HomeMy WebLinkAbout2019-01-22 Agenda PacketMEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members
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AGENDA
CITY COUNCIL/PUBLIC FINANCING AUTHORITY
Tuesday, January 22, 2019
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
Study Session - None / Closed Session - 4:30 PM / Successor Agency Special
Meeting and City Council/Public Financing Authority
Regular Meeting - 6:00 PM
MAYOR AND CITY COUNCIL
ERIK PETERSON, Mayor
LYN SEMETA, Mayor Pro Tem
PATRICK BRENDEN, Councilmember
KIM CARR, Councilmember
BARBARA DELGLEIZE, Councilmember
JILL HARDY, Councilmember
MIKE POSEY, Councilmember
STAFF
FRED A. WILSON, City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
1
City Council/Public Financing Authority AGENDA January 22, 2019
4:30 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda
Distribution)
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit)
RECESS TO CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT(S)
1.19-106 Mayor Peterson to Announce: Pursuant to Government Code §
54957.6, the City Council takes this opportunity to publicly
introduce and identify designated labor negotiators: Fred A.
Wilson, City Manager, Peter Brown, outside counsel and Chief
Negotiator, Lori Ann Farrell-Harrison, Assistant City Manager; also
in attendance: Robert Handy, Chief of Police, Gilbert Garcia, Chief
Financial Officer, and Michele Warren, Director of Human
Resources regarding the following: Huntington Beach Police
Officers’ Association (POA) and Police Management Association
(PMA).
2.19-107 Mayor Peterson to Announce: Pursuant to Government Code § 54957.6,
the City Council takes this opportunity to publicly introduce and identify
designated labor negotiator: Peter Brown, regarding labor negotiations
with: Assistant City Manager, Chief Assistant City Attorney, Chief Financial
Officer, Chief Information Officer, City Manager, Community Development
Director, Community Services Director, Deputy Director of Community
Development, Fire Chief, Human Resources Director, Library Services
Director, Deputy Community Prosecutor, Police Chief, Public Works
Director, as well as the elected City Attorney, City Clerk and City
Treasurer.
CLOSED SESSION
3.18-663 Pursuant to Government Code § 54956.9(d)(1), the City Council
shall recess into Closed Session to confer with the City Attorney
regarding the following lawsuit: Duran (Anthony) v. City of
Huntington Beach, et al.; USDC Case No.: 8:18-cv-00659 JVS (DFMx).
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City Council/Public Financing Authority AGENDA January 22, 2019
4.18-665 Pursuant to Government Code § 54956.9(d)(1), the City Council
shall recess into Closed Session to confer with the City Attorney
regarding the following lawsuit: Harrison-Swaim (Jaime) v. City of
Huntington Beach, et al.; OCSC Case No.: 30-2018-01014886.
5.19-094 Pursuant to Government Code § 54956.9(d)(1), the City Council
shall recess into Closed Session to confer with the City Attorney
regarding the following lawsuit: Decock (Eugene and Sandra) v.
City of Huntington Beach; OCSC Case No. 30-2017-00956312.
6.19-098 Pursuant to Government Code § 54956.9(d)(1), the City Council
shall recess into Closed Session to confer with the City Attorney
regarding the following lawsuit: Moore (Neal), et. al. v. City of
Huntington Beach, et al.; USDC Case No. 8:19-cv-00009-DOC
(ADSx).
7.19-099 Pursuant to Government Code § 54956.9(d)(1), the City Council
shall recess into Closed Session to confer with the City Attorney
regarding the following claim: Langton v. Surf City Seniors on the
Go; DFEH case #20180-05-02444531.
8.19-101 Pursuant to Government Code § 54957.6, the City Council shall
recess into Closed Session to meet with its designated labor
negotiator, Peter Brown, regarding labor negotiations with:
Assistant City Manager, Chief Assistant City Attorney, Chief
Financial Officer, Chief Information Officer, City Manager,
Community Development Director, Community Services Director,
Deputy Director of Community Development, Fire Chief, Human
Resources Director, Library Services Director, Deputy Community
Prosecutor, Police Chief, Assistant Police Chief, Public Works
Director, as well as the elected City Attorney, City Clerk and City
Treasurer
9.19-102 Pursuant to Government Code § 54957.6, the City Council shall
recess into Closed Session to meet with its designated labor
negotiators: Fred A. Wilson, City Manager, Peter Brown, outside
counsel and Chief Negotiator, Lori Ann Farrell-Harrison, Assistant
City Manager; also in attendance: Robert Handy, Chief of Police,
Gilbert Garcia, Chief Financial Officer, Michele Warren, Director of
Human Resources regarding the following: Huntington Beach
Police Officers’ Association (POA) and Police Management
Association (PMA).
10.19-104 Pursuant to Government Code §54956.9(d)(2) the City Council
shall recess into Closed Session to confer with the City Attorney
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City Council/Public Financing Authority AGENDA January 22, 2019
regarding potential litigation. Number of cases, one (1).
11.19-105 Pursuant to Government Code § 54956.9(d)(1), the City Council
shall recess into Closed Session to confer with the City Attorney
regarding the following lawsuit: Kennedy Commission, et al. v. City
of Huntington Beach; OCSC Case No. 30-2015-00801675.
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALL
TO ORDER THE SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE
FORMER REDEVELOPMENT AGENCY OF HUNTINGTON BEACH
ROLL CALL
Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
PLEDGE OF ALLEGIANCE
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or
advance any faith or belief. Neither the City nor the City Council endorses any
particular religious belief or form of invocation.
12.18-635 Maneck Bhujwala of the Zoroastrian Community and member of
the Greater Huntington Beach Interfaith Council.
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
13.18-633 Mayor Peterson to call on Victoria Alberty to present the
Adoptable Pet of the Month.
14.18-634 Mayor Peterson to call on Finance Director Gilbert Garcia to
present the Mayor’s Award to Paulina Flores, Senior Finance
Analyst.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda
Distribution)
PUBLIC COMMENTS (3 Minute Time Limit)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234
REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES
Page 3 of 9
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City Council/Public Financing Authority AGENDA January 22, 2019
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
15.18-637 The filing of the lawsuit, City of Huntington Beach v. State of California,
challenging the Constitutionality of the State’s recently enacted SB 35
CONSENT CALENDAR
16.18-625 Approve and Adopt Minutes
Approve and adopt the City Council/Public Financing Authority regular meeting and
Special Meetings of the Housing Authority, Parking Authority and Successor Agency
minutes dated December 17, 2018, as written and on file in the Office of the City Clerk.
Recommended Action:
17.18-642 Receive and file the Notification of a City Council Strategic
Planning Session to be held on February 7, 2019
Receive and file the Notification of the City Council’s Strategic Planning Session
scheduled for February 7, 2019.
Recommended Action:
18.18-640 Annual Review of the City Code of Ethics
Direct the City Clerk to record in the official minutes that the City Code of Ethics was
presented to the City Council, City Manager, Chairpersons, and City Department Directors
for their review and distribution as required by Resolution No. 2016-73.
Recommended Action:
19.19-095 Approve revision to the Maddy Act Local Appointments List - 2019,
to include the addition of newly established Harbor and Jet Noise
commissions adopted by the City Council in late 2018
Approve the Maddy Act Local Appointments List - 2019 (Revised) to include the addition
of the Jet Noise Commission adopted by Council on November 19, 2018, and the Harbor
Commission adopted by Council on December 17, 2018; and , direct the City Clerk to post
the revised list at official posting locations (Civic Center, Huntington Central Library, and
Main Street Library). Copies of the Maddy Act Local Appointments List - 2019 (Revised)
will also be posted at all branch libraries and on the City’s website.
Recommended Action:
20.18-582 Approve the December 2018 City of Huntington Beach Strategic
Plan Update
Approve the December 2018 Strategic Objectives Update as contained within
Attachment 1.
Recommended Action:
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City Council/Public Financing Authority AGENDA January 22, 2019
21.18-644 Approve the appointment of Amory Hanson and Mark Zambrano to
the Historic Resources Board (HRB) with terms to expire July
2022 as recommended by City Council liaisons Mayor Erik
Peterson and Mayor Pro Tempore Lyn Semeta
Approve the appointment of Amory Hanson and Mark Zambrano to the Historic Resources
Board, as recommended by City Council liaisons to the Board, Mayor Peterson and Mayor
Pro-tem Semeta, with terms to expire July 1, 2022.
Recommended Action:
22.19-003 Approve and authorize the City of Huntington Beach to give a six
(6) month prior written Notice of Intent to Terminate from the
Public Cable Television Authority
Authorize the City Manager to give a six (6) month prior written Notice of Intent to
Terminate to the Public Cable Television Authority and to all other Members pursuant to
Section 4 of the Joint Powers Agreement .
Recommended Action:
23.18-641 Approve and authorize execution of Amendment No. 1 to
Cooperative Agreement No. C-5-3614 between Orange County
Transportation Authority (OCTA) and City of Huntington Beach for
I-405 Improvement Project
Authorize the Mayor and City Clerk to execute “Amendment No. 1 to Cooperative
Agreement No. C-5-3614 between Orange County Transportation Authority and City of
Huntington Beach for I-405 Improvement Project.”
Recommended Action:
24.18-652 Approve a sole source agreement for the purchase and
refurbishment of a lifeguard rescue boat with Willard Marine, Inc.
Approve the sole source agreement with Willard Marine, Inc.
Recommended Action:
25.18-588 Adopt Resolution Nos. 2019-01, 2019-02, 2019-03, 2019-04 and
2019-05 for Summary Vacation of certain existing Easements at the
Pacific City Residential Development (Final Tract Map Number
16338) located at 21002 Pacific Coast Highway
A) Adopt Resolution No. 2019-01, “A Resolution of the City Council of the City of
Huntington Beach Ordering the Summary Vacation of a Pedestrian Ingress and Egress
Easement on Property Located at Pacific City (Final Tract Map Number 16338);” and,
B) Adopt Resolution No. 2019-02, “A Resolution of the City Council of the City of
Huntington Beach Ordering the Summary Vacation of an Easement for Access Purposes
Recommended Action:
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City Council/Public Financing Authority AGENDA January 22, 2019
on Property Located at Pacific City (Final Tract Map Number 16338)”; and ,
C) Adopt Resolution No. 2019 -03, “A Resolution of the City Council of the City of
Huntington Beach Ordering the Summary Vacation of an Easement for Village Green Park
and Open Space Purposes on Property Located at Pacific City (Final Tract Map Number
16338);” and,
D) Adopt Resolution No. 2019 -04, “A Resolution of the City Council of the City of
Huntington Beach Ordering the Summary Vacation of an Easement for Waterline
Purposes on Property Located at Pacific City (Final Tract Map Number 16338);” and,
E) Adopt Resolution No. 2019-05, “A Resolution of the City Council of the City of
Huntington Beach Ordering the Summary Vacation of an Easement for Public Park and
Open Space Purposes on Property Located at Pacific City (Final Tract Map Number
16338);” and,
F) Instruct the City Clerk to record said Resolutions (and attachments) with the Orange
County Recorder.
26.18-610 Adopt Resolution Nos. 2019-01 and 2019-02 approving the
Recognized Obligation Payment Schedule (ROPS) and
Administrative Budget for the Huntington Beach Successor
Agency for the period of July 1, 2019 through June 30, 2020, in
accordance with Health and Safety Code Section 34177 and related
actions
A) Adopt Resolution No. 2019-01, "A Resolution of the Successor Agency to the
Redevelopment Agency of the City of Huntington Beach Approving the Successor Agency
Administrative Budget for the Period July 1, 2019, through June 30, 2020;" and,
B) Adopt Resolution No. 2019-02, "A Resolution of the Successor Agency to the
Redevelopment Agency of the City of Huntington Beach Approving the Recognized
Obligation Payment Schedule for the Period July 1, 2019 - June 30, 2020 (‘ROPS
19-20’)."
Recommended Action:
27.18-626 Adopt Ordinance No. 4148 adding Chapter 10.50 to the Code, both
relating to On-Street Parking Meter Zones and Off-Street City
Parking Lots
Approved for introduction December 17, 2018 - Vote: 7-0
Recommended Action:
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City Council/Public Financing Authority AGENDA January 22, 2019
Adopt Ordinance No. 4148, “An Ordinance of the City of Huntington Beach Amending
Huntington Beach Municipal Code Chapters 10.04, 10.52, 10.56, 10.60 and 10.68, and
Adding Chapter 10.50 to the Code, Both Relating to On-Street Parking Meter Zones and
Off-Street City Parking Lots.”
28.18-627 Adopt Ordinance No. 4169 Amending Huntington Beach Municipal
Code Chapter 3.03 Relating to Professional Services Contracts
Approved for introduction December 17, 2018 - Vote: 5-2 (Posey,
Delgleize - No)
Adopt Ordinance No. 4169, “An Ordinance of the City of Huntington Beach Amending
Sections 3.03.020, 3.03.060, and 3.03.080 of Chapter 3.03 of the Huntington Beach
Municipal Code Relating to Professional Services Contracts.”
Recommended Action:
PUBLIC HEARING
29.19-001 Adopt Resolution No. 2019-06 modifying the Management District
Plan (MDP) of the Huntington Beach Tourism Business
Improvement District (HBTBID); approve execution of the
terminating Grant Agreement with Visit Huntington Beach (VHB)
and authorize entering into a new Memorandum of Understanding
(MOU)
A) Adopt Resolution No. 2019-06, “A Resolution of the City Council of the City of
Huntington Beach Modifying the Management District Plan of the Huntington Beach
Tourism Business Improvement District”; and,
B) Approve and authorize the Mayor and City Clerk to execute the “Mutual Agreement to
Terminate the Grant Agreement between the City of Huntington Beach and Visit
Huntington Beach”; and ,
C) Authorize the City Manager to negotiate and execute an Agreement for Tourism
Business Improvement District Management to administer the TBID activities and
improvements in a form acceptable to the City Attorney along with the required budget
modifications.
