HomeMy WebLinkAboutOrdinance #4214 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
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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 CADA"); 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 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:
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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,
kitchen, and bathroom areas.
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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.
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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
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.
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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.
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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.
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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.
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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 lot line,that is parallel or approximately
parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front
lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance
from the front lot line, shall be deemed the rear lot line.
Lot or Property Line, 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.
Front Lot lAic I���nt l.cat 1.iiro4
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Lot Width 4 +y e`2
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.
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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
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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 floor and 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.
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, 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 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.
20-8649/231925 26
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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: Q , APPROVED AS TO FORM:
1444L, U
City Clerk City Attorney
R IE M_AN)aA"PWWVED: INITIATED AND APPROVED:
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
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.
�&7
In accordance with the City Charter of said City./
Robin Estanislau City Clerk City Clerk and ex-officio Clerk
De u Ci Clerk of the City Council of the City
of Huntington Beach, California