HomeMy WebLinkAboutAdopt Resolution No. 2020-59 Approving Local Coastal Program Citvof utin ton earffi
2000 MAIN STREET CALIFORNIA 92648
-,_ DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning Division Code Enforcement Division_ Building Division
714/536-5271 714/375-5155 714/536-5241
NOTICE OF CITY COUNCIL ACTION
October 21, 2020
City of Huntington Beach
2000 Main St
Huntington Beach, CA 92648
SUBJECT: LOCAL COASTAL PROGRAM AMENDMENT NO. 20-001
APPLICANT/
PROPERTY
OWNER: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
REQUEST: To approve a resolution adopting Local Coastal Program Amendment (LCPA) No. 20-
001 to forward three zoning text amendments that were previously approved by the City
Council to the California Coastal Commission. LCPA No. 20-001 constitutes a minor
amendment to the City of Huntington Beach Certified Local Coastal Program.
LOCATION: Coastal Zone
DATE OF
ACTION: October 19, 2020
On Monday, October 19, 2020, the Huntington Beach City Council took action on your application, and
approved Local Coastal Program Amendment No. 20-001 with findings for approval by approving
Resolution No. 2020-59. Please see the attachment list for the applicable documents for each
application. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action
taken by the City Council is final.
If you have any questions, please contact Nicolle Aube, the project planner, at nicolle.aube(a)-surfcity-
hb.ora or(714) 374-1529 or the Community Development Department Zoning Counter at (714) 536-
5271.
Sincerely,
Ursula Luna-Reynosa
Director of Community Development
By:
Jennifer ,illasenor, Deputy Director of Community Development
ULR:JV:NA:kdc
Attachments:
1. Resolution No. 2020-059
c: Ursula Luna-Reynosa, Director of Community Development
Robin Estanislau, City Clerk
Nicolle Aube, Associate Planner
Property Owner
Project File
RESOLUTION NO. 2020-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH,STATE OF CALIFORNIA,ADOPTING LOCAL COASTAL
PROGRAM AMENDMENT NO. 20-001 AND REQUESTING ITS CERTIFICATION BY
THE CALIFORNIA COASTAL COMMISSION
WHEREAS, after notice duly given pursuant to Government Code Section 65090 and
Public Resources Code Sections 30503 and 30510,the Planning Commission and City Council of
the City of Huntington Beach held public hearings to consider the adoption of the ordinances
included in Huntington Beach Local Coastal Program Amendment No. 20-001, and such
amendment was recommended to the City Council for adoption; and
The City Council,after giving notice as prescribed by law,held at least one public meeting
on the ordinances included in the proposed Huntington Beach Local Coastal Program Amendment
No. 20-001, and the City Council finds that the proposed amendment is consistent with the
Huntington Beach General Plan, the Certified Huntington Beach Coastal Land Use Plan and
Chapter 6 of the California Coastal Act.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. That Huntington Beach Local Coastal Program Amendment No. 20-001 is
hereby approved, consisting of certain Ordinances pertaining to three Zoning Text Amendments
(ZTA)as listed below:
Exhibit Ordivan_ce Subject Description
A. No. 4172,No. 4173, ZTA No. 18-003 Minor Code Update&Clarifications
No. 4174,No. 4175,
&No.4176 B. No. 4193,No. 4194, ZTA No. 19-002 Minor Code Update &Clarifications
No. 4195,No. 4196,
No.4197,No. 4198,
&No. 4199
RESOLUTION NO.2020-59
No.4212,No. 4213,
No. 4214,No.4215,
C. &No. 4216 ZTA No. 19-005 Group Homes
Copies of the aforesaid ordinances and resolutions are attached hereto as Exhibits A through C,
respectively, and are incorporated by this reference as though fully set forth herein.
SECTION 2. That the California Coastal Commission is hereby requested to consider,
approve and certify Huntington Beach Local Coastal Program Amendment No.20-001.
SECTION 3. That pursuant to Section 13551(b) of the Coastal Commission Regulations,
Huntington Beach Local Coastal Program Amendment No. 20-001 will take effect automatically
upon Coastal Commission approval,as provided in Public Resources Code Sections 30512,30513,
and 30519.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held on the day of )2020.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Manager Community Development Director
EXHIBITS: A—C
234407/20-8884
a
City of Huntington Beach
I
File #: 20-1848 MEETING DATE: 10/19/2020
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:
Approve Local Coastal Program Amendment (LCPA) No. 20-001 by adopting City Council
Resolution No. 2020-59; and, requesting its certification by the California Coastal Commission
Statement of Issue:
Transmitted for your consideration is a resolution adopting Local Coastal Program Amendment
(LCPA) No. 20-001 to forward three zoning text amendments that were previously approved by the
City Council to the California Coastal Commission. LCPA No. 20-001 constitutes a minor amendment
to the City of Huntington Beach Certified Local Coastal Program. Public hearings were previously
held for each of the amendments, thus, approval of the resolution is an administrative item that does
not require a public hearing. Staff recommends approval of LCPA No. 20-001 .
Financial Impact:
Not applicable.
Recommended Action:
Approve Local Coastal Program Amendment No. 20-001 by adopting City Council Resolution No.
2020-59, "A Resolution of the City Council of the City of Huntington Beach, State of California,
Adopting Local Coastal Program Amendment No. 20-001 and Requesting its Certification by the
California Coastal Commission (Attachment No. 1)."
Alternative Action(s):
The City Council may make the following alternative motion(s) on Local Coastal Program
Amendment No. 20-001 :
1 . Deny Local Coastal Program Amendment No. 20-001 and direct staff to return with findings for
denial.
2. Continue Local Coastal Program Amendment No. 20-001 and direct staff accordingly.
Analysis:
A. PROJECT PROPOSAL:
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File #: 20-1848 MEETING DATE: 10/19/2020
Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
Location: Coastal Zone
Local Coastal Program Amendment No. 20-001 represents a request to approve a resolution to
forward to the California Coastal Commission three zoning text amendments approved by the City
Council over the last two years. The specific amendments are listed below and generally described in
Attachment No. 5.
1. ZTA No. 18-003: Minor Code Update & Clarifications
a. Ordinances No. 4172 - No. 4176
b. Approved by City Council on February 4, 2019
2. ZTA No. 19-002: Minor Code Update & Clarifications
a. Ordinances No. 4193 - No. 4199
b. Approved by City Council on February 3, 2020
3. ZTA No. 19-005: Group Homes
a. Ordinances No. 4212 - No. 4216
b. Approved by City Council on July 20, 2020
B. BACKGROUND:
The City's certified Local Coastal Program consists of two parts: the Land Use Plan/ Coastal Element
of the General Plan and the Implementing Ordinances. The Implementing Ordinances include the
Zoning and Subdivision Ordinance and specific plans within the coastal zone that have been certified
by the California Coastal Commission (Downtown Specific Plan, Holly Seacliff Specific Plan, Seacliff
Specific Plan, Palm and Goldenwest Specific Plan, Magnolia Pacific Specific Plan, and Huntington
Harbour Bay Club Specific Plan). Any changes to the Implementing Ordinances must be forwarded to
the Coastal Commission as a Local Coastal Program Amendment (LCPA) for certification and
incorporation into the City's Local Coastal Program. Certification by the Coastal Commission is
necessary in order for the ordinances to be effective in the coastal zone.
C. STAFF ANALYSIS AND RECOMMENDATION:
This LCPA represents a minor amendment to the City's certified Local Coastal Program. All of the
amendments have been approved by the City Council with public hearings and no coastal related
issues were brought forward. Staff has grouped these amendments as one LCPA to minimize staff
and administrative time because they are minor from the Coastal Commission's perspective. Staff
recommends that the City Council approve Local Coastal Program Amendment No. 20-001 because
it will update the City's certified Local Coastal Program by incorporating previously approved
entitlements and will constitute a minor amendment to the City's certified Local Coastal Program.
Environmental Status:
All of the subject Zoning Text Amendments were analyzed per the California Environmental Quality
Act (CEQA) at the time they were adopted by the City Council. The subject resolution to adopt Local
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File #: 20-1848 MEETING DATE: 10/19/2020
Coastal Program Amendment No. 20-001 and forward to the Coastal Commission for certification
does not require additional environmental review and is exempt pursuant to Section 15265(a)(1) of
the CEQA Guidelines, which exempts approvals by a local government necessary for the preparation
and adoption of a local coastal program.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2020-59 A Resolution Adopting Local Coastal Program Amendment No. 20-001
and Requesting its Certification by the California Coastal Commission
2. Exhibit A ZTA No. 18-003 Minor Code Update and Clarification Ordinances No. 4172 - No.
4176
3. Exhibit B ZTA No. 19-002 Minor Code Update and Clarification Ordinances No. 4193 - No.
4199
4. Exhibit C ZTA No. 19-005 Group Homes Ordinance No. 4212 - No. 4216
5. Summary of Subject Entitlements
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RESOLUTION NO. 2020-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, STATE OF CALIFORNIA, ADOPTING LOCAL COASTAL
PROGRAM AMENDMENT NO. 20-001 AND REQUESTING ITS CERTIFICATION BY
THE CALIFORNIA COASTAL COMMISSION
WHEREAS, after notice duly given pursuant to Government Code Section 65090 and
Public Resources Code Sections 30503 and 30510,the Planning Commission and City Council of
the City of Huntington Beach held public hearings to consider the adoption of the ordinances
included in Huntington Beach Local Coastal Program Amendment No. 20-001, and such
amendment was recommended to the City Council for adoption; and
The City Council, after giving notice as prescribed by law,held at least one public meeting
on the ordinances included in the proposed Huntington Beach Local Coastal Program Amendment
No. 20-001, and the City Council finds that the proposed amendment is consistent with the
Huntington Beach General Plan, the Certified Huntington Beach Coastal Land Use Plan and
Chapter 6 of the California Coastal Act.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. That Huntington Beach Local Coastal Program Amendment No. 20-001 is
hereby approved, consisting of certain Ordinances pertaining to three Zoning Text Amendments
(ZTA) as listed below:
Exhibit Ordinance Subiect Description
A. No. 4172,No. 4173, ZTA No. 18-003 Minor Code Update & Clarifications
No. 4174,No. 4175,
&No.4176
B. No. 4193,No. 4194, ZTA No. 19-002 Minor Code Update & Clarifications
No. 4195,No. 4196,
No. 4197,No. 4198,
&No. 4199
RESOLUTION NO.2020-59
C No. 4212,No. 4213,
.
No. 4214,No. 4215,
&No. 4216 ZTA No. 19-005 Group Homes
Copies of the aforesaid ordinances and resolutions are attached hereto as Exhibits A through C,
respectively, and are incorporated by this reference as though fully set forth herein.
SECTION 2. That the California Coastal Commission is hereby requested to consider,
approve and certify Huntington Beach Local Coastal Program Amendment No. 20-001.
SECTION 3. That pursuant to Section 13551(b) of the Coastal Commission Regulations,
Huntington Beach Local Coastal Program Amendment No. 20-001 will take effect automatically
upon Coastal Commission approval,as provided in Public Resources Code Sections 30512,30513,
and 30519.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held on the 19th day of October , 2020.
Mayor
ATTEST: APPROVED AS TO FORM:
�`t71. lam¢ '
City Clerk $f ity Attorney µ✓
7IEWED A D APPROVED: INITIATED AND APPROVED:
City Manager Community Development Director
EXHIBITS: A—C
234407/20-8884
Res. No. 2020-59
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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on October 19, 2020 by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
Exhibit A �-s6 - �
ORDINANCE NO. 4172
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 231 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED OFF-STREET PARKING AND LOADING
PROVISIONS
(ZONING TEXT AMENDMENT NO. 18-003)
WHEREAS, 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. 18-003, which amends Chapter
231 of the Huntington Beach Zoning and Subdivision Ordinance relating to updated, clarified,
and additional off-street parking and loading requirements 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:
SECTION 1. That Chapter 231 of the Huntington Beach Zoning and Subdivision
Ordinance titled Off-Street Parking and Loading Provisions is hereby amended to read as set
forth in Exhibit A.
SECTION 2. All other provisions of Chapter 231 not modified herein shall remain in full
force and effect.
SECTION 3. This ordinance shall become effective immediately 30 days after its
adoption.
19-7244/194504 1
Ordinance No.4172
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4th day of February , 2019.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney ,%„
REVIEWED AND APPROVED: INITIATED AND APPROVED:
fX L
ity Manager Director of Community Development
19-7244/194504 2
Orrd�r�n��/1 ch. q 1-7Z
Exhibit A — ZTA No. 18-003
231.02 Basic Reauirements for Off-Street Parkina and Loadina
A. When Required.At the time of initial occupancy of a site,construction of a structure,or major
alteration or enlargement of a site or structure,off-street parking facilities and off-street loading
facilities shall be provided in accord with this chapter and parking area landscaping shall be
provided in accord with Chapter 232.For the purposes of these requirements,"major alteration or
enlargement"shall mean a change of use,an expansion of greater than 50%of the existing space in
a non-residential building or an addition of bedrooms or units in a residential building.A change in
occupancy that does not involve a change in the use classification is not considered a change in use
for purposes of this requirement unless the change in occupancy involves an intensification of use or
an increase in parking demand.
B. Nonconforming Parking or Loading.No existing use of land or structure shall be deemed to
be nonconforming solely because of the lack of off-street parking or loading facilities required by
this chapter,provided that facilities being used for off-street parking and loading as of the date of
adoption of this chapter shall not be reduced in number to less than that required by this chapter.
Expansion of a use with nonconforming parking shall be subject to the following requirements:
1. A multifamily residential use with nonconforming parking may be expanded by adding
bedrooms or additional units provided that the expansion complies with current standards
contained in this chapter;
2. A single-family residence with nonconforming parking may be expanded by adding
bedrooms provided the dwelling complies with current standards contained in this chapter;and
3. A nonresidential use with nonconforming parking may be expanded less than 50%of the
existing square footage or intensified if additional parking is provided for the expansion or
intensification.Expansions of 50%or more of the existing square footage require the site to be
in total compliance with the current parking standards contained in this chapter.
C. Spaces Required for Alteration or Enlargement.The number of parking spaces or loading
spaces required for an alteration or enlargement of an existing use or structure,or for a change of
occupancy,shall be in addition to the number of spaces existing prior to the alteration,enlargement,
or change of occupancy unless the preexisting number is greater than the number prescribed in this
chapter. In this case,the number of spaces in excess of the prescribed minimum shall be counted in
determining the required number of parking or loading spaces.
D. Spaces Required for Multiple Uses. If more than one use is located on a site,the number of
off-street parking spaces and loading spaces to be provided shall be equal to the sum of the
requirements prescribed for each use.This requirement applies not only to multiple uses under
separate ownership but also to multiple uses in the same ownership. If the gross floor area of
individual uses on the same site is less than that for which a loading space would be required by
Section 231.06(A),but the aggregate gross floor area of all uses is greater than the minimum for
which loading spaces would be required,the aggregate gross floor area shall be used in determining
the required number of loading spaces.
E. Location and Ownership.Parking facilities required by this chapter shall be on the same site
as the use served,except that an adjacent lot may be used which is in the same person's possession
as the structure or use. Such possession may be by deed or long-term lease,approved as to form by
the City Attorney,and recorded in the Office of the County Recorder.A copy of the recorded
document stipulating the reservation of the property for parking purposes shall be filed with the City
1
prior to issuance of a building permit and/or certificate of occupancy,whichever occurs first.No use
shall be continued if the parking is removed from the adjacent lot unless substitute parking is
provided. Parking facilities provided by a parking district or parking authority are not subject to
these locational requirements.
1. Parking in Yards in R Districts.The parking of motor vehicles,trailers,campers and boats
shall be prohibited on all landscaped areas within the front one-half of the lot except as
provided below.
a. Oversized vehicles(see Chapter 203,Definitions),campers,trailers and boats on
trailers may be parked on the paved driveway area or on a paved area between the
driveway and the nearest side property line provided that they do not project over any
property line and that the area is kept free of trash,debris and parts.
b. Commercial oversized vehicles(see Chapter 203,Definitions)or special purpose
machines shall be prohibited in any yard area.
2. Parking in Yards in C or I Districts.Required yards may be used for required parking,
subject to the landscaping standards of Chapter 232.
3. Access. When a lot abuts an arterial highway and a local street,access to on-site parking
shall be from the local street.When a lot abuts an alley,then access to parking shall be
provided from the alley unless the Planning Commission approves a different access.When a
lot abuts two arterial highways or two local streets,access shall be subject to the approval of
the Director of Public Works.
4. Nonresidential Parking in R Districts.Nonresidential parking serving adjacent
commercial or industrial uses shall not be located in any R-zoned property.
F. Computation of Spaces Required.If,in the application of the requirements of this chapter,a
fractional number is obtained,one additional parking space or loading space shall be required.
G. Other Requirements.
1. Any off-street parking or loading facility which is permitted but not required shall comply
with all provisions of this chapter governing location,design, improvement and operation.
2. Any motor vehicle incapable of movement by its own power and/or not licensed to
operate on California streets shall be stored either in an enclosed building or entirely screened
from view.(3334-6/97)
231.04 Off-Street Parking and Loading Spaces Reauired
A. Nonresidential uses shall provide one loading space(minimum 14 feet in width,20 feet in
length,and 14 feet in height)for each 20,000 square feet,or fraction thereof,of gross floor area;
however,a maximum of three such spaces are required for buildings exceeding 60,000 square feet.
No loading space is required for nonresidential uses with less than 20,000 square feet of gross floor
area.
B. Off-street parking spaces shall be provided in accord with the following schedule. References
to spaces per square foot are to be computed on the basis of gross floor area,unless otherwise
specified.
2
Where the use is undetermined,the approving body shall determine the probable use and the number
of parking and loading spaces required. In order to make this determination,the director may require
the submission of survey data prepared by a state-registered traffic engineer for the applicant or
collected at the applicant's expense. Parking spaces over and above the minimum number specified
in this section may be required by the body responsible for reviewing the use itself based on the
intensity of the use.
C. The director may allow a parking reduction for a change of use if the increase in the required
parking is not more than five spaces.The change of use request must be on a site with two or more
uses,have a minimum of 50 existing parking spaces and provide an upgrade of existing landscaping.
This same reduction may be considered for uses complying with state handicap regulations as
mandated by state law and applicable to parking requirements.This provision shall not apply to
applications for development within the coastal zone that necessitate a Coastal Development Permit.
Off-Street Parking Spaces Required: Schedule A
Use Classification Off-Street Parking Spaces
Residential
Single-family dwellings
New construction
0-4 bedrooms 2 enclosed and 2 open
5 or more bedrooms 3 enclosed per unit and 3 open per unit
Existing dwellings
0-4 bedrooms 2 enclosed and 2 open*
5 or more bedrooms 2 enclosed per unit and 3 open per unit*
In the RMH-A district 2 enclosed spaces per unit with up to 3 bedrooms,
and 1 space for each additional bedroom; 1
additional space per dwelling where no on-street
parking is allowed
Multifamily dwellings
Studio/1 bedroom 1 enclosed space per unit
2 bedrooms 2 spaces(I enclosed)per unit
3 or more bedrooms 2.5 spaces(1 enclosed)per unit
Guests 0.5 space per unit
Senior
Studio/I bedroom I covered space per unit
2 bedrooms 1.5 spaces per unit(I covered)
Manufactured homes 2 spaces per unit; I covered,and 1 may be behind
the first
Guest 1 per 3 manufactured homes
3
Rooming house I space per guest room;plus I space per
owner/manager;plus 1 space per each 10 guest
rooms
Residential care,limited 1 per 3 beds
Public and Semi-Public
Convalescent Facilities
Skilled Nursing Facilities 0.75 per each bed
Assisted Living Facilities 0.6 per each bed
Continuing Care Retirement Communities 1.4 per each independent living unit,plus parking
required for the assisted living and skilled nursing
components of the community
Clubs and lodges 1 per 35 sq.ft.used for assembly purposes of 1 per
3 fixed seats(18 inches= 1 seat),whichever is
greater
Cultural facilities 1 per 300 sq.ft. gross floor area
Day care,general 1 per staff member plus 1 per classroom
Government offices 1 per 250 sq.ft. gross floor area
Heliports As specified by use permit
Hospitals 1 per 1.5 beds
Maintenance and service facilities 1 per 500 sq.ft.
Park and recreation facilities As specified by conditional use permit for private
facilities
Public safety facilities As specified by the conditional use permit
Religious assembly 1 per 35 sq. ft.of public assembly area,or 1 per 3
fixed seats(18 inches= 1 seat),whichever is
greater
Residential care,general 1 per 3 beds;plus additional spaces,as specified by
conditional use permit
Schools,public or private
Preschools,nursery day care 1 per staff member,plus 1 per classroom
Elementary,junior high 1.5 per classroom
High school/college 7 per classroom
Trade schools,music conservatories 1 per 35 sq.ft.of instruction area
Utilities,major As specified by conditional use permit
Commercial
Ambulance services 1 per 500 sq.ft.;plus 2 storage spaces
Animal sales and services
4
Animal boarding 1 per 200 sq.ft.
Animal grooming 1 per 200 sq.ft.
Animal hospitals I per 200 sq.ft.
Animal,retail sales 1 per 200 sq.ft.
Artists' studios I per 1,000 sq. ft.
Banks and savings&loans 1 per 200 sq.ft.
Drive-up service Queue space for 5 cars per teller
Building materials and services 1 per 1,000 sq.ft.of lot area; minimum 10 plus
1/300 sq. ft. office area
Catering services I per 400 sq.ft.
Commercial recreation and entertainment
Bowling alleys 3 per lane, plus 1 per 250 sq.ft.of public assembly
and retail areas
Electronic game centers 1 per 200 sq.ft.
Health clubs I per 200 sq. ft. except that area designated for
group instruction shall be parked at a ratio of 1 per
100 sq.ft.
Stables 1 per 3 corrals plus 1 horse trailer space for each 10
corrals plus 2 for caretaker's unit
Tennis/racquetball 3 per court
Theaters 1 per 3 fixed seats,or 1 per 35 sq.ft.seating area if
there are no fixed seats
Other commercial recreation and entertainment As specified by the Zoning Administrator or
Planning Commission
Communications facilities 1 per 500 sq.ft.
Eating and drinking establishments
With 12 seats or less I per 200 sq.ft.
With more than 12 seats I per 60 sq.ft.or 1 per 100 sq.ft. when on a site
with 3 or more uses
With dancing Plus 1 per 50 sq.ft.of dancing area
With drive through service Plus queue space for 5 cars per service window
Food and beverage sales 1 per 200 sq.ft.
Furniture and appliance stores 1 per 500 sq.ft. excluding areas used for storage or
loading,but not less than 5
Funeral and interment services I per 35 sq.ft.of seating space
Hardware stores I per 200 sq.ft.excluding areas used for storage or
loading,but not less than 5
5
Horticulture,limited 1 per 2 acres
Laboratories 1 per 500 sq.ft.
Maintenance and repair services 1 per 500 sq. ft.
Marine sales and services l per 500 sq. ft.
Nurseries I per 1,000 sq. ft.of indoor/outdoor sales and/or
display lot area accessible for public viewing,but
no less than 10;plus I per 300 sq.ft.office area
Offices,business and professional 1 per 250 sq.ft.for less than 250,000 sq. ft.; 1 per
300 sq.ft.for 250,000 sq.ft. or more
Offices,medical and dental I per 175 sq. ft. (includes out-patient
medical/surgery centers)
Pawn shops 1 per 200 sq.ft.
Personal enrichment services 1 per 35 sq. ft.of instruction area;or maximum I
per 200 sq.ft. provided the number of students per
classroom does not exceed required number of
parking spaces,plus instruction area does not
exceed 75%of floor area
Personal services 1 per 200 sq. ft.
Research and development services I per 500 sq.ft.
Retail sales not listed under another use 1 per 200 sq.ft.
classification
Sex-oriented business
Cabaret
With less than.12 seats I per 200 sq. ft.
With 12 seats or more 1 per 60 sq.ft.or 1 per 100 sq.ft. if on a site with 3
or more uses
Encounter center I per 35 sq.ft.of instruction area
Escort bureau 1 per 250 sq.ft.
Hotel/motel 1.1 per guest room;plus I per passenger transport
vehicle(minimum of 2 stalls)and 2 spaces for any
manager's unit and parking for other uses as
required by this schedule
Mini-motion picture theater,motion picture 1 per 3 fixed seats,or l per 35 sq.ft.seating area if
theater or motion picture arcade there are no fixed seats
Retail sales I per 200 sq.ft.
Swap meets,indoor/flea markets 1 per 100 sq.ft. except as may be modified by the
Planning Commission through the conditional use
permit process,after submittal,review and approval
of a traffic engineering study
6
Vehicle/equipment sales and services
Automobile rentals 1 per 1,000 sq.ft.of indoor/outdoor sales and/or
display lot area accessible for public viewing,but
no less than 10;plus 1 per 300 sq.ft.office area;
1/200 sq. ft.auto service area
Automobile washing(car wash)
Full-service(attended) 10
With fuel sales 12
Self-service(unattended) 1.5 per wash stall
Service stations
Full-serve/repair garage 1 per 500 sq. ft.but no less than 5
Self-serve 2
With convenience markets 1 per 200 sq.ft.of retail space but no less than 8
With self-serve car wash 4
With self-serve car wash and convenience 10
market
Vehicle/equipment repair 1 per 200 sq.ft. but no less than 5
Vehicle/equipment sales and rentals 1 per 1,000 sq. ft. of indoor/outdoor sales and/or
display lot area accessible for public viewing,but
no less than 10;plus I per 300 sq.ft.office area; 1
per 200 sq. ft.auto service area
Vehicle storage 1 per 5,000 sq.ft. lot area;no less than 5
Visitor accommodations
Bed and breakfast I per guest room plus I guest and 1 manager/owner
space
Hotels,motels l.1 per guest room;plus 1 per passenger transport
vehicle(minimum of 2 stalls)and 2 spaces for any
manager's unit and parking for other uses as
required by this schedule
Single room occupancy residential hotels 1 per unit, 10%shall be designated as visitor
parking; I per passenger transport vehicle
(minimum of 1 stall), i loading space,and 2 spaces
for any manager's unit,plus 0.5 per all remaining
personnel
Warehouse and sales outlets 1 per 200 sq.ft.
Industrial
Speculative buildings 1 per 500 sq.ft.(maximum 10%office area)
Manufacturing,research assembly,packaging I per 500 sq.ft.
7
Wholesaling,warehousing and distributing space i per 1,000 sq.ft.
Offices 1 per 250 sq. ft. if office area exceeds 10%of gross
floor area
Outside uses: storage,wrecking/salvage and 1 per 5,000 square feet of lot area,but no less than
lumber yards 5
Mini-storage facilities
Single-story 1 per 5,000 square feet
Each additional story 1 per 2,000 square feet plus 2 spaces for caretaker's
unit
' Open spaces may be behind any required spaces and/or on a street adjacent to the property.On-street parking may not be
reserved for residents and/or guests but must be available to the general public on a first-come,first-serve basis.
(3334-6/97,3378-2/98,3494-5/01,3526-2/02,Res. 2004-80-9/04,3677-12/04)
231.06 Joint Use Parking
A. In the event that two or more uses occupy the same building, lot or parcel of land,the total
requirement for off-street parking shall be the sum of each individual use computed separately
except as provided in this section.