Recommended Action:
30.19-005 Approve for introduction Ordinance Nos. 4172, 4173, 4174, 4175,
and 4176 approving Zoning Text Amendment (ZTA) No. 18-003
(Zoning and Subdivision Ordinance Update)
A) Find and determine that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements
Recommended Action:
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City Council/Public Financing Authority AGENDA January 22, 2019
CEQA (Attachment No. 1); and ,
B) Approve Zoning Text Amendment No. 18-003 with findings (Attachment No. 1) and
approve for introduction:
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);”
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);”
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);”
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);” and,
Ordinance No. 4176, “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)” (Attachment Nos. 3 - 7).
ADMINISTRATIVE ITEMS
31.19-103 Adopt Emergency Ordinance No. 4177 adding Chapter 5.100 to the
Huntington Beach Municipal Code (HBMC) establishing a Sidewalk
Vending Permitting and Regulatory Program and repealing Section
5.50.170(F) which prohibits vending from a human powered
conveyance
Five Affirmative Votes are required to adopt per Charter Section
501
Adopt Emergency Ordinance No. 4177, “An Emergency Ordinance of the City of
Huntington Beach Adding Chapter 5.100 To The Huntington Beach Municipal Code
Establishing A Sidewalk Vending Permitting And Regulatory Program And Repealing
Section 5.50.170(F) Which Prohibits Vending From A Human Powered Conveyance .”
Recommended Action:
ORDINANCES FOR INTRODUCTION
32.18-590 Expedite Permit Process for Electric Vehicle Charging Stations on
Private Property by approving for introduction Ordinance No. 4166
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City Council/Public Financing Authority AGENDA January 22, 2019
Approve for introduction Ordinance No. 4166, “An Ordinance of the City of Huntington
Beach Adding Chapter 17.62 to the Huntington Beach Municipal Code Regarding
Expedited Electric Vehicle Charging Station Permitting.”
Recommended Action:
33.18-664 Approve for introduction Ordinance No. 4171 amending the
Huntington Beach Municipal Code (HBMC) by updating Chapter
17.56.200 related to emergency responder access to private
property
Approve for introduction Ordinance No. 4171 , “An Ordinance of the City of Huntington
Beach Amending Chapter 17.56.200 of the Huntington Beach Municipal Code Regarding
Security Gates.”
Recommended Action:
COUNCILMEMBER ITEMS
34.19-097 City Councilmember Item submitted by Councilmember Posey for
the January 22, 2019 City Council meeting - Formation of a Charter
Review Commission
Direct the City Manager to:
A)Convene the Charter Review Commission to be made up of 15 members--7
appointed individually by each of the City Council Members and 8 to be appointed
by the City Council as a whole; and
B)Retain the services of a Charter Review Consultant to assist the Commission and
staff in the review of the Charter.
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing
Authority is Monday, February 4, 2019, at 4:00 PM in the Civic Center Council Chambers, 2000
Main Street, Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA
AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS
AT
http://www.huntingtonbeachca.gov
Page 9 of 9
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City of Huntington Beach
File #:19-106 MEETING DATE:1/22/2019
Mayor Peterson to Announce: Pursuant to Government Code § 54957.6, the City Council
takes this opportunity to publicly introduce and identify designated labor negotiators: Fred A.
Wilson, City Manager, Peter Brown, outside counsel and Chief Negotiator, Lori Ann Farrell-
Harrison, Assistant City Manager; also in attendance: Robert Handy, Chief of Police, Gilbert
Garcia, Chief Financial Officer, and Michele Warren, Director of Human Resources regarding
the following: Huntington Beach Police Officers’ Association (POA) and Police Management
Association (PMA).
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City of Huntington Beach
File #:19-107 MEETING DATE:1/22/2019
Mayor Peterson to Announce: Pursuant to Government Code § 54957.6, the City Council takes this
opportunity to publicly introduce and identify designated labor negotiator: Peter Brown, regarding
labor negotiations with: Assistant City Manager, Chief Assistant City Attorney, Chief Financial Officer,
Chief Information Officer, City Manager, Community Development Director, Community Services
Director, Deputy Director of Community Development, Fire Chief, Human Resources Director, Library
Services Director, Deputy Community Prosecutor, Police Chief, Public Works Director, as well as the
elected City Attorney, City Clerk and City Treasurer.
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City of Huntington Beach
File #:18-663 MEETING DATE:1/22/2019
Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed
Session to confer with the City Attorney regarding the following lawsuit:Duran (Anthony) v.
City of Huntington Beach, et al.; USDC Case No.: 8:18-cv-00659 JVS (DFMx).
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City of Huntington Beach
File #:18-665 MEETING DATE:1/22/2019
Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed
Session to confer with the City Attorney regarding the following lawsuit: Harrison-Swaim
(Jaime) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2018-01014886.
City of Huntington Beach Printed on 1/16/2019Page 1 of 1
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City of Huntington Beach
File #:19-094 MEETING DATE:1/22/2019
Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed
Session to confer with the City Attorney regarding the following lawsuit: Decock (Eugene and
Sandra) v. City of Huntington Beach; OCSC Case No. 30-2017-00956312.
City of Huntington Beach Printed on 1/16/2019Page 1 of 1
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City of Huntington Beach
File #:19-098 MEETING DATE:1/22/2019
Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed
Session to confer with the City Attorney regarding the following lawsuit: Moore (Neal), et. al. v.
City of Huntington Beach, et al.; USDC Case No. 8:19-cv-00009-DOC (ADSx).
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City of Huntington Beach
File #:19-099 MEETING DATE:1/22/2019
Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed
Session to confer with the City Attorney regarding the following claim: Langton v. Surf City
Seniors on the Go; DFEH case #20180-05-02444531.
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City of Huntington Beach
File #:19-101 MEETING DATE:1/22/2019
Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to
meet with its designated labor negotiator, Peter Brown, regarding labor negotiations with:
Assistant City Manager, Chief Assistant City Attorney, Chief Financial Officer, Chief
Information Officer, City Manager, Community Development Director, Community Services
Director, Deputy Director of Community Development, Fire Chief, Human Resources Director,
Library Services Director, Deputy Community Prosecutor, Police Chief, Assistant Police Chief,
Public Works Director, as well as the elected City Attorney, City Clerk and City Treasurer
City of Huntington Beach Printed on 1/16/2019Page 1 of 1
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City of Huntington Beach
File #:19-102 MEETING DATE:1/22/2019
Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to
meet with its designated labor negotiators: Fred A. Wilson, City Manager, Peter Brown,
outside counsel and Chief Negotiator, Lori Ann Farrell-Harrison, Assistant City Manager; also
in attendance: Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial Officer, Michele
Warren, Director of Human Resources regarding the following: Huntington Beach Police
Officers’ Association (POA) and Police Management Association (PMA).
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City of Huntington Beach
File #:19-104 MEETING DATE:1/22/2019
Pursuant to Government Code §54956.9(d)(2) the City Council shall recess into Closed
Session to confer with the City Attorney regarding potential litigation. Number of cases, one
(1).
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City of Huntington Beach
File #:19-105 MEETING DATE:1/22/2019
Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed
Session to confer with the City Attorney regarding the following lawsuit: Kennedy
Commission, et al. v. City of Huntington Beach; OCSC Case No. 30-2015-00801675.
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City of Huntington Beach
File #:18-635 MEETING DATE:1/22/2019
Maneck Bhujwala of the Zoroastrian Community and member of the Greater Huntington
Beach Interfaith Council.
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City of Huntington Beach
File #:18-633 MEETING DATE:1/22/2019
Mayor Peterson to call on Victoria Alberty to present the Adoptable Pet of the Month.
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City of Huntington Beach
File #:18-634 MEETING DATE:1/22/2019
Mayor Peterson to call on Finance Director Gilbert Garcia to present the Mayor’s Award to
Paulina Flores, Senior Finance Analyst.
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City of Huntington Beach
File #:18-637 MEETING DATE:1/22/2019
The filing of the lawsuit, City of Huntington Beach v. State of California, challenging the
Constitutionality of the State’s recently enacted SB 35
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City of Huntington Beach
File #:18-625 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Robin Estanislau, CMC, City Clerk
PREPARED BY:Robin Estanislau, CMC, City Clerk
Subject:
Approve and Adopt Minutes
Statement of Issue:
The City Council/Public Financing Authority regular meeting and Special Meetings of the Housing
Authority, Parking Authority and Successor Agency minutes dated December 17, 2018, require
review and approval.
Financial Impact:
None.
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular meeting and Special Meetings
of the Housing Authority, Parking Authority and Successor Agency minutes dated December 17,
2018, as written and on file in the Office of the City Clerk.
Alternative Action(s):
Do not approve and/or request revision(s).
Analysis:
None.
Environmental Status:
Non-Applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. December 17, 2018 CC/PFA/HA/PA/SA Minutes
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Minutes
City Council/Public Financing Authority and
Special Meetings of the Housing Authority,
Parking Authority and Successor Agency
City of Huntington Beach
Monday, December 17, 2018
3:30 PM - Council Chambers
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 3:30 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
www.huntingtonbeachca.gov/government/agendas/
3:30 PM – COUNCIL CHAMBERS
Based on time needed to cover items scheduled for Study Session and Closed Session, the
meeting was called to order at 3:30 PM.
CALLED TO ORDER — 3:30 PM
ROLL CALL
Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize (arrived at 3:32 PM), and Hardy
(arrived at 3:32 PM)
Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications that were received by her office following distribution of the Council Agenda packet:
Study Session:
Item #1 (18-573) - A PowerPoint communication entitled PCTA Exit and Transition Plan to "Surf City 3",
submitted by Assistant City Manager Lori Ann Farrell Harrison.
Item #2 (18-258) - A PowerPoint communication entitled Master Fee and Charges Schedule and Other
Revenue Adjustments, submitted by Assistant City Manager Lori Ann Farrell Harrison.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS
(3 Minute Time Limit) — None
STUDY SESSION
1. 18-573 PCTA Transition and Exit Plan to “Surf City 3”
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A PowerPoint communication, was presented jointly by Assistant to the City Manager Antonia Graham
and Public Information Officer Julie Toledo, entitled PCTA Exit and Transition Plan to "Surf City 3," with
slides titled: History and Background, History of PCTA, Governance, Franchise and PEG Fees,
Summary of 18/19 PCTA Budget (Administrative and PEG), HB Production, Current Trends in TV,
Samples of "Newer" Programming, What are other Orange County cities doing?, Comparison Chart - Per
Capita Spending, Business Plan for Operating "Surf City 3", Proposed Staffing Model, Programming,
Programming Ideas, Proposed 1st Year Budget, What can PEG be spent on?, Revenue/Partnership
Opportunities, Next Steps - Two Options, and Questions?
Mayor Pro Tem Semeta expressed her opinion that prudent fiscal analysis shows her it is time for the
City to begin the transition to exit from Public Cable Television Authority (PCTA) and supports many of
the suggestions presented.
Councilmember Hardy and Assistant to the City Manager Graham discussed restrictions and use of
Public, Educational and Government (PEG) funds, and Councilmember Hardy also expressed support
for working with school districts and their talented teams for programming purposes.
Councilmember Brenden expressed his support for exiting PCTA and believes it would be the prudent
way to move ahead for both the citizens and the City. Councilmember Brenden stated his support for
meeting with the PCTA Board as part of the process to ensure the City Council has complete knowledge
of all the issues involved.
Councilmember Delgleize and staff discussed that leaving PCTA could provide opportunities for better
and more relevant content which is one hundred percent Huntington Beach, rather than some of the
current content which comes from out-of-area sources. Staff stated that if Council approves a resolution
to move ahead, they would then begin implementing the Transition Plan.
Councilmember Hardy and staff discussed if programming could be vulnerable to budget cuts, and staff
explained that PEG and Franchise fees used to fund a City program would decrease if residents
eliminated their cable service.
Councilmember Carr and staff discussed programming content, and whether the City can actually
provide 8 hours each day. Councilmember Carr expressed her concern about maintaining the City's
brand and the need to be very selective if there is any underwriting.
City Manager Wilson stated that this item will return in January for Council action.
2. 18-258 Update on Master Fee and Charges Schedule on Other Revenue Adjustments
City Manager Wilson introduced Chief Financial Officer Gilbert Garcia who presented a PowerPoint
communication jointly with Acting Director of Community Services Chris Slama entitled: City of
Huntington Beach, Master Fee and Charges Schedule and Other Revenue Adjustments, with slides
titled: Budget Balancing Review, Summary of Proposed Fee Changes, Proposed Fee Changes
Comparison, Community Services History of Parking Meter Rates, Proposed Fee Changes Comparison
by Department, Proposed MFS Changes by Department, Proposed Master Fee Changes Community
Services Summary, Community Services Special Events Fees (2), Community Services Parking Meter
Rates, Proposed MFS Changes Finance Department Summary, Finance Department Entertainment
Permits, Finance Department Massage Fees, Finance Department Entertainment & Massage Fee
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Survey, Proposed MFS Changes Fire Department Summary, Fire Department Inspection and Plan
Review Fees, Fire Department Marine Safety Fees, Police Department Parking Citations, Police
Department Parking Citations Survey, Community Development Environmental Review (2), and
Recommended Actions.
Councilmember Delgeize and staff discussed that currently overall fees cover about 74% (seventy-four
percent) of costs and the new fees will cover about 75% (seventy-five percent) of actual costs. Staff
confirmed the Master Fee Schedule is posted on the City's website.
