancy of six months or less by a homeless person.No individual or household may be denied emergency shelter because of an inability to pay. 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. f Environmental Impact Report(EIR).A report teomplying 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 3 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. Fair Housing Laws. The Federal Fair Housing Act. the Americans with Disabilities Act, and the California Fair Employment and Housing Act,as each statute may be amended from time to time and each statute's implementing regulations. 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 acco>fnt economic, environmental, social, and technological factors. Floor Area,�_ross. 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, elevator 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,AreaRatio (FAR).Determined by dividing the gross floor area of all buildings on a lot by the area of that lot. i i J 302 he'1R of,I XI �9 AR of L'.5 �r Floor Area Ratio(FAR) f�. Frontage. The linear length of a building which contains a public entrance or a lot measured along the property line adjacent to a street or easement. Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. General Plan.The City of Huntington BeachGeneral Plan. Grade,Existing. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project/regulated by this ordinance. Grade, Street. The top of the curbs the top of the edge of the pavement or traveled way where no curb exists. f 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 landi-rig 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. Hotel Owner/Operator.The entity that owns and operates a hotel. If the hotel operator is separate from the hotel,o'wner both are jointly and severally responsible for ensuring compliance with the requirements described in this LCP and/or recorded against the property, as well as jointly and severally liable for r' violations of said requirements and restrictions. Household.All the people occupying a dwelling unit, and includes people who live in different units governed by the same Operator. 303 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. Infill Lot Development.A lot contiguous to one or more existing single-family residential units, excluding parcels separated by streets, a vacant parcel intended for single-family development, or a parcel with an existing residential structure,which will have 50% or more square footage"of habitable area removed in order to remodel or construct a detached single-family unit. Integral Facilities.Any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land,that are under the control and management of the same owner operator, management company, or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as Integral Facilities and shall be considered one facility for purposes of applying federal, state, and local laws to its operation. Examples of such Integral Facilities include but are not limited to, the provision of housing in one facility and recovery programming, treatment meals or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide,services to the same program participants in more than one licensed or unlicensed facility. Integral Uses Any two or more residential care programs commonly administered by the same owner. operator, management company, or licensee, or any'affiliate of any of them, in a manner in which participants in two or more care programs particibate simultaneously in any care or recovery activity or activities so commonly administered.Any such17 integral use shall be considered one use for purooses of applying federal, state, and local laws to its operation. Junk Yard. The use of a lot, or contiguous lots, or any portion thereof for the storage of junk, including 11 scrap metal, or other scrap materials, and/or for the dismantling or wrecking of automobiles or other 11 vehicles or machinery. '' Kennel.Any premises where four.6r more dogs or cats at least four months of age are kept or maintained for any purpose except veterinary clinics and hospitals.For purposes of this section, a detached single- family residence with a maximum of four dogs shall not be considered a kennel when at least one of the dogs is a specially-trained guide dog, signal dog or service dog, as defined in Penal Code Section 365.5, and complies with Section,1.12.160 of the Huntington Beach Municipal Code. 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. Ari 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. i 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 l i 304 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 r,. r Interior Landscape Interi'of Landscape t ii--1--t I I I I I ITFL Interior Landscape Landscaping: Perimeter Interior Limited Use Overnight Visitor Accommodations.Any hotel,motel, or other similar facility that provides overnight visitor accommodations wherein a purchaser receives the right in perpetuity, for life, or a term of years, to the recurrent, exclusive"use or occupancy of a lot, parcel,unit,room(s), or segment of the facility, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the facility has been divided and shall include, but not be limited to Timeshare, Condominium-Hotel, Fractional Ownership Hotel, or uses of a similar nature. 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. i i` i 305 SiTlIEET ltevemed COM. er Lot late r leateew Intenor cx Y Lot Lot Wt Lot Through: Lot 11 l ra x 1=lag Inteeigr Interior Come( List 1' t Lot. Lot L t Revemed Corner STREFr GOT TYPES PES Lot, Corner.A site bounded by two or more adjacent streelines that have an angle of intersection of not more than 135 degrees. Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line here 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,Front.The street pry p rty line adjacent to the front yard. Lot or Property Line,Interior.A lot line/not abutting a street. " Lot or Property Line,Rear.A lot lin/Znot 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 tond at the maximum possible distance from the front lot line, shall be deemed the rear lot line. ,/ 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. r° 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 J lot depth at,midpoints 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. I I 306 Front.Lot Line j FnI mit Lot Line 7-j Lot Width f.: Lower Income Household.A household whose annual income is-at or below 80% of Orange County median income as defined by the State of California Department of Housing and Community Development. Manufactured Home.A structure transportable in sections which is a minimum of eight 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 mobile home. Mezzanine.An intermediate floor within a room containing not more than 33% of the floor area of the room. I Cw'l x-Y nine. Tm:txamu 3 pemcnt of floor a be loxva I+1vor WOW `r f Mezzanine s� Moderate nc me Household.A household whose annual income is at or below 120% 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. r i 307 Negative Declaration.A written statement briefly describing the reasons that a proposed project ill not have a significant.impact on the environment which meets the requirements of the California Environmental Quality Act. Neighborhood Notification.Notification process pursuant to Chapter 241 when no entitlements are required and the use requires such notification as stated in the Zoning and Subdivis'on;Ordinance. 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. ✓ f' Nonconforming Structure.A structure that was lawfully erected but which does not conform with the J 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. i 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 ofifhe 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 locationywhere 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 if the dwelling unit and their guests. Open Space,Total. The sum of private and common open space. Open Space,Usable. Outdo r or unenclosed area on the ground, or on a balcony, deck,porch or terrace designed and accessible fo/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 w' h a dimension of less than six feet in any direction or an area of less than 60 square feet. I 1 f 308 Yg7151 imIn min IQ ft. } `d Patio E TerniC�C } Balcony e'dk'S[M1E•�':�ref privulc Opera Space Private Opal.Space Common Oipcn.Srmc- Usable Open Space Operator.A company, business, or individual who provides residential services, (i.e.,the nlacement of individuals in a residence), setting of house rules, and governing behavior of the occupants as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management and leasing of the property and that does not otherwise meet the definition of Operator. Oversize Vehicle.Any vehicle which exceeds 25,feet in length, seven in width, seven in height, or a weight of 10,000 pounds,motorized or non-motorized. Oversize vehicle also includes any equipment or machinery regardless of size. Parking Structure.A structure used for perking of 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 oes not require approval of a conditional use permit or temporary use permit. 1 Planned Unit Developmeny(PUD).A large scale development of a parcel or of a combination of related parcels to be developed ba single owner or group of owners acting jointly, involving a related group of uses, planned as an entity and having a predominant developmental feature which serves to unify or organize development.. Porch. An open or covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed`gallery or room,which is not heated or cooled,that is attached to the outside of a building. Private Property.Property owned in fee by an individual, corporation, partnership, or a group of individ als 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. ublic Property. Property dedicated through acquisition or easement for public use which includes but is not limited to streets, alleys,parks,public rights-of-way, and sidewalks. 309 Qualifying Senior Resident.A person who is 62 years of age or older. (Section 51.2 of the California Civil Code.) Remodel. The upgrade of the interior or exterior faces of a building or structure without altering any degree the structural integrity. Residential Infill Lot.A residential infill lot is a parcel of land which, at the time of appli tion for a building permit, is contiguous to one or more existing developed single-family resident' properties and is: 1. A vacant parcel intended for detached single-family development Zr 2. A parcel with an existing residential structure which will hav/50% or more square footage of the habitable area removed in order to construct a rem°•deled or new multistory detached single-family dwelling unit. / Resource Protection Area. Within the coastal zone, any area that consists of any of the following: wetlands, Environmentally Sensitive Habitat Areas,buffer areas (asAhese terms are defined in the Glossary of the City's certified Land Use Plan), and/or land that is zoned Coastal Conservation. Room,Habitable.A room meeting the requirements of the Uniform Building Code for sleeping, living, cooking, or dining purposes, excluding such enclosed placeas closets, pantries,bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar spaces. I Senior Housing.Housing for a family in which at last one person per unit is 60 years old or older, or for a single person who is 60 years old or older. f' 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:All setbacks along streets and alleys shall be measured from the ultimate right-of-way. Significant Disruption.Having a substantial adverse effect upon the functional capacity. Ingle Housekeeping Unit. The occupants of a dwelling unit that have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, and expenses and responsibilities. Membership in the single housekeeping unit is fairly stable as opposed to transient members have some control over who becomes a member of the household and the residential activities of the household:are conducted on a non-profit basis. There is a rebuttal presumption that integral facilities are not.-single housekeeping units.Evidence that a household is not operating as a single housekeeping unit include but are not limited to: the occupants do not share a lease agreement or ownership of the property,members of the household have separate, private entrances from other members; members°of the household have locks on their bedroom doors: members of the household have separate food storage facilities, such as separate refri era tors. Single Ownership.Holding record title, possession under a contract to purchase, or possession under a lease,by a person, firm, corporation, or partnership, individually,jointly, in common, or in any other manner where the property is or will be under unitary or unified control. Site.A lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or City limit, that..is proposed for development in accord with the provisions of this ordinance, and is in a single ownership or has multiple owners, all of whom join in an application for development. Specific Event.A short-term temporary use of public property as defined in Section 5.68.010. 310 Specific Plan.A plan for a defined geographic area that is consistent with the General Plan. Stock Cooperative.A corporation formed for the primary purpose of holding title to, either in fee si e 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 f the floor or finished undersurface of the roof directly above it. 7 Street.A public or an approved private thoroughfare or road easement which affords he principle means of access to abutting property, not including an alley. Structure.Anything constructed or erected that requires a location on the ground, excluding patios, walks, access drives, or similar paved areas. ✓,/ Structure,Accessory.A structure that is appropriate, subordinate and customarily incidental to the main structure of the site and which is located on the same site as the main structure, including swimming pools, garages, gazebos and patio covers. Structure,Minor Accessory.An accessory structure that does not exceed 64 square feet in floor area, 80 square feet in roof area and a height of six feet, including storagg'sheds, pet shelters; playhouses, and decorative elements. ✓ Supportive Housing. Housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents to retain the housing, improving his or her health status, and maximizing his or her ability to live/aind, when possible,work in the community. On- site and off-site services may include,but are not lirrnited to, after-school tutoring, child care, and career counseling. t Takeoff and Landing Area. That area of the helicopter facility where the helicopter actually lands and takes off. Target Population.Persons with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act(Division 4.5 commencing with Section 4500 of the Welfare and lg&itutions Code)and may include, among other populations, adults, families, families with children,/elderly persons,young adults aging out of the foster care system, individuals exiting from instit"lional settings,veterans,or homeless people. Transitional Housing.Buii things configured as rental housing developments, but operated under program requirements that call for.tl�e termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. / Transmission Line An electric power line bringing power to a receiving or distribution substation. t Ultimate Right-of--Way. The adopted maximum width for any street, alley, or thoroughfare, as established by the General Plan, by a precise plan of street, alley, or private street alignment; by a recorded map; or by a standard plan of the Department of Public Works. Such thoroughfare shall include any adjacent public easement used as a walkway and/or utility easement. i 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. 311 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. Vehicle Storage.The business of storing or safekeeping of operative and inoperative vehi l s for periods of time greater than a 24 hour period. Very Low Income Household.A household whose annual income is at or below 50%`of Orange County median income as defined by the State of California Department of Housing and Community Development. A 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.Arwetbar 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 ofAitchen facility, it shall be deemed a separate kitchen. Wetland. Lands within the coastal zone which may be 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% 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 reap,/ard 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. i� l I� i / 312 REAR YARD $Mal rFRAM#YARD 6 ES_ k 57RE � FRONT YARO STREET FElS;AfO YARD STRUT MONT'tA 0 CORNER LOT EXAMPLES ' ... YARDpaa at'waaa } ! 'w MA o FWY Y 7 swu f t%w gun V F.Mm°d'o INTERIOR LOT E)ta4MPLES/ W&Y a s�+ D ; e a"'5' MGM) MUM z . VEEP COTES FRONI YAW F :7 SMYAW .. 