B. The Planning Commission or Zoning Administrator may grant a reduction in the total number
of required spaces as part of the entitlement for the use or uses,or by conditional use permit when
no other entitlement is required,when the applicant can demonstrate that the various uses have
divergent needs in terms of daytime versus nighttime hours or weekday versus weekend hours. Such
joint use approvals shall be subject to the following:
1. The maximum distance between the building or use and the nearest point of the parking
spaces or parking facility shall be 250 feet;and
2. There shall be no conflict in the operating hours based on parking space requirements for
the different uses on the parcel;and
3. Evidence of an agreement for such joint use shall be provided by proper legal instrument,
approved as to form by the City Attorney.The instrument shall be recorded in the Office of the
County Recorder and shall be filed with the City prior to issuance of building permit and/or
certificate of occupancy,whichever occurs first.(3334-6/97)
231.08 Reduced Parking for Certain Uses
A. The Zoning Administrator may approve a conditional use permit to reduce the number of
parking spaces to less than the number required per Schedule A in Section 231.04,provided that the
following findings are made:
1. The parking demand will be less than the requirement in Schedule A;and
2. The proposed use of the building or structure,will not generate additional parking
demand;and
8
3. A transportation demand management plan which exceeds the minimum required by
Section 230.36 has been approved by the director.
B. The Zoning Administrator may consider survey data prepared by a state-registered traffic
engineer and submitted by an applicant or collected at the applicant's request and expense as a basis
for approval of a reduction in required parking.(3334-6/97,3526-2/02,3677-12/04)
231.10 Parking in-Lieu Payments Within Downtown Specific Plan Area
Parking requirements for private property uses within the Downtown Specific Plan Area may be met by
payment of an"in-lieu"fee for providing parking in a parking facility subject to conditional use permit
approval by the Planning Commission.Said fee may be paid in multiple installments.The first installment
in an amount established by City Council resolution for each parking space shall be paid prior to the
issuance of building permits or of a certificate of occupancy,whichever comes first.Any successive
installments shall be paid and secured by a mechanism established in the conditions of approval.(3334-
6/97)
231.12 Parkin Spaces for the Handicapped
New and existing parking facilities shall comply with the State Handicapped Regulations as mandated in
state law.(3334-6/97)
231.14 Parkina Space Dimensions
Required parking spaces shall have the following minimum dimensions in feet. Striping requirements are
depicted in Diagram A.Directional signs and/or pavement markings shall be provided in any facility in
which one-way traffic is established.
Aisle Width'
Angle of Parking Stall Width Stall Depth 1-way 2-way
0°(Parallel) 9 192 12 20
300 9 19 14 20
450 9 19 15 20
600 9 19 20 20
900 9 19 26 26
Residential 9 19 25 25
Bicycle 8 17 subject to§231.20
' Minimum 24 feet when determined by Fire Department to be a fire lane.
With 8 ft.striped maneuvering area between every 2 spaces.
9
30•.IS•i 60•Parkerg
�v
jI
90•Park" 24In.Eabrar
13~slon
_ 1 1
19 Ft In.Intarwr
"-'` Dirnensarl
Para"Parkug
t I It ft- J
_
!► 8fft. 19(L
Striping Requirements—Diagram A
(3334-6/97)
231.16 Application of Dimensional Reauirements
A. Relation to Walls and Posts/Columns.A parking space on a site with more than five parking
spaces and which is adjacent to a wall over 12 inches in height shall be increased in width by three
feet. Post/columns may be permitted along the side of each space only within three feet of the head
and foot of each stall.
B. Vertical Clearance.
I. Vertical clearance for parking spaces shall be seven feet,except that an entrance may be
6.67 feet.When handicapped parking is provided,vertical clearance shall comply with
California Code of Regulations(Title 24,Part 2,Chapter 2-71).
2. For residential uses,non-structural improvements including wall-mounted shelves,
storage surface racks,or cabinets may encroach into the vertical clearance,provided a
minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage within
the front five feet of a parking space.
10
C. Wheel Stops.All spaces shall have wheel stops 2.5 feet from a fence,wall,building or
walkway.
D. Parking Space Dimension Reduction. When a parking space abuts a landscape planter,the
front two feet of the required 19-foot length for a parking space may overhang the planter as
provided in Chapter 232.(3334-6/97)
231.18 Desian Standards
A. Public Works Requirements. Drive entrances on arterial highways shall be located in a
manner to coordinate with future median openings and in accord with Department of Public Works
standards.The paved surface of driveways and drive entrances shall comply with Department of
Public Works specifications.Parking facilities shall be prepared,graded,and paved to ensure that all
surface waters will drain into a public street,alley,storm drain,or other drainage system approved
by the Department of Public Works.Aisle ways without adjacent parking shall be a minimum 24
feet in width.
B. Circulation Design.All off-street parking spaces shall have access to a public street or alley,
and shall have internal circulation,safe entrances and exits,drives,and aisles in conformance with
City standards.Every required parking space shall have unobstructed access from an aisle without
moving another vehicle.All parking spaces,except residential garages and carports for single-
family dwellings and duplexes,shall have forward travel to and from parking facilities when access
is to a dedicated street.Traffic circulation shall be designed so that no vehicle need enter a public
street in order to progress from one aisle to any other aisle within the same development.
Commercial centers which have 200 parking spaces or more shall have at least one main entrance
designed as depicted in Diagram B.
11
I I
I I
I I 100,
I I
4ft. I I
24ft. 24ft.
4ft.
Commercial Center Main Entrance for Parking Lots With Over 200 Spaces
Diagram B
A minimum three-foot-by-three-foot-wide maneuvering area shall be provided at the end of dead-end
parking aisles less than 150 feet in length. A vehicle turnaround space shall be provided at the end of all
dead-end parking aisles which exceed 150 feet in length(measured from the closest intersecting aisle with
complete circulation).The maneuvering area and turnaround space shall be designed as depicted in
Diagram C.Other turnaround arrangements providing the same maneuverability are subject to approval
by the director.
1
2 11
1Vh«! !�iastct��cring !'�fi. I►
top area I
•
26 ft,
&.4 3 f,
12' SIcp off area
12
Turnaround Space and Maneuvering Area
Diagram C
C. Illumination.All parking area lighting shall be energy-efficient and designed so as not to
produce glare on adjacent residential properties. Security lighting shall be provided in areas
accessible to the public during nighttime hours,and such lighting shall be on a time-clock or photo-
sensor system.
D. Residential Parking.
1. Garages and Carports.All required garages and carports,permitted as accessory
structures, shall be constructed at the same time as the main building and shall be used only by
persons residing on the premises for storage of personal vehicles and other personal property.
2. Assignment of Spaces. Each studio and one bedroom dwelling unit shall have a minimum
of one assigned parking space and each two or more bedroom units shall have a minimum of
two assigned parking spaces. Each dwelling unit shall have an enclosed,assigned space which
shall be within 200 feet walking distance of that unit and designated as such.The assigned
spaces shall be provided with the rental of a dwelling unit without any additional cost. All
unassigned spaces provided on site shall be open and only used for the parking of vehicles by
persons residing on the property or their guests.
3. Turning Radius.The minimum turning radius for any garage,carport or open parking
space,entered directly from an alley or driveway,shall be 25 feet(see Diagram D).
STREET
GA AGE
- - - - - - - - - - - - - AtttY-
DRIV WAY
STREET
STREET
Turning Radius
13
Diagram D
4. Driveway Width.
Length of Drive Minimum Driveway Width
150 feet or less 10 ft.for single family dwellings
20 ft.for multifamily dwellings
Greater than 150 feet 20 feet clear width
Exception: when designated as fire lane,all Fire Department
requirements shall apply.
5. Guest Parking.All guest parking shall be fully accessible.
6. Coastal Zone.The following requirements shall apply to residential development in the
Coastal Zone.
a. Each dwelling unit located in the Coastal Zone shall have a minimum of two on-site
parking spaces.If the total coastal parking requirements exceed the total minimum
parking as required by this chapter,the additional required parking spaces may be in
tandem with enclosed spaces,provided the tandem space is assigned to an enclosed space
and complies with the required turning radius.
b. The streets of new residential subdivisions between the sea and the first public road
shall.be constructed and maintained as open to the public for vehicular,bicycle and
pedestrian access.General public parking shall be provided on all streets throughout the
entire subdivision. Private entrance gates and private streets shall be prohibited.All
public entry controls(e.g.,gates,gate/guard houses,guards,signage,etc.)and restriction
on use by the general public(e.g.,preferential parking districts,resident-only parking
periods/permits,etc.)associated with any streets or parking areas shall be prohibited.
7. Planned Residential Developments. In a planned residential development where a garage
is constructed a minimum of 20 feet from the curb,the driveway in front of the garage may be
used to provide one of the required uncovered spaces.
8. Privacy Gates. Privacy gates may be installed without a conditional use permit provided
there is compliance with the following criteria prior to the issuance of building permits:
a. Fire Department approval for location and emergency entry.
b. Public Works Department approval of stacking and location.
c. Postmaster approval of location for mail boxes or entry for postal carrier.
d. Shall provide a driveway with a minimum of 20 feet for vehicle stacking.
e. No adverse impacts to public coastal access, including changes in the intensity of
use of water,or access thereto,shall result from installation of the privacy gates.
9. Driveway Air Space.The air space above all driveways which exceed 150 feet in length
shall remain open to the sky,except that eaves or roof overhangs with a maximum four-foot
projection may be permitted above a height of 14 feet.
14
10. Storage Space.One hundred cubic feet of enclosed storage space for each unit shall be
provided in a secured parking area where there is no private garage.
11. Accessory Dwelling.One additional off-street parking space shall be required for an
accessory dwelling,except that in the coastal zone there shall be a minimum of four parking
spaces on-site.
E. Nonresidential Parking and Loading.
1. Designated Parking.Parking spaces within an integrated,nonresidential complex shall not
be designated for exclusive use of any individual tenant except as authorized by a parking
management plan approved by the director.
2. Parking Controls.Parking controls,such as valet service,or booths,and/or collection of
fees may be permitted when authorized by conditional use permit approval by the Zoning
Administrator.Privacy gates may be installed without a conditional use permit provided there
is compliance with the following criteria prior to the issuance of building permits.
a. Fire Department approval for location and emergency entry.
b. Public Works Department approval of stacking and location.
c. Postmaster approval of location for mail boxes or entry for postal carrier.
d. Shall provide a driveway with a minimum of 20 feet for vehicle stacking.
e. No adverse impacts to public coastal access,including changes in the intensity of
use of water,or of access thereto,shall result from installation of the privacy gates.
3. Minimum Driveway Width.Twenty-five feet when providing access to the rear of a
structure.
4. Reciprocal Access. Reciprocal ingress/egress access with adjacent properties shall be
provided for all commercial properties.
5. Loading Location.On a site adjoining an alley,a required loading space shall be
accessible from the alley unless alternative access is approved by the director.An occupied
loading space shall not prevent access to a required parking space.Truck or rail loading,dock
facilities,and doors for such facilities shall not face or be located within 45 feet of property
zoned for general planned residential.
6. Loading Design.Any loading facility shall be designed and located so that vehicles need
not extend onto the public sidewalks,streets or alleys during loading activities.
7. Landscape Buffer. Where the side or rear yard of a parcel is used for loading activities
and abuts an R District,a landscaped buffer along the property line shall be provided.
8. Parking Spaces.Parking spaces shall not be utilized or occupied by any other use or for
any other purpose than as parking for the associated on-site uses as required by this chapter,
unless in compliance with Section 231.06,Joint Use Parking.
F. Seasonal and Temporary Parking Lots.Seasonal and temporary parking lots may be allowed
upon approval of a conditional use permit by the Zoning Administrator. Seasonal lots may operate
only from Memorial Day through the third weekend in September and shall be located within 1,000
yards of the mean high tide line of the Pacific Ocean.Temporary and seasonal commercial parking
lots may be permitted for a maximum of five years.The design and layout of seasonal and
15
temporary parking lots shall comply with this chapter,Fire Department requirements,and the
following standards:
1. Paving shall be two inches of asphalt over compacted native soil,or as approved by the
department;except seasonal parking lots shall be surfaced to meet minimum specifications for
support of vehicles and to provide dust control as required by the Zoning Administrator.
2. Boundaries of such lots shall be marked off and secured by chain or cable,with posts a
minimum of three feet in height,solidly built.At a minimum,posts shall consist of four-inch
by four-inch wood or equivalent metal posts a minimum of one and one-half inches in
diameter securely set in the ground and placed eight feet on center.The posts shall be
connected with at least one strand of half-inch cable or chain securely fastened to each post.
An opening shall be provided to accommodate vehicle access during business hours. Seasonal
lots shall be secured to prevent overnight parking between the closing hour on one business
day and the opening hour the following business day.
3. Temporary parking lots shall have landscaped planters with an inside dimension of three
feet along street-side property lines excluding driveways. Landscaping shall be protected from
vehicle and pedestrian damage by wheel bumpers(asphalt,concrete,or wood),or asphalt or
concrete curbs,or any other design that will provide adequate protection.
4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232.
5. Directional and informational signs shall be displayed on-site to identify the entrance(s),
fees,and hours of operation.Such signs shall be located at the entrance of the parking lot and
shall not exceed 12 square feet and shall be six feet high. Signs for seasonal parking lots shall
be removed from the site each season no later than the third weekend in September.
6. Automatic entry devices or fee collection points shall be set back a minimum of 20 feet
from the public right-of-way,or at a distance recommended by the Department of Public
Works and approved by the director.
7. An attendant shall be on duty at all times during business hours of seasonal parking lots.
8. An approved fire extinguisher shall be provided on the premises during business hours.
9. The site shall be maintained in a clean condition,free from trash and debris.Trash
containers shall be placed on the site to accommodate and store all trash that accumulates on
the lot.
For seasonal parking lots,a certificate of insurance for combined single limit bodily injury and/or
property damage including products liability in the amount of$1,000,000.00 per occurrence shall be
filed with the Department of Administrative Services.A hold harmless agreement holding the City
harmless shall also be filed with the Department of Administrative Services.
Subsequent to approval of an application for any seasonal or temporary parking lot,the applicant
shall meet all standards and requirements and install all improvements.The parking lot shall then be
inspected and approved by the director prior to issuance of a certificate to operate.
G. Parking Structures. Parking structures above or below grade shall be subject to conditional
use permit approval by the Planning Commission when no other entitlement is required. In addition,
parking structures proposed within the coastal zone shall be subject to approval of a Coastal
Development Permit.All parking structures shall comply with the following requirements:
16
1. Transition ramps which are also used as back-up space for parking stalls shall have a
maximum slope of five percent.The maximum slope for transition ramps with no adjacent
parking spaces shall be 10%.A ramp used for ingress and egress to a public street shall have a
transition section at least 16 feet long and a maximum slope of five percent.
2. Parking structures with over 300 spaces shall provide secondary circulation ramps and
additional ingress and egress if deemed necessary by a traffic study prepared by a state-
registered traffic engineer.
3. Parking structures shall be provided with a minimum 10-foot-wide perimeter landscape
planter at ground level. Parked cars shall be screened on each level through landscape planters
or trellises and/or decorative screening wall or railings.The Design Review Board shall
approve the landscaping plan.
4. All parking structures shall be architecturally compatible with existing or proposed
structures and shall be subject to review and approval by the Design Review Board prior to
hearing.The Design Review Board shall consider the following factors in reviewing a
proposal:bulk,scale,proportion,building materials,colors,signage,architectural features,and
landscaping.
5. All parking structures proposed for conversion to a fee parking arrangement shall be
subject to conditional use permit approval by the Planning Commission. Public parking
structures within the coastal zone proposed for conversion to a fee parking arrangement shall
be subject to approval of a Coastal Development Permit.(3334-6/97,3526-2/02,Res.2004-80-
9/04,3677-12/04,3758-1/07,3763-3/07, Res.2009-36-9/09)
231.20 Bicycle Parking
A. Bicycle Parking Requirements.
1. Nonresidential Uses.
a. Buildings up to 50,000 square feet of gross building area:One bicycle space for
every 25 automobile parking spaces required;minimum of three.
b. Buildings over 50,000 square feet of gross building area:The director shall
determine the number of bicycle spaces based upon the type of use(s)and number of
employees.
2. Multiple-Family Residential Uses.One bicycle space for every four units.
B. Facility Design Standards.Bicycle parking facilities shall include provision for locking of
bicycles,either in lockers or in secure racks in which the bicycle frame and wheels may be locked
by the user. Bicycle spaces shall be conveniently located on the lot,close to the building entrance as
possible for patrons and employees,and protected from damage by automobiles.(3334-6/97,3677-
12/04,3763-3/07)
231.22 Driveways—Visibility
Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall be
consistent with the requirements of Section 230.88.(3334-6/97)
17
231.24 Landscape Improvements
Landscape,planting and irrigation plans shall be prepared consistent with the requirements of Chapter
232.(3334-6/97)
231.26 Parkin Area Plan Reauired
Prior to the construction,reconstruction,or re-striping of an off-street parking area,a parking area plan
shall be submitted to the director for the purpose of indicating compliance with the provisions of this
section.This plan shall include:
A. Location and description of fencing and architectural screen walls.
B. Location and placement of parking stalls,including bumpers,striping and circulation,all
dimensioned to permit comparison with approved parking standards.
C. Location and placement of lights provided to illuminate the parking area.
D. A drainage plan showing drainage to a public way in accordance with accepted standards or
practices.
E. A landscape,planting and irrigation plan prepared consistent with the requirements of Chapter
232.
F. Existing off-street parking areas that were approved at a reduced dimension(e.g.,width,
length,aisle width)may be reconstructed and re-striped or only re-striped at their previous reduced
dimension.
G. When re-striping,parking stalls shall be as depicted in Section 231.14, Diagram A.
H. If a parking area is proposed to only be re-striped,no landscape,drainage,or lighting plan is
required.
Single-family dwellings on pre-existing lots are exempt from this requirement.(3334-6/97,3677-12/04)
231.28 Oceanside or On-Street Parking Within the Coastal Zone
If any existing oceanside or on-street parking within the coastal zone is removed,it shall be replaced on a
one for one basis in an area that would not result in the loss of any sandy beach area and within walking
distance of the existing site. Replacement parking shall be assured prior to the issuance of the Coastal
Development Permit and shall be provided before any existing parking is removed so that there will be no
reduction in the number of parking spaces available.(3334-6/97)
18
Ord. No. 4172
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 January 22,2019,and was again read to said City
Council at a Regular meeting thereof held on February 4,2019, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Brenden,Carr, Semeta, Peterson, Posey,Delgleize, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-oflicio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on February 14,2019.
In accordance with the City Charter of said City.
Robin Estanislau Ci1y Clerk City Clerk and ex-officio Clerk
De u cit Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4173
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 214 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED PS PUBLIC-SEMIPUBLIC DISTRICTS
(ZONING TEXT AMENDMENT NO. 18-003)
WHEREAS, 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. 18-003, which amends Chapter
214 of the Huntington Beach Zoning and Subdivision Ordinance relating to updated, clarified,
and additional land use controls and development standards utilized within Public-Semipublic
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;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That Chapter 214 of the Huntington Beach Zoning and Subdivision
Ordinance titled PS Public-Semipublic Districts is hereby amended to read as set forth in Exhibit
A.
SECTION 2. All other provisions of Chapter 214 not modified herein shall remain in full
force and effect.
SECTION 3. This ordinance shall become effective immediately 30 days after its
adoption.
19-7244/194503 1
Ordinance No.4173
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4th day of February ,2019.
Mayor
ATTEST: APPROVED AS TO FO
City Clerk City Attorney W'
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Manager Director of Community Development
19-7244/194503 2
Or,llir-ar -e lVv. /1173
Exhibit A — ZTA No. 18-003
214.02 Public-Semipublic District Established
The PS Public-Semipublic District is established by this chapter.This district provides areas for large
public or semipublic uses.The intent of this district in the coastal zone is to implement the public,quasi-
public,and institutional land use designation of the certified Local Coastal Program Land Use Plan.
(3334-6/97)
214.04 Applicability
The PS District shall be the base district for the use classifications listed in Section 214.06 where these
have a contiguous site area of two acres or more,including alleys,streets,or other rights-of-way.This
requirement does not apply to public-semipublic use classifications in commercial districts.Public-
semipublic use classifications on sites of less than two acres shall be subject to the provisions of the base
and overlay districts in which they are located.(3553-5/02)
214.06 PS District—Land Use Controls
In the following schedule,letter designations are used as follows:
"P"designates use classifications permitted in PS districts.
"L"designates use classifications subject to certain limitations prescribed by the"Additional
Provisions"which follow.
"PC"designates use classifications permitted on approval of a conditional use permit by the
Planning Commission.
"TU"designates use classifications allowed on approval of a temporary use permit.
"P/U"for an accessory use means that the use is permitted on the site of a permitted use but requires
a conditional use permit on the site of a conditional use.
Use classifications that are not listed are prohibited. Letters in parentheses in the"Additional Provisions"
column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where
letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use
classifications under the heading.
PS District: Land Use Controls
P=Permitted
L=Limited(see Additional Provisions)
PC=Conditional use permit approved by Planning Commission
TU=Temporary use permit
P/U=Requires conditional use permit on site of a conditional use
PS Additional Provisions
Public and Semipublic
Cemetery PC
Convalescent Facilities PC
Cultural Institutions PC
1
Day Care,General PC
Government Offices L-1
Hospitals PC
Maintenance&Service Facilities L-1
Park&Recreation Facilities PC
Public Safety Facilities PC
Religious Assembly ZA
Residential Care,General PC
Schools,Public or Private PC
Utilities,Major PC
Utilities,Minor P
Commercial Uses
Commercial Parking Facility L-3
Communication Facilities L-4
Eating and Drinking Establishments L-2
Vehicle/Equipment Sales and Services L-1
Accessory Uses
Accessory Uses and Structures P/U
Temporary Uses (A)
Animal Shows TU
Circuses and Carnivals TU
Commercial Filming,Limited TU
Trade Fairs P
Nonconforming Uses (B)
PS District:Additional Provisions
L-1 City-owned facilities are permitted;all other facilities require a conditional use permit from the
Zoning Administrator.
L-2 Permitted as an accessory use in a cultural,educational,hospital,or medical institution
occupying no more than 5,000 square feet,only if there is no separate entrance or sign.
2
L-3 Public parking permitted,but commercial parking facilities on City-owned land require a
conditional use permit from the Zoning Administrator.
L-4 Only wireless communication facilities permitted subject to Section 230.96, Wireless
Communication Facilities.
(A) See Section 241.20,Temporary Use Permits.
(B) See Chapter 236,Nonconforming Uses and Structures.(3524-2/02,3568-9/02, 3673-12/04)
214.08 PS District—Develonment Standards
The following schedule prescribes development standards for the PS District.The first column prescribes
basic requirements for permitted and conditional uses in the district. Letters in parentheses in the
"Additional Requirements"column refer to standards following the schedule or located elsewhere in the
zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203,the floor area
ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest
whole number.All required setbacks shall be measured from ultimate right-of-way and in accordance
with definitions set forth in Chapter 203,Definitions.
PS District: Development Standards
PS Additional Requirements
Nonresidential Development (A)
Minimum Lot Area 2 ac
Minimum Lot Width(ft.) 100
Minimum Setbacks
Front(ft.) 10 (B)(C)(M)
Side(ft.) 0 (D)
Street Side(ft.) 10 (C)
Rear(ft.) 0 (D)
Maximum Height of Structures(ft.) 50 (D)(E)(N)
Maximum Floor Area Ratio(FAR) 1.5
Minimum Site Landscaping(%) 8 (F)(G)
Building Design Standards (L)(M)
Fences and Walls (H)(1)
Off-Street Parking/Loading 0)
Outdoor Facilities See Section 230.74 (K)
Screening of Mechanical Equipment See Section 230.76 (K)
Refuse Storage Areas See Section 230.78
Underground Utilities See Ch. 17.64
Performance Standards See Section 230.82
3
Nonconforming Structures See Ch.236
Signs See Ch.233
PS District:Additional Development Standards
(A) See Section 230.62,Building Site Required.
(B) See Section 230.68, Building Projections into Yards and Required Open Space. Double-
frontage lots shall provide front yards on each frontage.
(C) A minimum 50-foot setback is required along Beach Boulevard,Edinger Avenue,and Pacific
Coast Highway or 25-foot setback with the setback area entirely landscaped.
(D) Along a side or rear property line abutting an R district,a 10-foot setback is required,and
structures within 45 feet of the district boundary shall not exceed 18 feet in height.
(E) See Section 230.70, Measurement of Height,and Section 230.72,Exceptions to Height Limits.
(F) Planting Areas.
(1) Required side and rear yards shall be planting areas or shall be enclosed by a solid
concrete or masonry wall at least six feet in height.
(2) A 10-foot wide landscaped strip shall be provided along all street frontages,except for
necessary driveways and walks.
(G) See Chapter 232,Landscape Improvements.
(H) See Section 230.88, Fencing and Yards.
(I) A solid masonry or concrete wall at least six feet in height shall adjoin the site of an existing
ground-floor residential use. However,where the portion of the site within 10 feet of the front
property line is occupied by planting area or by a building having no openings except openings
opposite a street property line,the director may grant an exception to this requirement.A wall
within 15 feet of a street property line shall not exceed 3.5 feet in height.
(J) See Chapter 231,Off-Street Parking and Loading.
(K) See Section 230.44, Recycling Operations,and Section 230.80,Antennae.
(L) A front or street side wall surface shall be no longer than 100 feet without a break,a recess or
offset measuring at least 20 feet in depth and one-quarter of the building length,or a series of
offsets,projections or recesses,at intervals of not more than 40 feet that vary the depth of the
building wall by a minimum of four feet.The director may grant exceptions or allow these standards
to be modified for exceptional or unique structures subject to Design Review,Chapter 244.
(M) On frontages adjacent to major or primary arterials at least 40%of a building surface may be
located at the minimum setback line if additional landscaping is provided on the site.
(N) In the coastal zone,the maximum allowable height of structures shall be reduced as necessary
to retain compatibility with the established physical scale of the area and to preserve and enhance
public visual resources.(3334-6/97,3673-12/04)
214.10 Review of Plans
4
All applications for new construction and exterior alterations and additions shall be submitted to the
Community Development Department for review. Discretionary review shall be required for projects
requiring conditional use permits. Design Review shall be required for all projects except temporary uses
pursuant to Chapter 244.A Coastal Development Permit is required for projects in the Coastal Zone
unless the project is exempt(see Chapter 245).(3871-3/10,4103-10/16)
5
Ord. No. 4173
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 January 22,2019,and was again read to said City
Council at a Regular meeting thereof held on February 4,2019, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
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 February 14,2019. �
In accordance with the City Charter of said City.
Robin Estanislau,01y Clerk City Clerk and ex-officio Clerk
�e u City Clerk Cit Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4174
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED C COMMERCIAL DISTRICTS
(ZONING TEXT AMENDMENT NO. 18-003)
WHEREAS, 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. 18-003, which amends Chapter
211 of the Huntington Beach Zoning and Subdivision Ordinance relating to updated, clarified,
and additional land use controls and development standards utilized within Commercial 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;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That Chapter 211 of the Huntington Beach Zoning and Subdivision
Ordinance titled C Commercial Districts is hereby amended to read as set forth in Exhibit A.
SECTION 2. All other provisions of Chapter 211 not modified herein shall remain in full
force and effect.
SECTION 3. This ordinance shall become effective immediately 30 days after its
adoption.