Councilmember Hardy stated that in her opinion massage establishment fees should recover 100% of
associated costs, without needing the increase to be phased in.
Mayor Pro Tem Semeta expressed her desire to see no increase in fees for Huntington Beach non-
profits, and staff confirmed that set-up fees for room rentals are not changing.
Councilmember Brenden expressed his opinion, especially regarding massage establishment fees, that it
is not fair to penalize one particular type of business, and his belief that the long-range goal is to reach
100% recovery for all costs.
Councilmember Carr and staff discussed set-up and take-down special event fees, and confirmed
increases would affect vendors of large events who are not currently under contract. Staff confirmed that
transparency and clarity are provided throughout the vetting process.
Mayor Peterson expressed his support for the set-up and take-down fee, and stated he would like to see
a simplified fee schedule available on the website.
RECESSED TO CLOSED SESSION — 4:38 PM
A motion was made by Brenden, second Semeta to recess to Closed Session for Items 4 — 9. With no
objections, the motion carried.
CLOSED SESSION ANNOUNCEMENT(S)
3. 18-606 Mayor Peterson Announced: Pursuant to Government Code § 54957.6, the City
Council takes this opportunity to publicly introduce and identify designated labor
negotiator: Peter Brown, outside counsel, regarding labor negotiations with:
Assistant City Manager, Chief Assistant City Attorney, Chief Financial Officer, Chief
Information Officer, City Manager, Community Development Director, Community
Services Director, Deputy Director of Community Development, Fire Chief, Human
Resources Director, Library Services Director, Deputy Community Prosecutor, Police
Chief, Public Works Director, as well as the elected City Attorney, City Clerk and City
Treasurer; and,
Pursuant to Government Code § 54957.6, the City Council takes this opportunity to
publicly introduce and identify designated labor negotiators: Fred A. Wilson, City
Manager, Peter Brown, outside counsel and Chief Negotiator, Lori Ann Farrell-
Harrison, Assistant City Manager; also in attendance: Robert Handy, Chief of Police,
Gilbert Garcia, Chief Financial Officer, and Michele Warren, Director of Human
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Resources regarding the following: Huntington Beach Police Officers' Association
(POA) and Marine Safety Management Association (MSMA).
CLOSED SESSION
4. 18-579 Pursuant to Government Code § 54956.9(d)(2), the City Council recessed into Closed
Session to confer with the City Attorney regarding potential litigation. Number of
cases, five (5).
5. 18-580 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed
Session to confer with the City Attorney regarding the following lawsuit: Kennedy
Commission, et al. v. City of Huntington Beach; OCSC Case No. 30-2015-00801675;
Court of Appeal Case No. E070935 (4th Dist., Div. 2).
6. 18-599 Pursuant to Government Code § 54957.6, the City Council recessed into Closed
Session to meet with its designated labor negotiator, Peter Brown, regarding labor
negotiations with: Assistant City Manager, Chief Assistant City Attorney, Chief
Financial Officer, Chief Information Officer, City Manager, Community Development
Director, Community Services Director, Deputy Director of Community Development,
Fire Chief, Human Resources Director, Library Services Director, Deputy Community
Prosecutor, Police Chief, Public Works Director, as well as the elected City Attorney,
City Clerk and City Treasurer.
7. 18-600 Pursuant to Government Code § 54957.6, the City Council recessed into Closed
Session to meet with its designated labor negotiators: Fred A. Wilson, City Manager,
Peter Brown, outside counsel and Chief Negotiator, Lori Ann Farrell-Harrison,
Assistant City Manager; also in attendance: Robert Handy, Chief of Police, Gilbert
Garcia, Chief Financial Officer, Michele Warren, Director of Human Resources
regarding the following: Huntington Beach Police Officers’ Association (POA) and
Marine Safety Management Association (MSMA).
8. 18-604 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed
Session to confer with the City Attorney regarding the following lawsuit: Harrison-
Swaim (Jaime) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2018-01014886.
9. 18-605 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed
Session to confer with the City Attorney regarding the following lawsuit: Decock
(Eugene and Sandra) v. City of Huntington Beach; OCSC Case No. 30-2017-00956312.
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING, AND CALLED TO
ORDER SPECIAL MEETINGS OF THE HOUSING AUTHORITY, PARKING AUTHORITY AND
SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF HUNTINGTON BEACH
— 6:08 PM
ROLL CALL
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Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
Absent: None
PLEDGE OF ALLEGIANCE — Led by Councilmember Hardy
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or
belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
10. 18-424 Deacon Tom Concitis of Saint Mary’s by the Sea Roman Catholic Church and
member of the Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY — None
AWARDS AND PRESENTATIONS
11. 18-601 Mayor Peterson called on Victoria Alberty who presented the Adoptable Pet of the
Month.
Domino, currently being fostered by Karen of Top Dog Barkery at Pacific City, is a 4-year old Shitsu, well
trained, loves other dogs and people. Further details can be found at www.waggintrails.org or Top Dog
Barkery.
12. 18-608 Mayor Peterson called on Zac Wright, Secretary of the Huntington Beach Fire
Authority (HBFA) and Great Balls of Fire Charity Golf Tournament Chairman, to
present a check from their charity golf tournament to Waymakers Huntington Beach
Youth Shelter
Fire Captain Wright provided a few details on the Annual Tournament and presented a check of $36,300
to Waymakers Huntington Beach Youth Shelter. Huntington Beach Youth Shelter Program Director Elsa
Greenfield expressed appreciation for those who went beyond the call of duty to support the Youth
Shelter. She also thanked Advisory Council Members, and presented a "Thank You" poster to
Huntington Beach Fire Authority (HBFA) which was created by Youth Shelter residents.
13. 18-612 Mayor Peterson called on Chief Rob Handy to recognize eight Huntington Beach
Police Department (HBPD) officers for their participation in the Employer Support of
the Guard and Reserve (ESGR) Patriotic Employer program
Chief Handy introduced Police Officers Ian MacLeith and Eric Esparza, who along with Officer Scott
Marsh, nominated eight Police Department supervisors for Patriotic Awards to acknowledge their support
for active duty employees of the Huntington Beach Police Department. Officer Esparza provided some
background details on the ESGR program and how the supervisors were selected for this award. Mr.
Thomas Bell of ESGR presented the Patriotic Award, which was produced in Washington, DC and
consists of a certificate and pin, to Police Sergeants Shawn White, Shawn Randell, Brian Smith, Ryan
Reilly, John Van Holt, John Baggs, and Police Lieutenant David Dereszynski.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
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Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications that were received by her office following distribution of the Council Agenda packet:
Council Committee - Appointments - Liaison Reports, AB 1234 Reporting, and Openness in
Negotiations Disclosures
Item #14 (18-613) Email communication in support of Councilmember Posey for reappointment to the
RHNA Subcommittee received from Yorba Linda Council Member Peggy Huang.
City Manager's Report
Item #15 (18-598) PowerPoint communication entitled Coyote Management Plan Update submitted by
Police Chief Robert Handy.
Consent Calendar
Item #20 (18-482) Email communication regarding a Professional Services Contract for Workers'
Compensation Third-Party Claims Administration with AIMS received from Pat Quintana.
Item #21 (18-483) Email communication regarding a Professional Services Contract for Workers'
Compensation Program Medical Bill Review Services with Lien On Me received from Pat Quintana.
Item #22 (18-484) Email communication regarding a Professional Services Contract for Workers'
Compensation Program Utilization Review Services with ARISSA received from Pat Quintana.
Administrative Items
Item #34 (18-595) Email communication regarding Resolution No. 2018-55 amending Fees and Charges
received from KC Fockler.
Ordinances for Introduction
Item #35 (18-617) Email communications (3) regarding introduction of Ordinance No. 4169 received from
Mark Bixby, Julie Bixby, and Dan Jamieson.
PUBLIC COMMENTS (3 Minute Time Limit) — 19 Speakers
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/government/agendas.
Dianna Orr, 11th Street resident, was called to speak and stated her support for The Corner Market at
11th Street and Acacia. (01:33:34)
Suzanne Iacono, Owner/Operator of The Corner Market, was called to speak and stated her opinions
and facts related to the Public Speaker complaints made at a previous City Council meeting. Ms. Iacono
asked that the City Council assist with resolving the issues of intimidation and threats to their business
and family members. Mayor Peterson asked Ms. Iacono to complete a blue card for staff follow-up.
(01:35:52)
MaryAnn Divona, an 11th Street resident and realtor, was called to speak and stated her support for The
Corner Market at 11th Street and Acacia. (01:38:19)
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Heather Allen was called to speak and shared personal experiences and opinions related to the
community coyote issues. (01:41:30)
Traci Larson, resident of Huntington Beach, was called to speak and shared personal experiences and
opinions related to the community coyote issues. (01:42:56)
Peggy Huang, Yorba Linda Councilmember, and Regional Housing Needs Assessment (RHNA)
Subcommittee Chair for Southern California Association of Government (SCAG), was called to speak
and stated her support for re-appointing Councilmember Posey to the RHNA Subcommittee. (01:45:43)
Kathryn Levassiur, 20-year resident of Huntington Beach, was called to speak and spoke in support of
the City adopting rules and regulations related to Short-Term Vacation Rentals. (01:49:04)
Dave Shenkman, a 45-year resident of Huntington Beach and Downtown business owner, was called to
speak and stated his support for Consent Calendar Item No. 19 (18-616) regarding the appointment of
Kelly Rodriguez to the position of Assistant Chief of Police. (01:51:20)
John Christiana, former Huntington Beach and current Laguna Beach resident, was called to speak and
stated his opinions on his current litigation with the City. (01:52:08)
Janis White, resident on 11th at Acacia, across the street from The Corner Market, was called to speak
and stated her support for The Corner Market. (01:56:01)
Jim White, resident on 111th at Acacia, across the street from The Corner Market, was called to speak
and stated his support for The Corner Market. (01:58:57)
Bruce Sechler, a resident of Huntington Beach, was called to speak and shared negative impacts and
personal experiences related to a short-term rental business next door to his residence, and asked that
the Council support City Attorney Gate's recent proposal to enforce the existing municipal code.
(02:02:20)
Aaron Smith was called to speak and thanked Council members for their service and leadership, and he
encouraged continued transparency in all City Council matters. (02:05:34)
Scott Graham, long-time homeowner and resident, was called to speak and stated his opinions and
negative experiences related to the short-term rentals in his neighborhood and what he perceives as the
lack of proper code enforcement. (02:08:06)
Diana Abruscato, USA Pickleball Association (USAPA) Ambassador for Huntington Beach, and
Contracted Pickleball Instructor for Huntington Beach, was called to speak and shared the good news
that youth pickleball classes are being added to the program. Ms. Abruscato also announced that there
are already 125 participants signed up for the Pickleball Tournament to be held in ten months, and asked
that the City Council approve dedicated use of Worthy Park courts for pickleball events. (02:10:58)
Allan & Yvonne Ansdell were called to speak and stated support for The Corner Market at 11th Street and
Acacia. (02:13:58)
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Dimetri Gardikas was called to speak and stated his support for The Corner Market at 11th Street and
Acacia. (02:16:22)
Wendi Tochihara, resident of Huntington Beach, was called to speak and shared experiences and
opinions related to the community coyote issues. (02:17:20)
Frank Singer, a long-time resident of Huntington Harbor, was called to speak and offered to serve on the
recently established Harbor Commission. (02:19:53)
COUNCIL COMMITTEE – APPOINTMENTS – LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Hardy announced the appointment of Ken Small to the Public Works Commission, and
Jake Hudson to the Finance Commission.
Councilmember Posey reported on recent meetings of the Southern California Association of
Government (SCAG) Regional Housing Needs Assessment (RHNA) Sub Committee, and the West
Orange County Water Board (WOCWB) where Huntington Beach was presented an award for hydrogen
sulfide odor reduction in Well #9.
Councilmember Brenden reported having a conversation with the President of the Huntington Beach
Police Officers' Association (HBPOA).
Councilmember Carr reported having a conversation with the President of the Huntington Beach Police
Officers' Association (HBPOA). Councilmember Carr also announced the appointment of Brendon
Perkins to the Planning Commission, Karla Tucker to the Public Works Commission, Shayna Lathus to
the Citizens Participation Advisory Board, Lisa Kemmerer to the Community Services Commission, and
Syndia Attardo to the Investment Advisory Board.
Councilmember Delgleize reported on recent meetings of the Orange County Transit Authority (OCTA),
the Orange County Housing Trust Finance Board, and Orange County Homeless Point in Time Count.
14.18-613 Approved Mayor Peterson’s 2019 Council Liaison List
A motion was made by Peterson, second Hardy to as recommended by the City Council, Public
Financing Authority, Housing Authority, Parking Authority, and Successor Agency: Approve the 2019
Council Liaison List that includes appointments to citizen boards, commissions, committees, and task
forces as presented by Mayor Peterson. (The City Clerk certifies that FPPC Form 806 "Agency Report
of Public Official Appointments" which is used to report additional compensation that officials receive
when appointing themselves to positions on committees, boards or commissions of a public agency,
special district and joint powers agency or authority was posted to the City's website according to law
prior to this vote.)
A substitute motion was made by Posey, second Delgleize to revise the Liaison List to keep
Councilmember Posey as Primary Liaison for Southern California Association of Government (SCAG),
Orange County Council of Governments (OCCOG), and to remain on the Intergovernmental Relations
Committee (IRC).
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Councilmember Posey provided justification for his request to remain on SCAG, remain primary member
of the OCCOG, and on the Intergovernmental Relations Committee (IRC). He described the importance
of continued participation on Regional Housing Needs Assessment (RHNA) Subcommittee, and
discussed some of the topics he brought before the IRC.