00, -SHAPED LOT EXAMPLES. RE UIRED YARDS Zoning Ordinance. The Zoning Ordinance of the City of Huntington Beach. (3248-6/95, 3301-11/95, 3334-6/97; 3482-12/00, 3520-2/02; 3568-9/02, 3705-6/05, 3756-1/07, 3774-10/07(certified by the California Coastal Commissio�/10/07), 3856-2/10, 3903-11/10, 3909-4/11, 4037-12/14,4089-10/16, 4132-5/18, 4176-3/19) i 313 ORDINANCE NO. 4212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON EACH AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONIN AND SUBDIVISION ORDINANCE TITLED USE CLASSIFICATIO (ZONING TEXT AMENDMENT NO. 19-005) THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH S THE FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF HIS ORDINANCE: WHEREAS, under the California Constitution, Article XI, ction 7, the City has been granted broad police powers to preserve the residential characteri ics of its RL, RHM, RH and RMP residential zones; and the residential portion of its Specif Plans, which powers have been recognized by both the California Supreme Court and United tates Supreme Court, the latter of which has stated that, "It is within the power of the legislat e to determine that the community should be beautiful as well as healthy, spacious as well a clean, well-balanced as well as carefully patrolled"; and The Federal Fair Housing Act ("FHA") and e California Fair Employment Housing Act ("FEHA")prohibit enforcement of business regu tion facially or effectively discriminate against equal housing opportunities for the disabled; a A core purpose of the FHA and FE A is to provide a broader range of housing opportunities to the disabled; to free the d' abled, to the extent possible, from institutional style living; and to ensure that disabled perso s may live in a similar fashion as non-disabled persons live in residential neighborhoods; and To fulfill this purpose, the and FEHA also require that the City provide reasonable accommodations to its zoning or finances if such accommodation is necessary to afford a disabled person an equal oppo ity to use and enjoy a dwelling; and Any facility which p ovides non-medical alcoholism or drug abuse recovery, treatment, or detoxification services ust obtain a license from the California Department of Alcohol and Drug Programs ("ADP") Health& Safety Code section 11834.30 provides that no person "shall operate, establish, in ge, conduct, or maintain an alcoholism or drug abuse recovery or treatment facility to ovide recovery, treatment, or detoxification services" with the State without first obtai . g an ADP license; and State law as preempted local regulation of ADP-licensed facilities, and requires that all California citi must permit in all residential zones pursuant to ADP-licensed facilities with six or fewer resi ents pursuant to Health and Safety Code Sections 11834.20 and 11834.23; and A roup Home is residential facility that is being used as a supportive living environment for pers s who are considered disabled under State or Federal law. Persons recovering from drug d/or alcohol addiction are considered disabled for the purposes of the FEHA and the Fed al Americans with Disabilities Act("ADA"); and 20-8649/231104 1 314 A Sober Living Home is a Group Home for persons who are recovering from a dru and/or alcohol addiction and who are considered handicapped under FEHA or ADA; an The City of Huntington Beach has seen a sharp increase in the number of So er Living Homes, which has generated secondary impacts including, but not limited to nei orhood parking shortfalls, overcrowding, inordinate amounts of second-hand smoke, a noise; and the clustering of Sober Living Homes in close proximity to each other creating ar neighborhoods of Sober Living Homes; and As of May 2020, the City has identified approximately 177 So r Living Homes and residential care facilities in the multi-family and single-family resid tial zones; and The number of Sober Living Homes in the City of Hunti on Beach is rapidly increasing, leading to an overconcentration of Sober Living H mes in certain of the City's residential neighborhoods, which is both deleterious to the r sidential character of these neighborhoods and may also lead to the institutionalizatio of such neighborhoods; and The purpose of Sober Living Homes is to prov' e a comfortable living environment for persons with drug or alcohol addictions in which th remain clean and sober and can participate in a recovery program in a residential, community nvironment, and so that they have the opportunity to reside in the residential neighbor od of their choice; and In enacting this Ordinance, the City ouncil of the City of Huntington Beach is attempting to strike a balance between the ity's and residents' interests of preserving the characteristics of residential neighborho s and to provide opportunities for the disabled to reside in such neighborhoods that are e joyed by the non-disabled; and Because of their extremely ansient populations, above-normal numbers of individuals/adults residing in a si gle dwelling and the lack of regulations, Sober Living Homes present problems not typically sociated with more traditional residential uses, including but not limited to: the housing of larg numbers of unrelated adults who may or may not be supervised; disproportionate numbers o cars associated with a single housing unit, which causes disproportionate traffic an utilization of on-street parking; excessive noise and outdoor smoking, which interfer with the use and enjoyment of neighbors' use of their property; neighbors who have li e to no idea who does and does not reside in the home; little to no participation in co ity activities that form and strengthen neighborhood cohesion; disproportional im cts from the average dwelling unit to nearly all public services including sewer, water,par , libraries, transportation infrastructure, fire and police; a history of congregating in e same general area; and the potential influx of individuals with a criminal record; and Ho sing inordinately large numbers of unrelated adults in a single dwelling or congreg ing Sober Living Homes in close proximity to each other does not provide the disabled with a opportunity to "live in normal residential surroundings," but rather places them into livin environments bearing more in common with the types of institutional dormitory living that the EHA and FHA were designed to avoid for the disabled, and which no reasonable person c uld contend provides a normal residential surrounding; and 20-8649/231104 2 315 Notwithstanding the above, the City Council recognizes that while not in character wit residential neighborhoods, responsibly operated Sober Living Homes, and Group Homes, including Sober Living Homes, benefit society by providing the disabled the opportunity live in residential neighborhoods, recovery programs for individuals attempting to overcom eir drug and alcohol addictions, and providing Sober Living Homes greater access to res" ential zones; and Without regulation there is no means of ensuring that(i) the individual ntering into Sober Living Homes are disabled individuals and entitled to reasonable acco odation under local and state law; (ii) the Sober Living Home is operated professionally minimize impacts to the surrounding neighborhood; and (iii) the secondary impacts from er concentration of Sober Living Homes and Group Homes in a neighborhood and large tubers of unrelated adults residing in a single facility are lessened; and At least some operators of Sober Living Homes and Gro Homes are driven more by profit rather than intent to provide recovering addicts a realisti potential of sobriety, or a living environment resembling the manner in which the non-disab d use and enjoy a dwelling; and The residents of Sober Living Homes and Group omes come to the City from all parts of the country and often lack established ties to the co unity and a local support system independent of the Sober Living Home or Group Ho e; and consequently the residents are especially vulnerable to becoming homeless upon iction; and Is the intent of this Ordinance to requir hat operators of Group and Sober Living Homes provide the residents information regarding t available local housing resources prior to eviction from a Sober Living Home or Gro Home; and Pursuant to the California State P anning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach C' y Council have held separate, duly noticed public hearings to consider Zoning Text Amendme No. 19-005, which amends Chapter 204 of the Huntington Beach Zoning and Subdivision rdinance relating to updated, clarified, and additional use classifications utilized within the SO. After due consideratio of the fmdings and recommendations of the Planning Commission and all other evidence pres ted, the City Council finds that the aforesaid amendment is proper and consistent with the G eral Plan; NOW,THERE ORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTIO 1. That Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance title se Classifications is hereby amended. SEC ON 2. All other provisions of Chapter 204 not modified herein shall remain in full force and feet. ECTION 3. This ordinance shall become effective immediately 30 days after its adoption. 20- 449/231104 3 316 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2020. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED A APPROVED: City Manager Director f Community Development /20-8649/231104 4 317 Chapter 204 USE CLASSIFICATIONS 204.02 Applicability Use classifications describe one or more uses having similar characteristics,but do not list every e or activity that may appropriately be within the classification. The director shall determine wheth a specific use shall be deemed to be within one or more use classifications or not within any c ssification in this title. The director may determine that a specific use shall not be deemed to be wit ' a classification, if its characteristics are substantially different than those typical of uses amed within the classification. The director's decision maybe appealed to the Planning Commission 3334-6/97, 4175- 3/19, 4183-10/19) 204.04 Uses Not Classified Any new use, or any use that cannot be clearly determined to be in an e isting use classification,may be incorporated into the zoning provisions by a Zoning and Subdivision rdinance text amendment, as provided in Chapter 247. Such an incorporation shall not be effect' e unless certified by the Coastal Commission as a Local Coastal Program amendment. (3334-6/9 , 4175-3/19, 4183-10/19) 204.06 Residential Use Classifications A. Day Care,Limited (or Small-Family).No edical care and supervision of six or fewer persons, or eight or fewer persons if two of the rsons'are six years of age or older, on a less than 24-hour basis. Children under the age of 10 y rs who reside in the home shall be counted for purposes of these limits. This classification ' cludes nursery schools,preschools, and day-care centers for children and adults. B. Group Home.A facility that is b ing used as a supportive living environment for persons who are considered disabled under State Federal law. A Group Home operated by a single operator or service provider whether licensed r unlicensed constitutes a single facility, whether the facility occupies one 1 or more dwellindunits. Group homes shall not include the followin 1 residential care facilities 2 a unit operating as a single housekeeping unit. C. Group Residential. S ared living quarters without separate kitchen or bathroom facilities for each room or unit. This cl4 sification includes boarding houses,but excludes residential hotels or motels, and Group Homes. D. Multifamily Residential. Two or more dwelling units on a site. This classification includes manufactured homy . E. Referral Fcility. A Residential Care Facility. Group Home. or Sober Living Home where one or more person's residency in the facility is pursuant to a court order or directive from an a-_ency in the/criminal justice system. F. Residential Care Facility. A residential facility licensed by the State where care, services, or treatment is provided to persons living in a supportive community residential setting. Residential care facilities include,but may not be limited to,the following: intermediate care facilities for the devOopmentally disabled(Health& Safety Code SS 1267.8, 1267.9): community care facilities (Health& Safety Code & 1500 et seg.); residential care facilities for the elderly(Health& Safety Code_§ 1569 et seal:residential care facilities for the chronically ill(22 C.C.R. � 318 87801(a)(5): Health& Safety Code & 1568.021: alcoholism and drug abuse facilities (Health& Safety Code && 11834.02-11834.30); pediatric day health and respite care facilities (Health& Safety Code § 1760 et seg.); residential health care facilities including congregate living health facilities Health & Safety Code §§ 1265-1271.1 1250(i), 1250 e h • family care homeAster home group home for the mentally disordered or otherwise disabled persons or de enden nd neglected children(Wel. &Inst. Code && 5 1 1 5-5 1201. Residential Gare, Limited. T-wenly fo�hetif non medieal eare for-six or- r-per-sens in need of living. This elassifieation ineludes only these sen4ees and by the Sta4 Galifefoia. G. Single-Family Residential. Buildings containing one dwe11i• g unit located on a single lot. This classification includes manufactured homes. / H. Sober Living Home. A Group Home for personswho arer QcQvering from a drug and/or alcohol addiction and who are considered disabled under State or Federal law. SoberLivinp Homes shall not include the following: 1 residential care facilities 2)Pny unit operating as a single housekee in unit. I. Supportive Housing. Housing with no limit /Iength of stay that is occupied by the target population and is linked to on-site or off-site se7ices that assist residents to retain the housing, improving his or her health status, and maxim7ing his or her ability to live and,when possible, work in the community. On-site and off-site ervices may include, but are not limited to, after- school tutoring, child care, and career co -seling. Supportive housing uses are subject only to those restrictions and processing requirement that apply to other residential dwellings of the same type in the same zone. J. Transitional Housing. Tempo ary housing(generally six months to two years) for a homeless individual or family who is trans' Toning to permanent housing. This type of housing includes multi- family unit developments and en includes a supportive services component to allow individuals to gain necessary life skills in s pport of independent living. Transitional housing uses are subject only to those restrictions and pr cessing requirements that apply to other residential dwellings of the same type in the same z e. (3334-6/97, 3669-12/04, 3857-2/10, 4175-3/19, 4183-10/19) 204.08 Public and Se i ublic Use Classifications A. Cemetery and used or intended to be used for the burial of human remains and dedicated for cemetery pu oses. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries perated in conjunction with the cemetery,business and administrative offices, chapels, flower s Ips, and necessary maintenance facilities. B. Vlubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers. 319 C. Community and Human Service Facilities. 1. Drug Abuse Centers. Facilities offering drop-in services for persons suffering/service , abuse, including treatment and counseling without provision for on-site residence o confinement. 2. Primary Health Care. Medical services, including clinics, counseling and referto persons afflicted with bodily or mental disease or injury without provision for onresidence or confinement. 3. Emergency Kitchens. Establishments offering food for the"homeless" and oth 4. Emergency Shelters. Establishments offering food and shelter programs for' omeless" people and others in need. This classification does not include facilities licens for residential care, as defined by the State of California,which provide supervision of daid activities. 5. six per-sons Sti fing frora aleehol problems, in need of personal sef�14-16,e,-; 1;114;F4=V4Q 6. Residential Care, General. Twenty-four-hour non edical care for seven or more persons, including wards of the juvenile court,in need of pers nal services, supervision,protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the State of Califo NO FURTHER CHANGES TO ZSO CHAPTER 204 PROPOSED REMAINDER OMITTE FROM LEGISLATIVE DRAFT 320 ORDINANCE NO. 4215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUN/ORDINANCE: AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH SUBDIVISION ORDINANCE TITLED R RESIDENTIAL D (ZONING TEXT AMENDMENT NO. 19-005) THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MA FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF T WHEREAS, under the California Constitution, Article XI, Sect 7, the City has been granted broad police powers to preserve the residential characteristics f its RL, RHM, RH and RMP residential zones; and the residential portion of its Specific PI s, which powers have been recognized by both the California Supreme Court and United Stat s Supreme Court, the latter of which has stated that, "It is within the power of the legislature determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled"; and The Federal Fair Housing Act ("FHA") and the California Fair Employment Housing Act ("FEHA") prohibit enforcement of business regulation facially or effectively discriminate against equal housing opportunities for the disabled; and A core purpose of the FHA and FEHA i to provide a broader range of housing opportunities to the disabled; to free the disa i ed, to the extent possible, from institutional style living; and to ensure that disabled persons may live in a similar fashion as non-disabled persons live in residential neighborhoods; and To fulfill this purpose, the FIA and FEHA also require that the City provide reasonable accommodations to its zoning ordinances if such accommodation is necessary to afford a disabled person an equal opportety to use and enjoy a dwelling; and Any facility which pr/ides non-medical alcoholism or drug abuse recovery, treatment, or detoxification services ust obtain a license from the California Department of Alcohol and Drug Programs ("ADP") ealth& Safety Code section 11834.30 provides that no person"shall operate, establish, manage, conduct, or maintain an alcoholism or drug abuse recovery or treatment facility to p,ovide recovery, treatment, or detoxification services"with the State without first obtain' g an ADP license; and State la as preempted local regulation of ADP-licensed facilities, and requires that all California citi�s must permit in all residential zones pursuant to ADP-licensed facilities with six or fewer residents pursuant to Health and Safety Code Sections 11834.20 and 11834.23; and roup Home is residential facility that is being used as a supportive living environment for per ns who are considered disabled under State or Federal law. Persons recovering from drug d/or alcohol addiction are considered disabled for the purposes of the FEHA and the Fe ral Americans with Disabilities Act ("ADA"); and 20-8649/231106 1 321 A Sober Living Home is a Group Home for persons who are recovering from a drug and/or alcohol addiction and who are considered handicapped under FEHA or ADA; and The City of Huntington Beach has seen a sharp increase in the number of Sober L' ing Homes, which has generated secondary impacts including, but not limited to neighbor od parking shortfalls, overcrowding, inordinate amounts of second-hand smoke, and no' e; and the clustering of Sober Living Homes in close proximity to each other creating near ghborhoods of Sober Living Homes; and As of May 2020, the City has identified approximately 177 Sober i ing Homes and residential care facilities in the multi-family and single-family residentia zones; and The number of Sober Living Homes in the City of Huntington Beach is rapidly increasing, leading to an overconcentration of Sober Living Hom� n certain of the City's ni residential neighborhoods, which is both deleterious to the rest ntial character of these neighborhoods and may also lead to the institutionalization o such neighborhoods; and The purpose of Sober Living Homes is to provide comfortable living environment for persons with drug or alcohol addiction/by they `main clean and sober and can participate in a recovery program in a residential, ty e ironment, and so that they have the opportunity to reside in the residentialo of their choice; and In enacting this Ordinance, thecil of the City of Huntington Beach is attempting to strike a balance betweens and residents' interests of preserving the characteristics of residential neighborhto provide opportunities for the disabled to reside in such neighborhoods that are the non-disabled; and Because of their extremely tr sient populations, above-normal numbers of