19-7244/194502 1
Ordinance No.4174
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4 th day of February , 2019.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney '
REVIEWED A D APPROVED: INITIATED AND APPROVED:
VM '
City Manager Director of Community Development
19-7244/194502 2
a-C(l' rXe Af( y y
Exhibit A — ZTA No. 18-003
21L02 Commercial Districts Established
The purpose of the commercial districts is to implement the General Plan and Local Coastal Program
commercial land use designations.Three commercial zoning districts are established by this chapter as
follows:
A. The CO Office Commercial District provides sites for offices for administrative,financial,
professional,medical and business needs.
B. The CG General Commercial District provides opportunities for the full range of retail and
service businesses deemed suitable for location in Huntington Beach.
C. The CV Visitor Commercial District implements the Visitor Serving Commercial land use
designation within the coastal zone and provides uses of specific benefit to coastal visitors. More
specifically,the CV district provides opportunities for visitor-oriented commercial activities,
including specialty and beach related retail shops,restaurants,hotels,motels,theaters,museums,
and related services.(3334-6/97,3774-10/07,4038-12/14)
211.04 CO.CG,and CV Districts—Land Use Controls
In the following schedules,letter designations are used as follows:
"P"designates use classifications permitted in commercial districts.
"L"designates use classifications subject to certain limitations prescribed by the"Additional
Provisions"that follow.
"PC"designates use classifications permitted on approval of a conditional use permit by the
Planning Commission.
"ZA"designates use classifications permitted on approval of a conditional use permit by the Zoning
Administrator.
"TU"designates use classifications allowed upon approval of a temporary use permit.
"P/U"for an accessory use means that the use is permitted on the site of a permitted use,but
requires a conditional use permit on the site of a conditional use.
Use classifications that are not listed are prohibited. Letters in parentheses in the"Additional Provisions"
column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where
letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use
classifications under the heading.
CO,CG,and CV 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
1
CO CG CV Additional Provisions
Residential (J)(Q)(R)(V)
Group Residential PC PC PC
Multifamily Residential - - PC
Public and Semipublic (JXQ)(R)(V)
Clubs and Lodges P P -
Community and Human Services
Drug Abuse Centers - PC -
Primary Health Care L-I 1 L-1 I -
Emergency Kitchens - L-2 -
Emergency Shelters - L-2 -
Residential Alcohol Recovery,General - PC -
Residential Care,General ZA ZA -
Convalescent Facilities ZA ZA -
CulturalInstitutions L-14 L-14 L-14
Day Care,General L-3 L-3 -
Day Care,Large-Family P P - (Y)
Emergency Health Care L-2 L-2 -
Government Offices P P ZA
Heliports PC PC PC (B)
Hospitals PC PC -
Park&Recreation Facilities L-9 L-9 L-9
Public Safety Facilities ZA ZA ZA
Religious Assembly ZA ZA PC
Schools,Public or Private PC PC -
Utilities,Major PC PC PC
Utilities,Minor P P P (L)
Commercial Uses (JXQ)(R)
Ambulance Services - ZA -
Animal Sales&Services L-16
Animal Boarding - ZA -
2
Animal Grooming - P -
Animal Hospitals - ZA -
Animals—Retail Sales - P
Equestrian Centers(CG Zone) - PC - (S)
Pet Cemetery - PC -
Artists' Studios P P P
Banks and Savings&Loans P P P
With Drive-Up Service P P P
Building Materials and Services - P -
Catering Services P P P
Commercial Filming P P P (F)
Commercial Recreation and Entertainment - PC PC (D)
Communication Facilities L-13 L-13 L-13
Eating and Drinking Establishments P P P
W/Alcohol ZA ZA ZA (N)
W/Drive Through - P P
W/Live Entertainment ZA ZA ZA (W)(Y)
W/Dancing PC PC PC (H)
W/Outdoor Dining ZA ZA ZA (X)
Food&Beverage Sales - P L-12
W/Alcoholic Beverage Sales - ZA ZA (N)
Funeral &Interment Services - ZA -
Laboratories L-1 L-1 -
Maintenance&Repair Services - P -
Marine Sales and Services - P P
Nurseries - ZA -
Offices,Business&Professional P P P
Offices,Medical&Dental P P P
Pawn Shops - ZA -
Personal Enrichment Services L-10 L-10 -
Personal Services P P P
Research&Development Services L-1 ZA -
Retail Sales - P P (U)(V)
Secondhand Appliances/Clothing - P
3
Swap Meets, Indoor/Flea Markets - PC - (T)
Swap Meets, Recurring - ZA -
Tattoo Establishments - ZA -
Travel Services P P P
Vehicle Equipment/Sales&Services
Automobile Rentals - L-8 L-8 L-12
Automobile Washing - ZA -
Commercial Parking - ZA ZA (P)
Service Stations - PC PC (E)
Vehicle Equip.Repair - L-5 -
Vehicle Equip. Sales&Rentals ZA ZA - L-12
Vehicle Storage - ZA -
Offices for Vehicle Equip. Sales&Rentals L-15 L-15 -
Bed&Breakfast Inns ZA ZA ZA (K)
Hotels,Motels - PC PC (1)
Condominium-Hotel - - PC (Z)
Fractional Ownership Hotel
Quasi Residential
Timeshares - PC - (1)0)
Residential Hotel - PC - (J)
Single Room Occupancy - PC -
Industrial (J)(Q)(R)(V)
Industry,Custom - L-6 L-6
Accessory Uses (AV)
Accessory Uses&Structures P/U P/U P/U
Temporary Uses (F)(J)(V)
Animal Shows - TU -
Circus and Carnivals and Festivals - TU -
Commercial Filming,Limited - P P (M)
Real Estate Sales P P P
Retail Sales,Outdoor - TU TU (M)
4
Seasonal Sales TU TU TU (M)
Tent Event - P
Trade Fairs - P -
Nonconforming Uses (G)(J)(V)
CO,CG,and CV Districts: Additional Provisions
L-1 Permitted if the space is 5,000 square feet or less;allowed with Neighborhood Notification
pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet.
L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000
square feet or less;allowed with a conditional use permit from the Planning Commission if the
space exceeds 5,000 square feet.(See Section 230.52,Emergency Shelters.)
L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500
square feet or less;allowed with a conditional use permit from the Planning Commission if the
space exceeds 2,500 square feet.
L-4 Reserved.
L-5 Only limited facilities are allowed subject to approval of a conditional use permit from the
Zoning Administrator,and body and fender shops are permitted only as part of a comprehensive
automobile-service complex operated by a new vehicle dealer.
L-6 Only"small-scale"facilities,as described in use classifications,are permitted with a maximum
seven persons employed full time in processing or treating retail products,limited to those sold on
the premises.
L-7 Repealed.
L-8 On-site storage limited to two rental cars or two cars for lease.
L-9 Public facilities permitted,but a conditional use permit from the Zoning Administrator is
required for commercial facilities.
L-10 Permitted if the space is 5,000 square feet or less;allowed with Administrative Permit
approval if space exceeds 5,000 square feet.
In addition,personal enrichment uses within a retail building parked at a ratio of one space per 200 square
feet,shall require no additional parking provided the use complies with the following:
• Maximum number of persons per classroom does not exceed the number of parking
spaces allocated to the suite based upon the square footage of the building;and
• The instruction area does not exceed 75%of total floor area of the personal enrichment
building area.
L-1 I Permitted if the space is 5,000 square feet or less;allowed with a conditional use permit from
the Zoning Administrator if the space exceeds 5,000 square feet.
L-12 Permitted for existing facilities proposing to expand up to 20%of existing floor area or display
area.
5
L-13 For wireless communication facilities see Section 230.96,Wireless Communication Facilities.
All other communication facilities permitted.
L-14 Allowed with Neighborhood Notification pursuant to Chapter 241 if space is 5,000
square feet or less; allowed with a conditional use permit from the Planning Commission if
the space exceeds 5,000 square feet.
L-15 Includes businesses with the primary building use of office for vehicle retail sales and
wholesale businesses which may display the maximum number of vehicles at any given
time as required by the California Department of Motor Vehicles.
L-16 No person shall keep or maintain upon premises owned or controlled by him or her in
the City, any kennel within 200 feet of any residential use. Refer to HBMC Section
7.12.150-Kennels.
(A) Reserved.
(B) See Section 230.40,Helicopter Takeoff and Landing Areas.
(C) Repealed.
(D) See Section 230.38,Game Centers;Chapter 5.28,Dance Halls;Chapter 9.24,Card Rooms;
Chapter 9.32,Poolrooms and Billiards;and Chapter 9.28,Pinball Machines.
(E) See Section 230.32,Service Stations.
(F) See Section 241.20,Temporary Use Permits.
(G) See Chapter 236,Nonconforming Uses and Structures.
(H) For teen dancing facilities,bicycle racks or a special bicycle parking area shall be provided.
These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28,
Dancing Halls;Chapter 5.44,Restaurants-Amusement and Entertainment Premises;and
Chapter 5.70,Adult Entertainment Businesses.
(1) Only permitted on a major arterial street,and a passive or active outdoor recreational amenity
shall be provided.
(J) In the CV District the entire ground floor area and at least one-third of the total floor area shall
be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use
Plan.Any use other than visitor serving commercial shall be located above the ground level,and a
conditional use permit from the Planning Commission or the Zoning Administrator is required.Any
use other than visitor serving commercial uses shall only be permitted if visitor serving uses are
either provided prior to the other use or assured by deed restriction as part of the development.No
office or residential uses shall be permitted in any visitor serving designation seaward of Pacific
Coast Highway.
(K) See Section 230.42,Bed and Breakfast Inns.
(L) Collection containers are permitted in all commercial districts;recycling facilities as an
accessory use to a permitted use shall be permitted upon approval by the director with
Neighborhood Notification pursuant to Chapter 241. See Section 230.44,Recycling Operations.
(M) Subject to approval by the Police Department,Public Works Department, Fire Department and
the director. See also Section 230.86, Seasonal Sales.
6
(N) The following businesses proposing to sell alcoholic beverages for on-site or off-site
consumption are exempt from the conditional use permit process:
(1) Retail markets with no more than 10%of the floor area devoted to sales,display,and
storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction
with the sale of gasoline or other motor vehicle fuel.
(2) Restaurants,bars,and liquor stores located 300 feet or more from any R or PS district,
public or private school,church,or public use.
(3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral
arrangement.
(0) See Section 230.46,Single Room Occupancy.
(P) See Chapter 231 for temporary and seasonal parking.
(Q) Development of vacant land or additions of 10,000 square feet or more in floor area;or
additions equal to or greater than 50%of the existing building's floor area;or additions to buildings
on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a
conditional use permit from the Zoning Administrator.The Community Development Director may
refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to
impact residents or tenants in the vicinity(e.g.,increased noise,traffic).
(R) Projects within 500 feet of a PS District; see Chapter 244.
(S) See Section 230.48,Equestrian Centers.
(T) See Section 230.50, Indoor Swap Meets/Flea Markets.
(U) See Section 230.94,Carts and Kiosks.
(V) In the coastal zone,the preferred retail sales uses are those identified in the visitor serving
commercial land use designation which provide opportunities for visitor-oriented commercial
activities including specialty and beach related retail shops,restaurants, hotels,motels,theaters,
museums,and related services.
(W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be
permitted without a conditional use permit.
(X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit from the
Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be
permitted without a conditional use permit. If over 400 square feet with no alcohol sales,
Neighborhood Notification shall be required pursuant to Chapter 241.
(Y) Neighborhood Notification requirements pursuant to Chapter 241.
(Z) In the CV District,condominium-hotels and/or fractional interest hotels are allowed only at the
Pacific City(Downtown Specific Plan District 7)and Waterfront(Downtown Specific Plan District
9)sites. Refer to Downtown Specific Plan.(3248-6/95,3334-6/97,3341-10/96,3378-2/98,3482-
12/00,3522-2/02,3553-5/02,3568-9/02,3707-6/05,3774-10/07,3848-1/10,3859-2/10,4038-
12/14,4091-10/16)
211.06 CO.CG.and CV Disbictw-0eveloomen Standards
7
The following schedule prescribes development standards for the CO,CG and CV districts.The first three
columns prescribe basic requirements for permitted and conditional uses in each district. Letters in
parentheses in the"Additional Requirements"column refer to standards following the schedule or located
elsewhere in the zoning ordinance.In calculating the maximum gross floor area as defined in Chapter
203,the floor area ratio is calculated on the basis of net site area.Fractional numbers shall be rounded
down to the nearest whole number.All required setbacks shall be measured from ultimate right-of-way
and in accordance with definitions set forth in Chapter 203,Definitions.
CO,CG,and CV Districts: Development Standards
Additional
CO CG CV Requirements
Residential Development (A)(B)
Nonresidential Development (B)
Minimum Lot Area(sq.ft.) 10,000 10,000 10,000 (C)
Minimum Lot Width(ft.) 100 100 100
Minimum Setbacks
Front(ft.) 10 10 0 (D)(E)(0)
Side(ft.) 5 0 0 (F)
Street Side(ft.) 10 10 0 (E)
Rear(ft.) 5 0 0 (F)
Maximum Height of Structures(ft.) 40 50 50 (F)(G)
Maximum Wall Dimensions (N)
Maximum Floor Area Ratio(FAR) 1.0 1.5 0.5
Minimum Site Landscaping(%) 8 8 8 (1-1)(1)
Building Design Standards (0)
Fences and Walls (J)(K)
Off-Street Parking/Loading (L)
Outdoor Facilities See§230.74 (M)
Screening of Mechanical Equipment See§230.76 (M)
Refuse Storage Areas See§230.78
Underground Utilities See Ch. 17.64
Performance Standards See§230.82
Nonconforming Structures See Ch.236
Signs See Ch.233
8
CO,CG,and CV Districts: Additional Development Standards
(A) Dwelling units shall be subject to the standards for minimum setbacks,height limits,maximum
density,open space,balconies and bay windows,and parking for the RMH District.The setback
standards shall apply only to the stories of a building that are intended for residential use.
(B) See Section 230.62,Building Site Required,and Section 230.64, Development on Substandard
Lots.
(C) The minimum site area for a hotel or motel is 20,000 square feet.
(D) See Section 230.68,Building Projections into Yards and Required Open Space.Double-
frontage lots shall provide front yards on each frontage.
(E) A minimum 50-foot setback is required along Beach Boulevard, Pacific Coast Highway and
Edinger Avenue or 25-foot setback with the setback area entirely landscaped.
(F) Along aside or rear property line abutting an R district,a 10-foot setback is required,and
structures within 45 feet of the district boundary shall not exceed 18 feet in height.
(G) See Section 230.70,Measurement of Height,and Section 230.72,Exceptions to Height Limits.
(H) Planting Areas.
(1) Required front and street side yards shall be planting areas except properties with 50-foot
setback shall provide a minimum 10-foot-wide planting area along street frontages.
(2) Required side and rear yards shall be planting areas or shall be enclosed by a solid
concrete or masonry wall at least six feet in height.
(3) Hotels and Motels.A 15-foot-wide landscaped strip shall be provided along all street
frontages,except for necessary driveways and walks.
(I) See Chapter 232, Landscape Improvements.
(J) See Section 230.88,Fencing and Yards.
(K) A solid masonry or concrete wall at least six feet in height shall adjoin the site of an existing
ground-floor residential use.However,where the portion of the site within 10 feet of the front
property line is occupied by planting area or by a building having no openings except openings
opposite a street property line,the director may grant an exception to this requirement.A wall
within 15 feet of a street property line shall not exceed 3.5 feet in height.
(L) See Chapter 231,Off-Street Parking and Loading.
(M) See Section 230.44,Recycling Operations and Section 230.80,Antennae.
(N) A front or street side wall surface shall be no longer than 100 feet without a break,a recess or
offset measuring at least 20 feet in depth and one-quarter of the building length,or a series of
offsets,projections or recesses at intervals of not more than 40 feet that vary the depth of the
building wall by a minimum of four feet.The director may grant exceptions or allow these standards
to be modified for exceptional or unique structures subject to Design Review,Chapter 244.
9
Maximum Wall Length and Required Break
20 r 20f,
Max l00 ti
'Inbroken%%a!! ►
or more
► tpOtt �
Single Horizontal Offsets: 20 Feet
max.10e ft.
uotxokett wall 2�R.20ft' Min 4 fl
recess
25 R. - _ _ 25%of wall
or more must be varied
Variable Offsets: 20 Feet and 4 Feet
(0) Two building design standards are established to make commercial areas more attractive and
provide a unified streetscape:
(1) In the CV District a 10-foot minimum upper-story setback is required above the second
story along street frontages.
Required et ac
• klat.two stories without
xertical break
CV District: Upper-Story Setback
10
(2) In the CO and CV Districts,and on frontages adjacent to major or primary arterials in the
CG District at least 40%of a building surface may be located at the minimum setback line if
additional landscaping is provided on the site.
In. 40 fxrccnt
of front building
cicvation at
�setback line
—Setback line
Building Face at Setback Line
(3707-6/05,3774-10/07,4038-12/14)
211.08 Review of Plans
All applications for new construction,initial establishment of use,exterior alterations and additions shall
be submitted to the Community Development Department for review. Discretionary review shall be
required as follows:
A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning
Administrator;projects on substandard lots;see Chapter 241.
B. Design Review Board. See Chapter 244.
C. Planning Commission. Projects requiring a conditional use permit from the Planning
Commission;see Chapter 241.
D. Projects in the Coastal Zone.A Coastal Development Permit is required unless the project is
exempt;see Chapter 245.(3522-2/02,3868-3/10,3774-10/07,4038-12/14,4091-10/16)
11
Ord. No. 4174
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 January 22,2019,and was again read to said City
Council at a Regular meeting thereof held on February 4,2019, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
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 February 14,2019.
In accordance with the City Charter of said City. ,
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Deputy of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4175
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. 18-003)
WHEREAS, 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. 18-003, 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;
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 set forth in Exhibit A.
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.
19-7244/194501 1
Ordinance No.4175
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4th day of February , 2019.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney �,t V
REVIEWEP ANP APPROVED: INITIATED AND APPROVED:
City Manager Director of Community Development
19-7244/194501 2
Exhibit A — ZTA No. 18-003
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)
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 be effective unless certified by the Coastal
Commission as a Local Coastal Program amendment.(3334-6/97)
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 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 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.
C. Multifamily Residential.Two or more dwelling units on a site.This classification includes
manufactured homes.
D. Residential Alcohol Recovery, Limited. Twenty-four-hour care for no more than six persons
suffering from alcohol problems in need of personal services,supervision, protection or assistance.
This classification includes only those facilities licensed by the State of California.
E. Residential Care,Limited.Twenty-four-hour non-medical care for six or fewer persons in
need of personal services,supervision,protection,or assistance essential for sustaining the activities
of daily living.This classification includes only those services and facilities licensed by the State of
California.
F. Single-Family Residential. Buildings containing one dwelling unit located on a single lot.
This classification includes manufactured homes.
G. 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.
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H. 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.(3334-6/97,3669-12/04,3857-2/10)
2"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 hal Is,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 Alcohol Recovery.General. Facilities providing 24-hour care for more than
six persons suffering from alcohol problems,in need of personal services,supervision,
protection or assistance. These facilities may include an inebriate reception center as well as
facilities for treatment,training,research,and administrative services for program participants
and employees.This classification includes only those facilities licensed by the State of
California.
6. 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.
D. Convalescent Facilities.Establishments providing care on a 24-hour basis for persons
requiring regular medical attention,but excluding facilities providing surgical or emergency medical
services. This classification includes assisted living facilities.
E. Cultural Institutions.Nonprofit institutions displaying or preserving objects of interest in one
or more of the arts or sciences.This classification includes libraries,museums,and art galleries.
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F. Day Care,Large-Family.Non-medical care and supervision for seven to 12 persons,or up to
14 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.
G. Day Care,General.Non-medical care for 13 or more persons on a less than 24-hour basis.
This classification includes nursery schools,preschools,and day-care centers for children or adults.
H. Emergency Health Care. Facilities providing emergency medical service with no provision
for continuing care on an inpatient basis.
1. Government Offices.Administrative,clerical,or public contact offices of a government
agency, including postal facilities,together with incidental storage and maintenance of vehicles.
J. Heliports. Pads and facilities enabling takeoffs and landings by helicopter.
K. Hospitals. Facilities providing medical,surgical,psychiatric,or emergency medical services to
sick or injured persons,primarily on an inpatient basis.This classification includes incidental
facilities for out-patient treatment,as well as training,research,and administrative services for
patients and employees.
L. Maintenance and Service Facilities. Facilities providing maintenance and repair services for
vehicles and equipment,and materials storage areas.This classification includes corporation yards,
equipment service centers,and similar facilities.
M. Marinas.A boat basin with docks,mooring facilities,supplies and equipment for small boats.
N. Park and Recreation Facilities.Noncommercial parks,playgrounds,recreation facilities,and
open spaces.
O. Public Safety Facilities. Facilities for public safety and emergency services,including police
and fire protection.
P. Religious Assembly. Facilities for religious worship and incidental religious education,but not
including private schools as defined in this section.
Q. Schools,Public or Private. Educational institutions having a curriculum comparable to that
required in the public schools of the State of California.
R. Utilities, Major.Generating plants,electrical substations,above-ground electrical
transmission lines,switching buildings,refuse collection,transfer,recycling or disposal facilities,
flood control or drainage facilities,water or wastewater treatment plants,transportation or
communications utilities,and similar facilities of public agencies or public utilities.
S. Utilities,Minor. Utility facilities that are necessary to support legally established uses and
involve only minor structures such as electrical distribution lines,underground water and sewer
lines,and recycling and collection containers.(3334-6/97,3669-12/04)
204.10 Commercial Use Classifications
A. Ambulance Services.Provision of emergency medical care or transportation,including
incidental storage and maintenance of vehicles as regulated by Chapter 5.20.
B. Animal Sales and Services.
l. Animal Boarding.Provision of shelter and care for small animals on a commercial basis.
This classification includes activities such as feeding,exercising,grooming,and incidental
medical care,and kennels.
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2. Animal Grooming.Provision of bathing and trimming services for small animals on a
commercial basis.This classification includes boarding for a maximum period of 48 hours.
3. Animal Hospitals. Establishments where small animals receive medical and surgical
treatment.This classification includes only facilities that are entirely enclosed,soundproofed,
and air-conditioned.Grooming and temporary(maximum 30 days)boarding of animals are
included,if incidental to the hospital use.
4. Animals,Retail Sales. Retail sales and boarding of small animals,provided such activities
take place within an entirely enclosed building.This classification includes grooming, if
incidental to the retail use,and boarding of animals not offered for sale for a maximum period
of 48 hours.
5. Equestrian Centers.Establishments offering facilities for instruction in horseback riding,
including rings,stables,and exercise areas.
6. Pet Cemetery.Land used or intended to be used for the burial of animals,ashes or
remains of dead animals,including placement or erection of markers,headstones or
monuments over such places of burial.
C. Artists'Studios. Work space for artists and artisans,including individuals practicing one of
the fine arts or performing arts,or skilled in an applied art or craft.
D. Banks and Savings and Loans. Financial institutions that provide retail banking services to
individuals and businesses.This classification includes only those institutions engaged in the on-site
circulation of cash money. It also includes businesses offering check-cashing facilities.
With Drive-up Service. Institutions providing services accessible to persons who remain in
their automobiles.
E. Building Materials and Services. Retailing, wholesaling,or rental of building supplies or
equipment.This classification includes lumber yards,tool and equipment sales or rental
establishments,and building contractors'yards,but excludes establishments devoted exclusively to
retail sales of paint and hardware,and activities classified under Vehicle/Equipment Sales and
Services.
F. Catering Services. Preparation and delivery of food and beverages for off-site consumption
without provision for on-site pickup or consumption.(See also Eating and Drinking
Establishments.)
G. Commercial Filming.Commercial motion picture or video photography at the same location
more than six days per quarter of a calendar year.(See also Chapter 5.54,Commercial
Photography.)
H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation
or entertainment.This classification includes theaters,sports stadiums and arenas,amusement parks,
bowling alleys,billiard parlors and poolrooms as regulated by Chapter 9.32;dance halls as regulated
by Chapter 5.28;ice/roller skating rinks,golf courses,miniature golf courses,scale-model courses,
shooting galleries,tennis/racquetball courts,health/fitness clubs, pinball arcades or electronic games
centers,cyber caf6 having more than four coin-operated game machines as regulated by
Chapter 9.28;card rooms as regulated by Chapter 9.24;and fortune telling as regulated by
Chapter 5.72.
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Limited. Indoor movie theaters,game centers and performing arts theaters and health/fitness
clubs occupying less than 2,500 square feet.
I. Communications Facilities. Broadcasting,recording,and other communication services
accomplished through electronic or telephonic mechanisms,but excluding Utilities(Major).This
classification includes radio,television,or recording studios;telephone switching centers;telegraph
offices;and wireless communication facilities.
J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for
consumption on or off the premises.
1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for
their food at a counter or window before it is consumed and may either pick up or be served
such food at a table or take it off-site for consumption.
a. Drive-through. Service from a building to persons in vehicles through an outdoor
service window.
b. Limited. Establishments that do not serve persons in vehicles or at a table.
2. With Live Entertainment/Dancing.An eating or drinking establishment where dancing
and/or live entertainment is allowed. This classification includes nightclubs subject to the
requirements of Chapter 5.44 of the Municipal Code.
K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and
consumption.Typical uses include groceries, liquor stores,or delicatessens. Establishments at which
20%or more of the transactions are sales of prepared food for on-site or take-out consumption shall
be classified as Catering Services or Eating and Drinking Establishments.
With Alcoholic Beverage Sales. Establishments where more than 10%of the floor area is
devoted to sales,display and storage of alcoholic beverages.
L. Food Processing.Establishments primarily engaged in the manufacturing or processing of
food or beverages for human consumption and wholesale distribution.
M. Funeral and Interment Services.Establishments primarily engaged in the provision of
services involving the care,preparation or disposition of human dead other than in cemeteries.
Typical uses include crematories,columbariums,mausoleums or mortuaries.
N. Horticulture.The raising of fruits,vegetables,flowers,trees,and shrubs as a commercial
enterprise.
O. Laboratories. Establishments providing medical or dental laboratory services;or
establishments with less than 2,000 square feet providing photographic,analytical,or testing
services.Other laboratories are classified as Limited Industry,
P. Maintenance and Repair Services.Establishments providing appliance repair,office machine
repair,or building maintenance services. This classification excludes maintenance and repair of
vehicles or boats;see(Vehicle/Equipment Repair).
Q. Marine Sales and Services.Establishments providing supplies and equipment for shipping or
related services or pleasure boating.Typical uses include chandleries,yacht brokerage and sales,
boat yards,boat docks,and sail-making lofts.
R. Reserved.
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S. Nurseries. Establishments in which all merchandise other than plants is kept within an
enclosed building or a fully screened enclosure,and fertilizer of any type is stored and sold in
package form only.
T. Offices,Business and Professional.Offices of firms or organizations providing professional,
executive,management,or administrative services,such as architectural,engineering,graphic
design,interior design,real estate,insurance,investment, legal,and veterinary offices.This
classification includes medical/dental laboratories incidental to an office use,but excludes banks and
savings and loan associations.
U. Offices,Medical and Dental.A business which is primarily engaged in providing services for
health maintenance,diagnosis or treatment of human disease,pain, injury,physical or mental
condition,including,but not limited to,offices of acupuncturists,chiropractors,dentists,
optometrists,physicians,podiatrists,dermatologists,psychiatrists,psychologists and physical
therapists.
V. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand
merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the
Municipal Code.