Councilmembers Carr and Posey discussed anticipated board terms/cycles and how they affect study
and project movement
Councilmember Hardy shared her thoughts on the process, and provided support for the appointments
recommended by Mayor Peterson.
Councilmember Brenden stated support for Councilmember’s Posey request to remain as the primary
liaison for SCAG and OCCOG, but recommended that he withdraw his request to remain on the IRC.
Councilmembers Posey and Delgleize agreed remove IRC from the substitute motion.
Councilmember Delgleize shared her thoughts on allowing Councilmembers to continue their work on
other boards, and City Attorney Gates and City Clerk Estanislau clarified the process necessary in order
to make changes to the current posted Council Liaison List.
Councilmember Posey’s substitute motion seconded by Delgleize was clarified as, return to Council on
January 22, 2019 with the appointment of Councilmember Posey as Primary Liaison for Southern
California Association of Government (SCAG) and Orange County Council of Governments (OCCOG).
The substitute motion failed by the following vote:
AYES: Brenden, Posey and Delgleize
NOES: Peterson, Semeta, Carr, and Hardy
The original motion made by Peterson, second Hardy was reconsidered to, as recommended by the City
Council, Public Financing Authority, Housing Authority, Parking Authority, and Successor Agency:
Approve the 2019 Council Liaison List that includes appointments to citizen boards, commissions,
committees, and task forces as presented by Mayor Peterson. (The City Clerk certifies that FPPC Form
806 "Agency Report of Public Official Appointments" which is used to report additional compensation that
officials receive when appointing themselves to positions on committees, boards or commissions of a
public agency, special district and joint powers agency or authority was posted to the City's website
according to law prior to this vote.)
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Delgleize, and Hardy
NOES: Posey
CITY MANAGER’S REPORT
15. 18-598 Police Department Update on Coyote Management Plan
City Manager Wilson introduced Police Chief Robert Handy who provided a brief description of how the
Coyote Management Plan was determined, and introduced Police Administrative Division Services
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Manager Kristin Miller who presented a PowerPoint communication entitled: Coyote Management Plan
Update with slides titled: Current Management Plan, Statistics, High Density Map, How to Report From
the HB Webpage, How to Report from the MyHB App, What Do We Do With The Data?, Wildlife Watch-
Town Halls-Clean Up, Removal, Resident Actions, and Questions.
Councilmember Delgleize thanked Manager Miller for the presentation and stated her opinion that more
publicity is needed for the Coyote Management Plan in an effort to educate residents on their options.
Councilmember Brenden and Manager Miller discussed statistics from previous years and a possible
correlation to trapping activity. Chief Handy stated that wildlife biologists, who were consulted when
setting up the City's Coyote Management Plan, find that removing coyotes can often actually increase
the coyote population over time. Chief Handy also noted that the County has become much more
involved in the last year, and State Fish and Wildlife staff don't normally get involved in removal
procedures unless there has been coyote human contact.
Councilmember Semeta and Chief Handy discussed in further detail the role of State Fish and Wildlife
Department in coyote management.
CONSENT CALENDAR
Councilmember Carr stated she will abstain from Item No. 16 (18-556) regarding approving and adopting
Minutes.
Councilmember Brenden pulled Item No. 17 (18-563) related to the City Clerk's quarterly listing of
Professional Service contracts, and Item No. 26 (18-501) related to the City's Strategic Plan Update, for
further discussion and clarification.
16.18-556 Approved and Adopted Minutes
A motion was made by Semeta, second Peterson to approve and adopt the City Council/Public
Financing Authority regular meeting minutes dated November 19, 2018, and December 3, 2018, as
written and on file in the Office of the City Clerk.
The motion carried by the following vote:
AYES: Brenden, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ABSTAIN: Carr
17.18-563 Received and filed City Clerk’s quarterly listing of professional services contracts
filed in the City Clerk’s office between July 1, 2018, and September 30, 2018
Councilmember Brenden pulled this item to confirm with the City Clerk that this list is to inform Council of
Professional Service contracts which do not require Council approval.
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A motion was made by Brenden, second Semeta to receive and file the "List of Professional Services
Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During the
Period of July 1, 2018, through September 30, 2018."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
18. 18-493 Received and filed the Maddy Act Local Appointments List - 2019 (terms on City
boards, commissions, and committees which expire in 2019) informing the public of
openings and vacancies based on 2019 expiration of current members’ terms
A motion was made by Semeta, second Peterson to receive and file the Maddy Act Local Appointments
List - 2019 showing vacancies which will occur on City boards, commissions, and committees in the year
2019, and direct the City Clerk to post the list at official posting locations (Civic Center, Huntington
Central Library, and Main Street Library). Copies of the Maddy Act Local Appointments List - 2019 will
also be posted at all branch libraries and on the City's website.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
19. 18-616 Approved the appointment of Kelly Rodriguez to the position of Assistant Chief of
Police and authorized the City Manager to execute the Employment Agreement
A motion was made by Semeta, second Peterson to approve the appointment and authorize the City
Manager to execute the "Employment Agreement between the City of Huntington Beach and Kelly
Rodriguez" for the position of Assistant Chief of Police.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
20. 18-482 Approved and authorized execution of a Professional Services Contract for Workers’
Compensation Third-Party Claims Administration with AIMS (Acclamation Insurance
Management Services) in the amount of $1,340,073 as contained in the Workers’
Compensation Internal Services Fund (55131001-69410)
A motion was made by Semeta, second Peterson to approve and authorize the Mayor and City Clerk to
execute "Professional Services Contract Between the City of Huntington Beach and Acclamation
Insurance Management Services (AIMS) for Workers' Compensation Third Party Administration" for a
period of three (3) contract years; and, authorize the City Manager to execute the Contract and Related
Documents.
The motion carried by the following vote:
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AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
21. 18-483 Approved and authorized execution of a Professional Services Contract for Workers’
Compensation Program Medical Bill Review Services with Lien On Me in the amount
of $525,000, as contained in Workers’ Compensation Internal Services Fund
(55131001-69410)
A motion was made by Semeta, second Peterson to approve and authorize the Mayor and City Clerk to
execute "Professional Services Contract Between the City of Huntington Beach and Lien On Me for
Workers' Compensation Medical Bill Review Services" for a period of three (3) contract years; and,
authorize the City Manager to execute the contract and related documents.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
22. 18-484 Approved and authorized execution of a Professional Services Contract for Workers’
Compensation Program Utilization Review Services with ARISSA Cost Strategies in
the amount of $459,000, as contained in the Workers’ Compensation Internal Services
Fund (55131001-69410)
A motion was made by Semeta, second Peterson to approve and authorize the Mayor and City Clerk to
execute "Professional Services Contract Between the City of Huntington Beach and ARISSA Cost
Strategies for Utilization Review Services" for a period of three (3) contract years and authorize the City
Manager to execute the contract and related documents.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
23. 18-542 Approved and authorized execution of a three-year Professional Services Contract
with Sierra Analytic Laboratories, Inc., for Water Quality Sampling and Analyses in
the amount of $360,000
A motion was made by Semeta, second Peterson to approve and authorize the Mayor and City Clerk to
execute the "Professional Services Contract Between the City of Huntington Beach and Sierra Analytic
Laboratories, Inc. for Water Quality Sampling and Analyses" not to exceed a total of $360,000 for up to
three years. If it is mutually agreeable, the contract may be extended for up to one (1) additional year.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
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24. 18-575 Approved and authorized execution of Cooperative Agreement (No. C-8-2015) with
the Orange County Transportation Authority (OCTA) and the Cities within Orange
County for the Orange County Taxi Administration Program (OCTAP)
A motion was made by Semeta, second Peterson to authorize the City Clerk and City Manager to
execute "Cooperative Agreement No. C-8-2015 Between Orange County Transportation Authority and
the Cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain
Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel,
Laguna Woods, La Habra, Lake Forest, Mission Viejo, La Palma, Los Alamitos, Newport Beach, Orange,
Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach,
Stanton, Tustin, Villa Park, Westminster, Yorba Linda, and the County of Orange" for the administration
of the Orange County Taxi Administration Program, effective January 1, 2019, through December 31,
2020.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
25. 18-577 Approved Fiscal Year 2017-18 Annual Compliance Reports for Public Works (Planned
Local Drainage, Sanitary Sewer Facilities, and Fair Share Traffic Impact Mitigation
Fee Program), Parkland Acquisition and Park, Police Facilities, and Fire Facilities and
Library Development Impact Fees (DIF)
A motion was made by Semeta, second Peterson to approve the Annual Compliance Report,
Development Impact Fee Report for Fiscal Year Ended June 30, 2018 for Public Works (Planned Local
Drainage, Sanitary Sewer Facilities, and Fair Share Traffic Impact Mitigation Fee Program), Parkland
Acquisition and Park, Police Facilities, and Fire Facilities and Library Development Impact Fees.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
26. 18-501 Approved the November 2018 City of Huntington Beach Strategic Plan Update
Councilmember Brenden pulled this item to clarify proper dates and time frame for updates on several
items.
A motion was made by Brenden, second Delgleize to approve the November 2018 Strategic Objectives
Update as contained in Attachment 1.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
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27. 18-602 Approved authorization to appropriate, transfer and deposit one-time FY 2017/18
year-end revenue and budgetary savings of $1.0 million into the Internal Revenue
Code Section 115 Trust administered by the Public Agency Retirement Systems
(PARS) to Pre-Fund Pension Liabilities
A motion was made by Semeta, second Peterson to approve the appropriation, transfer and deposit of
$1.0 million into the Section 115 Trust from one-time FY 2017/18 year-end savings and revenue to
reduce the City's unfunded pension liabilities.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
28. 18-589 Adopted Resolution No. 2018-86 amending the Memorandum of Understanding
(MOU) between the City and the Municipal Employees’ Association (MEA), by
adopting the Side Letter of Agreement related to 2018 Holiday Closure
A motion was made by Semeta, second Peterson to adopt Resolution No. 2018-86, "A Resolution of the
City Council of the City of Huntington Beach, Amending the Memorandum of Understanding Between the
City and the Municipal Employees' Association (MEA), by Adopting the Side Letter Agreement Related to
2018 Holiday Closure;" and, authorize the City Manager to execute the Side Letter Agreement.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
29. 18-593 Adopted Resolution No. 2018-87 amending the Memorandum of Understanding
(MOU) between the City and the Management Employees’ Organization (MEO), by
adopting the Side Letter of Agreement related to 2018 Holiday Closure
A motion was made by Semeta, second Peterson to adopt Resolution No. 2018-87, "A Resolution of the
City Council of the City of Huntington Beach, Amending the Memorandum of Understanding Between the
City and the Management Employees' Organization (MEO), by Adopting the Side Letter Agreement
Related to 2018 Holiday Closure" and, authorize the City Manager to execute the Side Letter Agreement.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
30. 18-594 Adopted Resolution Nos. 2018-71, 2018-72, 2018-73, 2018-74, 2018-75, 2018-77 and
2018-78 requesting authorization by the City of Huntington Beach and approval from
the California Department of Transportation for the temporary closure of streets for
certain special events in 2019
40
A motion was made by Semeta, second Peterson to adopt Resolution No. 2018-71, "A Resolution of the
City Council of the City of Huntington Beach Authorizing Street Closure for the Fourth of July;" and,
adopt Resolution No. 2018-72, "A Resolution of the City Council of the City of Huntington Beach
Requesting Caltrans Approve the Closing of Pacific Coast Highway for the Huntington Beach Fourth of
July Parade and Fireworks;" and, adopt Resolution No. 2018-73, "A Resolution of the City Council of the
City of Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway and Certain
Ingress and Egress Within the City of Huntington Beach for the Annual Surf City 10 Run;" and, adopt
Resolution No. 2018-74, "A Resolution of the City Council of the City of Huntington Beach Approving the
Temporary Closure of Portions of Goldenwest Street, Garfield Avenue, Huntington Street, Twin Dolphin
Drive, Edwards Street, Ellis Avenue, Talbert Avenue, Seapoint Street, Inlet Drive, Overlook Drive,
Summit Drive, Varsity Drive, Main Street, Walnut Avenue, and Central Park Drive for the Surf City USA
Marathon Run;" and, adopt Resolution No. 2018-75, "A Resolution of the City Council of the City of
Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway and Certain
Ingress and Egress for the Surf City USA Marathon Run;" and, adopt Resolution No. 2018-77, "A
Resolution of the City Council of the City of Huntington Beach Approving the Temporary Closure of 12th
Street in Sunset Beach for the Annual Sunset Beach Art Festival and Halloween Party;" and, adopt
Resolution No. 2018-78, "A Resolution of the City Council of the City of Huntington Beach Authorizing
the Closing of Main Street and 5th Street to Vehicular Traffic for Certain Special Events."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
31. 18-576 Adopted Ordinance No. 4170 amending the Huntington Beach Municipal Code
(HBMC) by adding Chapter 2.65 creating the Harbor Commission
Approved for introduction as amended 11-19-2018 – Vote: 7-0
A motion was made by Semeta, second Peterson to adopt Ordinance No. 4170, "An Ordinance of the
City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 2.65
Harbor Commission."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
Mayor Peterson acknowledged newly elected Assistant Chief of Police Kelly Rodriguez. Assistant Chief
Rodriguez expressed her gratitude for the opportunity to serve as Assistant Chief, her pride at working
beside superbly trained men and women, and excitement to continue keeping the community safe.
PUBLIC HEARING
32. 18-591 Public Hearing held - adopted Resolution No. 2018-84 declaring results of majority
protest proceedings and renewing the Huntington Beach Tourism Business
Improvement District (HBTBID); and, authorized appropriation of funds
41
City Manager Wilson introduced Deputy Director of Business Development Kellee Fritzal who presented
a PowerPoint communication entitled HBTBID Public Hearing with slides titled: History of Huntington
Beach TBID, HBTBID Assessment Modification, California TID Terms, HBTBID Assessment Modification
(2), Visit Huntington Beach, and Questions.