individuals/adults residing in a sin e dwelling and the lack of regulations, Sober Living Homes present problems not typically as ciated with more traditional residential uses, including but not limited to: the housing of large umbers of unrelated adults who may or may not be supervised; disproportionate numbers of rs associated with a single housing unit, which causes disproportionate traffic and tilization of on-street parking; excessive noise and outdoor smoking, which interferes ith the use and enjoyment of neighbors' use of their property; neighbors who have litt to no idea who does and does not reside in the home; little to no participation in comm ity activities that form and strengthen neighborhood cohesion; disproportional imp is from the average dwelling unit to nearly all public services including sewer, water, park , libraries, transportation infrastructure, fire and police; a history of congregating in e same general area; and the potential influx of individuals with a criminal record; and Ho ing inordinately large numbers of unrelated adults in a single dwelling or congrega 'ng Sober Living Homes in close proximity to each other does not provide the disabled with an pportunity to "live in normal residential surroundings,"but rather places them into livin nvironments bearing more in common with the types of institutional dormitory living that the HA and FHA were designed to avoid for the disabled, and which no reasonable person co Id contend provides a normal residential surrounding; and 20-8649/231106 2 i 322 Notwithstanding the above, the City Council recognizes that w/haraein character w'residential neighborhoods, responsibly operated Sober Living Homes, up Homes,including Sober Living Homes, benefit society by providing the disablportuni to livein residential neighborhoods, recovery programs for individuals attemverc e theirdrug and alcohol addictions, and providing Sober Living Homes great to sidentialzones; and Without regulation there is no means of ensuring that (i)the in entering intoSober Living Homes are disabled individuals and entitled to reasonablmodation underlocal and state law; (ii) the Sober Living Home is operated professioninimize impacts to the surrounding neighborhood; and (iii) the secondary impacts from over concentration of Sober Living Homes and Group Homes in a neighborhood and lar e numbers of unrelated adults residing in a single facility are lessened; and At least some operators of Sober Living Homes and roup Homes are driven more by profit rather than intent to provide recovering addicts a re istic potential of sobriety, or a living environment resembling the manner in which the non-d' abled use and enjoy a dwelling; and The residents of Sober Living Homes and G up Homes come to the City from all parts of the country and often lack established ties to th community and a local support system independent of the Sober Living Home or Grou ome; and consequently the residents are especially vulnerable to becoming homeless u on eviction; and Is the intent of this Ordinance to re ire that operators of Group and Sober Living Homes provide the residents information regardi g the available local housing resources prior to eviction from a Sober Living Home or roup Home; and Pursuant to the California St e Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beac City Council have held separate, duly noticed public hearings to consider Zoning.Text Amend ent No. 19-005, which amends Chapter 10 of the Huntington Beach Zoning and Subdivi 'on Ordinance relating to updated, clarified, and additional development standards utiliz within Residential Districts of the ZSO. After due consider tion of the findings and recommendations of the Planning Commission and all other evidence p esented, the City Council finds that the aforesaid amendment is proper and consistent with th General Plan; NOW,THE FORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTI N 1. That Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance ti ed R Residential Districts is hereby amended. SF TION 2. All other provisions of Chapter 210 not modified herein shall remain in full force an' effect. SECTION 3.This ordinance shall become effective immediately 30 days after its adoption. 2 -8649/231106 3 323 PASSED AND ADOPTED by the City Council of the City of Huntington Beach a regular meeting thereof held on the day of , 2020. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney �F REVIEWED AND APPROVED: INITIATED ND APPROVED: City Manager Community Development Director /r i r i i 20-8649/2311.06 4 / 324 Chapter 210 RESIDENTIAL DISTRICTS 210.02 Residential Districts Established The purpose of the residential districts is to implement the General Plan and cal Coastal Program Land Use Plan residential land use designations. Five residential z 'ng districts are established by this chapter as follows: A. The RL Low Density Residential District provides opportune es for single-family residential land use in neighborhoods, subject to appropriate st dards. Cluster development is allowed. Maximum density is seven units per acre. B. The RM Medium Density Residential District provide opportunities for housing of a more intense nature than single-family detached dwellin nits, including duplexes, triplexes, town houses, apartments, multi-dwelling stru ures, or cluster housing with landscaped open space for residents' use. Single-fami homes, such as patio homes, may also be suitable. Maximum density is 15 units per a e. C. The RMH Medium High Density Residenti District provides opportunities for a more intensive form of development than is permitt d under the medium density designation while setting an upper limit on densi that is lower than the most intense and concentrated development permitted in the City One subdistrict has been identified with unique characteristics where separate devel4ment standards shall apply: RMH-A Small Lot. Maximum density is 25 units per acre/ D. The RH High Density ResidentialDistrict provides opportunities for the most intensive form of residential development allow d in the City, including apartments in garden type complexes and high rise where sce 'c and view potential exists, subject to appropriate standards and locational require nts. Maximum density is 35 units per acre. E. The RMP Residential Ma ufactured Home Park District provides sites for mobile home or manufactured home arks, including parks with rental spaces and parks where spaces are individually o d. Maximum density is nine spaces per acre. (3334-6/97) 210.04 RL, RM, RMH, RIB, and RMP Districts—Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use'/classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions"that follow. "PC" desigq tes use classifications permitted on approval of a conditional use permit by the Planning _ ommission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zonin Administrator. ,r "TU'designates use classifications allowed upon approval of a temporary use permit by the Zo ng Administrator. " /U" designates that accessory uses are permitted, however, accessory uses are subject to pproval of a conditional use permit if the primary use requires a conditional use permit. 325 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. RL,RM, RNM,RIFI, and RMP Districts: Land Use Controls P =Permitted L =Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA= Conditional use permit approved by Zoning Administrator TU =Temporary use permit P/U=Requires conditional use permit on site of conditional use - _Not Permitted RMII, Additional RL RM RII. RMP Provisions Residential Uses (A)(M)(Q) Day Care, Ltd. P P P Group Homes L$ L- L8 L-8 Incl. Sober Living Homes Group Residential - - PC - Multifamily Residential (B)(C)(D)(R) 2 - 4 units Z P P - 5 - 9 units A ZA ZA - 10 or more units PC PC PC - Manufactured Home Parks ZA ZA - ZA (E)(F) Res' P P P P - L P P P P Referral Facility - >� >� L=9 Re idential Care F cili P/PC P/PC P/.PC P/PC tT Single-Family R sidential P P P P (B)(D)(F)(P)(R)(S) Supportive Ho sing L-7 L-7 L-7 L-7 Transitions ousing L-7 L-7 L-7 L-7 Public a Semipublic (A)(0) Clubs/pcLodges PC PC ZA ZA Day are, Large-family L-6 L-6 L-6 L-6 326 Day Care, General L-1 ZA ZA ZA Park& Recreation Facilities L-2 L-2 L-2 L-2 Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC Residential Care, General l4 164 PC PC PC Schools, Public or Private PC PC PC PC Utilities, Major PC IPC PC . PC Utilities, Minor P P P P Commercial Communication Facilities L-5 L-5 L-5 -5 Horticulture ZA ZA ZA ZA Nurseries ZA ZA ZA ZA Visitor Accommodations Bed and Breakfast Inns - - L-4 - Accessory Uses P/U 1P41 P/U P/U I(A)(G)(H)(I)(L)(M) Temporary Uses (J)(M) Commercial Filming, Limited P P P P Real Estate Sales 1P P P P (N) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) RL,RM, Teordi RH and RMP Districts: Additional Provisions L-1 'onal use permit from the Planning Commission is required and only allowed /care re (gross acreage) or greater fronting an arterial in RL District. c facilities permitted,but a conditional use permit from the Zoning Administrator for private noncommercial facilities, including swim clubs and tennis clubs. nditional use permit from the Planning Commission is required, and only schools in conjunction with religious services are permitted as an accessory use. A general acility may be allowed as a secondary use, subject to a conditional use permit, if ng Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. 327 L-4 A conditional use permit from the Zoning Administrator is required and only allowed on lots 10,000 square feet or greater in RMH-A subdistrict. See also Section 230.42, Bed and Breakfast Inns. L-5 Only wireless communication facilities permitted subject to Section 230.96, w' less communication facilities. L-6 Neighborhood notification is required pursuant to Section 241.24. No ar itectural plans shall be required. L-7 Supportive housing and transitional housing shall be considered a r sidential use of property and shall be subject only to those restrictions and processing quirements that apply to other residential dwellings of the same type in the same zo e. L-8 Group Homes and Sober Living Homes A. A Group Home or Sober Living Home with six 6 fewer residents in the RL RM RMH RH RMP a Specific Plan Residential or a Specific Plan Mixed Use zone shall require a Special Use Permit from th9tommunity Develo ment Director, and: 1. As measured from the property line t/Dro'pDertyline a Sober Living Home shall be at least one thousand 1 OOV feet from my other propgjjy that contains a Group Home Sober Living Hgifie, or State-Licensed Residential Care Facility. Refer to the procedurVs and location requirements of Chapter 230.28. B. A Grou Home or Sober LiviWLHome with seven 7 or more residents is not permitted in the RL zone. In/the RM RMH RH RMP Specific Plan Residential or Specific Plan Mixed U e zone a Group Home or Sober Living Home with seven 7 or more resi ents shall require a Conditional Use Permit from the Planning Commissio and: 1. As measured/0M the DropeLty line to property line the Grou Home or Sober Livina Ho shall be at least one thousand 1000 feet from any other propeLty that conta' s a Group Home Sober Living Home or State-Licensed Reside al are Facility; 2. Anlication form Operator's Permit that complies with Chapter 5.110 of 4th Huntington Beach Municipal Code HBMC shall be required for and may e ranted to permit the operation of a Grou Home or Sober Livin Home. C. An applicant may seek relief from the strict application of this section by submitting a Reasonable Accommodation application to the Community Development Director setting forth specific reasons as to why accommodation over and above this section is necessary under State and Federal laws,pursuant to Chapter 17.77 of the Huntington Beach Municipal Code. 1 328 L-9 A Referral F.acility is any individual Residential Care FaciliM Group Home or S er Livin Home where one or more erson's residency in the facility is pursuant taX court order or directive from an agency in the criminal justices stem. The fo owin standards are applicable to Referral Facilities: A. Referral Facilities are not permitted in the Residential Low Densit RL zone and no Referral Facility may be located within five hundred(50QJfeet of property that is zoned either Residential Low Density RL or S ecific lan Residential Low Density areas or within five hundred 500 feet of a s ool park, lace of worship, or licensed day care facility. B. A Referral Facility must have a manager on-site tw/ntv-fou* r 24 hours ever day to ensure the orderly operation of the facilityAnd its compliance with all applicable laws, regulations, and conditions. C. No Referral Facility shall admit a resident ho has been convicted of any crime involving h sical force against a persop6llegal possession of a wea on possession or use of a weapon in the commission of a crime or a felony involving a controlled substance. (A) Any addition or modification subsequ t to the original construction that would result in an increase in the amount of building ea, or a structural or architectural alteration to the building exterior, shall require an ame ment to the previously approved conditional use permit, if any, or approval of a new c nditional use permit. (B) A conditional use permit fro the Planning Commission is required for residential uses requesting reduction in sta ards for senior citizens (See Section 210.08), for affordable housing (See Sectio s 210.10 and 230.14), or for density bonus (See Section 230.14). (C) A conditional use pe it from the Zoning Administrator is required for any multiple family residential devel ment that: (1) Abuts an a erial highway; (2) Includes dwelling unit more than 150 feet from a public street; or (3) Includ buildings exceeding 25 feet in height. (D) See Secti n 210.12, Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See SZtion 210.14, RMP District Supplemental Standards. In addition,Neighborhood Notificayon pursuant to Chapter 241 is required for the addition of manufactured home space(s�) to an existing manufactured home park. (F) �See Section 230.16, Manufactured Homes. (G)' See Section 230.12, Home Occupation in R Districts. (H//) See Section 230.08, Accessory Structures. /AI) See Section 230.10, Accessory Dwelling Units. / (J) See Section 241.20, Temporary Use Permits. r (K) See Chapter 236,Nonconforming Uses and Structures. 329 (L) See Chapter 233, Signs. (M) Tents,trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (N) See Section 230.18, Subdivision Sales Offices and Model Homes. (0) Limited to facilities on sites of fewer than two acres. (P) See Section 230.22, Residential Infill Lot Developments. (Q) See Section 230.20, Payment of Parkland Dedication In-Lieu Fee. (R) Small Lot Development Standards for RM, RMH, and RH Districts A conditional use permit from the Planning Commission is required for small lot reside 'al subdivisions, including condominium maps for detached single-family dwellings. ee also Section 230.24, Small Lot Development Standards. (S) See Coastal Element Land Use Plan, Table C-2, for perm' ed uses, development requirements and restrictions applicable to development wit ' Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal Element Land Use P n. Subdivision design and development within Subarea 4K shall incorporate the in rmation from the plans and studies required in Table C-2 for development of that barea. If there is a conflict between the requirements and restrictions of Table C-2 and o er provisions of the Zoning and Subdivision Ordinance,the requirements and restrictions included in Table C-2 shall prevail. T Unlicensed Residential Care Facilities not permitted in any R district. State licensed Residential Care Facilities so4ing six 6 or fewer ersons are-permitted in the in the RL RM RMH RH RMP a S ecific Plan Residential or a Specific Plan Mixed Use zones. State licensed Residential Care Faci/iies serving seven 7 or more persons in the RI fSee Provision L-1 RM RMH R.H. P a Specific Plan Residential or a Specific Plan Mixed Use zone are subject to a CUP b the Planning Commission pursuant to the requirements of Section 230.28. (3334-6/97, 3410-3/99, 345 -5100, 3568-9/02, 3706-6/05, 3724-2/06, 3761-2/07, 3832- 7/09, 3858-2/10) NO FURT R CHANGES TO HBZSO CHAPTER 210 PROPOSED RE INDER OMITTED FROM LEGISLATIVE DRAFT 330 ORDINANCE NO. 4216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BE H AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AN SUBDIVISION ORDINANCE TITLED SITE STANDARDS (ZONING TEXT AMENDMENT NO. 19-005) THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAKE HE FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF T S ORDINANCE: WHEREAS,under the California Constitution, Article XI, Sec 'on 7, the City has been granted broad police powers to preserve the residential characteristi of its RL, RHM, RH and RMP residential zones; and the residential portion of its Specific S ans, which powers have been recognized by both the California Supreme Court and United tes Supreme Court,the latter of which has stated that, "It is within the power of the legislatur to determine that the community should be beautiful as well as healthy, spacious as well as ean, well-balanced as well as carefully patrolled"; and The Federal Fair Housing Act("FHA") and t e California Fair Employment Housing Act ("FEHA") prohibit enforcement of business regul on facially or effectively discriminate against equal housing opportunities for the disabled; an A core purpose of the FHA and FEH is to provide a broader range of housing opportunities to the disabled; to free the di abled, to the extent possible, from institutional style living; and to ensure that disabled perso may live in a similar fashion as non-disabled persons live in residential neighborhoods; and To fulfill this purpose, the and FEHA also require that the City provide reasonable accommodations to its zoning or finances if such accommodation is necessary to afford a disabled person an equal oppo ity to use and enjoy a dwelling; and Any facility which ovides non-medical alcoholism or drug abuse recovery, treatment, or detoxification services ust obtain a license from the California Department of Alcohol and Drug Programs ("ADP" . Health & Safety Code section 11834.30 provides that no person"shall operate, establish, in age, conduct, or maintain an alcoholism or drug abuse recovery or treatment facility to rovide recovery, treatment, or detoxification services"with the State without first obta' ing an ADP license; and State 1 has preempted local regulation of ADP-licensed facilities, and requires that all California c' ies must permit in all residential zones pursuant to ADP-licensed facilities with six or fewer r idents pursuant to Health and Safety Code Sections 11834.20 and 11834.23; and A Group Home is residential facility that is being used as a supportive living environment for p sons who are considered disabled under State or Federal