W. Personal Enrichment Services. Provision of instructional services or facilities,including
photography,fine arts,crafts,dance or music studios,driving schools,business and trade schools,
and diet centers,reducing salons, fitness studios,and yoga or martial arts studios.
X. Personal Services.Provision of recurrently needed services of a personal nature.This
classification includes barber and beauty shops,permanent and semi-permanent makeup such as
microblading,non-surgical medspas such as laser hair removal,eyelash extensions,injectables,
coolsculpting,etc.,seamstresses,tailors,shoe repair shops,dry-cleaning businesses(excluding
large-scale bulk cleaning plants),photo-copying,self-service laundries,and massage as regulated by
Chapter 5.24.
Y. Research and Development Services. Establishments primarily engaged in industrial or
scientific research,including limited product testing.This classification includes electron research
firms or pharmaceutical research laboratories,but excludes manufacturing,except of prototypes,or
medical testing and analysis.
Z. Retail Sales.The retail sale of merchandise not specifically listed under another use
classification.This classification includes department stores,drug stores,clothing stores,and
furniture stores,and businesses retailing the following goods:toys,hobby materials,handcrafted
items,jewelry,cameras,photographic supplies,medical supplies and equipment,electronic
equipment,records,sporting goods,surfing boards and equipment,kitchen utensils,hardware,
appliances,antiques,art supplies and services,paint and wallpaper,carpeting and floor covering,
office supplies,bicycles,and new automotive parts and accessories(excluding service and
installation).
AA. Secondhand Appliances and Clothing Sales.The retail sale of used appliances and
clothing by secondhand dealers who are subject to Chapter 5.36.This classification excludes antique
shops primarily engaged in the sale of used furniture and accessories other than appliances,but
includes junk shops.
BB. Sex-Oriented Businesses.Establishments as regulated by Chapter 5.70;and figure model
studios as regulated by Chapter 5.60.
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CC. Swap Meets,Indoor/Flea Markets.An occasional,periodic or regularly scheduled market
held within a building where groups of individual vendors offer goods for sale to the public.
DD. Swap Meets,Recurring.Retail sale or exchange of handcrafted or secondhand merchandise
for a maximum period of 32 consecutive hours,conducted by a sponsor on a more than twice yearly
basis.
EE. Tattoo Establishment.Premises used for the business of marking or coloring the skin with
tattoos as regulated by Chapter 8.70.
FF. Travel Services. Establishments providing travel information and reservations to individuals
and businesses.This classification excludes car rental agencies.
GG. Vehicle/Equipment Sales and Services.
1. Automobile Rentals.Rental of automobiles,including storage and incidental
maintenance,but excluding maintenance requiring pneumatic lifts.
2. Automobile Washing. Washing,waxing,or cleaning of automobiles or similar light
vehicles.
3. Commercial Parking Facility. Lots offering short-term or long-term parking to the public
for a fee.
4. Service Stations. Establishments engaged in the retail sale of gas,diesel fuel, lubricants,
parts,and accessories.This classification includes incidental maintenance and minor repair of
motor vehicles,but excluding body and fender work or major repair of automobiles,
motorcycles,light and heavy trucks or other vehicles.
5. Vehicle/Equipment Repair. Repair of automobiles,trucks,motorcycles,mobile homes,
recreational vehicles,or boats,including the sale, installation,and servicing of related
equipment and parts.This classification includes auto repair shops,body and fender shops,
transmission shops,wheel and brake shops,and tire sales and installation,but excludes vehicle
dismantling or salvage and tire retreading or recapping.
Limited. Light repair and sale of goods and services for vehicles,including brakes,
muffler,tire shops,oil and lube,and accessory uses,but excluding body and fender
shops,upholstery,painting,and rebuilding or reconditioning of vehicles.
6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles,motorcycles,trucks,
tractors,construction or agricultural equipment,manufactured homes,boats,and similar
equipment,including storage and incidental maintenance.
7. Offices for Vehicle Retail Sales/Wholesale. This classification includes businesses with
the primary building use of office for vehicle retail sales and wholesale businesses which may
display the maximum number of vehicles at any given time as required by the California
Department of Motor Vehicles.
8. Vehicle Storaee.The business of storing or safekeeping of operative and inoperative
vehicles for periods of time greater than a 24 hour period, including,but not limited to,the
storage of parking tow-aways, impound yards,and storage lots for automobiles,trucks, buses
and recreational vehicles,but not including vehicle dismantling.
HH. Visitor Accommodations.
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1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a
converted single-family or multi-family dwelling or a building of residential design,with
incidental eating and drinking service for lodgers only provided from a single kitchen.
2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly
basis. Motels may have kitchens in no more than 25%of guest units,and"suite"hotels may
have kitchens in all units.This classification includes eating,drinking,and banquet service
associated with the facility.
3. Condominium-Hotel. Facility providing overnight visitor accommodations where
ownership of at least some of the individual guestrooms(units)within the larger building or
complex is in the form of separate condominium ownership interests,as defined in
California Civil Code Section 1351(f).The primary function of the Condominium-Hotel is to
provide overnight transient visitor accommodations within every unit that is available to the
general public on a daily basis year-round,while providing both general public availability and
limited owner occupancy of those units that are in the form of separate condominium
ownership interests.
4. Fractional Ownership Hotel. Facility providing overnight visitor accommodations where
at least some of the guestrooms(units)within the facility are owned separately by multiple
owners on a fractional time basis. A fractional time basis means that an owner receives
exclusive right to use of the individual unit for a certain quantity of days per year and each unit
available for fractional ownership will have multiple owners.
11. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-
style buildings where these goods are not produced on the site but are offered to the public for sale.
JJ. Quasi Residential.
1. Residential Hotels. Buildings with six or more guest rooms without kitchen facilities in
individual rooms,or kitchen facilities for the exclusive use of guests,and which are intended
for occupancy on a weekly or monthly basis.
2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster
of guest units providing sleeping and living facilities in which sanitary facilities and cooking
facilities are provided within each unit;tenancies are weekly or monthly.
3. Timeshare.Any arrangement,plan,or similar program,other than an exchange program,
whereby a purchaser receives ownership rights in or the right to use accommodations for a
period of time less than a full year during any given year,on a recurring basis for more than
one year,but not necessarily for consecutive years.(3334-6/97,3378-2/98,3568-9/02, 3669-
12/04,3757-1/07,3774-10/07,3788-12/07,3842-11/09)
204.12 Industrial Use Classifications
A. Industry,Custom.Establishments primarily engaged in on-site production of goods by hand
manufacturing involving the use of hand tools and small-scale equipment.
Small-Scale. Includes mechanical equipment not exceeding two horsepower or a single kiln not
exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced
on-site.Typical uses include ceramic studios,candle-making shops,and custom jewelry
manufacture.
8
B. Industry,General. Manufacturing of products,primarily from extracted or raw materials,or
bulk storage and handling of such products and materials. Uses in this classification typically
involve a high incidence of truck or rail traffic,and/or outdoor storage of products,materials,
equipment,or bulk fuel.This classification includes chemical manufacture or processing,food
processing and packaging, laundry and dry cleaning plants,auto dismantling within an enclosed
building,stonework and concrete products manufacture(excluding concrete ready-mix plants),
small animal production and processing within an enclosed building,and power generation.
C. Industry,Limited.Manufacturing of finished parts or products,primarily from previously prepared
materials;and provision of industrial services,both within an enclosed building.This classification in-
cludes processing,fabrication,assembly,treatment,and packaging,but excludes basic industrial
processing from raw materials and Vehicle/Equipment Services,but does allow food processing for
human consumption.
D. Industry,Research and Development. Establishments primarily engaged in the research,
development,and controlled production of high-technology electronic,industrial or scientific
products or commodities for sale,but prohibits uses that may be objectionable in the opinion of the
director,by reason of production of offensive odor,dust,noise,vibration,or in the opinion of the
Fire Chief by reason of storage of hazardous materials.Uses include aerospace and biotechnology
firms,and non-toxic computer component manufacturers.
1. This classification also includes assembly,testing and repair of components,devices,
equipment,systems,parts and components such as but not limited to the following:coils,
tubes,semi-conductors;communication,navigation,guidance and control equipment;data
processing equipment; filing and labeling machinery;glass edging and silvering equipment;
graphics and art equipment;metering equipment;optical devices and equipment;photographic
equipment;radar,infrared and ultraviolet equipment;radio and television equipment.
2. This classification also includes the manufacture of components,devices,equipment,
parts and systems which includes assembly,fabricating,plating and processing,testing and
repair,such as but not limited to the following:machine and metal fabricating shops,model
and spray painting shops,environmental test,including vibration analysis,cryogenics,and
related functions, plating and processing shops,nuclear and radioisotope.
3. This classification also includes research and development laboratories including
biochemical and chemical development facilities for national welfare on land,sea,or air;and
facilities for film and photography,metallurgy;pharmaceutical,and medical and x-ray
research.
E. Wholesaling,Distribution and Storage. Storage and distribution facilities without sales to the
public on-site or direct public access except for recycling facilities and public storage in a small
individual space exclusively and directly accessible to a specific tenant.This classification includes
mini-warehouses.(3334-6/97)
204.14 Accessory Use Classifications
Accessory Uses and Structures.Uses and structures that are incidental to the principal permitted or
conditionally permitted use or structure on a site and are customarily found on the same site.This
classification includes detached or attached garages,home occupations,caretakers' units,and dormitory
9
type housing for industrial commercial workers employed on the site,and accessory dwelling units.
(3334-6/97)
204.16 Temoorary Use Classifications
A. Animal Shows.Exhibitions of domestic or large animals for a maximum of seven days.
B. Festivals,Circuses and Carnivals. Provision of games,eating and drinking facilities, live
entertainment,animal exhibitions,or similar activities in a tent or other temporary structure for a
maximum of seven days.This classification excludes events conducted in a permanent
entertainment facility.
C. Commercial Filming,Limited.Commercial motion picture or video photography at a specific
location six or fewer days per quarter of a calendar year.(See also Chapter 5.54,Commercial
Photography.)
D. Personal Property Sales.Sales of personal property by a resident("garage sales")for a period
not to exceed 48 consecutive hours and no more than once every six months.
E. Real Estate Sales.An office for the marketing,sales,or rental of residential,commercial,or
industrial development.This classification includes"model homes."
F. Retail Sales,Outdoor.Retail sales of new merchandise on the site of a legally established
retail business for a period not to exceed 96 consecutive hours(four days)no more than once every
three months.
G. Seasonal Sales. Retail sales of seasonal products,including Christmas trees,Halloween
pumpkins and strawberries.
H. Street Fairs. Provision of games,eating and drinking facilities,live entertainment,or similar
activities not requiring the use of roofed structures.
I. Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry for
a maximum period of five days per year.
J. Temporary Event.Those temporary activities located within the coastal zone that do not
qualify for an exemption pursuant to Section 245.08.
K. Tent Event.Allows for the overflow of any assembly for a period not to exceed 72 consecutive
hours and not more than once every three months.(3334-6/97,3521-2/02,3669-12/04,3724-2/06)
204.18 Prohibited Use&—Medical Mariivana Businesses
A. Purpose. In order to expressly inform the public that any distribution of marijuana by Medical
Marijuana Businesses,Collectives,Cooperatives or Dispensaries,etc., is prohibited in the City of
Huntington Beach,the City is adding this express prohibition to the Zoning and Subdivision
Ordinance.
B. Definitions. For purposes of this section,the following term is defined:
1. Medical Marijuana Business,Collective,Cooperative or Dispensary means any
location,structure,facility,vehicle,business,store,co-op,residence,or similar facility used,in
full or in part,as a place at or in which marijuana is sold,traded,exchanged,bartered for in
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any way,made available,located,stored,displayed,placed or cultivated,including any of the
foregoing if used in connection with the distribution of marijuana.
C. Medical Marijuana Businesses,Collectives,Cooperatives or Dispensaries. A Medical
Marijuana Business,Collective,Cooperative or Dispensary or any other such business,no matter
how so named,is not a permitted use in any zoning district or specific plan in the City. It shall be
unlawful for any person or entity to own,manage,establish,conduct or operate a Medical Marijuana
Business,Collective,Cooperative or Dispensary.Also,it shall be unlawful for any person to permit
to be established,conducted,operated,owned or managed as a landlord,owner,employee,
contractor,agent or volunteer,or in any other manner or capacity,any Medical Marijuana Business,
Collective,Cooperative or Dispensary in the City.
D. Public Nuisance.Any use or condition caused or permitted to exist in violation of any of the
provisions of this article is hereby declared a public nuisance and may be abated by the City.
E. Enforcement.
I. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance
is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code
including the Zoning and Subdivision Ordinance.
2. Nothing in this article in any way limits any other remedies that may be available to the
City,or any penalty that may be imposed by the City, for violations of this article.Such
additional remedies include,but are not limited to,injunctive relief or administrative citations.
(4059-5/15,4058-6/15,4137-10/17)
204.20 Prohibited Uses—.Commercial Non-Medical Mariivana Businesses and Deliveries
A. Purpose. In order to expressly inform the public that any sale or distribution of non-medical
marijuana by Commercial Non-Medical Marijuana Businesses,Collectives,Cooperatives or
Dispensaries,etc.,however named is prohibited in the City of Huntington Beach,the City is adding
this express prohibition to the Zoning and Subdivision Ordinance.
B. Definitions. Unless otherwise specifically defined herein,the definitions contained within
Adult Use of Marijuana Act shall apply to this Ordinance.
I. Commercial Non-Medical Marijuana Business,Collective,Cooperative or
Dispensary means any location,structure,facility,vehicle,business,store,co-op,residence,
or similar facility used,in full or in part,as a place at or in which marijuana(including
marijuana for recreational use)is sold,traded,exchanged,bartered for in any way,made
available, located,stored,displayed,placed or cultivated, including any of the foregoing if
used in connection with the sale or distribution of non-medical marijuana.
2. Non-medical marijuana delivery means the commercial transfer of non-medical
marijuana or non-medical marijuana products to a person, including any technology that
enables persons to arrange for or facilitate the commercial transfer of non-medical marijuana
or non-medical marijuana products.
3. Non-medical marijuana products means non-medical marijuana that has undergone a
process whereby the plant material has been transformed into a concentrate,including,but not
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limited to,concentrated cannabis,or an edible or topical product containing marijuana or
concentrated cannabis and other ingredients.
C. Commercial Non-Medical Marijuana Businesses,Collectives,Cooperatives or
Dispensaries.A Commercial Non-Medical Marijuana Business,Collective,Cooperative or
Dispensary or any other such business,no matter how so named,is not a permitted use in any
zoning district or specific plan in the City. It shall be unlawful for any person or entity to own,
manage,establish,conduct or operate a Commercial Non-Medical Marijuana Business,Collective,
Cooperative or Dispensary.Also,it shall be unlawful for any person to permit to be established,
conducted,operated,owned or managed as a landlord,owner,employee,contractor, agent or
volunteer,or in any other manner or capacity,any Commercial Non-Medical Marijuana Business,
Collective,Cooperative or Dispensary in the City.
D. Non-Medical Marijuana Deliveries. Delivery of non-medical marijuana is not a permitted use
in any zoning district or specific plan in the City.No permit or any other applicable license or
entitlement for use,nor any business license,shall be approved or issued for the establishment,
maintenance or operation of non-medical marijuana deliveries.
E. Public Nuisance.Any use or condition caused or permitted to exist in violation of any of the
provisions of this section is hereby declared a public nuisance and may be abated by the City.
F. Enforcement.
1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance
is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code
including the Zoning and Subdivision Ordinance.
2. Nothing in this section in any way limits any other remedies that may be available to the
City,or any penalty that may be imposed by the City,for violations of this section. Such
additional remedies include,but are not limited to,injunctive relief or administrative citations.
(4137-10/17)
244.22 Non-Medical Mariivana Cultivation
A. Purpose.The purpose and intent of this section is to regulate the cultivation of non-medical
marijuana in a manner that protects the health,safety and welfare of the community. Health and
Safety Code section 11362.2 authorizes the City to adopt reasonable regulations regarding the
cultivation of non-medical marijuana inside a private residence or accessory structure to a private
residence.That section also authorizes the City to completely prohibit the cultivation of non-medical
marijuana outside,as long as the California Attorney General has not made a determination that the
non-medical use of marijuana is lawful in California under federal law. The Attorney General has
not made such a determination.
This section is not intended to interfere with the right of an individual 21 years of age or older to
possess or cultivate non-medical marijuana,as provided for by Proposition 64.This section is not
intended to give any person independent legal authority to grow non-medical marijuana;it is
intended simply to impose reasonable regulations on the cultivation of non-medical marijuana when
cultivation is authorized by California law.
Furthermore,it is the purpose and intent of this section to require that non-medical marijuana
allowed to be cultivated pursuant to Proposition 64 only be done so in appropriately secured,
12
enclosed,and ventilated structures,so as not to be visible to the general public;to provide for the
health,safety and welfare of the public;to prevent odor created by non-medical marijuana plants
from impacting adjacent properties;and to ensure that marijuana grown in the City remains secured.
B. Definitions. For the purposes of this section,the following definitions shall apply unless the
context clearly indicates otherwise. If a word is not defined in this section,and not otherwise
defined in state law,the common and ordinary meaning of the word shall apply.
1. Cultivation means the planting,growing,harvesting,drying or processing of marijuana
plants or any part thereof.
2. Fully enclosed and secure structure means a space within a building that complies with
the applicable Building Code and Zoning and Subdivision Ordinance,and has a complete roof
enclosure supported by connecting walls extending from the ground to the roof,a foundation
slab or equivalent base to which the floor is secured by bolts or similar attachments,is secure
against unauthorized entry,and is accessible only through one or more lockable doors. Walls
and roof must be constructed of solid materials that cannot be easily broken through,and must
be constructed with non-transparent material.
3. Indoors means inside a fully enclosed and secure structure or within a residential
structure.
4. Non-medical marijuana means marijuana that is intended to be used for non-medical
purposes pursuant to Health and Safety Code section 111362.1 et seq.
5. Non-medical marijuana cultivation means the planting,growing,harvesting,drying or
processing of non-medical marijuana plants or any part thereof pursuant to Health and Safety
Code section 11362.1 et seq.,as those sections may be amended from time to time.
6. Outdoors means any location within the City that is not within a fully enclosed and
secure structure.
7. Person means any individual,partnership,co-partnership,firm,association,joint stock
company,corporation,limited liability corporation,collective,cooperative,or combination
thereof in whatever form or character.
8. Private residence means a house,an apartment unit,a mobile home or other similar
dwelling.
C. Cultivation of non-medical marijuana.The following regulations shall apply to the
cultivation of non-medical marijuana within the City:
1. Cultivation not in compliance with this section. It is declared to be unlawful and a
public nuisance for any person owning,leasing,occupying or having charge or possession of
any parcel or premises within any zoning district or specific plan in the City to cultivate non-
medical marijuana except as provided for in this Code.No person other than an individual 21
years of age or older may engage in the cultivation of non-medical marijuana.
2. Outdoor cultivation.It is unlawful and a public nuisance for any person owning, leasing,
occupying,or having possession of any legal parcel or premises within any zoning district or
specific plan in the City to cause or allow such parcel or premises to be used for the outdoor
cultivation of non-medical marijuana.
3. Indoor cultivation. Indoor cultivation of non-medical marijuana is prohibited in all
zoning districts and specific plans of the City,except for residential zones, mixed use zones,or
13
in commercial zones,when such cultivation occurs on a parcel or premises with an approved
private residence.All cultivation must be in compliance with this section and state law.
4. Indoor cultivation in private residence.The indoor cultivation of non-medical
marijuana in a residential zone,mixed use zone,or in a commercial zone on a parcel or
premises with an approved private residence,shall only be conducted within a fully enclosed
and secure structure or within a residential structure. Such cultivation shall be in conformance
with the following minimum standards:
a. The primary use of the property shall be for a residence.Non-medical marijuana
cultivation is prohibited as a home occupation.
b. All areas used for cultivation of non-medical marijuana shall comply with the
Huntington Beach Municipal Code including the Zoning and Subdivision Ordinance,as
well as applicable law.
c. Indoor grow lights shall not exceed 1,200 watts per light,and shall comply with the
California Building, Electrical and Fire Codes as adopted by the City. Lights shall be
located away from combustible materials and a minimum of 30 inches from fire
sprinklers.
d. The use of gas products(CO2,butane,propane,natural gas,etc.)or generators for
cultivation of non-medical marijuana is prohibited.
e. Any fully enclosed and secure structure or residential structure used for the
cultivation of non-medical marijuana must have a ventilation and filtration system
installed that shall prevent marijuana plant odors from exiting the interior of the structure
and that shall comply with the Huntington Beach Municipal Code, including the Zoning
and Subdivision Ordinance.
f. A fully enclosed and secure structure used for the cultivation of non-medical
marijuana shall be located in the rear yard area of the parcel or premises,and must
maintain a minimum 10-foot setback from any property line as well as any other
applicable development standards of the zoning district.The yard where the fully
enclosed and secure structure is maintained must be enclosed by a solid fence at least six
feet in height.This provision shall not apply to cultivation occurring in a garage.
g. Adequate mechanical locking or electronic security systems must be installed as part
of the fully enclosed and secure structure or the residential structure prior to the
commencement of cultivation.
h. Non-medical marijuana cultivation shall be limited to six marijuana plants per
private residence,regardless of whether the marijuana is cultivated inside the residence or
a fully enclosed and secure structure.The limit of six plants per private residence shall
apply regardless of how many individuals reside at the private residence.
i. The residential structure shall remain at all times a residence,with legal and
functioning cooking,sleeping and sanitation facilities with proper ingress and egress.
These rooms shall not be used for non-medical marijuana cultivation where such
cultivation will prevent their primary use for cooking of meals,sleeping and bathing.
j. Cultivation of non-medical marijuana shall only take place on impervious surfaces.
14
k. From a public right-of-way,there shall be no exterior evidence of non-medical
marijuana cultivation occurring on the parcel.
I. Non-medical marijuana cultivation area,whether in a fully enclosed and secure
structure or inside a residential structure,shall not be accessible to persons under 21 years
of age.
m. Written consent of the property owner to cultivate non-medical marijuana within the
residential structure shall be obtained and shall be kept on the premises,and available for
inspection by the Chief of Police or his/her designee.
n. A 2A:IOB:C portable fire extinguisher that complies with the regulations and
standards adopted by the state fire marshal and applicable law,shall be kept in the fully
enclosed and secure structure used for cultivation of non-medical marijuana. If
cultivation occurs in a residential structure,the portable fire extinguisher shall be kept in
the same room where the cultivation occurs.
D. Public Nuisance.Any use or condition caused or permitted to exist in violation of any of the
provisions of this section is hereby declared a public nuisance and may be abated by the City.
E. Enforcement.
I. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance
is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code
including the Zoning and Subdivision Ordinance.
2. Nothing in this section in any way limits any other remedies that may be available to the
City,or any penalty that may be imposed by the City,for violations of this section. Such
additional remedies include,but are not limited to, injunctive relief or administrative citations.
(4137-10/17)
is
Ord. No. 4175
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 January 22,2019, and was again read to said City
Council at a Regular meeting thereof held on February 4,2019, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
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 February 14,2019.
In accordance with the City Charter of said City.
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
4�(d��D�cutity Clerk of the City Council of the City
of Huntington Beach,California
ORDINANCE NO. 4176
I
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. 18-003)
WHEREAS, 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. 18-003, 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:
SECTION 1. That Chapter 203 of the Huntington Beach Zoning and Subdivision
Ordinance titled Definitions is hereby amended to read as set forth in Exhibit A.
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.
l 9-7244/194499 1
Ordinance No.4176
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4th day of February , 2019.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney AV
REVIEWED ND APPROVED: INITIATED AND APPROVED:
r�i,4� , Kma P. Q,--
City Manager Director of Community Development
19-7244/194499 2
Ordi rY ry,r-, Flo. 41-7(o
Exhibit A — ZTA No. 18-003
203.02 ARRlicabilitli
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.(Ord.4037-12/14)
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.(Ord.4037-12/14)
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.
1
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.
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.
2
Street
, - Area to
-` be dedicated
2500 .57 .53 i
gross acre net acre 230'
f
f_
100'
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 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.
3
Roof
Second Story
I
First Story_
If this basement ceiling is
Finished I more than-1'ft. from
Grade Basement average adjoining finished
L _ _ _ _ V urade, the basement is
considered a stony.
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.
777
_J Li
Blockface
Boarding House. A building with not more than five guest rooms where lodging and meals are provided
for not more than 10 persons, but shall not include rest homes or convalescent homes.Guest rooms
numbering six or over shall be considered a hotel.
Building.Any structure having a roof supported by columns or walls for the housing or enclosure of
persons,animals,chattels,or property of any kind.
Caretaker's Quarters.A dwelling unit on the site of a commercial, industrial,public, or semipublic use,
occupied by a guard or caretaker.
4
Carport.A permanent roofed accessory structure with not more than two enclosed sides intended for
vehicle storage.
Cart/Kiosk.Any portable,non-motorized unit used by a vendor as described in Section 230.94.
City.The City of Huntington Beach.
Clinic.An establishment where patients,who are not lodged overnight,are admitted for examination and
treatment by one or more of a group of physicians,dentists,optometrists,psychologists,or social workers
practicing together.
Coastal Zone.A geographic zone adjacent to the shoreline,the boundaries of which are determined by
the California Coastal Act of 1976,as amended.
Collection Containers.Containers or buildings with a gross floor area of 500 square feet or less used for
the deposit and storage of household articles or recyclables.
Commission.The Huntington Beach Planning Commission.
Community Apartment Project.A project in which an individual interest in land is coupled with the
right exclusively to occupy an individual unit,as provided in Section 11004 of the California Business
and Professions Code.
Completely Rebuilt.Rebuilding the nonconforming structure or use as it had legally existed immediately
prior to its destruction.
Conditional Use.A use of land that,due to the specific nature and unique characteristics of the use,
requires special standards and discretionary review.
Condominium.An estate in real property consisting of an undivided interest in common in a portion of a
parcel of real property together with a separate interior space in a residential,industrial or commercial
building on the real property,such as an apartment,office or store.A condominium may include,in
addition,a separate interest in other portions of the real property.
Conforming Building.A building that fully meets the requirements of Title 17(Building Regulations)
and also conforms to all property-development regulations and requirements prescribed for the district in
which it is located.
Convenience Market.A retail use in conjunction with gasoline sales in which the sales room exceeds
200 square feet.
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.
5
Director.The Director of Community Development or his or her designee.
Distribution Line.An electric power line bringing power from a distribution substation to consumers.
District.A portion of the City within which the use of land and structures and the location,height,and
bulk of structures are governed by this ordinance.The zoning ordinance establishes"base zoning
districts"for residential,commercial,industrial,public and open space uses,and"overlay districts,"
which modify base district provisions and standards.
Drilling.The digging or boring of a new well into the earth for the purpose of exploring for,developing
or producing oil,gas or other hydrocarbons,or for the purpose of injecting water,steam or any other
substance into the earth.
Dwelling,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.
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.
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.
6
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.
FAR of 0.5
FAR of 1.0
FAR of 13
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.)
7
Helipad or Helistop.A heliport without auxiliary facilities such as waiting room,helicopter parking,
fueling and maintenance equipment.
Heliport.An area,either at ground level or elevated on a structure,that is used or intended to be used for
the takeoff and landing of helicopters,and includes some or all the various facilities useful to helicopter
operations, including helicopter parking,waiting room, fueling and maintenance equipment.
