HomeMy WebLinkAboutOrdinance #4215 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
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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
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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
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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;
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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)
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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
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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 -
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Accessory Uses P/U I P/U I 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 ITU ITU
Nonconforming Uses J 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.
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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:
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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 2 10.10 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.
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(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.
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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.
Ma
ATT /JJ APPROVED AS TO FORM:
T / r
i
City Clerk 1:�^City Attorney
5VIVANCAZPOV�ED- INITIATED AND APP VED:
City Manager Community Development Director
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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.
Robin Estanislau, Ci , Clerk City Clerk and ex-officio Clerk
491we'�/ Devuty City Clerk of the City Council of the City
of Huntington Beach, California