Mayor Peterson opened the Public Hearing.
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications that were received by her office following distribution of the Council Agenda packet:
Public Hearing
Item #32 (18-591) a PowerPoint communication entitled Huntington Beach Tourism Business
Improvement District (HBTBID) Public Hearing submitted by Deputy Director of Business Development
Kellee Fritzal.
Public Hearing Speakers — 1
Kelly Miller, President and CEO of Visit Huntington Beach, was called to speak and shared some key
points which he described as positive changes in the HBTBID modifications, and stated the unanimous
support of Visit Huntington Beach. (03:22:50)
There being no more speakers, Mayor Peterson closed the Public Hearing.
Councilmembers Delgleize and Semeta expressed appreciation to Mr. Miller and his team for their
professionalism and enthusiasm, and cooperation in returning more of the fees to the City.
A motion was made by Posey, second Delgleize to conduct a Public Hearing and adopt Resolution No.
2018-84, "A Resolution of the City Council of the City of Huntington Beach Declaring Results of Majority
Protest Proceedings and Renewing the Huntington Beach Tourism Business Improvement District
(HBTBID);" and, approve a Budget Appropriation of $500,000 in FY 2018/19 for the increased 1% pass-
through in Fund 709.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
33. 18-609 Public Hearing held - adopted Resolution No. 2018-85 amending the existing
Development Impact Fee schedule to include Accessory Dwelling Units and removing
references to Development Impact Fees from the Master Fee Schedule
City Manager Wilson introduced Community Development Director Ursula Luna-Reynosa who
presented a PowerPoint communication entitled New Development Impact Fee for Accessory Dwelling
Units (ADUs), with slides entitled: What is an Impact Fee?, What is an ADU?, and Proposed ADU DIF.
Mayor Peterson opened the Public Hearing.
42
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications that were received by her office following distribution of the Council Agenda packet:
Public Hearing
Item #33 (18-609) a PowerPoint communication entitled Master Fee and Charges Schedule and other
Revenue Adjustments submitted by Chief Financial Officer Gilbert Garcia.
Public Hearing Speakers — None
There being no public speakers, Mayor Peterson closed the Public Hearing.
A motion was made by Delgleize, second Hardy to conduct a public hearing regarding the ADU
Development Impact Fees; and, adopt Resolution No. 2018-85, "A Resolution of the City Council of the
City of Huntington Beach Amending the Existing Development Impact Fee Schedule to Include
Accessory Dwelling Units and Removing References to Development Impact Fees from the Master Fee
Schedule."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ADMINISTRATIVE ITEMS
34. 18-595 Adopted Resolution No. 2018-55 amending the Fees and Charges for entrance to or
use of City Property, Fee and Charges collected by the Community Services, Finance,
Fire, Information Services, and Public Works Departments, and the Fees for
Environmental Review, all as established pursuant to Resolution Nos. 2016-59, 2017-
46, 2018-01, 2018-29 and 2018-48 which established a Consolidated Comprehensive
Citywide Master Fee and Charges Schedule (Supplemental Fee Resolution No. 7);
and, adopt Resolution No. 2018-83, an amended Uniform Bail Schedule for Parking
Violations; and, approve for introduction Ordinance No. 4148 adding Chapter 10.50 to
the Code, both relating to On-Street Parking Meter Zones and Off-Street City Parking
Lots
City Manager Wilson introduced this item by stating there was extensive presentation and discussion
during the previous Study Session.
A motion was made by Hardy, second Delgleize to, adopt Resolution No. 2018-55, "A Resolution of the
City Council of the City of Huntington Beach Amending the Fees and Charges for Entrance to or Use of
City Property, Fees and Charges Collected by the Community Services, Finance, Fire, Information
Services, and Public Works Departments, and the Fees for Environmental Review, All as Established
Pursuant to Resolution Nos. 2016-59, 2017-46, 2018-01, 2018-29 and 2018-48 Which Established A
Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee
Resolution No. 7);" and, adopt Resolution No. 2018-83, "A Resolution of the City Council of the City of
Huntington Beach Adopting An Amended Uniform Bail Schedule for Parking Violations;" and, after the
City Clerk reads by title, approve for Introduction Ordinance No. 4148, "An Ordinance of the City of
Huntington Beach Amending Huntington Beach Municipal Code Chapters 10.04, 10.52, 10.56, 10.60 and
43
10.68, and Adding Chapter 10.50 to the Code, Both Relating to On-Street Parking Meter Zones and Off-
Street City Parking Lots."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ORDINANCES FOR INTRODUCTION
35. 18-617 Approved for Introduction Ordinance No. 4169 Amending Huntington Beach
Municipal Code Chapter 3.03 Relating to Professional Services Contracts
City Attorney Gates introduced this item and reviewed the proposed changes.
Councilmember Semeta stated her support for this item and the ability to keep appropriate confidentiality.
Councilmember Carr stated her support for confidentiality until a case is settled and concluded, and
discussed with City Attorney Gates her concerns about continued confidentiality after settlement.
Attorney Gates stated the issue of continued confidentiality after settlement is directed by existing
government code, and that issue is not addressed in this item.
Assistant City Manager Lori Ann Farrell clarified the three major changes suggested by this Ordinance
that will apply to the City Attorney's Office, with checks and balances provided by Finance and the City
Manager's Office.
Councilmember Posey and Assistant City Manager Farrell discussed checks and balances for non-
competitive services.
City Attorney Gates added that this Ordinance will increase accountability of the City Attorney's Office to
the City Council.
Councilmember Hardy stated her support for this item because she believes the Council's original
concerns have been adequately addressed.
A motion was made by Semeta, second Peterson to, after the City Clerk reads by title, approve for
introduction Ordinance No. 4169, "An Ordinance of the City of Huntington Beach Amending Sections
3.03.020, 3.03.060, and 3.03.080 of Chapter 3.03 of the Huntington Beach Municipal Code Relating to
Professional Services Contracts."
The motion carried by the following vote:
AYES: Peterson, Semeta, Brenden, Carr, and Hardy
NOES: Delgleize, and Posey
COUNCILMEMBER COMMENTS (Not Agendized)
44
Councilmember Brenden shared a slide that listed all of his recent activities, and reported that he and
Councilmember Semeta met with Costa Mesa staff to discuss public cable TV options. He also reported
attending the Veteran's Resource Center Ribbon Cutting and Reception at Central Library, the HB Police
Department Promotion and Swearing-In Ceremony, helped the Elks Club pack Christmas Food and Toy
Drive boxes, and the Lions Club event at Murdy Community Center cooking green pancakes in the snow
with Santa Claus.
Councilmember Carr reported she had the opportunity to speak at a recent Sunset Beach Community
Association meeting where Outgoing President Mike Van Voorhis was honored, took a tour of the Secret
Garden at Central Library, and announced that on Saturday, January 12, 2019, 5-8 PM, the Central
Library garden fundraising event, “Keep the Garden Growing,” will be held.
Councilmember Semeta reported attending the Veteran's Resource Center Ribbon Cutting and
Reception at Central Library, Grand Opening of the Huntington Beach Jeep Dealership, Huntington
Harbor Holiday Boat Parade, Fr. Mondor and Pastor Sumo Plaque Unveiling at Tower Zero, Allied Arts
Board Holiday Party, HB Police Department Promotion and Swearing-In Ceremony, and congratulated
Officer Rodriguez on becoming the Assistant Chief of Police.
Councilmember Delgleize reported attending the Fr. Mondor and Pastor Sumo Plaque Unveiling at
Tower Zero, HB Police Department Promotion and Swearing-In Ceremony, and reminded everyone of
the Magnolia Street bridge closure for the 405 Freeway expansion and stated that further information is
available on the Orange County Transportation Authority (OCTA) website.
Mayor Peterson reported attending the Veteran's Resource Center Ribbon Cutting and Reception at
Central Library, Grand Opening of the Huntington Beach Jeep Dealership, Fr. Mondor and Pastor Sumo
Plaque Unveiling at Tower Zero, ASCON Landfill community meeting, the International Celebration of
Christmas Live Nativity Play – One Night When All Nations Come Together at Old World Village, and
helping to control boat traffic for the Huntington Harbor Holiday Boat Parade.
Recessed at 9:07 PM to Closed Session for continued discussion on Items 4 and 5.
4. 18-579 Pursuant to Government Code § 54956.9(d)(2), the City Council recessed into Closed
Session to confer with the City Attorney regarding potential litigation. Number of
cases, five (5).
5. 18-580 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed
Session to confer with the City Attorney regarding the following lawsuit: Kennedy
Commission, et al. v. City of Huntington Beach; OCSC Case No. 30-2015-00801675;
Court of Appeal Case No. E070935 (4th Dist., Div. 2).
ADJOURNMENT — 9:46 PM
The Huntington Beach City Council/Public Financing Authority regular meeting of January 7, 2019, has
been cancelled. The next regularly scheduled meeting of the Huntington Beach City Council/Public
Financing Authority is Tuesday, January 22, 2019, at 4:00 PM in the Civic Center Council Chambers,
2000 Main Street, Huntington Beach, California.
45
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF
REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
_______________________________________
City Clerk and ex-officio Clerk of the City Council
of the City of Huntington Beach, and Secretary of
the Public Financing Authority, Housing Authority,
Parking Authority and Successor Agency to the
former Redevelopment Agency of the City of
Huntington Beach, California
ATTEST:
____________________________________
City Clerk-Secretary
____________________________________
Mayor-Chair
46
City of Huntington Beach
File #:18-642 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Antonia Graham, Assistant to the City Manager
Subject:
Receive and file the Notification of a City Council Strategic Planning Session to be held on
February 7, 2019
Statement of Issue:
In 2009, the City Council began an annual strategic planning process to develop consensus on a
Mission Statement, three-year goals, and corresponding Priority Strategic Objectives. The last
Strategic Planning Session was held on February 13, 2018.
Financial Impact:
The total cost for the facilitation of the Strategic Planning Session is approximately $5,000 and is
budgeted for in the City Manager’s budget.
Recommended Action:
Receive and file the Notification of the City Council’s Strategic Planning Session scheduled for
February 7, 2019.
Alternative Action(s):
Reject the notification and direct staff accordingly.
Analysis:
At the City Council’s direction, a strategic planning process was undertaken to establish consensus
on the City’s core values and priority strategic objectives. This is an ongoing process and is a critical
component of maintaining the City in a fiscally sustainable manner. Since 2009, at each strategic
planning session, the facilitator Marilyn Snider leads the City Council in a session that reviews the
City’s strengths, weaknesses, and opportunities. Additionally, at this session the Chief Financial
Officer provides the Council with an overview of the City’s finances - both a short-term and long-term
financial picture. This overview of the City’s financial position, the Council can then prioritize future
goals and projects. At each session, the Council, City Manager, and Department Heads meet to
update the three-year goals and to come to consensus on new sixth-month strategic objectives. The
process reaffirms the City’s Mission and Core Values.
City of Huntington Beach Printed on 1/16/2019Page 1 of 2
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File #:18-642 MEETING DATE:1/22/2019
The Strategic Plan is designed to serve as a framework for the City Council and staff in the
challenging work of achieving what is important to the City Council and the community - within the
resources available. The next Strategic Planning Session is scheduled for Thursday, February 7,
2019, from 8 a.m. to 2 p.m. The meeting is open to the public and will be publicly noticed.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
Click or tap here to enter text.
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City of Huntington Beach
File #:18-640 MEETING DATE:1/22/2019
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO:Honorable Mayor Pro Tem and City Councilmembers
FROM:Erik Peterson, Mayor
DATE:January 22, 2019
Subject:
Annual Review of the City Code of Ethics
Resolution No. 2016-73 specifies that an annual review of the City Code of Ethics (Code) should
occur each year.
As stated in the Code, its purpose is “to set a standard of conduct for all elected officials, officers,
employees, and members of advisory boards, commissions, committees of the City of Huntington
Beach.” The Mayor, City Manager, Chairpersons, and City Department Directors are responsible for
accomplishing this annual review.
With this memorandum, I am formally presenting the Code of Ethics to the City Council, City
Manager, Chairpersons, and City Department Directors for their review and distribution as specified
by Resolution 2016-73. An explanation of the Code and link to Resolution No. 2016-73 can be found
on the City’s website under Transparency in Huntington Beach - HB Open.
Recommended Action:
Direct the City Clerk to record in the official minutes that the City Code of Ethics was presented to the
City Council, City Manager, Chairpersons, and City Department Directors for their review and
distribution as required by Resolution No. 2016-73.
Attachment(s):
1. Code of Ethics
2. Resolution No. 2016-73, City of Huntington Beach Code of Ethics
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City of Huntington Beach
Code of Ethics
Preamble
The citizens of the City of Huntington Beach are entitled to responsible, fair and honest city
government that operates in an atmosphere of respect and civility. Accordingly, the Huntington
Beach City Council, adopts this code to:
1. Describe the standards of behavior to which its leaders and staff aspire.
2. Provide an ongoing source of guidance to elected leaders, city officials and staff in their
day-to-day service to the city.
3. Promote and maintain a culture of ethics.
Pledge
On ________________, the City Council of the City of Huntington Beach adopted a Code of
Ethics, which applies to all City elected or appointed officials, city employees, and members
of its boards, commissions, committees, and task forces and requires the following pledge:
Code of Ethics
Responsibility
• I understand that the community expects me to serve with dignity and respect, as well
as be an agent of the democratic process.
• I avoid actions that might cause the public to question my independent judgment.