Home Occupation. Business activity conducted in a dwelling unit in a residential district that is
incidental to the principal residential use of a lot or site.
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.
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.
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).
8
Landscaping, Perimeter.A landscaped area adjoining the exterior boundary of a parking or loading
area,or similar paved area,excluding driveways or walkways which provide access to the facility.
Perimeter Landscape
Interior Landscape
Interior
Landscape
Interior Landscape
Landscaping:Perimeter Interior
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.
9
STREET
Reversed Corner
Lot
Interior Interior Interior Corner
Lot Lot Lot Lot
Yhrough
Lot :5G
Interior I•Iag Interior Interior Corner
Lot I of t.ot Lat
Lot
Reversed Corner
Of
I At
STREET
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.
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.
10
Front Lot tine front Lot Line
� -t-
o
� J
t'
Lot Width = (\ + %')
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.
Mezmninc: maximum
1 percent of floor
area below
Floor Bclo%%
Mezzanine
11
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.
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.
12
min min min
►6 ft.- W 10 lt. 01 I 0 tt. f
Patio Terracc
Balcony
Fronl Yard
Private Open Space Private Open Space Common Open Space
Usable Open Space
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 parking 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 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.)
13
Remodel.The upgrade of the interior or exterior faces of a building or structure without altering to any
degree the structural integrity.
Residential Infill Lot.A residential infill lot is a parcel of land which,at the time of application for a
building permit,is contiguous to one or more existing developed single-family residential properties and
is:
1. A vacant parcel intended for detached single-family development,or
2. A parcel with an existing residential structure which will have 50%or more square
footage of the habitable area removed in order to construct a remodeled 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(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 Ownership. Holding record title,possession under a contract to purchase,or possession under a
lease,by a person,firm,corporation,or partnership, individually,jointly, in common,or in any other
manner where the property is or will be under unitary or unified control.
Site. A lot,or group of contiguous lots not divided by an alley,street,other right-of-way,or City limit,
that is proposed for development in accord with the provisions of this ordinance,and is in a single
ownership or has multiple owners,all of whom join in an application for development.
Specific Event.A short-term temporary use of public property as defined in Section 5.68.010.
Specific Plan.A plan for a defined geographic area that is consistent with the General Plan.
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.
14
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.
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.
15
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 comer 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.
16
PEAR 7M
STREET FRONT YARD LOT LINE i. LOT L ES
USTREETFRONT
D i STREET FRONT YARD STREET FRONT YARD
CORNER LOT EXAMPLES
--MM YARD 1.REAR YARD REAR YARD
I
I
-
I 510EYAR06
STREET IF40tiY;A�RD STREET FROM YARD SMET FRONT YARD
INTERIOR LOT EXAMPLES
REAR YARD REAR YARD
j�LOT LINES
If
S'DE
LEGEND
DE
BUILDING(ZONING)ENVELOP
STREET - - (TWO DIMENSIONAL)
` I LOT LINES
FRONT YARD
STREEI FRONT YARD
SIDE YARD
ODD - SHAPED LOT EXAMPLES
YARDSREQUIRED
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 Commission 10/07),3856-2/10,3903-11/10,39094/11,4037-12/14,4089-10/16,
4132-5/18)
17
Ord. No. 4176
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 January 22,2019,and was again read to said City
Council at a Regular meeting thereof held on February 4,2019, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
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 February 14,2019.
In accordance with the City Charter of said City. (s
Robin Estanislau.Ci, Clerk City Clerk and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
Exhibit B - c--Sc) ' _'�
7'71-Al 3
ORDINANCE NO. 4193
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. 19-002)
WHEREAS, 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. 19-002,
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;
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 set forth in Exhibit A.
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.
19-8007/2160079 1
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the day of ,2020
ayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
n
WED AND P OVED: INITIATED AND APPROVED:
% -C - -
S
City Mana Director of Community Development
Exhibit A: Legislative Draft
19-8007/2160079 2
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1&g15/4->7've &- ff
210.6 RL, RM,RMH, RH,and RMP Districts—Property Development Standards
A. The following schedule prescribes development standards for residential zoning districts and
subdistricts designated on the zoning map.The columns establish basic requirements for permitted
and conditional uses, letters in parentheses in the"Additional Provisions"column refer to
"Additional Development Standards"following the schedule.
B. In calculating the number of units permitted on the site,density is calculated on the basis of net
site area. Fractional numbers shall be rounded down to the nearest whole number except that one
dwelling unit may be allowed on a legally created lot complying with minimum lot area. All
required setbacks shall be measured from ultimate right-of-way and in accordance with the
definitions set forth in Chapter 203, Definitions.
C. Any new parcel created pursuant to Title 25, Subdivisions, shall comply with the minimum
building site requirements of the district in which the parcel is located unless approved as a part of a
planned unit development.
Property Development Standards for Residential Districts
RMH-A Additional
RL RM Subdistrict RMH RH RMP Provisions
Min. Building Site 6,000 6,000 2,500 6.000 6.000 10 ac. (Ax13)(C)
Width(ft.) 60 60 25 60 60 N/A
Cul-de-sac frontage 45 45 - 45 45 N/A
Min. Setbacks (D)(R)
Front(ft.) 15 15 12 10 10 10 (E)(F)
Side(ft.) 3, 5 3; 5 3; 5 3; 5 3; 5 - (GXIXJ)
Street Side(ft.) 6; 10 6; 10 5 6; 10 6; 10 10 (H)
Rear(ft.) 10 10 7.5 10 10 - (1)0)
Accessory Structure (U)
Garage (K)
Projections into Setbacks (LXR)
Max. Height(ft.)
Dwellings 35 35 35 35 35 20 (M)
Accessory Structures 15 15 15 15 15 15 (M)(R)
Max. Floor Area Ratio - - 1.0 - - -
(FAR)
Min. Lot Area per 6,000 2,904 * 1,742 1,244 -
Dwelling Unit(sq. ft.)
Max. Lot Coverage(%) 50 50 50 50 50 75 (V)
Min. Floor Area (N)
Min. Usable Open Space (0)
Courts (P)
Accessibility within (Q)
Dwellings
Waterfront Lots (R)
Landscaping See Ch.232 (S)
Fences and Walls See Section 230.88
Lighting (T)
Residential
Privacy Design
Standards
Relocating See HBMC
Structures Chjjpter
17.28
Underground Utilities See Ch. 17.64
Screening of Mechanical See Section 230.76
Equipment
Refuse Storage Areas See Section 230.78
Antenna See Section 230.80
Performance Standards See Section 230.82
Off-Street Parking and See Ch. 231 & Section 210.12
Loading
Signs See Ch. 233
Nonconforming See Ch.236
Structures
Accessory Structures See Section 230.08
• Lots 50 feet or less in width= 1 unit per 25 feet of frontage
Lots greater than 50 feet in width= 1 unit per 1.900 square feet
N/A=Not applicable
RL,RM,RMH,RH,and RIMP Districts: Additional Development Standards
(A) See Section 230.62, Building Site Required and Section 230.64, Development on Substandard
Lots.
(B) See Section 230.66, Development on Lots Divided by District Boundaries.
(C) The minimum lot area shall be 12,000 square feet for general day care,general residential care,
and public or private schools,except minimum lot area for general day care in the RL district shall
be one gross acre.
(D) Building Separation. The minimum spacing between buildings including manufactured home
units shall be 10 feet.
(E) Variable Front Setback for Multifamily Projects. Projects with more than four units in the
RM District,more than eight units in the RMH District, or more than 14 units in the RH District
shall provide a minimum setback of 15 feet from any public right-of-way. Minimum 50%of the
garages shall be set back 20 feet from the front property line.(See Section 210.12B.)
(F) Upper-Story Setbacks for Multifamily Structures.The covered portion of all stories above
the second story in any multi-family structure shall be set back an average of 10 feet from the
second floor front facade(see Exhibit).
average
10'setback
O
p � D
Q � p
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Upper Story Setback
(G) Interior Side Setback.
(1) In the RL,RM, RMH, including RMH-A subdistrict,and RH Districts, interior side
setbacks shall be minimum 10%of lot width,but not less than three feet and need not exceed
five feet,except as stated below.
(2) For projects in the RM,RMH, including RMH-A subdistrict,and RH Districts adjoining
an RL District, interior side setbacks shall be at least:
(a) 10 feet for units in single-story or two-story buildings.
(b) 14 feet for units above two stories.
Subject to approval of a conditional use permit, the Zoning Administrator or the Planning
Commission, may approve upper-story setbacks in lieu of an increased side setback if the
second and third stories are set back the required distance.
(H) Street Side Setbacks.
(1) In the RL, RM, RMH(excluding RMH-A subdistrict),and RH districts,the street side
yard shall be 20%of the lot width,minimum six feet and need not exceed 10 feet.
(2) In the RMH-A subdistrict, street side setback shall be minimum five feet.
i
(3) For projects with 10 or more multi-family units(including RMH-A subdistrict),the street
side setback shall be the same as the front setback.
(I) Building Walls Exceeding 25 Feet in Height.The required interior side or realr setback
adjoining a building wall exceeding 25 feet in height,excluding any portion of a roof,and located
on a lot 45 feet wide or greater,shall be increased three feet over the basic requirement.
(J) Zero Side or Rear Setback.
(1) A zero interior side setback may be permitted provided that the opposite'side setback on
the same lot is minimum 20% of the lot width,not less than five feet, and need not exceed 10
feet,and shall be subject to the requirements listed in paragraph(3)of this subsection.
(2) A zero rear setback may be permitted provided that the opposite rear setback for the
adjacent lot is either zero or a minimum of 10 feet,and subject to the requirements listed in
paragraph(3)of this section.
(3) A zero side or rear setback may be permitted subject to the following requirements:
(a) The lot adjacent to the zero side or rear setback shall either be held under the same
ownership at the time of application or a deed restriction or agreement approved as to
form by the City Attorney shall be recorded giving written consent of the
adjacent
property owner.
(b) A maintenance easement,approved as to form by the City Attorney, shall be
recorded between the property owner and the owner of the adjacent lot to which access is
required in order to maintain and repair a zero lot line structure. Such easement shall be
an irrevocable covenant running with the land.No building permits shall The issued until
such recorded maintenance easement has been submitted.
(c) Separation between the proposed structure and any structure on an adjacent lot shall
either be zero or a minimum of five feet.
(d) No portion of the dwelling or any architectural features shall project over the
property line.
(e) The zero setback shall not be adjacent to a public or private right-of-way.
(f) Exposure protection between structures shall be provided as specified by the Fire
Department and Building Division.
(4) Double zero side setbacks maybe permitted for planned unit development projects
subject to approval of a conditional use permit and compliance with Section 210.12(B).
(K) Garage Setbacks.
(1) Setbacks for the main dwelling shall apply,except as specifically stated below:
i
(a) Front entry garage: 20 feet.
(b) Side entry garage: 10 feet.
(c) Garage with alley access:5 feet.
I
(2) For garages with rear vehicular access from an alley and located on a lot127 feet wide or
less,the side setback adjacent to a street or another alley may be reduced to three feet.
(3) A minimum 25-foot turning radius is required from the garage to the opposite side of the
street,alley,drive aisle or driveway.
ATYAGHFDFRONT
ENTRY GARAGE
ply hm
i i Minims 20'from
garage to property line
Seet prr
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i ATTACHED SIDE
ENTRY GARAGE
i erty Line
j I Mminnmi 10'frnm
I I garage to property hue
Min 25LI Street
Radius
Allev —Mrnina 25'from garage to property line on the other ride of the existing alley
r.._.._.._„_• ••—.._.._..t�Mmivmpamu5'fmm�
garage to PrOMt7 line
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Street
(L) Projections into Setbacks.
(1) See Section 230.68, Building Projections into Yards.
(2) Balconies and bay windows may project into required setbacks and usable open space
areas subject to Section 230.68,provided that balconies have open railings, glass, or
architectural details with openings to reduce visible bulk. Balconies composed solely of solid
enclosures are not allowed to project into required setbacks.
(M) Height Requirements. See Section 230.70,Measurement of Height,and Section 230.72,
Exceptions to Height Limits.
(1) Single-family dwellings in all residential districts,except lots in the RMH-A subdistrict
with less than 50 feet of frontage shall comply with the following standards:
(a) Second story top plate height shall not exceed 25 feet measured from the top of the
subfloor/slab directly below.
(b) Roofs shall have a minimum 5/12 pitch if building height exceeds 30 feet.
(c) Maximum building height for main dwellings shall be 35 feet; however, main
dwellings exceeding 30 feet in height shall require approval of a conditional use permit
by the Zoning Administrator.
(d) Habitable area,which includes rooftop decks and balconies, above the second story
top plate line shall require approval of a conditional use permit by the Zoning
Administrator. Habitable area above the second story plate line shall be within the
confines of the roof volume, with the following exceptions:
I
1. Dormers, decks and other architectural features may be permitted as vertical
projections above the roof volume provided the projections are set'back five feet
from the building exterior and do not exceed the height limits as stated above.
2. Windows and deck areas above the second story plate line shall orient toward
public rights-of-way only.
i
Dormers,decks and other
architectural features must
Habitable Areas are: be setback 5' from
confined within the _.. building ext 'or
roof volume
• accessed from within 4 g
the main dwelling
• subject to conditional
S'
use permit approval
I
i
I
HABITABLE AREA ABOVE SECOND STORY TOP-PLATE LINE
FOR SINGLE FAMILY DWELLINGS i
IN ALL RESIDENTIAL DISTRICTS EXCEPT RMH-A SUBDISTRIC r
(e) Access to any habitable area above the second story top plate line shall be provided
within the main dwelling and shall be consistent with internal circulation. Exterior
stairways between the ground floor and a habitable area above the second story plate line
shall be prohibited.
Two vertical cross-sections through the property(front-to-back and side-to-side)that
show the relationship of each level in a new structure and new levels added to an existing
structure to both existing and finished grade on the property and adjacent land within five
feet of the property line shall be submitted in order to determine compliance with this
subsection.
(2) Single-family dwellings in the RMH-A subdistrict on lots with less than 50 feet of
frontage shall comply with the following standards:
(a) Second story top plate height shall not exceed 25 feet measured from the top of the
subfloor/slab directly below.
(b) Roofs shall have a minimum 5/12 pitch if building height exceeds 30 feet.
(c) In the front and rear 25 feet of the lot,maximum building height for all structures,
including railings and architectural features,shall be 25 feet.Otherwise,maximum
building height shall be 35 feet.
Front
Prop" '
Line I
I I
� I I
I 1 35'maxinuan
I 25'maximum i height at tap
j height in the of roof
front and rear 25'of ,
I 25 the lot 25
1
1 I
Street l I
Rear
I 25' 2S' I Property
Line
Maximum Building Height for Single-Family Dwellings
on Lots Less Than 50 Feet Wide in RMH-A Subdistrict
(d) Access to any habitable area above the second story top plate line shall be provided
within the main dwelling and shall be consistent with internal circulation. Exterior
stairways between the ground floor and a habitable area above the second story plate line
shall be prohibited.
Two vertical cross-sections through the property(front-to-back and side-to-side)that
show the relationship of each level in a new structure and new levels added to an existing
structure to both existing and finished grade on the property and adjacent land within 5
feet of the property line shall be submitted in order to determine compliance with this
subsection.
i
(3) Accessory Structures. See Section 230.08, Accessory Structures. Accessory structures
located on projecting decks abutting a waterway shall comply with the height established in
subsection(R).
(4) Recreation Buildings.The maximum height of a recreation building for multi-family,
planned residential,and mobile home park projects shall be established by the conditional use
permit.
(N) Minimum Floor Area. Each dwelling unit in a multifamily building and attached single-
family dwellings shall have the following minimum floor area.
Unit Type Minimum Area(Sq.Ft.)
Studio 500
One bedroom 650
Two bedrooms 900
Three bedrooms 1,100
Four bedrooms 1,300
I
All detached single-family dwellings shall have a minimum 1,000 square feet of floor area not
including the garage and shall be a minimum of 17 feet in width.
(0) Open Space Requirements.
(1) The minimum open space area(private and common)for multi-family residential projects
in RM,RMH, including RMH-A subdistrict,and RH Districts shall be 25%of the residential
floor area per unit(excluding garages).
(2) Private Open Space. i
(a) Private open space shall be provided in courts or balconies within which a
horizontal rectangle has no dimension less than 10 feet for courts and six!feet for
balconies.A minimum patio area of 70 square feet shall be provided within the court.
(b) The following minimum area shall be provided:
i
Minimum Area(Sq.Ft.) Units Above
Unit Type Ground Floor Units Ground Floor
Studio/1 bedroom 200 60
2 bedrooms 250 120
3 bedrooms 300 120
4 or more bedrooms 400 120
(c) Private open space shall be contiguous to the unit and for the exclusive use of the
occupants.Private open space shall not be accessible to any dwelling unit except the unit
it serves and shall be physically separated from common areas by a wall+or hedge
exceeding 42 inches in height.
i
(d) A maximum of 50%of the private open space requirement,may be on open decks
above the second story subject to approval of a conditional use permit by the Zoning
Administrator,provided that no portion of such deck exceeds the height limit.
(e) Patio and balcony enclosures within existing planned developments or apartment
complexes shall be subject to the following conditions:
1. A maximum of one enclosure per unit shall be allowed.
2. The existing balcony or patio area shall not be enlarged.
3. The balcony or patio enclosure shall comply with the current setback and
height requirements for the district in which the site is located.
4. The enclosure shall consist entirely of transparent materials,i.e.,no solid walls
or opaque walls,except an existing solid roof may be part of the enclosure.
5. No structural change shall occur to the interface wall and doorway between the
enclosure and the adjacent inside room of the building,unless the balcony/patio is
replaced with equivalent unenclosed area for use as private open space.
6. The enclosed area shall be considered as private open space and may be
counted toward current private open space requirements.
7. Required egress for fire escape routes shall be maintained.
(3) Common Open Space.
(a) Common open space,provided by interior side yards,patios,and terraces,shall be
designed so that a horizontal rectangle has no dimension less than 10 feet,shall be open
to the sky,and shall not include driveways,parking areas,or area required for front or
street side yards.
(b) Projects with more than 20 units shall include at least one amenity,such as a
clubhouse,swimming pool,tennis court, volleyball court,outdoor cooking facility,or
other recreation facility.
(4) The director may allow a reduction in the open space requirement to 10% of the livable
area per unit for projects with less than 10 units and located within walking distance of 1,000
feet of a public park or beach.
(P) Courts Opposite Windows in RM,RMH,and RH Districts(Excluding the RMH-A Sub-
District).Courts shall be provided in all multi-family projects in the RM,RMH,and RH Districts
subject to the following requirements:
(1) Courts Opposite Walls on the Same Site.The minimum depth of a court shall be one-half
the height of the opposite wall but not less than 20 feet opposite a living room and 14 feet
opposite a required window for any other habitable room(see diagrams that follow).
(2) Courts Opposite Interior Property Line.The minimum distance between a required
window of a habitable room and a property line shall be 10 feet.
(3) Court Dimensions.Courts shall be minimum 20 feet wide(minimum 10 feet on either
side of the centerline of the required window)and shall be open to the sky.Eaves may project
a maximum two feet into a court.
i
Section A f Soction B f Section C
j Living room
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window �
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%indow window window
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Other room Other too-III
window windon*
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Section C
Courts Opposite Windows
(Q) All habitable rooms in a dwelling unit must be accessible from within the dwelling.
(R) Waterfront Lots. Projecting decks, windscreens, fencing, patio covers and solariums on
waterfront lots may be permitted subject to the development standards set forth in this chapter,
Chapter 245,Chapter 17.24,and the following requirements:
(1) Projecting Decks.Decks on waterfront lots may project five feet beyond the bulkhead
provided the decks comply with the side setbacks required for the main dwelling.
(2) Windscreens.Windscreens may be permitted if constructed of light-weight materials
such as plastic,canvas,fiberglass,tempered glass or metal,except for necessary bracing and
framing.The maximum height for windscreens shall be seven feet above the finished surface
of the deck at the bulkhead line.
(3) Fencing.All portions of fencing within the required rear setback area shall comply with
Section 230.88 and the visibility provisions below.
(4) Solariums. Solariums(patio enclosures)may project a maximum of 30 inches over the
bulkhead.In all cases,the solarium shall maintain a 45 degree visibility angle as measured
from the main dwelling building line extended to the side property line.The maximum height
shall not exceed the top of the first floor ceiling joist.
(5) Patio Covers.Patio covers(including eaves)may be permitted to project five feet into the
rear yard setback;however,construction materials shall allow compliance with visibility
provisions below.
(6) Visibility.The portion of any windscreen,fence or patio cover in the rear yard setback or
solarium above 36 inches in height shall be composed of materials and design which allow a
minimum of 85%transmission of light and visibility through the structure in each direction
when viewed from any angle.
(7) Removal.Decks,solariums and windscreens projecting over waterways which do not
comply with the above provisions may be removed by the City upon 30 days' written notice.
Such projections are declared to be a privilege which can be revoked for noncompliance and
not a vested right.
t
Bulkhead Solarium Projecting deck 2112,1 Max.
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45
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Waterfront Lot Projections
(S) Landscaping.
(1) A minimum 40%of the front yard shall be landscaped.For single-family,residences in
the RMH-A subdistrict,a minimum three-foot wide landscape planter along the front property
line(excluding maximum five-foot-wide walkway)may be provided in lieu o(the 40%
requirement. A maximum 18-inch high planter wall may be constructed along the front
property line.
i
(2) All required trees specified in Chapter 232 shall be provided.
(3) All subdivisions shall provide a minimum five-foot-wide landscaped area along arterial
street/highway property lines.The actual required width shall be determined during the
planning process.Maintenance of said landscaped area shall be by a homeowners association,
property owner or other method approved by the City of Huntington Beach.
(T) Lighting.A lighting system shall be provided in all multi-family projects along all vehicular
accessways and major walkways. Lighting shall be directed onto the driveways and1walkways
within the development and away from adjacent properties.A lighting plan shall be(submitted for
approval by the director.
(U) See Section 230.08,Accessory Structures.
(V) Solid patio covers open on at least two sides may be permitted an additional five percent site
coverage. Open lattice patio covers are exempted from site coverage standards.(3268-12/94,3334-
6/97, 3410-3/99, 3706-6/05,3885-8/10)
(W)Properties subject to residential privacy design standards shall:
1. Off-set bedroom and bathroom windows above the first floor from
bedroom and bathroom windows above the first floor on existing
adjacent single-family residences.
2. Orient upper story balconies toward the subject home's front or
rear yard areas, a public street, or permanent open space. The yard
area or direction faced by the longest side of the balcony shall
determine the orientation. A minimum 20 foot separation between
the exterior face of the balcony or deck and the existing adjacent
structure may be provided if orientation requirements cannot be
met.
(X)No person, firm or corporation shall move any building, structure, or
Portion of a building or structure into the Citv or relocate within the Cite,
or cause the same to be done without first obtaining a separate relocation
permit for each building or structure. See HBMC Chapter 17.28—
Moving Buildings.
Ord. No. 4193
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 January 21,2020,and was again read to said City
Council at a Regular meeting thereof held on February 3,2020, 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 February 13,2020.
In accordance with the City Charter of said City.
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
�1r Aevuty Citv Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4194
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 203 OF THE HUNTINGTON BEACH ZON'11',1G AND
SUBDIVISION ORDINANCE TITLED DEFINITIONS
(ZONING TEXT AMENDMENT NO. 19-002)
WHEREAS, 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. 19-002, 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:
SECTION 1. That Chapter 203 of the Huntington Beach Zoning and Subdivision
Ordinance titled Definitions is hereby amended to read as set forth in Exhibit A.
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.
19-8007/216077 1
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the .3rA'day ofy ,2020.
or
ATTEST: APPROVED AS TO RM:
L --I�If
City Clerk ity Attorney
tVILDAN PPR VED: INITIATED AND APPROVED:
UMW
City Manager Director of Community Development
Exhibit A: Legislative Draft
19-8007/216077 2
Brdi�Vr7c,,P, N0. I-004f
Le is4�. �ive.- bkal -
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.(4037-12/14,4176-3/19)
203.04 Rules for Construction of Lanauaae
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:
I. "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.(4037-12/14,4176-3/19)
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.
Antenna Height.The distance from the property's grade to the highest point of the antenna and its
associated support structure when fully extended.
Antenna,Satellite Dish.An antenna for the purpose of receiving or transmitting communications to or
from an orbiting satellite.
Antenna Whip.An antenna and its support structure consisting of a single, slender,rod-like element
which is supported only at or near its base.
Approach-Departure Path.The flight track of the helicopter as it approaches or departs from a
designated takeoff and landing area, including a heliport,helipad,or helistop.
Architectural Projections or Appurtenances.Features on a building which provide visual variation
and/or relief but do not serve as interior or exterior living or working space.
Area,Net Lot.The total horizontal area within the property lines of a parcel of land exclusive of all
rights-of-way or easements which physically prohibit the surface use of that portion of the property for
other than vehicular ingress and egress.
Street
Area to
�- be dedicated
250' .57 .53
gross acre net acre 230
1O(1' 1 001 �
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 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.
Roof
•
Second Story
First story
Finished i If this basement ceiling is
mare than M.from
rsdt Basement average adjoining fini
L — — — — grads.the basement is
considered a 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.
FTTI. - 11111 FITI
Blockface
Boarding House.A building with not more than five guest rooms where lodging and meals are provided
for not more than 10 persons,but shall not include rest homes or convalescent homes.Guest rooms
numbering six or over shall be considered a hotel.
Building.Any structure having a roof supported by columns or walls for the housing or enclosure of
persons,animals,chattels,or property of any kind.
Caretaker's Quarters.A dwelling unit on the site of a commercial, industrial,public,or semipublic use,
occupied by a guard or caretaker.
Carport.A permanent roofed accessory structure with not more than two enclosed sides intended for
vehicle storage.
Cart/Kiosk.Any portable,non-motorized unit used by a vendor as described in Section 230.94.
City.The City of Huntington Beach.
Clinic.An establishment where patients,who are not lodged overnight,are admitted for examination and
treatment by one or more of a group of physicians,dentists,optometrists,psychologists,or social workers
practicing together.
Coastal Zone.A geographic zone adjacent to the shoreline,the boundaries of which are determined by
the California Coastal Act of 1976,as amended.
Collection Containers.Containers or buildings with a gross floor area of 500 square feet or less used for
the deposit and storage of household articles or recyclables.
Commission.The Huntington Beach Planning Commission.
Community Apartment Project.A project in which an individual interest in land is coupled with the
right exclusively to occupy an individual unit,as provided in Section 11004 of the California Business
and Professions Code.
Completely Rebuilt.Rebuilding the nonconforming structure or use as it had legally existed immediately
prior to its destruction.
Conditional Use.A use of land that,due to the specific nature and unique characteristics of the use,
requires special standards and discretionary review.
Condominium.An estate in real property consisting of an undivided interest in common in a portion of a
parcel of real property together with a separate interior space in a residential, industrial or commercial
building on the real property, such as an apartment,office or store.A condominium may include,in
addition,a separate interest in other portions of the real property.
Conforming Building.A building that fully meets the requirements of Title 17(Building Regulations)
and also conforms to all property-development regulations and requirements prescribed for the district in
which it is located.
Convenience Market.A retail use in conjunction with gasoline sales in which the sales room exceeds
200 square feet.
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.
Director.The Director of Community Development or designee.