law. Persons recovering from d and/or alcohol addiction are considered disabled for the purposes of the FEHA and the F deral Americans with Disabilities Act ("ADA"); and 20-8649/231108 1 331 A Sober Living Home is a Group Home for persons who are recovering from a d g and/or alcohol addiction and who are considered handicapped under FEHA or ADA; d The City of Huntington Beach has seen a sharp increase in the number of ober Living Homes, which has generated secondary impacts including, but not limited to n ghborhood parking shortfalls, overcrowding, inordinate amounts of second-hand smoke and noise; and the clustering of Sober Living Homes in close proximity to each other creatin near neighborhoods of Sober Living Homes; and As of May 2020, the City has identified approx/Homes 7 ober Living Homes and residential care facilities in the multi-family and singldential zones; and The number of Sober Living Homes in the Citgton Beach is rapidly increasing, leading to an overconcentration of Sober Ls in certain of the City's residential neighborhoods, which is both deleterious totial character of these neighborhoods and may also lead to the institutionalih neighborhoods; and The purpose of Sober Living Homes is to ovide a comfortable living environment for persons with drug or alcohol addictions in whic they remain clean and sober and can participate in a recovery program in a residential, comm 'ty environment, and so that they have the opportunity to reside in the residential neig orhood of their choice; and In enacting this Ordinance, the ' y Council of the City of Huntington Beach is attempting to strike a balance betwee e City's and residents' interests of preserving the characteristics of residential neighb oods and to provide opportunities for the disabled to reside in such neighborhoods that e enjoyed by the non-disabled; and Because of their extre ly transient populations, above-normal numbers of individuals/adults residing in single dwelling and the lack of regulations, Sober Living Homes present problems not typic y associated with more traditional residential uses, including but not limited to: the housing of arge numbers of unrelated adults who may or may not be supervised; disproportionate numbe of cars associated with a single housing unit, which causes disproportionate traffi and utilization of on-street parking; excessive noise and outdoor smoking, which inte eres with the use and enjoyment of neighbors' use of their property; neighbors who hav little to no idea who does and does not reside in the home; little to no participation in c munity activities that form and strengthen neighborhood cohesion; disproportional impacts from the average dwelling unit to nearly all public services including sewer, water, arks, libraries, transportation infrastructure, fire and police; a history of congregatin in the same general area; and the potential influx of individuals with a criminal record; an ousing inordinately large numbers of unrelated adults in a single dwelling or congr gating Sober Living Homes in close proximity to each other does not provide the disabled wit an opportunity to "live in normal residential surroundings,"but rather places them into li ng environments bearing more in common with the types of institutional dormitory living that e FEHA and FHA were designed to avoid for the disabled, and which no reasonable person could contend provides a normal residential surrounding; and 20-8649/231108 2 332 Notwithstanding the above, the City Council recognizes that while not in/cterwithresidential neighborhoods, responsibly operated Sober Living Homes, andGroup including Sober Living Homes,benefit society by providing the disabled the o ortunity to live in residential neighborhoods, recovery programs for individuals attemptin/Ccesscto vercome their drug and alcohol addictions, and providing Sober Living Homes greater a residential zones; and Without regulation there is no means of ensuring that (i) th individuals entering into Sober Living Homes are disabled individuals and entitled to rea nable accommodation under local and state law; (ii) the Sober Living Home is operated pr essionally to minimize impacts to the surrounding neighborhood; and (iii) the secondary i acts from over concentration of Sober Living Homes and Group Homes in a neighborhoo and large numbers of unrelated adults residing in a single facility are lessened; and At least some operators of Sober Living Ho es and Group Homes are driven more by profit rather than intent to provide recovering ad 'cts a realistic potential of sobriety, or a living environment resembling the manner in which t non-disabled use and enjoy a dwelling; and The residents of Sober Living Hom and Group Homes come to the City from all parts of the country and often lack established 'es to the community and a local support system independent of the Sober Living Home r Group Home; and consequently the residents are especially vulnerable to becoming ho eless upon eviction; and Is the intent of this Ordina e to require that operators of Group and Sober Living Homes provide the residents informatio regarding the available local housing resources prior to eviction from a Sober LivingI Dine or Group Home; and Pursuant to the Cali rnia State Planning and Zoning Law,the Huntington Beach Planning Commission and Huntin n Beach City Council have held separate, duly noticed public hearings to consider Zoning Tex Amendment No. 19-005, which amends Chapter 230 of the Huntington Beach Zoning and Sub ivision Ordinance relating to updated, clarified, and site standards utilized within the ZSO. After due onsideration of the findings and recommendations of the Planning Commission and all other ev' ence presented, the City Council finds that the aforesaid amendment is proper and consistent ith the General Plan; NO ,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follow . ECTION 1. That Chapter 230 of the Huntington Beach Zoning and Subdivision Ordi ce titled Site Standards is hereby amended. SECTION 2. All other provisions of Chapter 230 not modified herein shall remain in full f rce and effect. SECTION 3.This ordinance shall become effective immediately 30 days after its adoption. 20-8649/231108 3 333 PASSED AND ADOPTED by the City Council of the City of Huntin Beach at a Intil'lgt 11 Beach at a regular meeting thereof held on the day of 2020. Mayor ATTEST: APPROVED AST City Clerk City Attome y A'tome REVIEWED AND APPROVED: IN/TTHTED AND APPROVED: ............... City Manager ommunity Development Director 20-8649/231108 4 334 230.28 Resefved Group Homes A. Purpose. This chapter is intended to preserve the residential character of single-family reside/'al neighborhoods and to further the p=oses of the FEHA the FHAA and the Lante an Act b among other things: 1 ensuring that group homes are actually entitled to the s cial accommodation and/or additional accommodation rovided under the Hunti on Beach Municipal Code and not simply skirting the cit 's boarding house re ulati s 2 limitin the secondary impacts of group homes by reducing noise and traffic. preseryfng safety and rovidin adequate on streetparking; 3 rovidin an accommodation for the sabled that is reasonable and actually bears some resemblance to the opportunities afforded on-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood, d 4 to provide comfortable living environments that will enhance the opportuni for the kKisabled and for recovering addicts to be successful in their programs. B. Special Use Permit Required. 1. A group home that may otherwise be cons/ered up permitted use may locate in the RL RM RMH RH RMP a Specific Plan sidential or a Specific Plan Mixed Use zone with a Special Use Permit provided: a. An application fora group ho Zeis submitted to the director by the owner/o erator of the group home. The applicatVn shall provide the followin i The name address one number and driver's license number of the owner/operator; ii. If the a lica and/or o erator is a artnershi co oration firm or association then t e a licant/o erator shall provide the additional names and addresses as fol ws and such persons shall also signthe a lication: 1 . E er eneral partner of the partnership, (2). ver owner with a controllinginterest in the corporation 3 . The erson designated b the officers of a co oration as set forth in a resolution of the co oration that is to be designated as the permit holder• iii. The license and ermit histo of the a licant s includingwhether such a icant s in previouslyoperating a similar use in this or another ci countyor s ate under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor; iv The name address phone number and driver's license number of the house manager; j, v. A copy of the group home rules and regulations; / vi Written intake procedures; / vii The relapse policy; ,ff viii An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside ` at the group home; f 335 ix. Blank conies of all forms that all residents and potential residents are required to complete; and x. A fee for the cost of rocessin of the application as set b resol ion of the city council. No person shall open a group home or begin employment with a/rouDhome until this information has been royided and such persons shall be s onsible for updating any of this information to keep it current. b. The groW home has six 6 or fewer occupants. not cou 'n a house manager, but in no event shall have more than seven 7 occupants. If th dwgllin unit has a secondar accessory unit occupants of both units will be/combined to determine whether or not the limit of six (6) occupants has been e ceeded. c. The group home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same pumose. d. The group home has a house manager whresides at the group home or any multiple of persons acting as a house manager who are present at the group home on a twenty-four 24 hour basis and who are responsible for the day-to-day operation of the group home. , e. All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking,&vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within five hundred(500) feet of the dwelling unit The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home. f. Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code section 1503.5 and section 80001(c)(31 of Title�/22, California Code of Regulations. g. Integral groupihome facilities are not permitted Applicants shall declare,under penalty of perjur that the group home does not operate as an integral use/facility, h. If the group home operator is not the property owner, written approval from the property o er tooperate a grow home at the pro e i. The pu6erty must be fully in compliance with all building codes municipal code and zon' 'a. j. At east forty-eight 48 hours prior to an occupant's eviction from or inypluntary term' ation of residency in a group home the operator thereof shall: i. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home; ii. Contact the Orange County Health Care Agency OC Links Referral Line f and/or another entity designated by the City to determine the services available to if the occupant, including, but not limited to, alcohol and drug inpatient and j outpatient treatment; iii. Notify the City's Homeless Task Force or its successor panel that an occupant is no longer a resident at the home, and determine the services available % therefrom; j.. 336 iv. Provide the information obtained from paragraphs ii and iii of thiZa subsection B.l.'. and an other treatment provider or service to the occ to his or her release on a form provided by the City and obtain the o u ant's signed acknowledgement thereon; v. Provided however, that if the occupant's behavior results Zhimrmediate termination of residency pursuant to rules approved by the C-6 as part of the special use permit for that facility, the operator shall comp6 with paragraphs i. through iv. of this subsection B.1.'. as soon as ossible k. Prior to an occu anf s eviction from or involuntary ter4ination of residenc in a group home, the operator thereof shall also: i. Make available to the occu ant trans ort on to the address listed on the occupant's driver license state-issued identi cation card or the permanent address identified in the occupant's applicAign or referral to the group home• ii. Provided however, that should t occupant decline transportation to his or her permanent address or otherwise s no permanent address then the operator shall make available to the occu trans ortation to another group home or residential care facilitv that has a reed to acce t the occupant. If the operator cannot find accommodation th ccu ant must continue to house on remises until such accommodation ca be found for the occu ant. 1. The groU home operator s 1 maintain records fora period of one year followin eviction from or involuntary rmination of residency of an occupant that document compliance with subsectio B.l I.J. and B.l.k. of this sectionprovided, however that nothing herein shall re u e an operator of a ou home to violate any provision of state or federal law read/dino, confrdentiali of health care information. The rou home operator may nof satisfy the obligations set forth in subsection B.l.k. of this section by providing/remuneration to the occupant for the cost of transportation. m. All drivers o ehicles picking u or dropping off persons at a group home shall comply with all licable provisions of this Code and the Vehicle Code including, but not limited-to, those provisions regulating licensure and parking, standing and stopping. n. In ad Zon to the regulations outlined above the following shall also apply to sober living h es: i The sober living home is not located within one thousand (10001 feet, as /measured from the closest property lines, of any other sober living home or a state f licensed alcoholism or drug abuse recovery or treatment facility. ii All occupants, other than the house manager, must be actively participating I in legitimate recovery programs, including, but not limited to, Alcoholics / Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for f eviction. iii. The sober living home's rules and regulations must prohibit the use of any ,f alcohol or any non-prescription drugs at the sober living home or by any 337 recovering addict either on or off site. The sober living home must also have a written policy regarding the possession,use and storage of prescription medications The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medicatio is prohibited except for the person to whom they are prescribed, and in th amounts/dosages prescribed. These rules and regulations shall be posA on site in a common area inside the dwelling unit. Any violation of this rule ust be cause for eviction under the sober living home's rules for residency andthe violator cannot be re-admitted for at least ninety 90 days. Any secoDdviolation of this rule shall result in permanent eviction. Alternatively,the s er living home must have provisions in place to remove the violator from co act with the other residents until the violation is resolved. iv. The number of occu ants sublect to the sex ender reizistration requirements of Penal Code section 290 does no exceed the limit set forth in Penal Code section 3003.5 and does not vi ate the distance provisions set forth in Penal Code section 3003. v. The sober livin home shall have a Zritten visitation policy that shall preclude any visitors who are under th influence of any drug or alcohol. vi. The sober living home shall h e a ood neighbor policy that shall direct occupants to be considerate of ne' hbors including refraining from en a in in excessively loud profane or ob oxious behavior that would unduly interfere with a neighbor's use and en'o m t of their dwelling unit. The good nei hbor olic shall establish a written ro col for the house manager/operator to follow when a neighbor complaint is rec ived. vii. The sober livii ig ome shall not provide any of the following services as they are defined b s ction 10501 a 6 of Title 9 California Code of Regulations: detox' ication• educational counselin • individual or group counselin sessi s• and treatment or recover lannin . o. An applicant ma4eek relief from the strict application of this section-by submitting a reas able accommodation application setting forth specific reasons as to wh accommod ion over and above this section is necessaryunder state and federal laws ursuan o section HBMC 17.77. 2. The special sepermit shall be issued by the director as a ministerial matter if the applicantisin om liance or has agreed to comply with subsections B.1.a. through B.l.n. of this section. Ae issuance of the special use permit shall be denied a on a determination and if alreatyy issued shall be denied or revoked upon a hearing, by the director that any of the followjng circumstances exist: a. ZNU owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information; b. Anv owner/operator or staff person has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual /r harassment embezzlement or theft: falsifying a drug test; and selling or furnishing illegal drugs or alcohol. 338 c. Any owner/operator or staff person has been convicted of or pleaded nolo contendere within the last seven 7 to ten 10 ears to my of the followin offenses: i. An sex offense for which the person is required to register as a sex offe er under California Penal Code section 290 (last ten (10) years): ii. Arson offenses—Violations of Penal Code Sections 451-455 las seven 7) years): or iii. Violent felonies as defined in Penal Code section 667.5 w ' involve doing bodily harm to another person(last ten(10) years). iv. The unlawful sale or furnishin of any controlled subs Zees last seven 7 ears . d. Any owner/operator or staff person robation supervision on a the date of the submittal of the application or at any time Aereafter. e. The owner/operator accepts residents other than Ouse manager, who are not disabled as defined by the FHAA and FEHA. £ A special use permit for a sober living,home all also be denied upon a determination and if already issued any trans r shall be denied or revoked u on a hearing, by the director that my of the folloVing additional circumstances exist: i. Any owner/operator or staff De/On of a sober living home is a recovering drug or alcohol abuser and u on t e date of application or em to ment has had less than one 1 full year of so iet . ii. The owner/operator of sober living home fails to immediately take measures to remove anv re dent who uses alcohol or illegally uses prescription or non-prescription drugs' o who is not actively participatingin a legitimate recovery program fro contact with all other sober residents. iii. The sober livi home as measured by the closest property lines is located within one thous a 1000 feet of any other sober living home or state licensed alcoholism or drZa abuse recovery or treatment facility. If a state-licensed alcoholism or drug abuse recovery or treatment facility moves within one thousand 1 0 feet of an existing sober living home this shall not cause the revocation f the sober living home's permit or be grounds for den in a transfer of such rmit. . For an other significant and/or repeated violations of this section and/or an other a licabl laws and/or regulations, including, but not limited to failure to com 1 with the ro sions of subsections B.1.'