• I do not use my office or the resources of the city for personal or political gain.
• I am a prudent steward of public resources and actively consider the impact of my
decisions on the financial and social stability of the city and its citizens.
Fairness
• I promote consistency, equity and non-discrimination in public agency decision-making.
• I make decisions based on the merits of an issue, including research and facts.
• I encourage diverse public engagement in our decision-making processes and support
the public's right to know.
Respect
• I treat my fellow city officials, staff, commission members and the public with patience,
courtesy, civility, and respect, even when we disagree on what is best for the
community and its citizens.
Honesty
• I am honest with all elected officials, staff, commission members, boards, the public and
others.
• I am prepared to make decisions when necessary for the public's best interest, whether
those decisions are popular or not.
• I take responsibility for my actions, even when it is uncomfortable to do so.
50
ACKNOWLEDGEMENT PROCESS FOR THE
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
• All current elected and appointed city officials including current members
of all city boards, commissions, committees, and task forces, and all
current city employees will be given a copy of the newly adopted City Code
of Ethics following its adoption on _______________ and asked to sign an
acknowledgement form at that time.
THEREAFTER:
• All elected officials of the city will be given a copy of the City Code of
Ethics and asked to sign an acknowledgement form at the time of their
swearing in.
• All new employees of the city will be given a copy of the City Code of
Ethics and asked to sign an acknowledgement form as part of their new
employee orientation.
• Each new member of a city board, commission, committee, or task force
will be given a copy of the City Code of Ethics and asked to sign an
acknowledgement form at their first meeting.
51
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
ACKNOWLEDGEMENT OF RECEIPT FORM
Name
Title
Board/Department _
Date _
Signature _
52
RESOLUTION NO. 2016-73
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING THE
CITY'S CODE OF ETHICS
WHEREAS, on October 4, 1993, the City Council adopted Resolution No. 6524, which
established a Code of Ethics to serve as a standard of conduct for all elected officials, officers,
employees and members of advisory boards, commissions, and committees of the City of
Huntington Beach; and
On August 4, 2003, the City Council adopted Resolution No. 2003-51 amending the
Code of Ethics; and
On January 20, 2004, the City Council adopted Resolution No. 2004-2 amending the
Code of Ethics, and
On February 16, 2010, the City Council approved a revised version of the Code of Ethics
as recommended by the Intergovernmental Relations Committee,
NOW THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. That the City of Huntington Beach revised Code of Ethics, a copy of which is
attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein,
is hereby adopted and approved.
2. The City Council, City departments, and all boards, commissions, and committees
are to formally review this Code of Ethics with their members annually during the month of
January. The Mayor, City Manager and Chairpersons shall be responsible for accomplishing this
review. New members of the City Council, boards, commission, and committees and new
16-5499/146272/PD
1
53
REviEymipp APPROVED:
RESOLUTION NO: 2016-73
employees are to be provided a copy of the Code of Ethics for their review when they are elected
or appointed.
3. All elected officials, officers, employees and members of advisory boards,
commissions, and committees of the City of Huntington Beach shall sign Acknowledgment of
Receipt forms (Exhibit A). Said acknowledgments of the elected officials and members of
boards, commissions, and committees shall be maintained on file with the City Clerk. Said
acknowledgments of officers and employees shall be maintained by the Human Resources
Department.
PASSED, APPROVED and ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 21st day of November , 2016
Mayor
INITIATED AND APPROVED:
Vt>(°
A'),V
16-5499/146272/PD
2
54
Exhibit "A"
City of Huntington Beach
Code of Ethics
Preamble
The citizens of the City of Huntington Beach are entitled to responsible, fair and honest city
government that operates in an atmosphere of respect and civility. Accordingly, the Huntington
Beach City Council adopts this code to:
1. Describe the standards of behavior to which its leaders and staff aspire.
2. Provide an ongoing source of guidance to elected leaders, city officials and staff in their
day-to-day service to the city.
3. Promote and maintain a culture of ethics.
Pledge
On November 21, 2016, the City Council of the City of Huntington Beach adopted a Code of
Ethics, which applies to all City elected or appointed officials, city employees, and members of
its boards, commissions, committees, and task forces and requires the following pledge:
Code of Ethics
Responsibility
• I understand that the community expects me to serve with dignity and respect, as well
as be an agent of the democratic process.
• I avoid actions that might cause the public to question my independent judgment.
• I do not use my office or the resources of the city for personal or political gain.
• I am a prudent steward of public resources and actively consider the impact of my
decisions on the financial and social stability of the city and its citizens.
Fairness
• I promote consistency, equity and non-discrimination in public agency decision-making.
• I make decisions based on the merits of an issue, including research and facts.
• I encourage diverse public engagement in our decision-making processes and support
the public's right to know.
Respect
• I treat my fellow city officials, staff, commission members and the public with patience,
courtesy, civility, and respect, even when we disagree on what is best for the
community and its citizens.
Honesty
• I am honest with all elected officials, staff, commission members, boards, the public and
others.
• I am prepared to make decisions when necessary for the public's best interest, whether
those decisions are popular or not.
• I take responsibility for my actions, even when it is uncomfortable to do so.
55
Exhibit "A"
ACKNOWLEDGEMENT PROCESS FOR THE
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
• All current elected and appointed city officials including current members
of all city boards, commissions, committees, and task forces, and all
current city employees will be given a copy of the newly adopted City Code
of Ethics following its adoption on November 21, 2016 and asked to sign an
acknowledgement form at that time.
THEREAFTER:
• All elected officials of the city will be given a copy of the City Code of
Ethics and asked to sign an acknowledgement form at the time of their
swearing in.
• All new employees of the city will be given a copy of the City Code of
Ethics and asked to sign an acknowledgement form as part of their new
employee orientation.
• Each new member of a city board, commission, committee, or task force
will be given a copy of the City Code of Ethics and asked to sign an
acknowledgement form at their first meeting.
• Acknowledgment of Receipt forms for elected officials and members of
boards, committees and commissions shall be maintained on file with the
City Clerk. Said acknowledgments for officers and employees shall be
maintained on file with the Department of Human Resources.
56
Exhibit "A"
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
ACKNOWLEDGMENT OF RECEIPT FORM
Name:
(Please type or print first and last name)
Title:
Board/
Department:
Signature:
Date:
1
la 57
Res. No. 2016-73
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly appointed, 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 November 21, 2016 by the
following vote:
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
RECUSE: None
9-6i-esduatit)
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
58
City of Huntington Beach
File #:19-095 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Robin Estanislau, CMC, City Clerk
PREPARED BY:Robin Estanislau, CMC, City Clerk
Subject:
Approve revision to the Maddy Act Local Appointments List - 2019, to include the addition of
newly established Harbor and Jet Noise commissions adopted by the City Council in late 2018
Statement of Issue:
There is a need to revise the Maddy Act Local Appointments List - 2019 (terms on City boards,
commission, and committees which expire 2019) to include the addition of the Jet Noise Commission
adopted by Council on November 19, 2018, and the Harbor Commission adopted by Council on
December 17, 2018. The information included in the Appointments List informs the public of the
purpose of the commission(s), necessary qualifications for appointment, when the commission(s)
meet, and its scheduled vacancies during 2019.
Financial Impact:
Not applicable.
Recommended Action:
Approve the Maddy Act Local Appointments List - 2019 (Revised) to include the addition of the Jet
Noise Commission adopted by Council on November 19, 2018, and the Harbor Commission adopted
by Council on December 17, 2018; and, direct the City Clerk to post the revised list at official posting
locations (Civic Center, Huntington Central Library, and Main Street Library). Copies of the Maddy
Act Local Appointments List - 2019 (Revised) will also be posted at all branch libraries and on the
City’s website.
Alternative Action(s):
None.
Analysis:
A request to receive and file the Maddy Act Local Appointments List - 2019 (terms on City boards,
commissions, and committees which expire in 2019), was approved by the City Council on December
17, 2018. The Council has since established the Jet Noise Commission, and the Harbor
Commission, and information related to these two bodies should be added to the Appointments List
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File #:19-095 MEETING DATE:1/22/2019
so that members of the public can become informed of the purpose of the commission(s), necessary
qualifications for appointment, when the commission(s) meet, and its scheduled vacancies.
Whenever an unscheduled vacancy occurs in any board, commission or committee for which the
legislative body has the appointing power, whether due to resignation, death, termination or other
causes, a special Notice of Vacancy (NOV) shall be posted in the Office of the City Clerk of the local
agency, and in other places as directed by the legislative body not earlier than 20 days before , or not
later than 20 days after, the vacancy occurs. Final appointment to the board, commission or
committee shall not be made by the legislative body for at least 10 working days after the posting of
the Notice of Vacancy.
If Council finds that an emergency exists, it may fill an unscheduled vacancy immediately provided
that the person appointed shall serve only on an acting basis until a final appointment is made.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Maddy Act Local Appointments List - 2019 (Revised)
City of Huntington Beach Printed on 1/16/2019Page 2 of 2
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City of Huntington Beach
MADDY ACT
LOCAL APPOINTMENTS LIST – 2019
**Revised**
Opportunity for Public Service on
City Boards and Commissions
CITY BOARDS, COMMISSIONS AND COMMITTEES TERMS
WHICH HAVE EXPIRATION DATES OCCURING IN CALENDAR YEAR 2019
This list is prepared to inform members of the community of opportunities to serve on City boards
and commissions and to invite applications from interested parties.
Please note that the following information pertains to openings that will be available in 2019
because of expiration of members’ terms. Very often during the year there will be openings on
boards, commissions and committees because members resign. These openings are posted
separately at the Civic Center and Huntington Central Library, and are listed on the city’s website
at:http://www.surfcity-hb.org/Government/boards_commissions/notice_of_vacancies.cfm.
ROBIN ESTANISLAU, CITY CLERK
Office of the City Clerk
2000 Main Street, 2nd Floor
714-536-5227
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MADDY ACT LOCAL APPOINTMENTS LIST - 2019
(Chapter 10, Section 54970, Part 1, Division 2, Title 5 of the Government Code)
The following information provides notification of membership terms on City boards, commissions
and committees due to expire in 2019:
ALLIED ARTS BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Celeste Hamil 07/15 06/19
Kara Rudin 07/15 06/19
Matt Rudin 07/15 06/19
Catherine Stip 07/15 06/19
ALLIED ARTS BOARD coordinates programs related to the arts within the City providing
recommendations to the City Council on development of the arts and other cultural activities for
the City. It is a nine-member board that meets at 6:00 PM on the 4th Wednesday, every other
month in February, April, June, August, October and December. Meetings are held at the Civic
Center, 2000 Main St. Huntington Beach, CA 92648, Rm B-7. Staff support is provided through
the Community Services Department/Art Center at (714) 374-1663.
Necessary Requirements: City resident 30 days prior to appointment; 18 years of age and
interested in guiding, encouraging and promoting cultural activities in the City.
CHILDREN’S NEEDS TASK FORCE
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Dr. Joslin de Diego 09/17 08/19
Meagan Kensey 09/15 08/19
Dr. Phyllis Lembke 09/15 08/19
Tiffanie Lin 09/17 06/19
Domnique Sardinas 09/17 06/19
Chana Wanock 09/17 08/19
CHILDREN’S NEEDS TASK FORCE develops and implements plans for youth and children
that will ensure the best possible environment for raising children to become successful
members of our community. The Task Force meets the fourth Thursday every other month at
4:00 p.m. in Room B-8 of the Civic Center. Staff support is provided through the Community
Services Department at (714) 374-1583.
Necessary Requirements: Residents or work within the City. Task Force members are
recommended by the City Council liaisons.
Members and Appointments: The Children’s Needs Task Force is made up of thirteen (13)
members and shall consist of a minimum of one student representative and not more than one-
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third of the 13 member total allowable membership. Adult members serve a 4-year term up to
two terms. Student members serve a 1-year term up to four terms.
CITIZENS INFRASTRUCTURE ADVISORY BOARD
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
The Charter directs that the City Council establish a CITIZENS INFRASTRUCTURE
ADVISORY BOARD (CIAB) for the oversight of infrastructure. In 2002, the Public Works
Commission became the auditing body. In 2015, an Ordinance was created to establish the
CIAB as required by Charter section 617. Staff support is provided by the Public Works
Department at (714) 375-5070.
Members and Appointments:The CIAB shall be comprised of seven members, to be directly
appointed by members of the City Council.
Note: Appointments to this board must file California Form 700 - "Statement of Economic
Interests."
Necessary Requirements: The Board shall act in an advisory capacity to the City council in
matters pertaining to infrastructure. The Board should meet monthly in the quarter prior to
release of the annual budget.
CITIZENS PARTICIPATION ADVISORY BOARD
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
CITIZEN PARTICIPATION ADVISORY BOARD (CPAB)makes recommendations to the City
Council on eligible activities for the Community Development Block Grant (CDBG) program and
other Housing and Urban Development (HUD) programs annually. Meetings are held on the 1st
Thursday of the month beginning at 6:00 p.m. in Room B-8 of the Civic Center; additional
meetings may be required depending on the number of grant applications received or as other
issues arise. Staff support is provided by the Office of Business Development at (714) 536-5470.
Members and Appointments: CPAB includes seven, individual appointments by the City
Council.
Necessary Requirements: As an advisory board of seven Council-appointed citizens,
members shall have an interest in providing citizen participation and coordination in the City’s
planning processes for the City’s Housing and Urban Development (HUD) programs. Members
shall have an interest in assessing the needs of the community, particularly that of low and
moderate income households, evaluate and prioritize projects pertaining to the required plans,
and provide recommendations to the City Council. Low-income and disadvantaged persons are
encouraged to apply.