Distribution Line.An electric power line bringing power from a distribution substation to consumers.
District.A portion of the City within which the use of land and structures and the location,height,and
bulk of structures are governed by this ordinance.The zoning ordinance establishes"base zoning
districts"for residential,commercial, industrial,public and open space uses,and"overlay districts,"
which modify base district provisions and standards.
Drilling.The digging or boring of a new well into the earth for the purpose of exploring for,developing
or producing oil, gas or other hydrocarbons,or for the purpose of injecting water,steam or any other
substance into the earth.
Dwelling,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.
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.
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.
FAR of05
FAR of l U .
AR of 15
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.
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.
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.
single .'� I I opment, or- a par-eel with an existing fesideatial stfuetur-e, whieh
will have r-esidential units exeluding par-eels separated by streets, a vaeant par-eel intended fef
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.
Perimeter Landscape
Interior Landscape '>�
�•,: .ski
+;. F Interior
Landscape
u� r
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.
STREET
Reversed Corner
Lot
Interior Interior Interior Corner
Lot Lot Lot Lot
x Through
Lot Fe
Interior Nag Interior Interior Coma
Lot I.ot Lot Lot Lot
Reversed Corner
Lot
STREET
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.
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.
Frdnt Lot Line Front Lot Line
x
4
0
a
Lot Width=N+y)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.
mcz/aninc: maximum
33 percclu of floor
area below
Floor Bclo%%
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.
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.
min min min
0-6 ft.4 001 1011. 4 ► 10 ft.
7
Patio Terrace
Balcony
Frmt Yard
Private Open Space Privatc Open Space Common Open Space
Usable Open Space
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, 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.
Parking Structure.A structure consisting of two or more levels used for parking of vehicles
where parking spaces,turning radius, transition ram.ps4 and drive aisles are incorporated within the
structure.,ncluding 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.
Patio.A paved court open to the sky.
Permitted Use.A use of land that does not require approval of a conditional use permit or temporary use
permit.
Planned Unit Development(PUD).A large scale development of a parcel or of a combination of related
parcels to be developed by a single owner or group of owners acting jointly, involving a related group of
uses,planned as an entity and having a predominant developmental feature which serves to unify or
organize development.
Porch.An open or covered platform, usually having a separate roof,at an entrance to a dwelling,or an
open or enclosed gallery or room,which is not heated or cooled,that is attached to the outside of a
building.
Private Property. Property owned in fee by an individual,corporation,partnership,or a group of
individuals as opposed to public property.
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 infill Lot. A Fesidential ififill lot is a par-eel of land which, at the tifne
deyeler.erl single family residential r. artier and
1 A ��csc.-C[nt n reel intended 4nr detaehe�-1 single family mily development
1. l i
7
2. A par-eel with a.. esidential stf:uetufe which will have SOON6
u ic.?r-tvtirc�rc
�.lele e
d ultistery detached single family dwelling , r it
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
Ingle-family residence, or
5. Moving the location of existing windows above the first floor of an
existing single-family residence.
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 Ownership. Holding record title, possession under a contract to purchase,or possession under a
lease, by a person,firm. corporation,or partnership, individually,jointly, in common, or in any other
manner where the property is or will be under unitary or unified control.
Site. A lot,or group of contiguous lots not divided by an alley, street,other right-of-way,or City limit,
that is proposed for development in accord with the provisions of this ordinance,and is in a single
ownership or has multiple owners,all of whom join in an application for development.
Specific Event. A short-term temporary use of public property as defined in Section 5.68.010.
Specific Plan. A plan for a defined geographic area that is consistent with the General Plan.
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.
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.
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.
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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 Commission 10/07),3856-2/10,3903-11/10,3909-4/11,4037-12/14,4089-10/16,
4132-5/18,4176-3/19)
Ord. No. 4194
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 January 21,2020,and was again read to said City
Council at a Regular meeting thereof held on February 3,2020,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 February 13,2020.
In accordance with the City Charter of said City. 1
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
���uty City Clerk of the City Council of the City
of Huntington Beach,California
7- 6 - �
ORDINANCE NO. 4195
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. 19-002)
WHEREAS, 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. 19-002,
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;
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 set forth in Exhibit A.
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.
19-8007/216078 1
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the J"L day of 2020.
a r
ATTEST: APPROVED AS TO FORM:
City Clerk ity Attorney �W
WLA'. INaDROVED: ITIATED AND APPROVED:
City Manager Director of Community Development
Exhibit A: Legislative Draft
19-8007/216078 2
Nv. Ur`7.5
CXhih�'�- 'A'
204.10 Commercial Use Classifications
A. Ambulance Services. Provision of emergency medical care or transportation, including
incidental storage and maintenance of vehicles as regulated by Chapter 5.20.
B. Animal Sales and Services.
l. Animal Boarding. Provision of shelter and care for small animals on a commercial basis.
This classification includes activities such as feeding,exercising, grooming,and incidental
medical care,and kennels.
2. Animal Grooming. Provision of bathing and trimming services for small animals on a
commercial basis.This classification includes boarding for a maximum period of 48 hours.
3. Animal Hospitals. Establishments where small animals receive medical and surgical
treatment.This classification includes only facilities that are entirely enclosed, soundproofed,
and air-conditioned. Grooming and temporary(maximum 30 days)boarding of animals are
included, if incidental to the hospital use.
4. Animals. Retail Sales. Retail sales and boarding of small animals,provided such activities
take place within an entirely enclosed building. This classification includes grooming, if
incidental to the retail use,and boarding of animals not offered for sale for a maximum period
of 48 hours.
5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding,
including rings, stables,and exercise areas.
6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or
remains of dead animals, including placement or erection of markers, headstones or
monuments over such places of burial.
C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of
the fine arts or performing arts, or skilled in an applied art or craft.
D. Banks and Savings and Loans. Financial institutions that provide retail banking services to
individuals and businesses. This classification includes only those institutions engaged in the on-site
circulation of cash money. It also includes businesses offering check-cashing facilities.
With Drive-up Service. Institutions providing services accessible to persons who remain in their
automobiles.
E. Building Materials and Services. Retailing,wholesaling,or rental of building supplies or
equipment.This classification includes lumber yards,tool and equipment sales or rental
establishments,and building contractors' yards, but excludes establishments devoted exclusively to
retail sales of paint and hardware,and activities classified under Vehicle/Equipment Sales and
Services.
F. Catering Services. Preparation and delivery of food and beverages for off-site consumption
without provision for on-site pickup or consumption.(See also Eating and Drinking
Establishments.)
G. Commercial Filming.Commercial motion picture or video photography at the same location
more than six days per quarter of a calendar year. (See also Chapter 5.54,Commercial
Photography.)
H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation
or entertainment.This classification includes theaters,sports stadiums and arenas,amusement parks,
bowling alleys,billiard parlors and poolrooms as regulated by Chapter 9.32;dance halls as regulated
by Chapter 5.28; ice/roller skating rinks, golf courses,miniature golf courses,scale-model courses,
shooting galleries,tennis/racquetball courts,health/fitness clubs,pinball arcades or electronic games
centers,cyber cafe having more than four coin-operated game machines
r hapter o �Q;card rooms as regulated by Chapter 9.24;and fortune telling as regulated by
Chapter 5.72.
Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs
occupying less than 2,500 square feet.
I. Communications Facilities. Broadcasting,recording,and other communication services
accomplished through electronic or telephonic mechanisms, but excluding Utilities(Maior).This
classification includes radio,television,or recording studios;telephone switching centers;telegraph
offices;and wireless communication facilities.
J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for
consumption on or off the premises.
1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for
their food at a counter or window before it is consumed and may either pick up or be served
such food at a table or take it off-site for consumption.
a. Drive-through. Service from a building to persons in vehicles through an outdoor
service window.
b. Limited. Establishments that do not serve persons in vehicles or at a table.
2. With Live Entertainment/Dancing. An eating or drinking establishment where dancing
and/or live entertainment is allowed.This classification includes nightclubs subject to the
requirements of Chapter 5.44 of the Municipal Code.
K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and
consumption.Typical uses include groceries, liquor stores, or delicatessens. Establishments at which
20%or more of the transactions are sales of prepared food for on-site or take-out consumption shall
be classified as Catering Services or Eating and Drinking Establishments.
With Alcoholic Beverage Sales. Establishments where more than 10%of the floor area is devoted to
sales, display and storage of alcoholic beverages.
L. Food Processing. Establishments primarily engaged in the manufacturing or processing of
food or beverages for human consumption and wholesale distribution.
M. Funeral and Interment Services. Establishments primarily engaged in the provision of
services involving the care,preparation or disposition of human dead other than in cemeteries.
Typical uses include crematories,columbariums, mausoleums or mortuaries.
N. Horticulture.The raising of fruits, vegetables, flowers,trees, and shrubs as a commercial
enterprise.
O. Laboratories. Establishments providing medical or dental laboratory services; or
establishments with less than 2,000 square feet providing photographic, analytical,or testing
services.Other laboratories are classified as Limited Industry.
P. Maintenance and Repair Services.Establishments providing appliance repair,office machine
repair,or building maintenance services.This classification excludes maintenance and repair of
vehicles or boats;see(Vehicle/Equipment Repair).
Q. Marine Sales and Services.Establishments providing supplies and equipment for shipping or
related services or pleasure boating.Typical uses include chandleries,yacht brokerage and sales,
boat yards,boat docks,and sail-making lofts.
R. Reserved.
S. Nurseries.Establishments in which all merchandise other than plants is kept within an
enclosed building or a fully screened enclosure,and fertilizer of any type is stored and sold in
package form only.
T. Offices,Business and Professional.Offices of firms or organizations providing professional,
executive,management,or administrative services,such as architectural,engineering,graphic
design, interior design,real estate, insurance,investment, legal,and veterinary offices.This
classification includes medical/dental laboratories incidental to an office use,but excludes banks and
savings and loan associations.
U. Offices,Medical and Dental.A business which is primarily engaged in providing services for
health maintenance,diagnosis or treatment of human disease,pain, injury,physical or mental
condition, including,but not limited to,offices of acupuncturists,chiropractors,dentists,
optometrists,physicians,podiatrists,dermatologists,psychiatrists,psychologists and physical
therapists.
V. Pawn Shops.Establishments engaged in the buying or selling of new or secondhand
merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the
Municipal Code.
W. Personal Enrichment Services.Provision of instructional services or facilities, including
photography,fine arts,crafts,dance or music studios,driving schools,business and trade schools,
and diet centers,reducing salons,fitness studios,and yoga or martial arts studios.
X. Personal Services.Provision of recurrently needed services of a personal nature.This
classification includes barber and beauty shops,permanent and semi-permanent makeup such as
microblading,non-surgical medspas such as laser hair removal,eyelash extensions,injectables,
coolsculpting,etc.,seamstresses,tailors, shoe repair shops,dry-cleaning businesses(excluding
large-scale bulk cleaning plants),photo-copying,self-service laundries,and massage as regulated by
Chapter5.24.
Y. Research and Development Services.Establishments primarily engaged in industrial or
scientific research,including limited product testing.This classification includes electron research
firms or pharmaceutical research laboratories,but excludes manufacturing,except of prototypes,or
medical testing and analysis.
Z. Retail Sales.The retail sale of merchandise not specifically listed under another use
classification.This classification includes department stores,drug stores,clothing stores,and
furniture stores,and businesses retailing the following goods:toys,hobby materials,handcrafted
items,jewelry,cameras,photographic supplies,medical supplies and equipment,electronic
equipment,records,sporting goods,surfing boards and equipment,kitchen utensils,hardware,
appliances,antiques,art supplies and services,paint and wallpaper,carpeting and floor covering,
office supplies,bicycles,and new automotive parts and accessories(excluding service and
installation).
AA. Secondhand Appliances and Clothing Sales.The retail sale of used appliances and clothing
by secondhand dealers who are subject to Chapter 5.36.This classification excludes antique shops
primarily engaged in the sale of used furniture and accessories other than appliances,but includes
junk shops.
BB. Sex-Oriented Businesses.Establishments as regulated by Chapter 5.70;and figure model
studios as regulated by Chapter 5.60.
CC. Swap Meets,Indoor/Flea Markets.An occasional,periodic or regularly scheduled market
held within a building where groups of individual vendors offer goods for sale to the public.
DD. Swap Meets,Recurring.Retail sale or exchange of handcrafted or secondhand merchandise
for a maximum period of 32 consecutive hours,conducted by a sponsor on a more than twice yearly
basis.
EE. Tattoo Establishment.Premises used for the business of marking or coloring the skin with
tattoos as regulated by Chapter 8.70.
FF. Travel Services.Establishments providing travel information and reservations to individuals
and businesses.This classification excludes car rental agencies.
GG. Vehicle/Equipment Sales and Services.
1. Automobile Rentals.Rental of automobiles,including storage and incidental
maintenance,but excluding maintenance requiring pneumatic lifts.
2. Automobile Washing. Washing,waxing,or cleaning of automobiles or similar light
vehicles.
3. Commercial Parking Facility.Lots offering short-term or long-term parking to the public
for a fee.
4. Service Stations.Establishments engaged in the retail sale of gas,diesel fuel,lubricants,
parts,and accessories.This classification includes incidental maintenance and minor repair of
motor vehicles,but excluding body and fender work or major repair of automobiles,
motorcycles, light and heavy trucks or other vehicles.
5. Vehicle/Equipment Repair.Repair of automobiles,trucks,motorcycles,mobile homes,
recreational vehicles,or boats,including the sale,installation,and servicing of related
equipment and parts.This classification includes auto repair shops,body and fender shops,
transmission shops,wheel and brake shops,and tire sales and installation,but excludes vehicle
dismantling or salvage and tire retreading or recapping.
Limited.Light repair and sale of goods and services for vehicles,including brakes,muffler,
tire shops,oil and tube,and accessory uses,but excluding body and fender shops,upholstery,
painting,and rebuilding or reconditioning of vehicles.
6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles,motorcycles,trucks,
tractors,construction or agricultural equipment,manufactured homes,boats,and similar
equipment,including storage and incidental maintenance.
7. Offices for Vehicle Retail Sales/Wholesale.This classification includes businesses with
the primary building use of office for vehicle retail sales and wholesale businesses which may
display the maximum number of vehicles at any given time as required by the California
Department of Motor Vehicles.
vehieles fOF periods of tome greateF thftfl a 24 hour period, kieluding, but not limited to
8.Vehicle Storage, Impound Yards. The business of storing or
safekeeping, of operative and inoperative vehicles that have been
towed, for periods of time greater than a 24-hour period, but
not including vehicle repair or dismantling.
9.Vehicle Storage, Off-Site Auto Sales. The business of storing or
safekeeping new or used automobiles, intended for off-site sale for
periods of time greater than a 24-hour period, but not including
vehicle repair or dismantling. This classification only includes storage
for vehicle sales businesses located within the City of Huntington
Beach.
10.Vehicle Storage, Recreational Vehicles. The business of storing or
safekeeping of operative and inoperative boats, trailers, campers, or
other recreational vehicles for periods of time greater than a 24-hour
period, but not including vehicle repair or dismantling.
HH. Visitor Accommodations.
1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a
converted single-family or multi-family dwelling or a building of residential design, with
incidental eating and drinking service for lodgers only provided from a single kitchen.
2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly
basis. Motels may have kitchens in no more than 25%of guest units,and"suite'hotels may
have kitchens in all units.This classification includes eating,drinking,and banquet service
associated with the facility.
3. Condominium-Hotel. Facility providing overnight visitor accommodations where
ownership of at least some of the individual guestrooms(units)within the larger building or
complex is in the form of separate condominium ownership interests,as defined in
California Civil Code Section 1351(f).The primary function of the Condominium-Hotel is to
provide overnight transient visitor accommodations within every unit that is available to the
general public on a daily basis year-round, while providing both general public availability and
limited owner occupancy of those units that are in the form of separate condominium
ownership interests.
4. Fractional Ownership Hotel. Facility providing overnight visitor accommodations where
at least some of the guestrooms(units)within the facility are owned separately by multiple
owners on a fractional time basis. A fractional time basis means that an owner receives
exclusive right to use of the individual unit for a certain quantity of days per year and each unit
available for fractional ownership will have multiple owners.
H. Warehouse and Sales Outlets.Businesses which store large inventories of goods in
industrial-style buildings where these goods are not produced on the site but are offered to the public
for sale.
JJ. Quasi Residential.
1. Residential Hotels. Buildings with six or more guest rooms without kitchen facilities in
individual rooms,or kitchen facilities for the exclusive use of guests, and which are intended
for occupancy on a weekly or monthly basis.
2. Single Room OccupancX.Buildings designed as a residential hotel consisting of a cluster
of guest units providing sleeping and living facilities in which sanitary facilities and cooking
facilities are provided within each unit;tenancies are weekly or monthly.
3. Timeshare.Any arrangement,plan,or similar program,other than an exchange program,
whereby a purchaser receives ownership rights in or the right to use accommodations for a
period of time less than a full year during any given year,on a recurring basis for more than
one year,but not necessarily for consecutive years.(3334-6/97,3378-2/98, 3568-9/02,3669-
12/04,3757-1/07,3774-10/07,3788-12/07,3842-11/09,4175-3/19)
Ord. No. 4195
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 January 21,2020,and was again read to said City
Council at a Regular meeting thereof held on February 3,2020, 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 February 13,2020.
In accordance with the City Charter of said City.
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
puty Ci Clerk of the City Council of the City
of Huntington Beach, California
&—X,q/017_,6 — ;P ESO A6,W --
ORDINANCE NO. 4196
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 231 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED OFF-STREET PARKING AND LOADING
PROVISIONS
(ZONING TEXT AMENDMENT NO. 19-002)
WHEREAS, 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. 19-002, which amends Chapter
231 of the Huntington Beach Zoning and Subdivision Ordinance relating to updated, clarified,
and additional off-street parking and loading requirements 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:
SECTION 1. That Chapter 231 of the Huntington Beach Zoning and Subdivision
Ordinance titled Off-Street Parking and Loading Provisions is hereby amended to read as set
forth in Exhibit A.
SECTION 2. All other provisions of Chapter 231 not modified herein shall remain in
full force and effect.
SECTION 3. This ordinance shall become effective immediately 30 days after its
adoption.
19-8007/216076 1
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the day of oL' , 20U
r
ATTEST: APPROVED AS TO FORM:
City Clerk y A orney /
nILDA A VED: I ITIATED AND APPROVED:
,,,a (2. Dn,
City Manager Director of Community Development
Exhibit A: Legislative Draft
19-8007/216076 2
0-di Ab.�lI Flo
ZTSkt--ve )rA-f 1-
Chapter 231 OFF-STREET PARKING AND LOADING PROVISIONS
231.18 Design Standards
A. Public Works Requirements. Drive entrances on arterial highways shall be located in a
manner to coordinate with future median openings and in accord with Department of Public Works
standards.The paved surface of driveways and drive entrances shall comply with Department of
Public Works specifications. Parking facilities shall be prepared, graded,and paved to ensure that all
surface waters will drain into a public street,alley, storm drain,or other drainage system approved
by the Department of Public Works. Aisle ways without adjacent parking shall be a minimum 24 feet
in width.
B. Circulation Design.All off-street parking spaces shall have access to a public street or alley,
and shall have internal circulation,safe entrances and exits,drives,and aisles in conformance with
City standards. Every required parking space shall have unobstructed access from an aisle without
moving another vehicle. All parking spaces,except residential garages and carports for single-
family dwellings and duplexes, shall have forward travel to and from parking facilities when access
is to a dedicated street.Traffic circulation shall be designed so that no vehicle need enter a public
street in order to progress from one aisle to any other aisle within the same development.
Commercial centers which have 200 parking spaces or more shall have at least one main entrance
designed as depicted in Diagram B.
I I
I {
100,
aft.
I {
24ft. 24ft.
Oft.
Commercial Center Main Entrance for Parking Lots With Over 200 Spaces
Diagram B
A minimum three-foot-by-three-foot-wide maneuvering area shall be provided at the end of dead-
end parking aisles less than 150 feet in length.A vehicle turnaround space shall be provided at the
end of all dead-end parking aisles which exceed 150 feet in length (measured from the closest
intersecting aisle with complete circulation).The maneuvering area and turnaround space shall be
designed as depicted in Diagram C. Other turnaround arrangements providing the same
maneuverability are subject to approval by the Director.
Yhcci manCurCri
aP arum t
t3)26 1L {
T
- --12"Stepolratca -
Turnaround Space and Maneuvering Area
Diagram C
C. Illumination. All parking area lighting shall be energy-efficient and designed so as not to
produce glare on adjacent residential properties. Security lighting shall be provided in areas
accessible to the public during nighttime hours,and such lighting shall be on a time-clock or photo-
sensor system.
D. Residential Parking.
1. Garages and Carports.All required garages and carports,permitted as accessory
structures, shall be constructed at the same time as the main building and shall be used only by
persons residing on the premises for storage of personal vehicles and other personal property.
2. Assignment of Spaces. Each studio and one bedroom dwelling unit shall have a minimum
of one assigned parking space and each two or more bedroom units shall have a minimum of
two assigned parking spaces. Each dwelling unit shall have an enclosed,assigned space which
shall be within 200 feet walking distance of that unit and designated as such.The assigned
spaces shall be provided with the rental of a dwelling unit without any additional cost. All
unassigned spaces provided on site shall be open and only used for the parking of vehicles by
persons residing on the property or their guests.
3. Turning Radius.The minimum turning radius for any garage,carport or open parking
space,entered directly from an alley or driveway,shall be 25 feet(see Diagram D).
STREET
2�.PqGAGE
---- - - ------AtL2Y_.
DRIit WAY
STREET
STREET
Turning Radius
Diagram D
4. Driveway Width.
Length of Drive Minimum Driveway Width
150 feet or less 10 ft.for single family dwellings
20 ft.for multifamily dwellings
Greater than 150 feet 20 feet clear width
Exception:when designated as fire lane,all Fire Department requirements shall
apply.
5. Guest Parking. All guest parking shall be fully accessible.
6. Coastal Zone.The following requirements shall apply to residential development in the
Coastal Zone.
a. Each dwelling unit located in the Coastal Zone shall have a minimum of two on-site
parking spaces. If the total coastal parking requirements exceed the total minimum
parking as required by this chapter,the additional required parking spaces may be in
tandem with enclosed spaces,provided the tandem space is assigned to an enclosed space
and complies with the required turning radius.
b. The streets of new residential subdivisions between the sea and the first public road
shall be constructed and maintained as open to the public for vehicular,bicycle and
pedestrian access. General public parking shall be provided on all streets throughout the
entire subdivision.Private entrance gates and private streets shall be prohibited.All
public entry controls(e.g.,gates,gate/guard houses, guards,signage,etc.)and restriction
on use by the general public(e.g.,preferential parking districts,resident-only parking
periods/permits,etc.)associated with any streets or parking areas shall be prohibited.
7. Planned Residential Developments. In a planned residential development where a garage
is constructed a minimum of 20 feet from the curb,the driveway in front of the garage may be
used to provide one of the required uncovered spaces.
8. Privacy Gates.Privacy gates may be installed without a conditional use permit provided
there is compliance with the following criteria prior to the issuance of building permits:
a. Fire Department approval for location and emergency entry.
b. Public Works Department approval of stacking and location.
c. Postmaster approval of location for mail boxes or entry for postal carrier.
d. Shall provide a driveway with a minimum of 20 feet for vehicle stacking.
e. No adverse impacts to public coastal access, including changes in the intensity of
use of water,or access thereto,shall result from installation of the privacy gates.
9. Drivewaypace.The air space above all driveways which exceed 150 feet in length
shall remain open to the sky,except that eaves or roof overhangs with a maximum four-foot
projection may be permitted above a height of 14 feet.
10. Storage Space. One hundred cubic feet of enclosed storage space for each unit shall be
provided in a secured parking area where there is no private garage.
11. Accessory Dwelling. One additional off-street parking space shall be required for an
accessory dwelling,except that in the coastal zone there shall be a minimum of four parking
spaces on-site.
E. Nonresidential Parking and Loading.
I. Designated Parking.Parking spaces within an integrated,nonresidential complex shall not
be designated for exclusive use of any individual tenant except as authorized by a parking
management plan approved by the Director.
2. Parking Controls.Parking controls,such as valet service,or booths,and/or collection of
fees may be permitted when authorized by conditional use permit approval by the Zoning
Administrator.Privacy gates may be installed without a conditional use permit provided there
is compliance with the following criteria prior to the issuance of building permits.
a. Fire Department approval for location and emergency entry.
b. Public Works Department approval of stacking and location.
c. Postmaster approval of location for mail boxes or entry for postal carrier.
d. Shall provide a driveway with a minimum of 20 feet for vehicle stacking.
e. No adverse impacts to public coastal access,including changes in the intensity of
use of water,or of access thereto,shall result from installation of the privacy gates.
3. Minimum Driveway Width.Twenty-five feet when providing access to the rear of a
structure.
4. Reciprocal Access.Reciprocal ingress/egress access with adjacent properties shall be
provided for all commercial properties.
5. Loading Location.On a site adjoining an alley,a required loading space shall be
accessible from the alley unless alternative access is approved by the Director. An occupied
loading space shall not prevent access to a required parking space.Truck or rail loading,dock
facilities,and doors for such facilities shall not face or be located within 45 feet of property
zoned for general planned residential.
6. Loading Design.Any loading facility shall be designed and located so that vehicles need
not extend onto the public sidewalks,streets or alleys during loading activities.
7. Landscape Buffer.Where the side or rear yard of a parcel is used for loading activities
and abuts an R District,a landscaped buffer along the property line shall be provided.
8. Parking Spaces. Parking spaces shall not be utilized or occupied by any other use or for
any other purpose than as parking for the associated on-site uses as required by this chapter,
unless in compliance with Section 231.06,Joint Use Parking.
F. Seasonal and Temporary Parking Lots. Seasonal and temporary parking lots may be allowed
upon approval of a conditional use permit by the Zoning Administrator. Seasonal lots may operate
only from Memorial Day through the third weekend in September and shall be located within 1,000
yards of the mean high tide line of the Pacific Ocean.Temporary and seasonal commercial parking
lots may be permitted for a maximum of five years.The design and layout of seasonal and
temporary parking lots shall comply with this chapter,Fire Department requirements,and the
following standards:
1. Paving shall be two inches of asphalt over compacted native soil,or as approved by the
department;except seasonal parking lots shall be surfaced to meet minimum specifications for
support of vehicles and to provide dust control as required by the Zoning Administrator.
2. Boundaries of such lots shall be marked off and secured by chain or cable,with posts a
minimum of three feet in height, solidly built.At a minimum,posts shall consist of four-inch
by four-inch wood or equivalent metal posts a minimum of one and one-half inches in
diameter securely set in the ground and placed eight feet on center.The posts shall be
connected with at least one strand of half-inch cable or chain securely fastened to each post.
An opening shall be provided to accommodate vehicle access during business hours. Seasonal
lots shall be secured to prevent overnight parking between the closing hour on one business
day and the opening hour the following business day.
3. Temporary parking lots shall have landscaped planters with an inside dimension of three
feet along street-side property lines excluding driveways.Landscaping shall be protected from
vehicle and pedestrian damage by wheel bumpers(asphalt,concrete,or wood),or asphalt or
concrete curbs,or any other design that will provide adequate protection.
4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232.
5. Directional and informational signs shall be displayed on-site to identify the entrance(s),
fees,and hours of operation. Such signs shall be located at the entrance of the parking lot and
shall not exceed 12 square feet and shall be six feet high. Signs for seasonal parking lots shall
be removed from the site each season no later than the third weekend in September.