. throu h m. h. evocation shall not apply to my groLiphome which otherwise would cause it to be ' violation of this section that has obtained a reasonable accommodation ursuant tO BMC 17.77. C. Compflance 1 Existing Group Homes must apply for a special use permit within ninety (90) days of the effective date of this chapter. 339 2. Group Homes that are in existence upon the effective date of this chapter all have one 1 year from the effective date of this chapter to comply with its rov' ions provided that any existing Grou Home which is serving more than si 6 residents must first comply with the six-resident maximum. 3. Existing Grou Homes obligated by a written lease exceedingear from the effective date of the ordinance or whose activily involves inv ment of money in leasehold or improvements such that a longer period is necesi(ary to prevent undue financial hardship, are eligible for_up to one 1 additiona ears grace period pursuant to Planning Division approval. D. Transfer of Special Use Permit 1. A Special Use Permit may not be transferred/anyer person or enti1y. No S me Use Permit issued pursuant to this chapter shA be transferred or assigned or authorize my person other than the person or-entity ed in the permit tooperate the group home named therein. E. A Conditional Use Permit shall be re uire/forand may be granted to allow the operation of a Group Home or a Residential Care Facility/with seven 7 or more occupants in the RM RMH RH RMP Specific Plan Residential and ecific Plan Mixed Use Zones subject to the following conditions: 1. As measured from the pro/erty, line to property line the Group Home or Sober Livin Home shall be at least one ousand 1000 feet from any other property that contains a Group Home Sober Livizfv Home or State-Licensed Residential Care Facility. 2. An application for O erator's Permit that com lies with Chapter 5.110 of the Huntington Beach Nfunicipal Code HBMC shall be required for and may be ranted to ermit the o erati of a Group Home or Sober Living Home. l 340 ORDINANCE NO. 4213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTO BEACH AMENDING TITLE 5 OF THE HUNTINGTON BEACH MUNICIPAL CO TITLED BUSINESS LICENSES AND REGULATIONS (ZONING TEXT AMENDMENT NO. 19-005) THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH M ES THE FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION O THIS ORDINANCE: Under the California Constitution, Article XI, Section 7, th City has been granted broad police powers to preserve the residential characteristics of its M, RH and RMP residential zones; and the residential portion of its Specific PI s, which powers have been recognized by both the California Supreme Court and Unite States Supreme Court,the latter of which has stated that, "It is within the power of the legisla re to determine that the community should be beautiful as well as healthy, spacious as well clean, well-balanced as well as carefully patrolled"; and The Federal Fair Housing Act ("FHA") an the California Fair Employment Housing Act ("FEHA") prohibit enforcement of business reg ation facially or effectively discriminate against equal housing opportunities for the disabled; a d A core purpose of the FHA and FE A is to provide a broader range of housing opportunities to the disabled; to free the sabled, to the extent possible, from institutional style living; and to ensure that disabled pers s may live in a similar fashion as non-disabled persons live in residential neighborhoods; an To fulfill this purpose, the HA and FEHA also require that the City provide reasonable accommodations to its zoning o inances if such accommodation is necessary to afford a disabled person an equal oppo unity to use and enjoy a dwelling; and Any facility which rovides non-medical alcoholism or drug abuse recovery, treatment, or detoxification service ust obtain a license from the California Department of Alcohol and Drug Programs ("ADP" . Health& Safety Code section 11834.30 provides that no person"shall operate, establish, m age, conduct, or maintain an alcoholism or drug abuse recovery or treatment facility to rovide recovery, treatment, or detoxification services" with the State without first obtai rng an ADP license; and State 1 has preempted local regulation of ADP-licensed facilities, and requires that all California ci 'es must permit in all residential zones pursuant to ADP-licensed facilities with six or fewer re dents pursuant to Health and Safety Code Sections 11834.20 and 11834.23; and Group Home is residential facility that is being used as a supportive living environment for pe- ons who are considered disabled under State or Federal law. Persons recovering from dru nd/or alcohol addiction are considered disabled for the purposes of the FEHA and the Fe eral Americans with Disabilities Act("ADA"); and 20-8649/231110 1 341 A Sober Living Home is a Group Home for persons who are recovering from drug and/or alcohol addiction and who are considered handicapped under FEHA or AD , and The City of Huntington Beach has seen a sharp increase in the number Sober Living Homes, which has generated secondary impacts including, but not limited to eighborhood parking shortfalls, overcrowding, inordinate amounts of second-hand smo , and noise; and the clustering of Sober Living Homes in close proximity to each other creati near neighborhoods of Sober Living Homes; and As of May 2020, the City has identified approximately 177 obey Living Homes and residential care facilities in the multi-family and single-family re dential zones; and The number of Sober Living Homes in the City of H tington Beach is rapidly increasing, leading to an overconcentration of Sober Livin omes in certain of the City's residential neighborhoods, which is both deleterious tot residential character of these neighborhoods and may also lead to the institutionaliza on of such neighborhoods; and The purpose of Sober Living Homes is to pr vide a comfortable living environment for persons with drug or alcohol addictions in which ey remain clean and sober and can participate in a recovery program in a residential, commun' y environment, and so that they have the opportunity to reside in the residential neighb hood of their choice; and In enacting this Ordinance, the Cit Council of the City of Huntington Beach is attempting to strike a balance between t City's and residents' interests of preserving the characteristics of residential neighborh ods and to provide opportunities for the disabled to reside in such neighborhoods that are njoyed by the non-disabled; and Because of their extremel transient populations, above-normal numbers of individuals/adults residing in a ' gle dwelling and the lack of regulations, Sober Living Homes present problems not typically ssociated with more traditional residential uses, including but not limited to: the housing of lar e numbers of unrelated adults who may or may not be supervised; disproportionate numbers cars associated with a single housing unit, which causes disproportionate traffic a d utilization of on-street parking; excessive noise and outdoor smoking, which interfe• s with the use and enjoyment of neighbors' use of their property; neighbors who have li le to no idea who does and does not reside in the home; little to no participation in com unity activities that form and strengthen neighborhood cohesion; disproportional im acts from the average dwelling unit to nearly all public services including sewer, water,par s, libraries, transportation infrastructure, fire and police; a history of congregating in he same general area; and the potential influx of individuals with a criminal record; and Ho sing inordinately large numbers of unrelated adults in a single dwelling or congrega ng Sober Living Homes in close proximity to each other does not provide the disabled with an pportunity to "live in normal residential surroundings,"but rather places them into living nvironments bearing more in common with the types of institutional dormitory living that the F HA and FHA were designed to avoid for the disabled, and which no reasonable person co d contend provides a normal residential surrounding; and 20-8649/231110 2 342 Notwithstanding the above,the City Council recognizes that while not in character wi residential neighborhoods, responsibly operated Sober Living Homes, and Group Homes, including Sober Living Homes, benefit society by providing the disabled the opportunit to live in residential neighborhoods, recovery programs for individuals attempting to overco e their drug and alcohol addictions, and providing Sober Living Homes greater access to r sidential zones; and Without regulation there is no means of ensuring that (i) the individ Is entering into Sober Living Homes are disabled individuals and entitled to reasonable commodation under local and state law; (ii) the Sober Living Home is operated profession y to minimize impacts to the surrounding neighborhood; and (iii) the secondary impacts fr over concentration of Sober Living Homes and Group Homes in a neighborhood and 1 • e numbers of unrelated adults residing in a single facility are lessened; and At least some operators of Sober Living Homes an roup Homes are driven more by profit rather than intent to provide recovering addicts a r istic potential of sobriety, or a living environment resembling the manner in which the non- sabled use and enjoy a dwelling; and The residents of Sober Living Homes and oup Homes come to the City from all parts of the country and often lack established ties to t community and a local support system independent of the Sober Living Home or Gro Home; and consequently the residents are especially vulnerable to becoming homeless pon eviction; and Is the intent of this Ordinance to r quire that operators of Group and Sober Living Homes provide the residents information regar ng the available local housing resources prior to eviction from a Sober Living Home o Group Home; and Pursuant to the California tate Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Be ch City Council have held separate, duly noticed public hearings to consider Zoning Text Am ndment No. 19-005, which amends Title 5 relating to updated, clarified, and site standards ilized within the HBMC. After due conside ation of the findings and recommendations of the Planning Commission and all other evidence resented, the City Council finds that the aforesaid amendment is proper and consistent with t General Plan; NOW,TH FORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECT ON 1. That Title 5 Business Licenses and Regulations of the Huntington Beach Municipal ode is hereby amended. CTION 2. All other provisions of Title 5 not modified herein shall remain in full force and of ct. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. 20-8649/231 110 3 343 PASSED AND ADOPTED by the City Council of the City of Huntingto each at a regular meeting thereof held on the day of , 2020, Mayor ATTEST: APPROVED AST FORM: City Clerk City Atto y REVIEWED AND APPROVED: INI ATED AND APPROVED: City Manager Community Development Director 20-8649/231110 4 344 Huntington Beach Municipal Code Chanter 5,110 GROUP HOMES 5.110.010 Definitions. The definitions set forth in Title 20 Chapter 203 of the ZSO Code shall a /Pprovisions this article unless otherwise provided for herein. 5 110,020 Zoning Regulations. In addition to the requirements of this article all group homes s •ect to this article shall comply with the requirements set forth in Title 23 Chapter 230.28 of e ZSO Code. 5.110.030 Operator's Permit Required. It is unlawful for any person tooperate, or tQ permi/anyperson tooperate, a group home on an property located within the RL RM RMH RH P Specific Plan Residential or S ecific Plan Mixed Use zone without a valid pej home pursuant to the prQvisions of this article. 5,110.040 Exceptions. The requirements of this article shall /aniplv to: A. A group home that has six/(6)or fewer occupants,not counting a house mana er and that is in compliance with tha4amplicable provisions of Title 23 Chapters 230.28 of this Code- B. A state licensed alc olism or drugabuse recover or treatment facilit • or C. A state licensed r sidential care facili 5,110.050 Re uiremen for issuance of o erator's ermit. A. The owner o erator shall submit an application to the Finance Director that-provides the followingformation: 1. T name address hone number and driver's license number of the own /o erator• 2. A live scan of the operator and/or house mana er- If the a licant and/or operator is a partnership, co oration firm or association then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application: a. Every general partner of the partnership b Eveiv owner with a controlling interest in the corporation: and c The person designated by the officers of a corporation as set forth in a resolution of the corooration that is to be designated as the permit holder. 345 4 The license and permit history of the a licant s includin whethe�suc applicant(s) in previously operating a similar use in this or another city, or state under license and/or permit,has had such license and/or permit revoked Z sus ended and the reason therefor: 5. The name address hone number and driver's license numbe Infole.house manager: 6. A copy of the group home rules and regulations/sidents 7 Written intake procedures: 8. The relapse policy; 9 An affirmation b the owner/operator that onler than the house manager)who are disabled as defined by state andfederal law shall reside at the rou home; 10. Blank co ies of all forms that all reside s and otential residents are re uired to complete; and 11. A fee for the cost of processingof t e a lication as set by resolution of the Cit Council. B. Requirements for operation of grou ornes. 1. The group home has a house ana er who resides at the gg:oup home or an multiple of persons acting as a Vouse manager who are present at the group home on a twenty-four 24 hour basis a who are res onsible for the day—to--day day-to--dAy operation of the group home. 2. All ara e and drive a s aces associated with the dwelling unit shall at all times be available for ti vehicles. Residents and the house man a er ma each onl store or Dar a single vehicle at the dwelling unit or on any street within five hundred 500 feet o the dwelling,unit The vehicle must be o erabl and currently used as a primary fbrm of transportation for a resident of the grou home. 3. Occupants ust not require and operators must not provide"care and su ervision" as those terms kre defined by Health and Safety Code section 1503.5 and section 80001 c 3 f Title 22 California Code of Regulations. 4 Inter group home facilities are not permitted. Applicants shall declare under nenalty o perjury. that the group home does not o erate as an integral use/facility. 5. If 4 grouD home operator is not the property owner,written approval from the prop owner to -operate a group home at the ro ert . At least forty-eight 48 hours prior to eviction from or involuntary termination of r idenc in a group.home the operator thereof shall— a. Notify the person designated as the occupant's emergency contact or contact / of record that the occupant will no longer be a resident at the home; f r b Contact the Orange County Health Care Agency OC Links Referral Line or f f other entity designated by the City to determine the services available to the occupant including but not limited to, alcohol and drug inpatient and outpatient treatment; 346 c. Notify the cit 's Homeless Task Force or its successor panel that an occup t is no longer a resident at the home determine the services available therefro and d. Provide the information obtained from paragraphs b and c of this bsection B 6 and any other treatment provider or service to the occupant 'or to his or her release on a form provided by the city and obtain the occu an s signed acknowledgement thereon; e. Provided however, that if the occupant's behavior res s in immediate termination of residency pursuant to rules approved by t cit as art of the s ecial use permit,for that faciliM the operator shall c ly with paragraphs a though e of this subsection B.6. as soon as possible. 7. Prior to an occupant's eviction from or involuntar termination of residenc in a group home,the operator thereof shall also. a. Make available to the occupant trans rta ion to the address listed on the occu ant's driver license state issued ide tification card or the permanent address identified in the occupant's aDdication or referral to the group home- b. Provided however, that sh 1 the occupant decline transportation to his or her permanent address or otherwi has no permanent address then the operator shall make available to the occu ant transportation to another group home or residential care facility that h agreed to accept the occupant. 8. The group home operator s 11 maintain records fora period of one yor following eviction from or involuntary t ination of residency of an occupant that document compliance.with subsection A.7. and A.8. of this sectionprovided, however that nothing herein shall requitdan opera or of a group home to violate any provision of state or federal law re a ing confidentiality..of health care information. The rou home operator may n atisfy the obligations set forth in subsection A.8. by Providing remuneration to the ccu ant for the cost of transportation 9. All drivers of ehicles picking.up or dropping off persons at a group home shall comply with all licable rovisions of this Code and the Vehicle Code including, but not limited/to. those provisions regulating licensure and arking, standing and stopping. 