COMMUNITY SERVICES COMMISSION
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
COMMUNITY SERVICES COMMISSION reviews and provides recommendations relating to
the city’s parks, beaches, and recreational facilities. The Commission meets the 2
nd
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Wednesday of each month at 6:00 p.m. in the Council Chambers. Staff support is provided by
the Community Services Department at (714) 536-5434.
Necessary Requirements: City resident, interested in recreational programming and
development of parks.
Members and appointments: The Commission consists of 13 members - seven direct
appointments by individual Council Members to serve a consecutive 4-year term; six direct
school-district appointments to a one-year term. Each elementary, high school and public
community college district having facilities within the City may recommend to the Council, on or
before the third Monday in June of each year, two or more persons, residents of the City of
Huntington Beach, to represent their district. One of said persons shall be appointed by the
Council for a one-year term which will terminate on July 1 the following year. In the event that
any district shall not make such recommendations to the Council by the first day of July, then
the Council may appoint some qualified person to a one-year term to represent such school
district on the Commission.
DESIGN REVIEW BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
There are no Design Review Board member appointees whose term will expire in 2019
The DESIGN REVIEW BOARD reviews design, colors and materials for projects located within
Specific Plan Areas, and areas designated by City Council, City facilities or projects abutting or
adjoining City facilities, projects in or abutting or adjoining OS-PR and OS-S districts, and
General Plan primary and secondary entry nodes. This process ensures that the aesthetic
values of the adopted Urban Design Guidelines are implemented through high quality
architectural style, superior landscaping and compatibility of design with surrounding properties.
The Design Review Board assists the Community Development Director, Zoning Administrator,
and Planning Commission in reviewing development plans and architectural drawings within
designated geographic areas of the City. The Board makes recommendations to the
Community Development Director, Zoning Administrator, and Planning Commission and may
impose conditions or modifications on projects reviewed. The Board meets on the second
Thursday of each month at 3:30 P.M. in Room B-8 located at the Lower Level of City Hall. Staff
support is provided through the Community Development Department at (714) 536-5271.
Note: Appointments to this board must file California Form 700 - "Statement of Economic
Interests."
Necessary Requirements: City resident, at least 18 years of age and interested in guiding,
encouraging and promoting the maintenance of harmonious, compatible, attractive and
aesthetic developments within special and unique areas of the City. Members must have
training, education or work experience in design-related fields including, but not limited to,
architecture, landscaping, art, urban/environmental design and aesthetics.
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ENVIRONMENTAL BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Michael Bourgeault 06/15 06/19
Diana Dehm 03/18 06/19
Ana Rudolf 06/15 06/19
Mark Sheldon 06/15 06/19
Shawn Thompson 04/16 06/19
Debbie Killey 06/15 06/19
Tony Soriano 06/15 06/19
ENVIRONMENTAL BOARD studies and reports on issues related to the environment of the
City of Huntington Beach and investigate all actual and potential threats to a clean environment
for the city and its inhabitants. It is made up of nine members who meet on the 3
rd Wednesday
of each month at 6:00 p.m. at the Central Library, Room B. Staff support is provided through
the City Manager’s Office at (714) 536-5265.
Necessary Requirements: City resident and preferably the following: 1) A general interest in
the environment and protecting its quality; 2) An interest in local government and becoming
involved in its operation; 3) Preferably a specific interest in the activities of the Environmental
Board which relate to (a) long range local and regional planning, (b) state and federal
environmental legislation and its impact upon the community, (c) energy conservation, and (d)
solid waste disposal.
FINANCE COMMISSION
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
FINANCE COMMISSION acts in an advisory capacity to the City Council in matters pertaining
to financial planning.
The Finance Commission consists of seven members individually appointed by a member of the
City Council, and serves a concurrent Council term.
The Finance Commission holds regular monthly meetings on the fourth Wednesday of each
month at 5:00 PM in Room B-7 of City Hall. All meetings are open to the public and special
meetings may be called in conformance with the Ralph M. Brown Act. In the event a member
retires or is unable to complete his term, an appointment shall be made to fill the remainder of the
unexpired term. Staff support is provided through the Finance Department at (714) 536-5630.
Note: Appointments to this board must file California Form 700 - "Statement of Economic
Interests."
Necessary Requirements: City resident of the City of Huntington Beach. Commissioners are
appointed by Council.
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FOURTH OF JULY EXECUTIVE BOARD
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
FOURTH OF JULY EXECUTIVE BOARD is responsible for the fundraising, coordination and
presentation of the City's annual Fourth of July Celebration, including a parade, fireworks, 5K run
and related entertainment. The board meets monthly on the 1st Wednesday at 6:00 pm year-
round, with two meetings in May and weekly or as-needed meetings in June. The meetings are
held in B-8 on the Lower Level of the Civic Center, 2000 Main Street. Appointments are made on
an as-needed basis. Staff support is provided through the Community Services Department at
(714) 374-5312.
Necessary Requirements: Resident of the City of Huntington Beach.
HARBOR COMMISSION
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
To be determined – no term expirations in 2019
HARBOR COMMISSION shall act in an advisory capacity to the City Council on matters pertaining
to the Huntington Beach harbor its beaches, facilities, and parks. The Board is made up of seven
(7) members. The Board meets as needed on the 4th Thursday of each month at 5:00 P.M. at City
Hall, Room B-7 (lower level). Staff support is provided by the Community Services Department at
(714) 536-5292.
Necessary Requirements: Resident of the City of Huntington Beach. Commissioners are
appointed by Council.
HISTORIC RESOURCES BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Susan Nguyen 07/15 06/19
Joe Santiago 07/15 06/19
David Wentworth, Sr.07/15 06/19
HISTORIC RESOURCES BOARD provides information to the City Council pertinent to the
conservation and preservation of the City’s historic resources. The Board is made up of 9
members. The Board meets as needed on the 3
rd Wednesday of each month at 5:00 P.M. at City
Hall, Room B-7 (lower level). Staff support is provided by the Community Development
Department at (714) 536-5271.
Necessary Requirements: City resident and preferably the following: 1) A general interest in
local history; and, 2) An interest in becoming involved in local government.
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HUMAN RELATIONS TASK FORCE
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Angie Dahman 09/13 12/19
Michelle Gale-Nelson 04/16 12/19
Linda MacDonell 01/12 12/19
Natalie Moser 02/17 12/19
Vashia Rhone 12/17 12/19
HUMAN RELATIONS TASK FORCE was initially formed by the City Council in February 1997.
The mission of the Task Force is to promote and celebrate the diversity of our community through
education and understanding. In order to achieve these goals, the Task Force sponsors
community events through the year and serves as a resource to the community in promoting
human dignity and cooperation.
The Task Force is comprised of nine members. The Human Relations Task Force meets on the
1st Tuesday of each month at 6:45 p.m. at the Central Library, Room B. Staff support is provided
by the Huntington Beach Police Department at (714) 536-5903.
Necessary Requirements: Interested in promoting cultural diversity efforts within the
community. Fundraising and public information work experience is beneficial.
INVESTMENT ADVISORY BOARD
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
INVESTMENT ADVISORY BOARD currently consists of seven members. Each City Council
Member shall appoint one member of the Board to serve the same term as the City Council
Member.
The purpose of the Board is to act in an advisory capacity to the City Treasurer and the City
Council in matters pertaining to the financial planning and the City's investments as per
Municipal Code Chapter 2.109.
The IAB meets on a quarterly basis (January, April, July, October) on the third Thursday of the
month at 6:30 PM in Room B-7 of the Huntington Beach Civic Center.
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. Staff support is provided by the City
Treasurer’s Department at (714) 536-5200.
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JET NOISE COMMISSION
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
To be determined – no term expirations in 2019
JET NOISE COMMISSION (JNC) was formed to monitor issues related to jet noise from
commercial aviation traffic flying over the City, to act as an advisory body to the Council on matters
pertaining to jet noise from commercial aviation traffic over the City, and to engage with
neighboring cities, regulatory bodies, airlines, and staff regarding the impact of air traffic activities
on the quality of life in Huntington Beach.
The Commission shall consist of seven at-large members recommended by two Council liaisons,
and appointed by a majority of the City Council. The Commission shall meet at such time and
place as fixed by resolution. Staff support is provided by City Manager’s Office at (714) 536-5537.
Necessary Requirements: Members shall hold no paid office or employment in the City
government while serving on the JNC.
LIBRARY BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Sherrie Daugherty 07/15 06/19
Richard Moore 07/15 06/19
Faith Vogel 07/15 06/19
LIBRARY BOARD makes recommendations to the City Council on matters related to the City’s
libraries and library services in areas as deemed necessary by the City Council. It is a seven-
member board that meets on the 3rd Tuesday of each month at 5:00 p.m. in the Central Library
Administrative Conference Room. Staff support is provided by the Library Services Department
at (714) 960-8836.
Necessary Requirements: City resident 30 days prior to appointment and 18 years of age with
an interest in the operation and conduct of city libraries.
MOBILE HOME ADVISORY BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
There are no Mobile Home Advisory Board member appointees whose term will expire in 2019
MOBILE HOME ADVISORY BOARD ensures the quality of life in mobile home parks and
reviews matters concerning mobile home parks in the City of Huntington Beach through healthy
communication with park owners, manufactured home owners, and the City Council. Nine
members, three each as follows: Park representatives, Resident/Owner representatives, and
citizens at-large who have no affiliation or relationship with mobile home parks. They meet
quarterly at 6:00 p.m. on the 4th Monday of the month in January, April, July, and October at a
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City Hall (see Agenda for location changes) with special meetings scheduled as needed. Staff
support is provided by the Office of Business Development at (714) 536-5470.
Necessary Requirements:The board consists of nine members: three Huntington Beach
mobile home park owners; three Huntington Beach mobile home resident owners; and, three
Huntington Beach independent citizens at-large who have no affiliation or relationship with
mobile home parks.
PERSONNEL COMMISSION
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Katherine Elford 07/01/2017 06/30/2019
Phillis Lane 07/01/2017 06/30/2019
PERSONNEL COMMISSION acts in an advisory capacity to the City Council and City Manager
on personnel administration, hears appeals on grievance matters and appeals from decisions
related to the employer-employee relations resolution, reviews impasse matters, and performs
other personnel duties and functions as may be requested by the City Council or prescribed by
ordinance or resolution. There are five commission members and meetings take place at 5:30
p.m. on the 3rd Wednesday of each month in Room B-8 of the Civic Center. Staff support is
provided by the Human Resources Department at (714) 960-8828.
Necessary Requirements: City resident for 30 days prior to appointment. Desirable
qualifications are education and work experience in private or public personnel administration.
PLANNING COMMISSION
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Members and Appointments: The PLANNING COMMISSION includes seven members who
are appointed by the City Council members. Each City Council member appoints one
commissioner to this quasi-judicial body that is empowered by State law and the City Council.
Meeting Times and Dates: The Planning Commission meets on the second and fourth
Tuesday of each month at 7:00 p.m. in the Council Chambers. Study sessions are frequently
held at 5:15 p.m. prior to the meeting in Council Chambers. Agendas are available to the public
the Thursday prior to the meeting.
Note: Appointments to this board must file California Form 700 - "Statement of Economic
Interests."
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. Staff support is provided by the
Community Development Department at (714) 536-5276.
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PUBLIC WORKS COMMISSION
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Members and Appointments: The PUBLIC WORKS COMMISSION consists of seven (7)
members who are residents of the City of Huntington Beach. Each City Councilmember
appoints a member of the Commission to a term that coincides with the City Councilmember's
term. No member may have interest in any contract with the city either during his or her terms or
for a period of one year after cessation of Commission service. All members serve without
compensation, may hold no other office or employment in city government and no other
employment that is incompatible with Commission service.
Meeting Times and Dates: The Public Works Commission holds regular monthly meetings, on
the third Wednesday of each month at 5:00 PM at the Utilities Yard located on 19021
Huntington Street. All meetings are open to the public and special meetings may be called in
conformance with the Ralph M. Brown Act.
Vacancies: In the event a member retires or is unable to compete his term, an appointment
shall be made to fill the remainder of the unexpired term. Staff support is provided by the Public
Works Department at (714) 375-5055.
YOUTH BOARD
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
REPRESENTATIVES:
Devin Hughes – EHS 06/01/18 05/31/19
Ella Thomas –HBHS 06/01/18 05/31/19
Tatum Osborne – MHS 06/01/18 05/31/19
Natalie Blazquez – OVHS 06/01/18 05/31/19
AT LARGE MEMBERS:
Trinon Carter – EHS 06/01/18 05/31/19
Samuel Dater –EHS 06/01/18 05/31/19
Amy Zeng – HBHS 06/01/18 05/31/19
Nikki Nadler – MHS 06/01/18 05/31/19
Emma Fisher – OVHS 06/01/18 05/31/19
YOUTH BOARD is a voluntary advisory board to the City Council regarding youth achievement,
problems, and needs. The board represents, involves, and promotes youth participation in
community affairs. The board meets on the 2nd Monday of each month at 3:30 p.m. public
meeting rooms. Note: A separate application is required for review by the City Council
Liaisons. Staff support is provided by the Community Services Department at (714) 374-5312.
Necessary Requirements: All members shall be enrolled in high school and shall be residents
of this city during their service on the board. The Youth Board was formed to promote Council,
city staff and public understanding of the achievements, problems and needs of the city's young
people and under Council direction, to enable young people to participate in various city
activities and make recommendations to the Council, and further to promote and encourage
increased interest and participation among young people in community affairs.