6. Automatic entry devices or fee collection points shall be set back a minimum of 20 feet
from the public right-of-way, or at a distance recommended by the Department of Public
Works and approved by the Director.
7. An attendant shall be on duty at all times during business hours of seasonal parking lots.
8. An approved fire extinguisher shall be provided on the premises during business hours.
9. The site shall be maintained in a clean condition, free from trash and debris.Trash
containers shall be placed on the site to accommodate and store all trash that accumulates on
the lot.
For seasonal parking lots,a certificate of insurance for combined single limit bodily injury and/or
property damage including products liability in the amount of$1,000,000.00 per occurrence shall be
filed with the Department of Administrative Services.A hold harmless agreement holding the City
harmless shall also be filed with the Department of Administrative Services.
Subsequent to approval of an application for any seasonal or temporary parking lot,the applicant
shall meet all standards and requirements and install all improvements. The parking lot shall then be
inspected and approved by the Director prior to issuance of a certificate to operate.
G. Parking Structures. Above-grade parking structures where_the finished
elevations of the structure are facing a_ ublic right-of-waN Viking
shall be subject to conditional use permit approval by
the Planning Commission when no other entitlement is required. In addition,parking structures
proposed within the coastal zone shall be subject to approval of a Coastal Development Permit in
accordance with Chapter 245. All parking structures, subterranean narking,
and semi-subterranean parking shall comply with the following requirements:
1. Transition ramps which are also used as back-up space for parking stalls shall have a
maximum slope of five percent.The maximum slope for transition ramps with no adjacent
parking spaces shall be 100% 15% with minimum 12 foot long transitions at
the top and bottom of the ramp.A ramp used for ingress and egress to a public
street shall have a transition section at least 16 feet long and a maximum slope of five percent.
2. Parking structures with over 300 spaces shall provide secondary circulation ramps and
additional ingress and egress if deemed necessary by a traffic study prepared by a state-
registered traffic engineer.
3. Above-grade DParking structures adjacent to any public right-o—
oror any property zoned or used for residential purposes shall be provided
with a minimum 10-foot-wide perimeter landscape planter at ground level. PaFked ears
shall be seireened on eneh level through landseape planter-s or- trellises
and/or deeor-ative se . 11 or- railings. The Design Review
Board shall npprove the landseeping plan;
4.All above-grade parking structures shall screen parked cars on
each level through a combination of landscaping or trellises and/or
decorative screening wall or railings.
5.4-. All parking structureS-eIevations_shall be architecturally compatible with existing
or proposed structures and shall be subject to review and approval by the Design Review
Board prior to hearing. The Design Review Board shall eensider - -
• bulk, seale, -,
landseaping—, The following, desig,n guidelines shall apply to parking,
Structures:
a. The exterior elevations of a parking, structure should be
designed to minimize the use of blank facades. This can be
accomplished through the use of textured concrete, planters or
trellises, or other architectural treatments.
b. To soften the horizontal lines and greatly enhance the look of
the structure, elevations should be articulated and elements
added that give the structure proportions that reflect a regular
building. To give the structure proportions reflective of a
regular building, design openings to look more like window
openings than long, horizontal parking garage openings.
c. Framing, that mimics windows should be added to openings.
The framing should have vertical members to de-emphasize the
horizontal lines of the structure.
d. Substantial massing, should occur at the corner of the structures
to anchor the building and give the structure proportions more
similar to a regular commercial building. These panels should
incorporate relief to create shadow patterns and add visual
interest.
e. Height should be added to the parapet at key areas on the
building structure to accent entries and reduce the long,
horizontal facade that is typical of parking structures.
L Horizontal openings should be broken up with vertical columns
to create a rhythm of openings, again reflecting proportions of a
regular commercial building.
g. Awnings or trellis structures should be added at vehicular and
pedestrian entrances to create more pedestrian scale.
h. Where appropriate and feasible, retail spaces should provide
articulation at the ground floor.
5. All parking structures proposed for conversion to a fee parking arrangement shall be
subject to conditional use permit approval by the Planning Commission. Public parking
structures within the coastal zone proposed for conversion to a fee parking arrangement shall be
subject to approval of a Coastal Development Permit.(3334-6/97, 3526-2/02, Res. 2004-80-
9/04,3677-12/04,3758-1/07,3763-3/07, Res. 2009-36-9/09,4172-3/19)
Ord. No. 4196
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 January 21,2020,and was again read to said City
Council at a Regular meeting thereof held on February 3,2020, 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 February 13,2020. q^
In accordance with the City Charter of said City.
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Deuuty Citv Clerk of the City Council of the City
of Huntington Beach, California
,Ex}11.617-
ORDINANCE NO. 4197
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. 19-002)
WHEREAS, 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. 19-002, which
amends Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance relating to
updated, clarified, and revised 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;
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 set forth in Exhibit A.
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.
19-8007/216075 1
PASSED AND ADOPTED by th City Council of the City of Huntington Beach at
a regular meeting thereof held on the day of , 20.20.
a r
ATTEST: APPROVED AS TO FORM:
q4
City Clerk ZITIATED
y Attorney
CVIE R ED AND VVEED: AND APPROVED:
P,,• I L ,
City Manager Director of Community Development
Exhibit A: Legislative Draft
19-8007/216075 2
Article I. Residential Districts
230.22 Residential Infill Lot Developments
The Nflowing residential Will Fequir-ements are intended to minimize impikets eft-
neighborhoodseontiguous developed single family residential property and provide standards that ensure
unless to do sow eo-L-ro-we-H-P the terms of an existing development-
agreement. Will development site plans and building design shall be harmonious and
eompatible with streets, dr-iveways,property lines, and surrounding neighbor-heheight and building height r-elative to existing dwellings,and visual intrusion ed.
Compatibility eensiderations should inelude, but not be limited to, lot size, lot ffentages,
building layout, building eonfiguration and design building materials,produet type,gre
.
D:Feetor of Planning and Building shall eause all requests for-entitlements, plan eheek and
isst�aneeof building permits for- residential infill lot development to be reviewed mi
A.Privaey Design Standards-.
!.New r-esidenees and seeessory dwelling units shall off set windows f-r-oFn those
or SifflilaF material,shall be used all. windows foeing existing-
r-esidenees. Consider-loeating windows high on elevations to allow light
ventilotion, and ensure
2.
Minimize the eanyon off et between houses by elip..;..g r-oof elevations on-
side yards. Provide r-oof line variations throughout a multi dwelling infill
de-,,ele4-.
J.1 IVrI{IeOFelliteetur-al ,
off sets) to break up mussing and
4.Upper-ston, boleonies shnil be oriented towar-d the infill house's front or r-ear-
yar-d areas, a publie street or permanent open spnee.
B.Noise Consoderations. Swimming poo"ot tub equipment, eHHditl9nif3g
equipment, and other- pemanently installed motor-driven equip eat sho-11. be
loented to minimize noise impoets on eentiguous ;1Z:77d e n eGT.
G. Pad Height. Pad height for new eonstruetion shall mateh to th extent
feasible p"
ownerMevelopeF who intends to add fill above the height of the existin eontiguous
gFades shaH demonstrate to the dir-eetor-and the City Eaginee that the additional fill
}sees:
1.Wen wor4dog days p-tior-to SUbMittal fOF plan eheek(plan review) the-applieant-
Huntington Beneh,Department of Community Development by first elass .
a.Name of i
known)
and/or-lot and traet i
i
e.Nature of the planned development,ineluding maxim height and
square footage of eseh proposed infifl dweWag
d.The City Hall telephone number-for-the Depar-tment'-wif
Hi�tHf
plans;Development to eaR for-viewing
e.The date by whieh any eomments most be reeeived in wtiting by the
DepaFtment of Community Development.This date shall be 10 worldag days
from plan ebeek(plan Fevievs,)submittal; and
£ The Wdress of the Department of Community Development
2.The appliesat shaH submit a eopy of eseb notiee mailed and proof of mailing of
the notiee(s)when submi#ing the appliention for-plan ebeek(plan Fevi ). The
adjaeent property owner-s shall ha-vl-u-lxfiu -r-VOUX-4-wing days from plan eheek(plail
review)submittal to provide eomments regarding the applieation to the direet
All deeision ,
230.74 Outdoor Facilities
A. Permit Required. Outdoor storage and display of merchandise,materials,or equipment,
including display of merchandise, materials,and equipment for customer pick up,shall be subject to
approval of a Conditional Use Permit by the Zoning Administrator in the CG, IL, IG,CV and SP
districts. Sidewalk cafds with alcoholic beverage service and/or outdoor food service accessory to an
eating and drinking establishment shall be permitted subject to approval of a Conditional Use Permit
by the Zoning Administrator in the CO, CG,CV,OS and SP districts, but no outdoor preparation of
food or beverages shall be permitted.
B. Permit Conditions—Grounds for Denial.The Zoning Administrator may require yards,
screening,or planting areas necessary to prevent adverse impacts on surrounding properties. If such
impacts cannot be prevented,the Zoning Administrator shall deny the Conditional Use Permit
application.
C. Exceptions. Notwithstanding the provisions of subsections A and B of this section,outdoor
storage and display shall be permitted in conjunction with the following use classifications in
districts where they are permitted or conditionally permitted:
1. Nurseries,provided outdoor storage and display is limited to plants,new garden
equipment and containers only; and
2. Vehicle/equipment sales and rentals, provided outdoor storage and display shall be
limited to vehicles,boats,or equipment offered for sale or rent only.
3. Vehicle Storage, Off-Site Auto Sales uses and Vehicle Storage,
Recreation Vehicles uses pursuant to the provisions of Section 211.04
and Section 212.04.
D. Screening.Outdoor storage and display areas for rental equipment and building and
landscaping materials shall be screened from view of streets by a solid fence or wall.The height of
merchandise, materials,and equipment stored or displayed shall not exceed the height of the
screening fence or wall.(3525-2/02,4040-12/14)
Ord. No. 4197
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 January 21,2020,and was again read to said City
Council at a Regular meeting thereof held on February 3,2020, 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 February 13,2020. h
In accordance with the City Charter of said City.
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
,� Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4198
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED I INDUSTRIAL DISTRICTS
(ZONING TEXT AMENDMENT NO. 19-002)
WHEREAS, 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. 19-002, which amends Chapter
212 of the Huntington Beach Zoning and Subdivision Ordinance relating to updated, clarified,
and additional land use controls utilized within Industrial 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;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That Chapter 212 of the Huntington Beach Zoning and Subdivision
Ordinance titled I Industrial Districts is hereby amended to read as set forth in Exhibit A.
SECTION 2. All other provisions of Chapter 212 not modified herein shall remain in full
force and effect.
SECTION 3. This ordinance shall become effective immediately 30 days after its
adoption.
19-8007/216074 1
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the ark day of ►'aq , 207-a
or
ATTEST: APPROVED AS TO FORM:
rr 9,4�
City Clerk C' Attorney
C
ED AND PR -VIED: WITIATED AND APPROVED:
City Manager Director of Community Development
Exhibit A: Legislative Draft
19-8007/216074 2
a-d&?ancel All. 10gg
n/71 t/e tiff
212.04 IG.IL and RT Districts—Land Use Controls
In the following schedules, letter designations are used as follows:
"P"designates use classifications permitted in the Industrial Districts.
"L"designates use classifications subject to certain limitations prescribed by the"Additional
Provisions"which follow.
"PC"designates use classifications permitted on approval of a conditional use permit by the
Planning Commission.
"ZA"designates use classifications permitted on approval of a conditional use permit by the Zoning
Administrator.
"TU"designates use classifications allowed upon approval of a temporary use permit by the Zoning
Administrator.
"P/U"for an accessory use means that the use is permitted on the site of a permitted use,but
requires a conditional use permit on the site of a conditional use.
Use classifications that are not listed are prohibited. Letters in parentheses in the"Additional Provisions"
column refer to requirements following the schedule or located elsewhere in this zoning code. Where
letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use
classifications under the heading.
IG,IL,and RT Districts: Land Use Controls
P=Penmitted
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
Additional
IG IL RT Provisions
Residential
Group Residential PC PC PC (I)
Public and Semipublic (A)(L)
Community and Human Service Facilities P P P (K)
Day Care,General ZA ZA ZA
Heliports PC PC PC (N)
Additional
IG IL RT Provisions
Maintenance& Service Facilities ZA ZA ZA
Public Safety Facilities P P P
Religious Assembly ZA ZA ZA
Schools,Public or Private L-6 L-6 L-6
Utilities, Major PC PC PC
Utilities,Minor L-7 L-7 L-7 (0)
Commercial Uses (D)(L)
Ambulance Services ZA ZA ZA
Animal Sales and Services
Animal Boarding ZA ZA ZA
Animal Hospitals ZA ZA ZA
Artists' Studios P P P
Banks and Savings and Loans L-1 L-1 L-1
Building Materials and Services P P P
Catering Services - P P
Commercial Filming ZA ZA ZA
Commercial Recreation and Entertainment L-2 L-2 PC
Communication Facilities L-12 L-12 L-12
Eating&Drinking Establishments L-2 L-2 L-2
w/Live Entertainment ZA ZA ZA (R)
w/Alcohol ZA ZA ZA
Food&Beverage Sales ZA ZA ZA
Hospitals and Medical Clinics - PC PC
Laboratories P P P
Maintenance&Repair Services P P P
Marine Sales and Services P P P
Nurseries P P P
Offices,Business&ProfessionaI L-10 L-10 L-10 (C)
Personal Enrichment L-9 L-9 L-9
Personal Services L-1 L-1 L-1
Quasi-Residential PC PC PC (J)
Additional
IG IL RT Provisions
Research& Development Services P P P
Sex-Oriented Businesses(regulated by Ch. 5.70) L-i 1 L-1 I L-11
Sex-Oriented Businesses(regulated by Ch. 5.60) PC PC PC (Q)
Swap Meets, Indoor/Flea Markets PC PC PC (P)
Vehicle/Equipment Sales&Services
Service Stations L-4 L-4 L-4
Vehicle/Equipment Repair P P P
Vehicle/Equipment Sales/Rentals L-5 L-5 L-5
Vehiele Storage P ZA PC (H)—*
Vehicle Storage Impound Yards PC PC PC —T
Vehicle Storage,Off-Site Auto Dealers P1ZA P/ZA PIZA (H) (
Vehicle Storage, Recreational Vehicles P[ZA PZZ® A fHl (Vl
Visitor Accommodations ZA ZA ZA
Warehouse and Sales Outlets L-8 L-8 L-8
Industrial(See Chapter 204) (B)(L)(M)
Industry, Custom P P P
Industry, General P P P
Industry, Limited P P P
Industry, R& D P P P
Wholesaling, Distribution& Storage P P
150,000 square feet or less P P P
Greater than 150,000 square feet P P ZA
RT Flex Space - - P
Alcoholic Beverage Manufacturing P P P (L-13)
Accessory Uses
Accessory Uses and Structures P/U P/U P/U (C)
Temporary Uses
Commercial Filming, Limited P P P (S)
Real Estate Sales P P I P
Trade Fairs P P P F(E)
Additional
IG II. RT Provisions
Nonconforming Uses (F)
IG,IL,and RT Districts: Additional Provisions
L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for a
mixed use project, subject to the following requirements:
A. Minimum site area: three acres.
B. Maximum commercial space:35%of the gross floor area and 50%of the ground floor
area of buildings fronting on an arterial highway.
C. Phased development: 25%of the initial phase must be designed for industrial occupancy.
For projects over 500,000 square feet,the initial phase must include five percent of the total
amount of industrial space or 50,000 square feet of industrial space,whichever is greater.
L-2 Permitted only when designed and operated for principal use by employees of the surrounding
industrial development as an ancillary use to a primary industrial use. When designed for general
public use,permitted after considering vehicular access and complying with minimum parking
requirements.
L-3 Reserved.
L-4 Only fueling stations offering services primarily oriented to businesses located in an Industrial
District are allowed with a conditional use permit by the Planning Commission.
L-5 No new or used automobile,truck or motorcycle retail sales are permitted.
L-6 Only schools offering higher education curriculums are allowed with conditional use permit
approval by the Planning Commission.No elementary or secondary schools are permitted.
L-7 Recycling operations as an accessory use are permitted if more than 150 feet from R districts;
recycling operations as an accessory use less than 150 feet from R districts or recycling operations
as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator.
See Section 230.44, Recycling Operations.
L-8 Allowed upon conditional use permit approval by the Planning Commission when a single
building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial.The
primary tenant shall occupy a minimum 95%of the floor area and the remaining 5%may be
occupied by secondary tenants.
L-9 Permitted if the space is 5,000 square feet or less;allowed by conditional use permit from the
Zoning Administrator if the space is over 5,000 square feet.
L-10 Accessory administrative,management,regional or headquarters offices incidental to a
primary industrial use within the IG and IL Districts are limited to 10%of the floor area of the
primary industrial use.Accessory office uses incidental to a primary use within the RT District are
limited to 30%of the floor area of the primary use.
Accessory office spaces exceeding the limits above shall require a conditional use permit to the
Zoning Administrator supported by a parking demand study for all uses on site.
Medical/dental offices, insurance brokerage offices,and real estate brokerage offices, except for on-
site leasing offices, are not permitted in any Industrial District.
L-1 I Allowed subject to the following requirements:
A. A proposed sex-oriented business shall be at least 500 feet from any residential use,
school, park and recreational facility,or any building used for religious assembly(collectively
referred to as a"sensitive use")and at least 750 feet from another sex-oriented business. For
purposes of these requirements,all distances shall be measured from the lot line of the
proposed sex-oriented business to the lot line of the sensitive use or the other sex-oriented
business. The term"residential use"means any property zoned RL,RM,RMH,RH,RMP,and
any properties with equivalent designations under any specific plan.
To determine such distances the applicant shall submit for review a straight line drawing
depicting the distances from the lot line of the parcel of land on which the sex-oriented
business is proposed which includes all the proposed parking and:
1. The lot line of any other sex-oriented business within 750 feet of the lot line of the
proposed sex-oriented business;and
2. The lot line of any building used for religious assembly, school,or park and
recreational facility within 500 feet of the lot line of the proposed sex-oriented business;
and
3. The lot line of any parcel of land zoned RL, RM,RMH,RH,and RMP and any
parcels of land with equivalent designations under any specific plans within 500 feet of
the lot line of the proposed sex-oriented business.
B. The front fagade of the building, including the entrance and signage, shall not be visible
from any major,primary or secondary arterial street as designated by the circulation element of
the General Plan adopted May 1996,with the exception of Argosy Drive.
C. Prior to or concurrently with applying for a building permit and/or a certificate of
occupancy for the building,the applicant shall submit application for Community
Development Department staff review of a sex-oriented business zoning permit with the
drawing described in subsection A,a technical site plan, floor plans and building elevations,
and application fee. Within 10 days of submittal,the director shall determine if the application
is complete. If the application is deemed incomplete,the applicant may resubmit a completed
application within 10 days. Within 30 days of receipt of a completed application,the director
shall determine if the application complies with the applicable development and performance
standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include
but are not limited to the following:
1. Chapter 203,Definitions;Chapter 212,Industrial Districts; Chapter 230, Site
Standards; Chapter 231, Off-Street Parking and Loading Provisions; Chapter 232,
Landscape Improvements;and Chapter 236,Nonconforming Uses and Structures.
2. Section 233.08(B), Signs. Signage shall conform to the standards of the Huntington
Beach Zoning and Subdivision Ordinance except
a. Such signs shall contain no suggestive or graphic language,photographs,
silhouettes,drawings, statues,monuments, sign shapes or sign projections,or other
graphic representations,whether clothed or unclothed, including without limitation
representations that depict"specified anatomical areas"or"specified sexual
activities"; and
b. Only the smallest of the signs permitted under Section 233.08(B)shall be
visible from any major,primary or secondary arterial street, such streets shall be
those designated in the circulation element of the General Plan adopted May 1996,
with the exception of Argosy Drive.
3. Compliance with Huntington Beach Municipal Code Chapter 5.70.
D. The director shall grant or deny the application for a sex-oriented business zoning permit
for a sex-oriented business.There shall be no administrative appeal from the granting or denial
of a permit application thereby permitting the applicant to obtain prompt judicial review.
E. Ten working days prior to submittal of an application for a sex-oriented business zoning
permit for staff review,the applicant shall: (1)cause notice of the application to be printed in a
newspaper of general circulation; and(2)give mailed notice of the application to property
owners within 1,000 feet of the proposed location of the sex-oriented business;and the City of
Huntington Beach,Department of Community Development by first class mail.
The notice of application shall include the following:
1. Name of applicant;
2. Location of proposed sex-oriented business,including street address(if known)
and/or lot and tract number;
3. Nature of the sex-oriented business, including maximum height and square footage
of the proposed development;
4. The City Hall telephone number for the Department of Community Development to
call for viewing plans;
5. The date by which any comments must be received in writing by the Department of
Community Development.This date shall be 10 working days from staff review
submittal;and
6. The address of the Department of Community Development.
F. A sex-oriented business may not apply for a variance pursuant to Chapter 241 nor a
special sign permit pursuant to Chapter 233.
G. A sex-oriented business zoning permit shall become null and void one year after its date
of approval unless:
1. Construction has commenced or a certificate of occupancy has been issued,
whichever comes first; or
2. The use is established.
H. The validity of a sex-oriented business zoning permit shall not be affected by changes in
ownership or proprietorship provided that the new owner or proprietor promptly notifies the
director of the transfer.
I. A sex-oriented business zoning permit shall lapse if the exercise of rights granted by it is
discontinued for 12 consecutive months.
L-12 For wireless communication facilities see Section 230.96,Wireless Communication Facilities.
All other communication facilities permitted.
L-13 Alcoholic Beverage Manufacturing Requirements
1. Alcoholic Beverage Manufacturing uses without eating and drinking for public sales
or service are permitted.
2. A maximum 1,000 square feet of indoor and/or outdoor eating and drinking area per
business shall be permitted through an Administrative Permit with Neighborhood
Notification pursuant to Chapter 241.
3. Indoor and/or outdoor eating and drinking areas greater than 1,000 square feet per
business shall require a conditional use permit by the Zoning Administrator.
(A) Repealed.
(B) A conditional use permit from the Zoning Administrator is required for any new use or
enlargement of an existing use,or exterior alterations and additions for an existing use located
within 150 feet of an R district. The director may waive this requirement if there is no
substantial change in the character of the use which would affect adjacent residential property
in an R District.
(C) Accessory office uses greater than the maximum allowable percentage of the floor area of the
primary industrial use shall require a conditional use permit from the Zoning Administrator
and a parking demand study demonstrating the adequate provision of on-site parking for all
uses contained onsite.
(D) In IG and IL Districts only, commercial space excluding business and professional office, not
to exceed 25%of the floor area of the primary industrial use, is allowed with a conditional use
permit from the Zoning Administrator, provided that it is intended primarily to serve
employees of the industrial use, no exterior signs advertise the adjunct use,the adjunct use is
physically separated from the primary industrial use,and the primary industrial fronts on an
arterial.
(E) See Section 241.22,Temporary Use Permits.
(F) See Chapter 236,Nonconforming Uses and Structures.
(G) Reserved.
(H) Permitted pursuant to an Administrative Permit if tht yroneiU is 300 feet or
more from a parcel used or zoned for residential development. Permitted pursuant t
condition al use permit from the Zoning Administrator if less than 300 feet from a
parcel used or zoned for residential development
On!v the JIG and 1L distriets,automehile dismanding,storage and/or impound yards fna�
Storage
**In the RT dostFiets,automobile storage and/or impound yards are subjeet to the appr-eval-Of
a e9nditionall use permit by the Zoning Adm*H*StF9t0r-unless loented within 300 feet of an R
d*str-*et.3AI'th6a 36-0- feet ACAR R 'if qtriet,autemebile storage OR&OF impound yards are subjee4
to a onditional use peFmit by the Planning Commission. Auto stoirage uses on publie agelley
owned property shall be peFmitted wiihout a eonditionfil use permit-.
(1) Limited to facilities serving workers employed on-site.
(J) Limited to single room occupancy uses.(See Section 230.46.)
(K) Limited to emergency shelters. (See Section 230.52, Emergency Shelters.)
(L) Development of vacant land and/or additions of 10,000 square feet or more in floor area: or
additions equal to or greater than 50%of the existing building's floor area: or additions to
buildings on sites located within 300 feet of a residential zone or use for a permitted use
requires approval of a conditional use permit from the Zoning Administrator. The Community
Development Director may refer any proposed addition to the Zoning Administrator if the
proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased
noise,traffic).
(M) Major outdoor operations require conditional use permit approval by the Planning Commission.
Major outside operations include storage yards and uses utilizing more than one-third of the
site for outdoor operation.
(N) See Section 230.40, Helicopter Takeoff and Landing Areas.
(0) See Section 230.44, Recycling Operations.
(P) See Section 230.50, Indoor Swap Meets/Flea Markets.
(Q) See L-1 1(A)relating to locational restrictions.
(R) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be
permitted without a conditional use permit. Neighborhood Notification requirements when no
entitlement required pursuant to Chapter 241.
(S) Subject to approval by the Police Department, Public Works Department, and Fire Department
and the Community Development Director.
W In all districts,storage areas shall be screened from view on all sides by a solid
wall made of either block, masonry,wood,vinyl or other similar material. The wall
shall not be less than six feet in height and set back a minimum 10 feet from abutting
streets with the entire setback area permanently landscaped and maintained.
n all districts, storage areas shall be screened from view on all sides adiacent to-a
public right of way by a solid wall made of either brick, block, masonry,wood, vinyl or
other similar material. The wall shall include a minimum ten foot return on all sides.
The wall shall not be less than six feet in height and set back a minimum 10 feet from
abutting streets with the entire setback area permanently landscaped and maintained
M In all districts,storage areas shall be screened from view on all sides adiacent to a
public right of way by a solid wall made of either block, masonry,wood,vinyl or other
similar material. The wall shall include a minimum ten foot return on all sides. The
wall shall not be less than six feet in height and set back a minimum 10 feet from
abutting streets with the entire setback area permanently landscaped and-maintained.-
Scregning on the remaining sidgs shall be eyalvated based I site conditiam
as determined during#bLg entitlement Proms,
M Auto storage uses on public agency owned property shall be permitted by right
pursuant to su ittal of a Parking Area_flan. See Section 231.26.
(3254-10/94, 3378-2/98, 3523-2/02,3568-9/02,3703-3/05,3708-6/05, 3724-02/06,3788-12/07,
3843-11/09, 3860-2/10,4039-12/14,4092-10/16)
Ord. No. 4198
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 January 21,2020,and was again read to said City
Council at a Regular meeting thereof held on February 3,2020,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 February 13,2020.
In accordance with the City Charter of said City.
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Qeputy City Clerk of the City Council of the City
(J of Huntington Beach, California
ORDINANCE NO. 4199
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED C COMMERCIAL DISTRICTS
(ZONING TEXT AMENDMENT NO. 19-002)
WHEREAS, 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. 19-002,
which amends Chapter 211 of the Huntington Beach Zoning and Subdivision Ordinance
relating to updated, clarified, and additional development standards utilized within
Commercial 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;
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby ordain as follows:
SECTION 1. That Chapter 211 of the Huntington Beach Zoning and Subdivision
Ordinance titled C Commercial Districts is hereby amended to read as set forth in Exhibit A.
SECTION 2. All other provisions of Chapter 211 not modified herein shall remain in
full force and effect.