10. The •o et must be full m com liance with all buildin codes munici al code and zon' 11. I addition to the regulations outlined above the following shall also apply to Sober Living Homes: a All occupants other than the house manager, must be actively participating in legitimate recovery programs including but not limited to, Alcoholics ` Anonymous or Narcotics Anonymous and the Sober Living Home must maintain current records of meeting attendance. Under the Sober Living Home's rules and regulations refusal to actively participate in such a pro ram shall be cause for eviction. b The Sober Living Home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the Sober Living Home or by any 347 recovering addict either on or off site. The Sober Living Home must also have written policy regarding the possession, use and storage of prescription medications The facility cannot dispense medications but must make the available to the residents. The possession or use of rescri tion medica 'ons is prohibited exce t for the person to whom they are rescribed and in e amounts/dosa es prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling=UpjLAnj violation of this r e must be cause for eviction under the Sober Living Home's rules for residenz and the violator cannot be re-admitted for at least nine 90 da s. An se nd violation of this rule shall result in permanent eviction. Altematively. theAober Living Home must have rovisions in lace to remove the violator fp6m contact with the other residents until the violation is resolved. c. The number of occupants subject to the sex/ffender re istration requirements of Penal Code section 290 does not exceed the limit set forth in Penal Code section 3003.5 and does not violate the distance provisions set forth in Penal Code section 3003. d. The Sober Living Home shall hay/, ,Vritten visitation policy that shall preclude any visitors who are under tWe influence of any drug or alcohol. e The Sober Living Home shall/have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessive) loud profane or o noxious behavior that would unduly interfere with a neighbor's use and en'o ent of their dwelling unit. The good nei hbor olic shall establish a written Dp6tocol for the house mana er/o erator to follow when a neighbor complaint is r ceived. f. The Sober Livin all not provide any of the following services as they are defined by/section 10501 a 6 of Title 9 California Code of Regulations: det ification• educational counselin • individual or gmup counselin ses ons• and treatment or recovery planning, C. An applicant ma seek relief from the strict application of this section by submitting an application to the C munity Development Director setting forth specific reasons as to why accommodation o rand above this section is necessary under state and federal laws pursuant to Cha er 17.77 of this Code D. Theo er or's permit shall be issued by the Director if the app=licant is in com Iiance or where apAicable, has agreed to comply, with the requirements of subsections A. and B. above. E. Ina/dition to denying n application for failing to comply, or failing to-.agree to com-OV with subsections A. and/or B. of this section an o erat is ermit shall also be denied, and if already issued shall be revoked upon a hearing by the Director, under an of the/following circumstances: 1 Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information. 2. Any owner/operator or staff person has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual 348 harassment embezzlement or theft; falsifying a drug test; and sellin or furnishin illegal drugs or alcohol. 3. An owner/operator or staff person has been convicted of or leaded7no contendere within the last seven 7 to ten 10 ears to any of the folio n offenses: a. Any sex offense for which the person is required to register s a sex offender under California Penal Code section 290 (last ten-(10)vearsl: b. Arson offenses—Violations of Penal Code Sections 4 1_455 last seven (7) years); or c. Violent felonies as defined in Penal Code sectio 66 .5 which involve doing bodily harm to another person last ten 10 ars d. The unlawful sale or furnishing of any con sled substances last seven 7 ears . 4. Any owner/operator or staff person is on a le or formal probation supervision on the date of the submittal of the application or an time thereafter. 5. The owner/operator accepts residents they than a house manager, who are not disabled or disabled as defined by the F A and FEHA. 6. An operator's permit for a Sober ivin Home shall also be denied and if already issued shall be revoked u on a hear' g hy the Di ector under any of the following additional circumstances: a. The owner/o erator ZaSober Living Home fails to immediately take measures to remove an •esident who uses alcohol or illegally uses prescription or non-prescription dru or who is not active) artici atin in a le itimate recovery program fr m contact with all other sober residents. b. For any othgi significant and/or repeated violations of this section and/or any other appli ble laws and/or regulations. 5.110.060 Transfer of o er or's ermit. A. An operator's erm' shall not be valid for a location other than the property for which it is issued unless and unti the transfer of the permit is approved by the Finance Director purauant to the requirements of tion 5.110.060. B. Anoperator' ermit may not be transferred to any other person or-entity. No o eratoes permit issued v rsuant to this article shall be transferred or assigned or authorize My person or entity other t n the erson or entity named in the permit tooperate the group home named therein. 5 110 070 Revocation of operator's permit. An operator's permit may be revoked upon a hearing by the Finance Director pursuant to section 5.0000 300 for failing to comply with the terms of the permit and/or for failing to comply with the applicable provisions of section 5.110.050. t r' I e 349 5 110 080 Reapplication after denial or revocation. A. An applicant for an operator's permit whose application for such an operator's ermit as been denied may not apply for such an operator's permit fora period of six 6 months m the date such notice of denial was issued B. A holder of an o erator's ermit that has been cancelled revoked or otherwZeinvalidated may not reapply for an operator's or a user's permit fora period of six b moRfhs from the date that such revocation, cancellation or invalidation became final. 5.110.090 Compliance. A group home that is subject to the provisions of this article that i in existence as of the effective date of Lhis ordinance shall have one hundred twenty 20 days to comply with the provisions of this article. i 350 City of Huntington Beach r�� � .1909 pp„ � ✓ ` fl File #: 20-1677 MEETING DATE: 6/9/2020 PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Ursula Luna-Reynosa, Community Development Director BY: Hayden Beckman, Senior Planner SUBJECT: ZONING TEXT AMENDMENT NO. 19-005 (GROUP HOMES) REQUEST: To amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and create a new chapter of the Huntington Beach Municipal Code (HBMC) that together establish a set of regulations for Group Homes, Sober Living Homes, and Residential Care Facilities affecting Residential Districts Citywide. The four chapters of the HBZSO to be amended are Chapter 203 (Definitions), Chapter 204 (Use Classifications), Chapter 210 (Residential Districts), and Chapter 230 (Site Standards) - Section 230.28 Group Homes. The chapter of the HBMC to be added is Chapter 5.110 Group Homes. LOCATION: Residential Zoning Districts Citywide APPLICANT: City of Huntington Beach PROPERTY OWNER: Multiple Various Residential Property Owners BUSINESS OWNER: Multiple Various Business Owners STATEMENT OF ISSUE: Currently, the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) does not adequately identify or regulate group homes in all areas of the City. It is the intent of the City Council to develop an Ordinance that strikes an appropriate balance between the interests of the City and its residents to preserve residential neighborhood character, and the need to provide housing accommodations to disabled persons, including those in recovery from chemical addiction to reside in normalized City of Huntington Beach Page 1 of 11 Printed on 6/9/2020 powereWA,LegistarTM File #: 20-1677 MEETING DATE: 6/9/2020 residential environments. The Planning Commission shall consider the following: 1. Does the project satisfy all the findings required for approving a Zoning Text Amendment? 2. Has the appropriate level of environmental analysis been determined? RECOMMENDATION: That the Planning Commission take the following actions: A) Finds and determines that the project will not have any significant effect on the environment and is categorically exempt from the California Environmental Quality Act pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the amendment to the HBZSO will have a significant effect on the environment (Attachment No. 1). B) Forward Zoning Text Amendment No. 19-005 to City Council for consideration with a recommendation of approval (Attachment No. 1). ALTERNATIVE ACTION(S): A) Do not recommend approval of Zoning Text Amendment No. 19-005 to the City Council. PROJECT PROPOSAL: Background: At the September 16, 2019 City Council meeting by a vote of 7-0, the City Council directed the City Attorney to return to Council with one or more Ordinance(s) that regulates "Group Homes and Sober Living Homes" with an appropriate balance between the interests of the City and its residents to preserve residential neighborhood character and the need to provide reasonable accommodation for the disabled, including those recovering from chemical addiction, to reside in normalized residential environments. Like many California cities, the City of Huntington Beach has experienced a rise in the number of Group Homes within single family residential neighborhoods. A type of Group Home, commonly referred to as Sober Living Homes, are single family homes where many occupants reside while recovering from alcohol and drug addiction. These Sober Living Homes provide a place to live in "a residential setting" between detox and the resident's future housing. These homes are not required to be licensed by the State and are not allowed to provide services that State licensed alcoholism or drug abuse recovery or treatment facilities provide. The proliferation of Sober Living Homes in Huntington Beach has resulted in a substantial increase in complaints generated by neighbors and community members regarding the operation of these uses. Reported impacts of sober living homes include excessive amounts of noise, loitering, second-hand smoke, trash and debris, and increased parking demands within residential neighborhoods. Of particular concern are complaints regarding the over-concentration of sober living homes, and when City of Huntington Beach Page 2 of 11 Printed on 6/9/2020 powere'4 LegistarTI File #: 20-1677 MEETING DATE: 6/9/2020 in close proximity to one another, these uses may change the character of a residential neighborhood to a more institutional environment. The proposed amendments are intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of State law, by, among other things: (1) ensuring that Group Homes are actually entitled to the special accommodation and/or additional accommodation provided under the Huntington Beach Municipal Code and not simply skirting the City's land use regulations; (2) limiting the secondary impacts of Group Homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing an accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for the disabled and for recovering addicts to be successful in their programs. The proposed regulations will require Group Homes, including Sober Living Homes, to obtain a ministerial permit to operate in a manner consistent with the nature of the single-family residential neighborhoods in which they are located. The Federal Fair Housing Act (FHA) and California Fair Employment Housing Act (FEHA), prohibits cities from enforcing zoning laws that have the effect of discriminating against the disabled with regard to housing opportunities. A disabled person is defined by The Americans with Disabilities Act (ADA) as one that has: 1. A physical or mental impairment that affects one or more major life activities; 2. A history of recovery from alcoholism or illegal use of drugs; or 3. Has been regarded as having such impairment. The ADA protects persons in recovery from chemical addiction, even if they are no longer engaged in the illegal use of drugs and otherwise meet the definitions in the statute. Additionally, pursuant to the California Government and Welfare and Institutions Codes, and The Lanterman Developmental Disabilities and Services Act (Lanterman Act), people with developmental disabilities have the right to obtain the services and support they need to live like people without disabilities. A core purpose of this State law is to provide a broader range of housing options to the disabled, and to free the disabled to the extent possible from institutional style living. As such, a disabled person is afforded an equal opportunity to use and enjoy a residential dwelling. Likewise, pursuant to the California FEHA, individuals with physical and mental disabilities have the right under State law to rent, lease, or buy housing accommodations free from discrimination due to a disability. State law requires cities to treat certain state-licensed residential care facilities that provide care, services, and/or treatment serving six or fewer disabled tenants as a single family residential use. (As such, and consistent with State law, the existing HBZSO provides that both "Residential Alcohol Recovery, Limited" and "Residential Care, Limited" uses that house six (6) or fewer individuals are permitted by right in the City's Residential districts.) The Health and Safety Code does not regulate supportive living facilities that provide no treatment, and the HBZSO does not currently classify such a use specifically, which has encumbered the City's ability to effectively mitigate impacts from such uses. Finally, the California Constitution and Huntington Beach Charter grants broad police powers to Huntington Beach to preserve the residential characteristics or its various types of residential zones. It is the intent of the City Council to develop an Ordinance that strikes an appropriate balance between the interests of the City and its residents to preserve residential neighborhood character, City of Huntington Beach Page 3 of 11 Printed on 6/9/2020 powereW LegistarT11 File #: 20-1677 MEETING DATE: 6/9/2020 and the need to provide housing accommodations to disabled persons, including those in recovery from chemical addiction to reside in normalized residential environments that promote effective recovery. State and Federal laws require the City to make reasonable accommodations in its zoning laws when such accommodation is reasonably necessary to afford the disabled the opportunity to use and enjoy a dwelling. The proposed Ordinance will apply to all districts Citywide, but affect only residential districts. Study Session: The Planning Commission held a study session for ZTA No. 19-005 on May 26, 2020. In addition to minor text adjustments, the Commission asked staff to return with information regarding the following items: • HBZSO Chapter 230.28 (B)(1)(k)(ii) - What is the final option for an operator who is in the process of evicting a tenant if that operator cannot find a facility or agency willing to accept them? Staff added W the operator cannot find accommodation, the occupant must continue to house on premises until such accommodation can be found for the occupant"to Chapter 230.28 (B) (1)(k)(ii). • Clarify definition of Boarding House. Can we add language to Use Classification to Group Residential to exclude Single Housekeeping Units? Upon further consideration, the proposed definition of Boarding House was revised. However, the distinctions of the proposed definitions of both Boarding House and Group Residential are of legal significance and staff does not recommend further modification. • Can the requirements include a blanket buffer for GH/SLH to also be minimum 1000 feet from any City boundary to avoid cross-jurisdictional overconcentration? A buffer requirement from City boundaries has not been legally tested by the Courts and is therefore not recommended. The proposed 1000' buffer is in excess of the 650' buffer that has been tested and any additional deviations could be a future issue. • How does a Referral Facility become a Referral Facility? Does an applicant have to declare that upon application to the City? The operator of any existing or future Group Home, Sober Living Home, or Residential Care Facility may choose to accept residents as ordered from a court or similar directive, thus classifying their operation as a Referral Facility. As such, the operator is responsible for identifying this element of operation to the City and staff will build into the applications for a Special Use Permit or Conditional Use Permit a statement requiring that the operator identify whether they intend to operate as a Referral Facility. • Can the City tie the revocation of an Operator's Permit to a corresponding Conditional Use Permit for the same property and operator? City of Huntington Beach Page 4 of 11 Printed on 6/9/2020 powerel%$y LegistarTM File #: 20-1677 MEETING DATE: 6/9/2020 A recommended condition of approval will be included with the Planning Commission's review of any Group Home Conditional Use Permit Home that will require a valid Operator's Permit for the duration of the operation of said Group Home. The condition will identify that should an Operator's Permit be revoked by the Finance Director, a hearing shall be held to formally revoke the corresponding Conditional Use Permit by the Planning Commission. • Are there any recent relevant legislative updates? The City of Costa Mesa is in various stages of litigation concerning their Group Home Ordinance. The litigation spans from the earliest which is an administrative appeal of a denial of a SUP to a pending case before a trial court to a case appealed to the Ninth Circuit Court of Appeal. ISSUES AND ANALYSIS: General Plan Conformance: The proposed ZTA is consistent with the goals and policies of the City's General Plan including: Land Use Element Policy LU-2 (D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Policy LU-4 (A): Encourage a mix of residential types to accommodate people with diverse housing needs. Housing Element Goal H-1: Maintain and enhance the quality and affordability of existing housing in Huntington Beach. Policy H-1.1: Preserve the character, scale, and quality of established residential neighborhoods. Policy H-5.1: Continue to enforce fair housing laws prohibiting arbitrary discrimination in the building, financing, sales, or rental of housing on the basis of race, religion, family status, national origin, physically (sic) disability or other factors. Policy H-5.3: Support the provision of permanent, affordable, and accessible housing that allows persons with disabilities to live independent lives. Provide assistance to residents making accessibility improvements to their homes. The ZTA will provide the City appropriate regulations to reduce impacts of existing and future group City of Huntington Beach Page 5 of 11 Printed on 6/9/2020 powereMj LegistarTM File #: 20-1677 MEETING DATE: 6/9/2020 homes, sober living homes, and residential care facilities thereby preserving the residential neighborhood character of the communities in which they operate. Further, the ZTA promotes effective recovery for disabled persons, including those suffering from the effects of alcoholism or illegal use of drugs, by providing housing accommodations in normalized residential environments. Zonin_g Compliance: The