SECTION 3. This ordinance shall become effective immediately 30 days after its
adoption.
19-8007/216859 1
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the YA day of n/ , 2020.
r
ATTEST: APPROVED AS TO FORM:
City Clerk ttorney
OVIEED AND A VED: I 71TIATEDAND APPROVED:
LA ,
City Manager Director of Community Development
Exhibit A: Legislative Draft
19-8007/216859 2
OR-D1AJ-1WM-10,
LR;1s&177W A FT'
FIXI-P8)r A,
211.04 CO,CG,and CV Districts--Land Use Controls
In the following schedules,letter designations are used as follows:
"P"designates use classifications permitted in commercial districts.
"L"designates use classifications subject to certain limitations prescribed by the"Additional
Provisions"that follow.
"PC"designates use classifications permitted on approval of a conditional use permit by the
Planning Commission.
"ZA"designates use classifications permitted on approval of a conditional use permit by the Zoning
Administrator.
"TU"designates use classifications allowed upon approval of a temporary use permit.
"P/U"for an accessory use means that the use is permitted on the site of a permitted use, but
requires a conditional use permit on the site of a conditional use.
Use classifications that are not listed are prohibited. Letters in parentheses in the"Additional Provisions"
column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where
letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use
classifications under the heading.
CO,CG,and CV Districts: Land Use Controls
P=Permitted
1.=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
CO CG CV Additional Provisions
Residential (J)(Q)(R)(V)
Group Residential PC PC PC
Multifamily Residential - - PC
Public and Semipublic (J)(QXR)(V)
Clubs and Lodges P P -
Community and Human Services
Drug Abuse Centers - PC -
Primary Health Care L-1 l L-11 -
Emergency Kitchens - L-2 -
CO CG Cv Additional Provisions
Emergency Shelters - L-2 -
Residential Alcohol Recovery,General - PC -
Residential Care,General ZA ZA -
Convalescent Facilities ZA ZA -
CulturalInstitutions L-14 L-14 L-14
Day Care,General L-3 L-3 -
Day Care,Large-Family. P P - (Y)
Emergency Health Care L-2 L-2 -
Government Offices P P ZA
Heliports PC PC PC (B)
Hospitals PC PC -
Park&Recreation Facilities L-9 L-9 L-9
Public Safety Facilities ZA ZA ZA
Religious Assembly ZA ZA PC
Schools,Public or Private PC PC -
Utilities,Major PC PC PC
Utilities,Minor P P P (L)
Commercial Uses (J)(Q)(R)
Ambulance Services - ZA -
Animal Sales&Services L-16
Animal Boarding - ZA -
Animal Grooming - P -
Animal Hospitals - ZA -
Animals—Retail Sales - P -
Equestrian Centers(CG Zone) - PC - (S)
Pet Cemetery - PC -
Artists' Studios P P P
Banks and Savings&Loans P P P
With Drive-Up Service P P P
Building Materials and Services - P -
Catering Services P P P
Commercial Filming P P P (F)
CO CG CV Additional Provisions
Commercial Recreation and Entertainment - PC PC (D)
Communication Facilities L-13 L-13 L-13
Eating and Drinking Establishments P P P
W/Alcohol ZA ZA ZA (N)
W/Drive Through - P P
W/Live Entertainment ZA ZA ZA (W)(Y)
W/Dancing PC PC PC (H)
W/Outdoor Dining ZA ZA ZA (X)
Food&Beverage Sales - P L-12
W/Alcoholic Beverage Sales - ZA ZA (N)
Funeral&Interment Services - ZA -
Laboratories L-1 L-1 -
Maintenance&Repair Services - P -
Marine Sales and Services - P P
Nurseries - ZA -
Offices,Business&Professional P P P
Offices,Medical& Dental P P P
Pawn Shops - ZA -
Personal Enrichment Services L-10 L-10
Personal Services P P P
Research&Development Services L-1 ZA -
Retail Sales - P P (U)(V)
Secondhand Appliances/Clothing - P -
Swap Meets, Indoor/Flea Markets - PC - (T)
Swap Meets, Recurring - ZA -
Tattoo Establishments - ZA -
Travel Services P P P
Vehicle Equipment/Sales&Services
Automobile Rentals - L-8 L-8 L-12
Automobile Washing - ZA -
Commercial Parking - ZA ZA (P)
Service Stations - PC PC (E)
Vehicle Equip. Repair - L-5 -
CO CG CV Additional Provisions
Vehicle Equip. Sales& Rentals ZA ZA L-12
Vehicle Storage,Impound Yards = P
Vehicle Storages Off-Site Auto Dealers P/ZA = �
Vehicle Storage, Recreational Vehicles ZA m
Offices for Vehicle Equip.Sales& Rentals L-15 L-15 -
Visitor Accommodations
Bed& Breakfast Inns ZA ZA ZA (K)
Hotels. Motels - PC PC (1)
Condominium-Hotel - PC (Z)
Fractional Ownership Hotel
Quasi Residential
Timeshares PC (1)(J)
Residential Hotel PC (J)
Single Room Occupancy PC -
Industrial (J)(Q)(R)(V)
Industry.Custom - L-6 L-6
Accessory Uses (J)(V)
Accessory Uses& Structures P U P'U P U
Temporary Uses (F)(J)(V)
Animal Shows - TU -
Circus and Carnivals and Festivals TU -
Commercial Filming, Limited - P P (bl)
Real Estate Sales P P P
Retail Sales,Outdoor - TU 1U (M)
Seasonal Sales TU TU TiJ 011)
Tent Event - P
Trade Fairs - P
Nonconforming Uses (G)(J)(V)
CO,CG,and CV Districts: Additional Provisions
L-I Permitted if the space is 5,000 square feet or less;allowed with Neighborhood Notification
pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet.
L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000
square feet or less;allowed with a conditional use permit from the Planning Commission if the
space exceeds 5,000 square feet.(See Section 230.52,Emergency Shelters.)
L 3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500
square feet or less;allowed with a conditional use permit from the Planning Commission if the
space exceeds 2,500 square feet.
L-4 Reserved.
L-5 Only limited facilities are allowed subject to approval of a conditional use permit from the
Zoning Administrator,and body and fender shops are permitted only as part of a comprehensive
automobile-service complex operated by a new vehicle dealer.
L-6 Only"small-scale"facilities,as described in use classifications,are permitted with a maximum
seven persons employed full time in processing or treating retail products, limited to those sold on
the premises.
L-7 Repealed.
L-8 On-site storage limited to two rental cars or two cars for lease.
L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is
required for commercial facilities.
L-10 Permitted if the space is 5,000 square feet or less;allowed with Administrative Permit
approval if space exceeds 5,000 square feet.
In addition,personal enrichment uses within a retail building parked at a ratio of one space per 200 square
feet, shall require no additional parking provided the use complies with the following:
• Maximum number of persons per classroom does not exceed the number of parking
spaces allocated to the suite based upon the square footage of the building;and
• The instruction area does not exceed 75%of total floor area of the personal enrichment
building area.
L-I I Permitted if the space is 5,000 square feet or less;allowed with a conditional use permit from
the Zonina Administrator if the space exceeds 5,000 square feet.
L-12 Permitted for existing facilities proposing to expand up to 20%of existing floor area or display
area.
L-13 For wireless communication facilities see Section 230.96, Wireless Communication Facilities.
All other communication facilities permitted.
L-14 Allowed with Neighborhood Notification pursuant to Chapter 241 if space is 5,000 square feet
or less; allowed with a conditional use permit from the Planning Commission if the space exceeds
5,000 square feet.
L-15 Includes businesses with the primary building use of office for vehicle retail sales and
wholesale businesses which may display the maximum number of vehicles at any given time as
required by the California Department of Motor Vehicles.
L-16 No person shall keep or maintain upon premises owned or controlled by him or her in the City,
any kennel within 200 feet of any residential use. Refer to HBMC Section 7.12.150- Kennels.
L-17 Permitted pursuant to an Administrative Permit if the property is 300 feet or
more rom a parcel used or zoned for residential development. Permitted pursuant to
a conditional use permit from the Zoning Administrator if less than 300 feet from a
parcel used or zoned for residential development.
(A) Reserved.
(B) See Section 230.40, Helicopter Takeoff and Landing Areas.
(C) Repealed.
(D) See Section 230.38,Game Centers;Chapter 5.28, Dance Halls; Chapter 9.24, Card Rooms;
Chapter 9.32,Poolrooms and Billiards;and Chapter 9.28, Pinball Machines.
(E) See Section 230.32, Service Stations.
(F) See Section 241.20,Temporary Use Permits.
(G) See Chapter 236,Nonconforming Uses and Structures.
(H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided.
These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28,
Dancing Halls;Chapter 5.44, Restaurants-Amusement and Entertainment Premises;and
Chapter 5.70,Adult Entertainment Businesses.
(1) Only permitted on a major arterial street,and a passive or active outdoor recreational amenity
shall be provided.
(J) In the CV District the entire ground floor area and at least one-third of the total floor area shall
be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use
Plan. Any use other than visitor serving commercial shall be located above the ground level,and a
conditional use permit from the Planning Commission or the Zoning Administrator is required. Any
use other than visitor serving commercial uses shall only be permitted if visitor serving uses are
either provided prior to the other use or assured by deed restriction as part of the development. No
office or residential uses shall be permitted in any visitor serving designation seaward of Pacific
Coast Highway.
(K) See Section 230.42, Bed and Breakfast Inns.
(L) Collection containers are permitted in all commercial districts; recycling facilities as an
accessory use to a permitted use shall be permitted upon approval by the director with
Neighborhood Notification pursuant to Chapter 241. See Section 230.44, Recycling Operations.
(M) Subject to approval by the Police Department, Public Works Department, Fire Department and
the director. See also Section 230.86, Seasonal Sales.
(N) The following businesses proposing to sell alcoholic beverages for on-site or off-site
consumption are exempt from the conditional use permit process:
(1) Retail markets with no more than 10%of the floor area devoted to sales,display,and
storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction
with the sale of gasoline or other motor vehicle fuel.
(2) Restaurants, bars,and liquor stores located 300 feet or more from any R or PS district,
public or private school,church,or public use.
(3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral
arrangement.
(0) See Section 230.46, Single Room Occupancy.
(P) See Chapter 231 for temporary and seasonal parking.
(Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or
additions equal to or greater than 50%of the existing building's floor area;or additions to buildings
on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a
conditional use permit from the Zoning Administrator. The Community Development Director may
refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to
impact residents or tenants in the vicinity(e.g., increased noise,traffic).
(R) Projects within 500 feet of a PS District;see Chapter 244.
(S) See Section 230.48, Equestrian Centers.
(T) See Section 230.50, Indoor Swap Meets/Flea Markets.
(U) See Section 230.94, Carts and Kiosks.
(V) In the coastal zone,the preferred retail sales uses are those identified in the visitor serving
commercial land use designation which provide opportunities for visitor-oriented commercial
activities including specialty and beach related retail shops,restaurants,hotels, motels,theaters,
museums,and related services.
(W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be
permitted without a conditional use permit.
(X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit from the
Zoning Administrator.Outdoor dining without alcohol sales that is 400 square feet or less shall be
permitted without a conditional use permit. If over 400 square feet with no alcohol sales,
Neighborhood Notification shall be required pursuant to Chapter 241.
(Y) Neighborhood Notification requirements pursuant to Chapter 241.
(Z) In the CV District, condominium-hotels and/or fractional interest hotels are allowed only at the
Pacific City(Downtown Specific Plan District 7)and Waterfront(Downtown Specific Plan District
9)sites. Refer to Downtown Specific Plan.
(AA) Storage areas shall be screened from view on all sides by a solid wall made o
either block, masonry,wood,vinyl or other similar material. The wall shall not be lest
an six feet in height and set back a minimum 10 feet from abutting 5treets with the
entire setback area permanently landscaped and maintained.
UM Storage areas shall be screened from view on all sides adiacent to a pub is ri ht
of way by a solid wall made of either brick, block,masonry,wood,vinyl or other
similar material. The wall shall include a minimum ten foot return on all sides_ The
wall shall not be less than six feet in height and set back a minimum 10 Feet from
abutting streets with the entire setback area permanently landscaped and maintained
(CQ Storage areas shall be screened from view on all sides adjacent to a public right
of way by a solid wall made of either block. masonry,wood,vinyl or other similar
material, The wall shall include a minimum ten foot return on all sides. The wall shall
not be less than six feet in hejaht and-setback a minimum 10 feet from abutting streets
with the entire setback area permanently la dtt scaned and maintained. Screening on
the remaining sides shall be evaluated based on proposed site conditions as determined
during the entitlement process.
(3248-6/95, 3334-6/97, 3341-10/96, 3378-2/98.3482-12/00, 3522-2/02, 3553-5/02,3568-9/02,
3 707-6/05, 3 774-10/07, 3848-1/10,3 859-2/10,403 8-12/14,4091-10/16.4174-3/19)
211.06 CO, CG,and CV Districts—Development Standards
The following schedule prescribes development standards for the CO. CG and CV districts. The first three
columns prescribe basic requirements for permitted and conditional uses in each district. Letters in
parentheses in the"Additional Requirements"column refer to standards following the schedule or located
elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter
203,the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded
down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way
and in accordance with definitions set forth in Chapter 203. Definitions.
CO,CG,and CV Districts: Development Standards
CO CG CV Additional Requirements
Residential Development (A)(B)
Nonresidential Development (B)
Minimum Lot Area (sq.ft.) 10,000 10,000 10,000 (C)
Minimum Lot Width(ft.) 100 100 100
Minimum Setbacks
Front(ft.) 10 10 0 (D)(E)(0)
Side(ft.) 5 0 0 (F)
Street Side(ft.) 10 10 0 (E)
Rear(ft.) 5 0 0 (F)
Maximum Height of Structures(ft.) 40 50 50 (F)(G)
Maximum Wall Dimensions (N)
Maximum Floor Area Ratio(FAR) 1.0 1.5 0.5
CO CG CV Additional Requirements
Minimum Site Landscaping(%) 8 8 8 (1-1)(1)
Building Design Standards (0)
Fences and Walls (J)(K)
Off-Street Parking/Loading (L)
Outdoor Facilities See§230.74 (M)
Screening of Mechanical Equipment See§230.76 (M)
Refuse Storage Areas See§230.78
Underground Utilities See Ch. 17.64
Performance Standards See§230.82
Nonconforming Structures See Ch.236
Signs See Ch.233
CO,CG,and CV(Districts: Additional Development Standards
(A) Dwelling units shall be subject to the standards for minimum setbacks, height limits, maximum
density, open space, balconies and bay windows,and parking for the RMH District.The setback
standards shall apply only to the stories of a building that are intended for residential use.
(B) See Section 230.62, Building Site Required,and Section 230.64, Development on Substandard
Lots.
(C) The minimum site area for a hotel or motel is 20,000 square feet.
(D) See Section 230.68, Building Projections into Yards and Required Open Space. Double-
frontage lots shall provide front yards on each frontage.
(E) A minimum 50-foot setback is required along Beach Boulevard, Pacific Coast Highway and
Edinger Avenue or 25-foot setback with the setback area entirely landscaped.
(F) Along a side or rear property line abutting an R district,a 10-foot setback is required,and
structures within 45 feet of the district boundary shall not exceed 18 feet in height.
(G) See Section 230.70, Measurement of Height,and Section 230.72,Exceptions to Height Limits.
(H) Planting Areas.
(1) Required front and street side yards shall be planting areas except properties with 50-foot
setback shall provide a minimum 10-foot-wide planting area along street frontages.
(2) Required side and rear yards shall be planting areas or shall be enclosed by a solid
concrete or masonry wall at least six feet in height.
(3) Hotels and Motels. A 15-foot-wide landscaped strip shall be provided along all street
frontages, except for necessary driveways and walks.
(1) See Chapter 232,Landscape Improvements.
(J) See Section 230.88, Fencing and Yards.
(K) A solid masonry or concrete wall at least six feet in height shall adjoin the site of an existing
ground-floor residential use. However,where the portion of the site within 10 feet of the front
property line is occupied by planting area or by a building having no openings except openings
opposite a street property line,the director may grant an exception to this requirement. A wall
within 15 feet of a street property line shall not exceed 3.5 feet in height.
(L) See Chapter 231,Off-Street Parking and Loading.
(M) See Section 230.44, Recycling Operations and Section 230.80,Antennae.
(N) A front or street side wall surface shall be no longer than 100 feet without a break, a recess or
offset measuring at least 20 feet in depth and one-quarter of the building length,or;a series of
offsets,projections or recesses at intervals of not more than 40 feet that vary the depth of the
building wall by a minimum of four feet.The director may grant exceptions or allow these standards
to be modified for exceptional or unique structures subject to Design Review,Chapter 244.
Maximum Wall length and Required Break
toolwo
A
25&
(W awe
Single Horizontal Offsets:20 Feet
IGO ft.
,nb*k0,w311 24 R.oOR.
4!),
rccm
25 R -- 25%of wall
or r mum be varied
►42 "
Variable Offsets:20 Feet and 4 Feet
(0) Two building design standards are established to make commercial areas more attractive and
provide a unified streetscape:
(1) In the CV District a 10-foot minimum upper-story setback is required above the second
story along street frontages.
1Required Setback
M=awn secs WOMA
CV District: Upper-Story Setback
(2) In the CO and CV Districts,and on frontages adjacent to major or primary arterials in the
CG District at least 40%of a building surface may be located at the minimum setback line if
additional landscaping is provided on the site.
Min. 40 PCrccnt
of front building,
elevation at
SttEkaCk lent:
L J Setback line
Building Face at Setback Line
(3707-6/05,3774-10/07, 4038-12/14,4174-3/19)
211.08 Review of Plans
All applications for new construction, initial establishment of use,exterior alterations and additions shall
be submitted to the Community Development Department for review.Discretionary review shall be
required as follows:
A. Zoning Administrator Review.Projects requiring a conditional use permit from the Zoning
Administrator; projects on substandard lots; see Chapter 241.
B. Design Review Board. See Chapter 244.
C. Planning Commission.Projects requiring a conditional use permit from the Planning
Commission; see Chapter 241.
D. Projects in the Coastal Zone.A Coastal Development Permit is required unless the project is
exempt; see Chapter 245.(3522-2/02, 3868-3/10, 3774-10/07,4038-12/14,4091-10/16,4174-3/19)
Ord. No. 4199
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 January 21,2020,and was again read to said City
Council at a Regular meeting thereof held on February 3,2020, 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-0fficio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on February 13,2020.
In accordance with the City Charter of said City.
Robin Estanislau.City Clerk City Clerk and ex-officio Clerk
Denuri Ciri Clerk of the City Council of the City
of Huntington Beach, California
Exhibit C - 6�so Ad-ADi
Nv J/
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:
4�;� kL U,,*L4�
City Clerk City Attorney
V D A A PROVED: INITIATED P OVED:
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
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. �� n
In accordance with the City Charter of said City. (yJ'�►
Robin Estanislau,Cily Clerk City Clerk and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
1_0/oi r - 4E,SD .-30 do
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
(B)(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
ATTEST: APPROVED AS TO FORM:
Gwlou �&� `
City Clerk 1�ei City Attorney
11E AND PP VED: INITIATED AN PP VED:
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
1,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-oflicio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on July 30,2020.
In accordance with the City Charter of said City.
Robin Estani lau Qy Clerk City Clerk and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
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.
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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.
P Roof
Second Story
First SsOr3P'
--g-- —-----ll'tl is b crn:nt Ceiling is
it ishe more than Vi_from
Grade l aso ertt avemgc ad-joining.finished
grade,the ad-joining.
N,
comidc d a Stony,
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
i
F-_
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,
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
MRof01
FAR of 1.0
VAR of 13
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.
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
Pen meter Landscape.
Interior Landscape
interior
f � Landscape
A
Interior Landscape
IS
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.
20-8649/231925 16
STREET
'Rcvcrsed Corner
-- lotcrior Interior Comera�... Enter cst Lot Lot Lot E- i
r. L.at through;
Lot
Interior """39 lntcriOr lntcrior
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Reversed Corner
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LOT TVPES
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 Litie Front L t 1. n
I-ot Width=(x +
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
-Mez inti�,d
ti a Pcircent of floor
�bc1�titi�.
Floor Below
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
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Private Open Space, Private Opcn Space Common Open 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 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 , 202ot
0.
Ma
ATTEST: APPROVED AS TO FORM:
� c
City Clerk �. Qity Attorney
tlEtAN ZPOVED: INITIATED AND APPR VED:
V 1�
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.
In accordance with the City Charter of said City. i/
Robin Estanislau Qi1y Clerk City Clerk and ex-officio Clerk
De u Ci Clerk of the City Council of the City
of Huntington Beach, California
r�
1017-
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 IPC 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 I 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 J (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.
Ma
ATT APPROVED AS TO FORM:
r
City Clerk City Attorney
VI W 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
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.
In accordance with the City Charter of said City.
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
LC/ �Deyuty City Clerk of the City Council of the City
of Huntington Beach, California
L_(151/6T (2- /yG—Sd -j_
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,RE 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.1.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.1.j. and B.1.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.l.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.l.a. through B.1.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.1.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 July 52020.
M
ATTEST: APPROVED AS TO FORM:
ewe �hw&zarn
City Clerk City Attorney
VI t A APED: INITIATEED AN PP 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
1,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and exofficio 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 City Clerk City Clerk and ex-officio Clerk
GN� De ut Ci Clerk of the City Council of the City
of Huntington Beach,California
ATTACHMENT NO. 5
SUMMARY OF ENTITLEMENTS
LCPA No. 20-001
1. ZONING TEXT AMENDMENT NO. 18-003: This application amends six
Chapters of the Huntington Beach Zoning and Subdivision Ordinance to
reorganize certain entitlement applications to a lower hearing body, codify
existing policies, and clarify sections of the code. The six chapters amended are
Chapter 203 (Definitions), Chapter 204 (Use Classifications), Chapter 211
(Commercial Districts), Chapter 214 (Public-Semipublic District), Chapter 230 -
Section 230.26 (Affordable Housing), and Chapter 231 (Off-Street Parking and
Loading Provisions).
2. ZONING TEXT AMENDMENT NO. 19-002: This application amends seven
Chapters of the Huntington Beach Zoning and Subdivision Ordinance for overall
maintenance pertaining to vehicle storage, parking structures, residential infill
requirements, and moving/relocating structures. The seven chapters amended are
Chapter 203 (Definitions), Chapter 204 (Use Classifications), Chapter 210
(Residential Districts), Chapter 211 (Commercial Districts), Chapter 212
(Industrial Districts), Chapter 230 - Section 230.22 (Residential Infill Lot
Development) and Section 230.74 (Outdoor Facilities), and Chapter 231 (Off-
Street Parking and Loading Provisions).
3. ZONING TEXT AMENDMENT NO. 19-005: This application amends four
chapters of the Huntington Beach Zoning and Subdivision Ordinance and creates
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 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 added
is Chapter 5.110 Group Homes.
457
Huntington Beach Wave PROOF OF PUBLICATION
2190 S.Towne Centre Place Suite 100
Anaheim, CA 92806 Legal No. 0011414187
714-796-2209 City of Huntington Beach
Notice of Public Hearing
and Public Comment Period
Consolidated Annual Performance
&Evaluation Report for FY 2019/20
NOTICE IS HEREBY GIVEN that on October 19,
5190751 2020' at 6:00 pm the Huntington Beach City Council
will accept the Consolidated Annual Performance
Plan (CAPER) for Fiscal Year 2019/20. The purpose of
the CAPER is to highlight the City's achievements
HUNTINGTON BEACH, CITY OF during the implementation year of the HUD-funded
CITY CLERK DEPARTMENT Community Development Block Grant (CDBG) and
HOME Investment Partnership Act (HOME) Pro-
2000 MAIN ST grams during Fiscal Year 2019/20 (July 1,2019 through
June 30, 2020). Additionally, the CAPER reports the
HUNTINGTON BEACH, CA 92648-2763 progress the City made in carrying out its strategic
plan (Consolidated Plan) and its action plan (Annual
Action Plan). Copies of the Draft CAPER are availa-
ble at the City's website at https://www.huntingtonbea
chca.gov/business/economic-development/cdbg/,or
can be delivered via U.S. mail or email upon request
FILE NO. FY 19-20 CAPER by calling the City's Office of Business Development at
(714) 375-5186. Written comments on the CAPER will
be accepted until 2:00 pm on Monday, October 19,2020
AFFIDAVIT OF PUBLICATION and can be addressed oremailed to:
CONSOLIDATED ANNUAL PERFORMANCE&
RT
STATE OF CALIFORNIA, Attn: Robert Rami ez,lON Economic Development
$$. Proiect Manager
Office of Business Development
County of Orange 2 Street 28r Huntingtonr � cCA964
Robert.Rami hb.or g
On March 4, 2020, Governor Newsom proclaimed a
State of Emergency in California as a result of the
threat of COVID-19. On March 17, 2020, Governor
I am a citizen of the United States and a resident of the Newsom issued Executive Order N-29-20 which allows
Count aforesaid; I am over the age of eighteen ears, and a local legislative d to a Hold public meetings via
Y 9 9 Y teleconferencing and to make public meetings accessi-
not a party to or interested in the above entitled matter. I ble telephonically or otherwise electronically to all
members of the public seeking to observe and to ad-
am the principal clerk of the Huntington Beach Wave, a dress the local legislative body. Pursuant to Executive
Order N-29-20, please be advised that some members
newspaper that has been adjudged to be a newspaper of of the Huntington Beach City Council and/or City staff
general circulation b the Superior Court of the Count of may participate in this meeting telephonically or elec-
tronically. While the City cannot provide an in-person
Orange, State of California, on July 1, 1998, Case No. location for the meeting at this time, property owners,
residents, and any interested parties can participate
A-185906 in and for the City of Huntington Beach, County in the public hearing via audio/video access to
of Orange, State of California;that the notice, of which the broadcasted meetings: City council and Planning
g Commission meetings are televised live on HBTV-3
annexed is a true printed copy, has been published in Channel 3,and can be viewed via live or archived web-
site at https://huntingtonbeach.legistar.com .
each regular and entire issue of said newspaper and not in
In accordance with the Americans with Disabilities
any supplement thereof on the following dates, to wit: Act, services are available to members of our com-
munity who require special assistance to participate
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reasonable arrangements for an assisted listening de-
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and/or large print agendas. Please contact the City
Clerk's Office at (714) 536-5227 for more information,
or request assistance from staff listed above.
I certify(or declare) under the penalty of perjury under the Published:October 1,2020 11414187
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date: October 01, 2020.
C', �,�
Signature
r.LP1-12/15/16 1
Moore, Tania
From: Christine Gonzalez <cgonzales@scng.com>
Sent: Monday, October 5, 2020 10:52 AM
To: Moore, Tania
Subject: Re: Publication for October 1 st - Public Hearing Notice
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Subject: Re: Publication for October 1st- Public Hearing Notice
Cost $291.00, pub 10/1.
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Chrissy Gonzalez
2190 S. Towne Centre Place, Suite 100
Anaheim, CA 92806
714-796-6736
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On Thu, Sep 24, 2020 at 4:19 PM Moore, Tania<Tania.Mooregsurfcit hb.or->wrote:
Hi Chrissy,
Please publish the attached Notice of Public Hearing one time on October 1, 2020.
Thank you,
Tania Moore
Deputy City Clerk
City Clerk's Office
714-536-5209
tania.moore()-surfcity-hb.org
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