following provides a review of the proposed amendments organized by each Chapter. A. CHAPTER 203 DEFINITIONS To provide context to the scope of changes in this ZTA, several new definitions must be established in Chapter 203 Definitions, identified below. - Modify existing definition of Boarding House - Add Disabled - Add Fair Housing Laws - Add Household - Add Integral Facilities - Add Integral Uses - Add Operator - Add Single Housekeeping Unit These definitions work in concert with the other elements of the proposed ZTA to more clearly define specific uses as they pertain to the regulation of Group Homes in Huntington Beach. B. CHAPTER 204 USE CLASSIFICATIONS To provide for the regulation of Group Homes, including Sober Living Homes, this ZTA will establish four new use classifications in Chapter 204 Use Classifications. Staff is summarizing them below in order to introduce and differentiate each classification. Group Home A residential unit utilized as a supportive living environment for people meeting the legal definition of disabled. • Provides housing only for a classified group of people. No medical care, services, or treatment can take place in a Group Home o Only State licensed facilities can provide care, services, or treatment under State law (see Residential Care Facilities) Sober Living Home Sober Living Homes are also Group Homes, but specifically for people recovering from a chemical addiction that meet the legal definition of disabled. • Provides housing only that is primarily meant for people who have just come out of rehab and need a place to live that is structured and supportive for those in recovery. • For the purposes of the Ordinance, a Sober Living Home is not state licensed. • No medical care, services, or treatment can occur in a Sober Living Home o Only State licensed facilities can provide care, services, or treatment under State law (see Residential Care Facilities) City of Huntington Beach Page 6 of 11 Printed on 6/9/2020 powereV9,Legistarlm File #: 20-1677 MEETING DATE: 6/9/2020 Residential Care Facilities (RCF) A State Licensed residential facility where care, services, or treatment are provided to persons living in a community residential setting. • Provide housing and care/treatment for the elderly, developmentally disabled, chronically ill, and chemical addiction treatment facilities, among others. • RCFs that specifically provide drug and or alcohol abuse treatment are licensed by the Department of Health Care Services (DHCS) and are known as alcoholism or drug abuse recovery or treatment facilities. o Homes are required to be licensed by the DHCS when at least one of the following services is provided: detoxification, group counseling sessions, individual counseling sessions, educational sessions, or alcoholism or drug abuse recovery or treatment planning. Referral Facility Either a Residential Care Facility, Group Home, or Sober Living Home where one or more person's residency is per a court order or similar directive. Referral facilities must follow the permit procedure according to the base use classification, and are not permitted in the RL zone. C. CHAPTER 210 RESIDENTIAL DISTRICTS In addition to establishing the new Definitions and Use Classifications identified above, this ZTA will also amend Chapter 210 Residential Districts to provide reference to land use controls and new requirements for Group Homes in Residential Districts (Legislative Drafts attached for reference). These changes are summarized below. 1. Add "Group Homes Including Sober Living Homes" to Land Use Controls matrix and create Additional Provision L-8: o A Group Home (GH) or Sober Living Home (SLH) with six (6) or fewer residents • In all Residential districts, requires a ministerial Special Use Permit (SUP) from the Community Development Director; and ■ Any SLH shall be one thousand (1000) feet from any other property that contains a GH, SLH, or RCF pursuant to Chapter 230.28 o A GH or SLH with seven (7) or more residents ■ Not permitted in the RL zone ■ In all other Residential Districts, requires a CUP from the Planning Commission; and • An Operator's Permit that complies with Huntington Beach Municipal Code (HBMC) Section 5.110; and • The GH or SLH (with 7 or more residents) shall be one thousand (1000) feet from any other property that contains a GH or SLH. o An applicant for a GH or SLH may seek relief from strict application of the requirements of Additional Provision L-8 by applying for reasonable accommodation pursuant to HBMC 17.77. City of Huntington Beach Page 7 of 11 Printed on 6/9/2020 powere1l7b1 LegistarT" File #: 20-1677 MEETING DATE: 6/9/2020 2. Add "Referral Facility" to the Land Use Controls matrix and create Additional Provision L-9: o Referral Facilities are not permitted in the RL zone; and ■ No Referral Facility may be located: • Within five hundred (500) feet of property that is zoned either RL or Specific Plan Residential Low Density, or • Within five hundred (500) feet of a school, park, place of worship, or licensed day care facility. o Referral Facilities must have an on-site manager 24/7 o Referral Facilities may not admit a resident convicted of specific crimes 3. Add "Residential Care Facility" to the Land Use Controls Matrix and create Additional Provision M. o Certain Residential Care Facilities are Permitted (P), and certain Residential Care Facilities require a CUP from the Planning Commission. The "P/PC" listing refers to this differentiation. o Additional Provision (T) ■ Identify that unlicensed Residential Care Facilities are not permitted in any R district ■ State licensed Residential Care Facilities serving six (6) or fewer residents are permitted in all R districts ■ State licensed Residential Care Facilities serving seven (7) or more residents in all R districts require a CUP from the Planning Commission D. CHAPTER 230.28 GROUP HOMES Finally, this ZTA will add a new section to Chapter 230 Site Standards, Article I. Residential Districts. Titled Chapter 230.28 Group Homes, this section represents the appropriate placement for new regulations that will be applicable to Group Homes in Residential Districts. Special Use Permit (SUP) Chapter 230.28 will identify that a Group Home that may otherwise be considered an unpermitted use may locate in a Residential District subject to the approval of a Special Use Permit (SUP) by the Community Development Director, provided that the Group Home is in compliance with applicable regulations. Should the Ordinance be adopted, all existing Group Homes as well as any new proposed Group Home will be required to obtain a SUP. The SUP is ministerial and may be granted when a complete application is submitted to the Community Development Director that provides the following: 1. The name, address, phone number, and driver's license number of the owner, operator, and house manager; 2. A copy of the Group Home rules and regulations; 3. Written intake procedures; 4. The relapse policy (if applicable, depending on the type of Group Home); City of Huntington Beach Page 8 of 11 Printed on 6/9/2020 poweret7b� LegistarTM File #: 20-1677 MEETING DATE: 6/9/2020 5. An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by State and Federal law shall reside at the Group Home; 6. Blank copies of all forms that residents and potential residents are required to complete; and 7. A fee for the cost of processing the application as set by resolution by the City Council. Only basic information will be required to submit an application for a SUP, and the internal procedures and forms will be provided to applicants. Compliance with the application requirements should not present any significant hardship, since the requirements are in line with the routine capabilities expected from a professionally operated Group Home. In general, the operational requirements to maintain a SUP include the following: no more than seven (7) tenants may reside in a Group Home, one of which must be a house manager. If the dwelling unit has a secondary accessory unit, occupants of both units will be combined to determine whether or not the limit of six (6) occupants has been exceeded. A Group Home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose. The SUP also requires garage and driveway spaces to be available and used for parking of vehicles and limits each tenant to one vehicle, which must be operable and used as a primary form of transportation. In addition to the requirements for Group Homes outlined above, Chapter 230.28 will also identify that the following shall specifically apply to Sober Living Homes: 1. Sober Living Homes are prohibited from locating within one thousand (1000) feet of each other. 2. All occupants, other than the house manager, must be actively participating in legitimate recovery programs with supporting documentation required. 3. The Sober Living Home's rules and regulations must prohibit the use of any alcohol or non- prescribed drugs at the Sober Living Home or by any recovering addict either on or off site. Violation of the no drug policies are grounds for eviction for 90 days for the first offense. Any second violation of this rule shall result in permanent eviction. 4. The number of sex offenders in any group home shall be no more than one, pursuant to the applicable provisions of the Penal Code. 5. Each Sober Living Home shall have a written visitation policy that precludes any visitors who are under the influence of any drug or alcohol. 6. The Sober Living Home shall have a good neighbor policy that shall direct the occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane, or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received. 7. The Sober Living Home shall not provide any of the following services as they are defined by the California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. Chapter 230.28 will also provide provisions for requests for reasonable accommodation, cause for denial or revocation of a Special Use Permit, and compliance with the proposed regulations. If the Zoning Text Amendment is adopted by Ordinance, existing Group Homes, including Sober Living Homes, will have 90 days to apply for a Special Use Permit. Group Homes will have one year from the effective date of the Ordinance to comply with its provisions, provided that any existing group home, which is serving more than six (6) residents, must first comply with the six (6) resident City of Huntington Beach Page 9 of 11 Printed on 6/9/2020 powereW4 LegistarTM File #: 20-1677 MEETING DATE: 6/9/2020 maximum. Conditional Use Permit Finally, Chapter 230.28 will require a Conditional Use Permit to permit the operation of a Group Home, including Sober Living Homes, or Residential Care Facility with seven (7) or more occupants in the RM, RMH, RH, RMP, Specific Plan Residential and Specific Plan Mixed Use zones. This CUP requirement will be processed to the Planning Commission. A Group Home or Residential Care Facility will be prohibited in the RL zone and these stipulations are reflected in the Land Use Controls matrix of Chapter 210. In addition to the Conditional Use Permit requirement, Group Homes or Residential Care Facilities with seven (7) or more occupants are subject to the following requirements: 1. The Group Home or Sober Living Home shall be at least one thousand (1000) feet from any other property that contains a Group Home, Sober Living Home, or State-licensed Residential Care Facility; and 2. An application for an Operator's Permit that complies with Chapter 5.110 of the Huntington Beach Municipal Code (HBMC). OPERATOR'S PERMIT In addition to the ZTA, the Huntington Beach Municipal Code Chapter 5.110 Group Homes will be amended to add a requirement that a Group Home obtain an Operator's Permit. Since Group Homes with more than seven (7) residents will be expressly prohibited in the RL zone, the Operator's Permit requirement applies to Group Homes with seven (7) or more residents in the RM, RMH, RH, RMP, Specific Plan Residential or Specific Plan Mixed Use zones. The Operator's Permit requirement does not apply to: 1. A Group Home that has six (6) or fewer occupants, not counting a house manager, that is in compliance with Chapter 230.28 of the HBZSO; 2. A state-licensed alcoholism or drug abuse recovery or treatment facility; or 3. A state-licensed residential care facility. An application for an Operator's Permit will be submitted to the Finance Director and must include similar information to that of a Special Use Permit. A Group Home subject to the provisions of Chapter 5.110 that is in existence as of the effective date of the Ordinance will have 120 days to comply with the provisions. Urban Design Guidelines Conformance: Not Applicable. Environmental Status: ZTA No. 19-005 is categorically exempt from the California Environmental Quality Act pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the amendment to the HBZSO will have a significant effect on the environment. City of Huntington Beach Page 10 of 11 Printed on 6/9/2020 powere174 LegistarTI File #: 20-1677 MEETING DATE: 6/9/2020 Coastal Status: The proposed amendment will be forwarded to the California Coastal Commission as a minor Local Coastal Program Amendment for certification. Design Review Board: Not Applicable. Subdivision Committee: Not Applicable. Other Departments Concerns and Requirements: Should ZTA 19-005 be adopted by the City Council, the proposed regulations will require the development of application forms and review and approval processes to accommodate the dispensation of Special Use Permits by the Community Development and Operator's Permits by the Finance Department. Public Notification: Legal notice was published in the Orange County Register on May 28, 2020 and notices were sent to individuals/organizations requesting notification (Planning Division's Notification Matrix). As of June 3, no communications regarding the request have been received Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Not applicable Legislative Action - Not applicable SUMMARY: Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment No. 19-005 with findings and forward to the City Council based on the following: • Codifies new use classifications that modernize the HBZSO • Provides appropriate regulations and permit processes to reduce operational impacts of existing and future group homes, sober living homes, and residential care facilities • Provides housing accommodations to disabled persons to reside in normalized residential environments • Promotes effective recovery for persons suffering from the effects of alcoholism or illegal use of drugs • Preserves residential neighborhood character • Consistent with General Plan goals and policies ATTACHMENTS: 4 & City of Huntington Beach Page 11 of 11 Printed on 6/9/2020 powereVr5j LegistarTl 7/7/2020 ZONING TEXT AMENDMENT NO. 19-005 (GROUP HOMES) City of Huntington Beach City Council July 6, 2020 ZONING TEXT AMENDMENT NO. 19-005 Background • City Council direction September 16, 2019 • Provide reasonable accommodation for the disabled • Preserve residential neighborhood character SUPPLEMENTAL COMMUNICATION Medng Date: 1 Agenda Nem No.�,' ` z 0 7/7/2020 ZONING TEXT AMENDMENT NO. 19-005 Background • Federal Fair Housing Act (FHA) and California Fair Employment Housing Act (FEHA) • Americans with Disabilities Act (ADA) • CA Government Code, Welfare and Institutions Code, and Lanterman Act L TEXT AMENDMENT NO. 19-005 • Laws intend to free disabled from institutional style living • Certain State-licensed `residential care facilities' considered a single family residential use • Provide care, services, and/or treatment • 6 or fewer disabled tenants • Unregulated supportive living facilities • No care, services, and/or treatment • HBZSO does not currently classify these uses 2 7/7/z0z0 ZONING TEXT AMENDMENT NO. 19-005 Amendments 1. Chapter 203 Definitions • Add 8 new definitions 2. Chapter 204 Use Classifications • Establish 4 new Use Classifications: • Group Home • Sober Living Home • Residential Care Facility • Referral Facility ZONING TEXT AMENDMENT NO. 19-005 Chapter 204 Use Classifications • Group Home • A residential unit used as a supportive living environment for the disabled • Provide housing only • No medical care,services, or treatment • Sober Living Home • A Group Home specifically for disabled people recovering from a drug and/or alcohol addiction • Not State licensed • Provide housing only • No medical care,services,or treatment 3 7/7/2020 OWN ZONING TEXT AMENDMENT NO. 19-005 Chapter 204 Use Classifications • Residential Care Facility(RCF) • Must be State-licensed • Provide housing and medical care, services, or treatment • Supportive living environment for elderly, developmentally disabled, chronically ill, among others • Referral Facility • Either a RCF, Group Home, or Sober Living Home • 1 or more person's residency is per a court order or similar directive ZONING TEXT AMENDMENT NO. 19-005 3. Chapter 210 Residential Districts Add "Group Homes Including Sober Living Homes" and create Additional Provision L-8: o A Group Home (GH) or Sober Living Home (SLH) with 6 or fewer residents • Requires Special Use Permit (SUP) from the Community Development Director • Any SLH shall be one thousand (1000) feet from any other property that contains a GH, SLH, or RCF 4 7/7/20z0 ZONING TEXT AMENDMENT NO. 19-005 Additional Provision L-8 (continued): o A GH or SLH with 7 or more residents • Not permitted in the RL zone • Otherwise CUP from the Planning Commission; and • An Operator's Permit • The GH or SLH (with 7 or more residents) shall be one thousand (1000) feet from any other property that contains a GH or SLH ZONING TEXT AMENDMENT NO. 19-005 Chapter 210 Residential Districts Add "Referral Facility" to the Land Use Controls matrix and create Additional Provision L-9: o Not permitted in the RL zone o May not be located: • Within five hundred (500) feet of property that is zoned either RL or Specific Plan Residential Low Density, or • Within five hundred (500) feet of a school, park, place of worship,or licensed day care facility. 5 7/7/2020 Zama ZONING TEXT AMENDMENT NO. 19-005 Chapter 210 Residential Districts Add "Residential Care Facility" and create Additional Provision (T): • Unlicensed RCFs not permitted • State licensed Residential Care Facilities (RCF)serving 6 or fewer residents are Permitted (P) • State licensed RCFs serving 7 or more residents require a CUP from the Planning Commission (PC). ZONING TEXT AMENDMENT NO. 19-005 Chapter 230 Site Standards Add Chapter 230.28 Group Homes • Group Home subject to approval of a Special Use Permit (SUP) • Applies to existing and future Group Homes • Ministerial approval • Director's decision appealable to the Planning Commission • Additional requirements 6 7/7/2020 ZONING TEXT AMENDMENT NO. 19-005 Chapter 230.28 Group Homes (continued) • Sober Living Homes also subject to a SUP • Prohibited from locating within 1000 feet of each other • Group Homes and Sober Living Homes will have 90 days to apply for SUP • One year from effective date of Ordinance to comply with proposed provisions ZONING TEXT AMENDMENT NO. 19-005 Chapter 230.28 Group Homes (continued) • Group Home, Sober Living Home, or Residential Care Facility with 7 or more occupants • Prohibited in RL zone • All other R Districts require a CUP from the Planning Commission • Minimum 1000 feet from any other property that contains a Group Home, Sober Living Home, or RCF • Operators Permit pursuant to HBMC Chapter 5.110 7 7/7/2020 ZONING TEXT AMENDMENT NO. 19-005 HBMC Chapter 5.110 Group Homes • Operator's Permit • Group Home, Sober Living Home, or Residential Care Facility with 7 or more occupants located outside RL Zone • Similar to a Special Use Permit • 120 days to comply ZONING TEXT AMENDMENT NO. 19-005 • Ministerial approval to operate a Group Home • Reasonable accommodation for the disabled • Preserve the residential character of single-family neighborhoods • Limit secondary impacts • Enhance opportunity for disabled and recovering addicts to be successful 8 7/7/2020 Staff and Planning Commission Recommendation Approve for Introduction Ordinance Nos. 4214, 4212, 4215, 4216, and 4213, approving Zoning Text Amendment (ZTA) No. 19-005 and Municipal Code Amendment adding Chapter 5.110 Questions ? 9 From: Undisclosed To: suoolementaIcomm(&surfoty-hb.ora Subject: Meeting 7/6 Agenda item#18 20-1717 Date: Sunday,July 5,2020 9:50:55 PM Hello, I wanted to encourage the City Council to please approve item #18 20-1717 that includes the Zoning Text Amendment No. 19-005. These new items are desperately needed in order to begin the process of limiting and regulating the Sober Living Homes/Recovery Homes that are starting to crop up in our neighborhoods. We live on Ashworth Circle and it had been 12 men at 19622 Ashworth Circle- but guess what? ANOTHER man moved in on 4th of July, with his 3 dogs!! Where does it end?? We only want to have our neighborhood be just that, a family neighborhood. Thank you for all your work-we appreciate you! #norecoveryonashworth (you may read my email at the meeting if you chose to do so) SUPPLEMENTAL COMMUNICATION Meeting Date: /& Agenda Item No..* I8 �o O- /5/7) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, July 6, 2020, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item: ❑ 1. ZONING TEXT AMENDMENT NO. 19-005 (GROUP HOMES) Applicant: City of Huntington Beach Request: To amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and create a new chapter of the Huntington Beach Municipal Code (HBMC) that together establish a set of regulations for Group Homes, Sober Living Homes, and Residential Care Facilities in Residential Districts Citywide. The four chapters of the HBZSO to be amended are Chapter 203 (Definitions), Chapter 204 (Use Classifications), Chapter 210 (Residential Districts), and Chapter 230 (Site Standards) — Section 230.28 Group Homes. The chapter of the HBMC to be added is Chapter 5.110 Group Homes.The Planning Commission held a public hearing on Zoning Text Amendment No. 19-005 on June 9, 2020, and recommended approval to the City Council. Location: Citywide City Contact: Hayden Beckman NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that Items #1 will require a Local Coastal Program Amendment certified by the California Coastal Commission. 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 the City Clerk's Office or online at http://www.huntingtonbeachca..gov on Thursday, July 2, 2020. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Community Development Department at (714) 536- 5271 and refer to the above items. Direct your written communications to the City Clerk Robin Estanislau, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 714-536-5227 http://huntingtonbeachca.gov/HBPublicComments/ Moore, Tania From: Sandra Campos <scampos@scng.com> Sent: Tuesday,July 7, 2020 1:04 PM To: Moore,Tania Subject: Re: FW: PH Notice - ZTA No. 19-005 June 25, 2020 Attachments: Affidavit Ad # 11391907.pdf Hi Tania, Here you go. Sandra Campos Orange County Register 2190 Towne Centre Place Anaheim,CA 92806 Main Line: 714-796-2209 Direct Line: 714-796-6748 Email: scamuos(a,scnQ.com * PLEASE NOTE NEW EMAIL ADDRESS x On Tue, Jul 7, 2020 at 12:33 PM Moore, Tania<Tania.Mooreksurfcity-hb.org> wrote: Good afternoon Sandra— May I please have the affidavit for this one when you have a moment? Thank you, Tania Moore Deputy City Clerk City Clerk's Office 714-536-5209 i tania.moore(cDsuftity-hb.org From: Sandra Campos<scampos@scng.com> Sent: Wednesday,June 17, 2020 2:51 PM To: Moore,Tania <Tania.Moore@surfcity-hb.org> Cc: Switzer, Donna <Donna.Switzer@surfcity-hb.org> Subject: Re: FW: PH Notice-ZTA No. 19-005 June 25, 2020 Hello, Below is the proof for your review, please make sure all is correct. If it is not please send the corrections and I will send a new proof with your corrections. Once the proof is approved you need to write back, "approved, ready to publish as is" Your ad will be published just as it was approved. If you need to re-publish your previously approved notice we will need to charge you to re-publish. Cost$296.00 /Ad #11391907 to publish in the Huntington Beach Wave on June 25, 2020 PROOF: 2 NOTICE OF PUBLIC HEARIN BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE 6 HEREBY GIVEN that on Monday.July 6,2020.at E 00 p.m.in the Go Council Chambers.2000 Main Street Huntington Beach.the City Council wall hold a public hearing on the following planning and zuning tarn 1.Zoning Text Amendment No.19-005{GROUP HOMES)Applicant:City ofHuntiegton Beach Bequest To amend tour chapters of the Huntington Beach Zoning and Subdivision ordinance;HBZSO).anc create a nekv chapter of the Huntington Beach Municipal Code(HBMC}that together ust lblish a sot of wgul rUnns far Group Humes. Sober Living Homes,and Residential Cane Facilities an Residential Districts Citywide The four chapters of the HBZSO to be amended are Chapter 203 IDefinitimsr Chapter 204(Use Classifications).Chapter 210(Residential Districts).and Chapter 230(Site Standards)--Section 230.20 Group Homes.The chapter of the HBMC to be added is Chapter 5.11 n Group Homes.The Planning Comrngssion hold a public hearing on Zoning Text Amendment No,'9-005 on June 9,2020.and recommended approval to the City Council.Lwadon:Citywide ftConlact:Hayden Beckman NOTICE IS HEREBY GIVEN that Min Al is categorically exempt from the provisions of tine California Environmental Quality Act. NOTICE IS HEREBY GIVEN that Items 91 evil I requ ire a Local Coastal Program Amendment certified by the Califomia Coastal Commission. N FILE: A Copy of the proposed request is on file in the Crimmundy Devefopment DeWmertt,2000 Main Street.Htritington Beach,Cal6rnia 92648,tar inspection by the public.A copy of the staff report will be available to interested parties at the City Clerk's Office or online at fTn ilwviw huntinomrtbeachca.00v on Thursday,July 2,2020. ALL INTERESTED PERSONS arc invited to attend said hearinq and express opinions or submit evidence tar or agar-st the application as outlined above If you challenge the City Council's action in court,yo. may be limited to raising ony 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 peior to.the public hearing.If there are any further questions please call the Community Deve(upmunt Department at(7141 5.16.5271 and refer to the above items Direct your writte^communications to the City Clerk Robin Esstanislau,E ty U erk C6-of Huntington Beach 2000 Main Strnnt,2nd Fluor Huntington Beach,California 92648 714-536-5227 hltp::�huntittq:on�ychra-qov;HBPuhlicCommerttsi Sandra Campos Orange County Register 2190 Towne Centre Place Anaheim,CA 92806 Main Line: 714-796-2209 Direct Line: 714-796-6748 Email: scam pos(a)scnt=.com * PLEASE NOTE NEW EMAIL ADDRESS 3 On Tue, Jun 16, 2020 at 9:43 AM Moore, Tania<Tania.Moore(asurfcity-hb.org>wrote: Good morning Sandra— I received Chrissy's out of office. Will you please assist me with the below request? Thank you, Tania Moore Deputy City Clerk City Clerk's Office 714-536-5209 tania.moore(W-suftity-hb.org From: Moore, Tania Sent: Tuesday, June 16, 2020 9:37 AM To: 'Christine Gonzalez' <cgonzales e,scng com> Cc: Switzer, Donna<Donna.Switzer&surfcity-hb.org> Subject: PH Notice - ZTA No. 19-005 June 25, 2020 Good morning Chrissy, Please publish the attached Notice of Public Hearing one time, legal, on 6/25/20. Thank you, 4 Tania Moore Deputy City Clerk City Clerk's Office 714-536-5209 tania.mooreCcDsurfcity-hb.org 5 Huntington Beach Wave PROOF OF PUBLICATION 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 Legal No. 0011391907 714-796-2209 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday,July 6,2020.at 6:00 p.m.in the City Council Chambers,2000 Main Street,Huntington Beach,the City Council will hold a public hearing 5190751 on the following planning and zoning item: 1.Zonina Text Amendment No.19-005(GROUP HOMES)Applicant:City of Huntington HUNTINGTON BEACH, CITY OF Beach Reauest: To amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance(HBZSO),and create a new chapter of the Huntington Beach CITY CLERK DEPARTMENT Municipal Code(HBMC)that together establish a set of regulations for Group Homes, 2000 MAIN ST Sober Living Homes,and Residential Care Facilities in Residential Districts Citywide. HUNTINGTON BEACH, CA 92648-2763 The four chapters of the HBZSO to be amended are Chapter 203(Definitions),Chapter 204(Use Classifications),Chapter 210(Residential Districts),and Chapter 230(Site Standards)—Section 230.28 Group Homes.The chapter of the HBMC to be added is Chapter 5.110 Group Homes.The Planning Commission held a public hearing on Zoning Text Amendment No.19-005 on June 9,2020,and recommended approval to FILE NO. GAN N 2020-2021 the City Council.Location:Citywide City Contact:Hayden Beckman NOTICE IS HEREBY GIVEN that Item#1 is categorically exempt from the provisions of the AFFIDAVIT OF PUBLICATION California Environmental Quality Act, NOTICE IS HEREBY GIVEN that Items#1 will require a Local Coastal Program Amendment STATE OF CALIFORNIA, certified by the California Coastal Commission. ON FILE- SS. copy of the proposed request is on file in the Community Development $S. Department,2000 Main Street,Huntington Beach,California 92648,for inspection by the County of Orange public.A copy of the staff report will be available to interested parties at the City Clerk's Office or online at htto://www.huntingtonbeachca.Qov on Thursday,July 2.2020. 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 I am a citizen of the United States and a resident of the else raised at the public hearing described in this notice,or in written correspondence County aforesaid, I am over the age of eighteen years, and delivered to the City at,or prior to,the public hearing.If there are any further questions not a party to or interested in the above entitled matter. I please call the Community Development Department at(714)536-5271 and refer to the above items.Direct your written communications to the City Clerk am the principal clerk of the Huntington Beach Wave, a Robin Estanislau,City Clerk newspaper that has been adjudged to be a newspaper of City of Huntington Beach general circulation by the Superior Court of the County of 2000 Main Street,end Floor Orange, State of California, on July 1, 1998, Case No. Huntington Beach,California 92648 714-536-5227 A-185906 in and for the City of Huntington Beach, County htto://hunbnotonbeachca.9ov/HBPublieComments/ of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in o each regular and entire issue of said newspaper and not in o any supplement thereof on the following dates, to wit: 2 4 _n TEc,-� r C7 06/25/2020 0:� r Zn < tr, S� co-�3i: o I certify(or declare) under the penalty of perjury under the ? w laws of the State of California that the foregoing is true '-J and correct: Executed at Anaheim, Orange County, California, on Date: June 25, 2020. Signature 1 x s/Z�//?Gt�1CPj /le" Chapter 204 USE CLASSIFICATIONS 204.02 Applicability Use classifications describe one or more uses having similar characteristics,but do not list every/use or activity that may appropriately be within the classification. The director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any,classification in this title. The director may determine that a specific use shall not be deemed to be within a classification, if its characteristics are substantially different than those typical of uses named within the classification.The director's decision may be appealed to the Planning Commission (3334-6/97, 4175- 3/19, 4183-10/19) 204.04 Uses Not Classified Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning provisions by a Zoning and Subdivision Ordinance text amendment, as provided in Chapter 247. Such an incorporation shall not bee ective unless certified by the Coastal Commission as a Local Coastal Program amendment. (3334-6/97,4175-3/19, 4183-10/19) 204.06 Residential Use Classifications A. Day Care,Limited (or Small-Family Non-medical care and supervision of six or fewer persons, or eight or fewer persons if two the persons are six years of age or older, on a less than 24-hour basis. Children under the ageQ4 10 years who reside in the home shall be counted for purposes of these limits. This classif ation includes nursery schools, preschools, and day-care centers for children and adults. B. GroupHome. A facili at is beingused as a supportive livingenvironment for ersons who are considered disabl d unde State or Federal law. A GroupHome o erated b a sin le o erator or service provider whether censed or unlicensed constitutes a single facility,whether the facili occupies one La or mor dwellin units. Grouphomes shall not include the followin : 1 residential care facilit' s 2 an unit operating as a single housekee in unit. C. Group Resid ntial. Shared living quarters without separate kitchen or bathroom facilities for each room or un' . This classification includes boarding houses, but excludes residential hotels or motels, and Gr u Homes. D. Multi mily Residential.Two or more dwelling units on a site. This classification includes manufact ed homes. E f rr 1 Facility-A R i ntial re Fa ili Grou H m or b r Livin H m wh r one more erson's residencyin the facility is ursuant o a court order or directive from an a in the criminal justices stem. Re i nil Care Facility.A residential facility licensed by the ate where care, servi r treatment is provided to persons living in a supportive community residential setting Residential /// care facilities include but may not be limited to the following: intermediate care facilities for the developmentally disabled (Health & Safety Code §& 1267.8, 1267.9): community care facilities (Health & Safety Code § 1500 et seg.); residential care facilities for the elderly(Health & Safety Code & 1569 et seg.); residential care facilities for the chronically ill(22 C.C.R.I 87801(a)(5)• Health& Safety Code & 1568.02)• alcoholism and drug abuse facilities (Health& Safety Code §§ 11834 02-11834 30) pediatric day health and respite care facilities(Health& Safety Code 8 1760 et seg.); residential health care facilities, including congregate living health facilities(Health & Safety Code � 1265-1271.1. 1250(i). 1250(e). (h)): family care home, foster home group home for the mentally disordered or otherwise disabled persons or dependent and neglected children (Wel. &Inst. Code §S 5115-5120). ,r'' f, Residential Aleehol ' !' �, on of assistanee. Residential Care, Limited. Twentt,four hour-fien medieal eafe �af S.— Per-SEMS in need of living. This elassi Pe�ation ineleddes only those sefviees and ffflefliticas Ii-e-4-s-Ad by th-S Stftte Of ram.,if„; /na G Single-Family Residential Buildings containing one dwe.11I unit located on_a since This classification includes manufactured homes. H Sober Living Home A Group Home for persons who are recovering from a drug and/or alcohol addiction and who are considered disabled under State or Federal law. Sober Living Homes shall not include the following: (1) residential care facilities; (2�any unit operating as a single housekeep in unit. ISupportive Housing_. Housing with no limit%on length of stay that is occupied by the target population and is linked to on-site-or off-site services that assist residents to retain the housing improving his or her health status and maximizing his or her ability to live and, when possible, work in the community. On-site and off-site services may include, but are not limited to, after- school tutoring child care and career c/ounseling. Supportive housing uses are subject t only to those restrictions and processing re uirements that apply to other residential dwellings of the same type in the same zone. J. Transitional Housing Tem'norary housing(generally six months to two years)for a homeless individual or family who is transitioning to permanent housing This type of housing includes multi- family unit developments and often includes a supportive services component to allow individuals to gin necessary life -I-:"- - support of independent living Transitional housing uses are subiect only to those restrictions ajidprocessing requirements that apply to other residential dwellings of the same=ty2Lkn the sa e zone. 3334-6/97 3669-12/04 3857-2/10 4175- /19 4183-10/19 204.08 Public an /emipublic Use Classifications A. Ceme ry. Land used or intended to be used for the burial of human remains and dedicated for cemetery urposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery, business and administrative offices, chapels, flower shops, and necessary maintenance facilities. 1Clubs and Lodges.Meeting, recreational, or social facilities of a private or nonprofit anization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers. e f-. C. Community and Human Service Facilities. 1. Drug Abuse Centers. Facilities offering drop-in services for persons sufferingffom drug abuse, including treatment and counseling without provision for on-site residence or confinement. 2. Primary_ Health Care. Medical services, including clinics, counseling.and referral services, to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement. '/ f` 3. Emergency Kitchens. Establishments offering food for the homeless" and others in need. 4. Emergency Shelters. Establishments offering food and shelter programs for"homeless" people and others in need. This classification does not incl de facilities licensed for residential care, as defined by the State of California, which provided upervision of daily activities. 5 ' rf , t •f t t o t th f,.:t;ties,lieensed by the State ,.Calif mi r 6. Residential Care, General. Twenty.4our-hour non-medical care for seven or more persons, including wards of the juvenile couryfn need of personal services, supervision,protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the State of California. NO FURTHER CHA GES TO HBZSO CHAPTER 204 PROPOSED REMAINDER`OMITTED FROM LEGISLATIVE DRAFT ff/ f , rl r f