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City of Huntington Beach
File #:18-582 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Antonia Graham, Assistant to the City Manager
Subject:
Approve the December 2018 City of Huntington Beach Strategic Plan Update
Statement of Issue:
The City Council held a Strategic Planning Retreat on February 13, 2018, in which the City Council
developed 25 Strategic Objectives based on five (5) Strategic Plan Goals. The Strategic Objectives
were reviewed in a public meeting and through consensus by the City Council Members present,
were compiled into a draft Strategic Objectives Grid. The Strategic Objectives were brought forth to
the City Council for approval on March 19, 2018.
Financial Impact:
Not applicable. Individual Strategic Objectives which have a budgetary impact will be considered
separately.
Recommended Action:
Approve the December 2018 Strategic Objectives Update as contained within
Attachment 1.
Alternative Action(s):
Amend or reject the Strategic Objectives Update and direct staff accordingly.
Analysis:
In 2009, the City Council began an annual strategic planning process to develop consensus on a
Mission Statement, Three-Year Goals, and corresponding Priority Strategic Objectives. This process
is ongoing and is a critical component of maintaining the City in a fiscally sustainable manner. In
fulfilling this process, the City Council met on February 13, 2018, to review and update the Three-
Year Goals and their Priority Strategic Objectives.
The Three-Year Goals are organized into five categories as follows:
- Improve quality of life
- Enhance and maintain infrastructure
- Strengthen economic and financial sustainability
- Enhance and maintain public safety
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File #:18-582 MEETING DATE:1/22/2019
- Enhance and maintain city service delivery
Each of these categories includes a list of Six-Month Strategic Objectives. The Strategic Objectives
contained in the matrix all gained consensus at the Strategic Planning Retreat. Additionally, the
Strategic Objectives were brought forth to City Council on March 19, 2018, where they were
approved in their entirety. The attached Strategic Objectives Matrix contains a status and comments
column that are updated to reflect the most recent activity on each item that was identified at the
Council Strategic Planning Session. The status is reported to the City Council on a monthly basis.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Improve quality of life
Enhance quality of life
Strengthen economic and financial sustainability
Enhance and maintain public safety
Enhance and maintain City service delivery
Attachment(s):
1. City of Huntington Beach Strategic Objectives - December 2018 Update .
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A
C I T Y O F H U N T I N G T O N B E A C H
S T R A T E G I C O B J E C T I V E S
(February 13, 2018 – January 1, 2019)
JULY 2018 CITY COUNCIL UPDATE
THREE-YEAR GOAL:IMPROVE QUALITY OF LIFE
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
By June 1, 2018 Chief Information
Officer (lead), City
Attorney and
Councilmember Jill
Hardy
Implement a website interface for the community to file nuisance
complaints that is more visible and prominent to the public.
X
The new “contact us” page was
implemented on 6/12/2018 and
the My HB app replaced
Pipeline on July 17. The new
My HB App and website
interface was presented to CC
at the August 20 meeting.
2.
By September 1,
2018
Feb. 1, 2019.
City Attorney (lead),
and Councilmembers
Erik Peterson, Jill
Hardy and Lyn
Semeta
Propose amendments to the City Council for action that strengthen
the Neighborhood Nuisance Ordinances.
X Request for update on this item
was sent on Jan. 4, 2019.
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B
THREE-YEAR GOAL:ENHANCE AND MAINTAIN INFRASTRUCTURE
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
By June 1, 2018 Assistant City Manager
(lead), Police Chief and
Public Works Director
Complete a needs assessment and financing of Police Department
Facilities and provide recommendations for improvement to the City
Council for action.
X
The Police, Public Works, and
Finance Departments made a
presentation to the City
Council on July 16, 2018
regarding the PD
Headquarters proposed
modernization, estimated costs
and potential financing options.
The City is currently procuring
a Project Program
Management firm.
2.
By June 1, 2018 Public Works Director
and Community Services
Director, working with the
Central Park Committee
and Community Services
Commission
Prioritize park maintenance needs and improvements and present to
the City Council for consideration.
X
On May 21, 2018, the FY
2018/19 Proposed Budget
Capital Improvement Plan
(CIP) was presented to the
City Council, including park
improvement projects to be
financed next year.
3.
By June 1, 2018
January 2019
Community Services
Director and Public
Works Director, with
input from the
Community Services
Commission
Complete an assessment of park playground equipment and
playground surfacing and recommend priorities to the City Council for
consideration.
X
The Park Playground
Equipment replacement list
was approved by City Council
at the November 19 City
Council Meeting.
4.
By October 1,
2018
Chief Information Officer
(CIO) and Public Works
Director
Perform and assessment of all technology needs and current
technology programs used to support infrastructure assets to prepare
for development of a Comprehensive Asset Management System. X
Report was completed in
November. CIO and PW
Director will make
recommendations to the City
Manager by 12/30/2018.
5.
By December 15,
2018
By Feb. 28, 2019
Public Works Director
and Assistant City
Manager, with input from
the Department Directors
Assess City facility deficiencies and provide recommendations for
improvement to the City Council for action.
X
Public Works is updating the
Facility needs assessment and
will discuss with City
Departments During the FY
2019/20 Capital Improvement
Program Budget Process
74
C
6.
By January 1,
2019
By February 28,
2019
Public Works Director
and CIO
Perform a power and electricity needs assessment for City facilities
and report results with recommendations to the City Manager.
X
PW and IS staff met to finalize
a list of high priority facilities in
October. PW will coordinate a
meeting with staff from various
departments to identify needs.
75
D
THREE-YEAR GOAL:STRENGTHEN ECONOMIC AND FINANCIAL SUSTAINABILITY
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
By August 6, 2018 Assistant City Manager
(lead), CFO, and
Deputy Director of
Business Development
Conduct a City Council Study Session on budget balancing
options, including looking at current revenue sources, potential
new revenue options and sale of surplus property.
X
Presented at 5/7/18 Study
Session. The Finance
Commission met on 7/25/18 and
presented their
recommendations at the City
Council Study Session on
8/6/18. A Request for Council
Action will be presented on
December 17, 2018, with
revenue enhancing measures
pursuant to City Council
direction.
2.
By August 1, 2018
February 28, 2019
Public Works Director
and CFO
Recommend options for the commercial refuse franchise fee.X Under consideration as part of
the franchise renewal
negotiation.
3.
By November 15,
2018
By January 31, 2019
Assistant City Manager
and CFO
Conduct a cost-benefit analysis of the City’s programs and
services and recommend to the City Council for action
adjustments to assist with balancing the budget.
X
ACM and CFO are finalizing the
format and methodology for this
review and will utilize starting in
January 2019 as part of the
Fiscal Year 2019/20 Budget
development process for the
fiscal year starting July 1, 2019.
4.
By January 1, 2019 HR Director and CFO Identify funding to enhance the funded status of the City’s
Workers Comp Plan.
X
A Request for Council Action
was completed at the October
15, 2018, City Council meeting
to perform the year-end
adjustment to the Fund to
maintain the Fund’s current
status of 50% and ensure no
erosion.
5.
By January 1, 2019 Community
Development Director
Bring to the City Council for action the implementation of the
Research and Technology Section of the Zoning Code.
X
Stakeholder meetings were
conducted in July and August
and RT property owner outreach
currently underway. Study
Session target January 2019.
76
E
THREE-YEAR GOAL:ENHANCE AND MAINTAIN PUBLIC SAFETY
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
On or before July
1, 2018 and
December 1, 2018
Police Chief Provide an update to the City Council on the implementation of
Management Partners’ recommendations.
X
The Police Chief made a
presentation regarding the
implementation of the study’s
recommendations to City
Council on September 4, 2018.
2.
By July 1, 2018 Police Chief and
CFO
Present to the City Council for consideration revenue opportunities
to increase funding for police staffing.
X
Options to enhance General
Fund revenue in order to
improve infrastructure,
increase staffing (including
police officers) and address
rising labor costs were
presented to the City Council
at the May 7, 2018, Study
Session.
3.
By September 1,
2018
Feb. 1, 2019
Fire Chief and CFO Present the findings of the Peak Load Staffing for Emergency
Transport Services Pilot Program and make a recommendation,
including financial impact, to the City Manager.
X
Date revision.
4.
By September 1,
2018
Fire Chief and CIO Present to the City Council for consideration a third party Fire
Safety Inspection Reporting System to assist the business
community with web-based reporting.
X
RFP was created and the
vendor/system was selected.
The data export required by
the vendor was completed
8/30/18. The implementation
work has been completed.
5.
By September 1,
2018
March 1, 2019
Police Chief and
CIO
Complete the RFP process and recommend a contract to the City
Council for consideration for a new Computer Aided Dispatch
System and a Records Management System.
X
RFP was completed and
posted on October 15. Vendor
selection to be completed in
2019.
77
F
6.
By September 1,
2018
Assistant City
Manager, Police
Chief and Deputy
Director of Economic
Development,
working with the ad
hoc Council
Committee on
Homelessness
Present to the City Council for consideration a Comprehensive Plan
to Address Homelessness.
X
A comprehensive plan to
address homelessness in
Huntington Beach was
presented to the City Council
in March 2018. Community
outreach meetings are taking
place alongside working with
the Council Subcommittee on
Homelessness, the County of
Orange, the ACC-OC and
other Central Service Planning
Area cities regarding our Plan,
as well as potential and future
partnerships to better address
this complex issue
7.
By January 1,
2019
March 1, 2019
Fire Chief and CIO Conduct a needs assessment of the Fire Department’s Computer
Aided Dispatch System and Records Management System and
make recommendations for system integration to the City Manager.
X
NextLevel provided a proposal
for performing a technology
needs assessment for the Fire
Department in September. IS
and Fire staff will discuss a
plan of action at the December
IS/Fire monthly meeting on
12/20.
8.
By July 1, 2018
January 31, 2019
Fire Chief and
Assistant City
Manager
Conduct a City Council Study Session on optimizing staffing during
peak and non-peak times.
X Currently under review.
78
G
THREE-YEAR GOAL:ENHANCE AND MAINTAIN CITY SERVICE DELIVERY
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
By July 1, 2018
August 15, 2018
ACM and CIO Provide to the City Council an update regarding the implementation of
an Enterprise Land Management (ELM) system.
X Final memo and presentation
was sent to CC on Tuesday,
August 21, 2018.
2.
By December 31,
2018
Library Services
Director (lead),
CFO and CIO
Implement a system to enable library cardholders to pay fees and fines
online.
X
The Library’s Horizon Integrated
Library system was upgraded
on December 5. The
eCommerce module was part of
this upgrade.
3.
By November 1,
2018
PIO (lead), CIO,
City Attorney and
Assistant City
Manager
Create and present to the City Manager a citywide social media plan
for promoting City services, events and operations.X The Social Media AR 508 was
signed off and approved in
October.
4.
By January 1,
2019
March 1, 2019
City Manager and
CIO
Develop and present a plan to the City Council for action to improve
connectivity via broadband to downtown City facilities.
X Will review the plan with the
City Manager by 12/20 or will be
further considered in light of the
FY 2019/20 proposed budget
and the discussions regarding
the City’s membership in PCTA.
79
City of Huntington Beach
File #:18-644 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Ursula Luna-Reynosa, Director of Community Development
Subject:
Approve the appointment of Amory Hanson and Mark Zambrano to the Historic Resources
Board (HRB) with terms to expire July 2022 as recommended by City Council liaisons Mayor
Erik Peterson and Mayor Pro Tempore Lyn Semeta
Statement of Issue:
Transmitted for City Council consideration are the appointment of Amory Hanson and Mark
Zambrano to inaugural terms on the Historic Resources Board as recommended by the City Council
liaisons to the Board, Mayor Peterson and Mayor Pro-tem Semeta.
Financial Impact:
Not applicable.
Recommended Action:
Approve the appointment of Amory Hanson and Mark Zambrano to the Historic Resources Board, as
recommended by City Council liaisons to the Board, Mayor Peterson and Mayor Pro-tem Semeta,
with terms to expire July 1, 2022.
Alternative Action(s):
A) Deny the appointment of Amory Hanson and Mark Zambrano to inaugural terms on the Historic
Resources Board and direct staff accordingly.
B) Continue the recommended action and direct staff accordingly.
Analysis:
The purpose of the Historic Resources Board (HRB) is to encourage and promote programs and
activities that enhance public awareness of the City’s historic resources. The HRB acts as an
advisory board to the City Council, as well as a liaison to the Council for local, state, and federal
groups and agencies whose interest involves historic issues. The HRB advises on issues pertaining
to the preservation of historic commercial and residential structures and sites. It also cooperates with
the Planning Commission and the Community Services Commission to ensure that historic
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preservation and services are considered in the planning for future development in the community.
Based on Chapter 2.107.010 of the Huntington Beach Municipal Code, the Board shall consist of not
less than seven nor more than nine members, to be appointed to serve terms of four years. In 2017,
the City council approved the reappointment of Kathie Schey, Ronald Knowles, and Duane
Wentworth to the HRB for terms to expire July 1, 2021. Those reappointments resulted in the current
roster of six HRB members and one vacancy below mandate. The proposed appointments of Amory
Hanson and Mark Zambrano would bring the roster of active HRB members from six to eight.
Environmental Status:
The item is not subject to the California Environmental Quality Act pursuant to Section 15060(c)(2)(3)
as it will not result in any direct or reasonably foreseeable indirect physical changes in the
environment and is not a project as defined in Section 15378 of the CEQA Guidelines. Pursuant to
Section 15378(b)(5), projects do not include organizational or administrative activities of governments
that will not result in direct or indirect physical changes in the environment.
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. Historic Resources Board Roster - January 2019
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HISTORIC RESOURCES BOARD
JANUARY 2019
KATHIE SCHEY, CHAIR
Term: 7/1/17 – 7/1/21 (3rd Term)
RONALD KNOWLES
Term: 7/1/17 – 7/1/21 (2nd Term)
SUSAN NGUYEN
Term: 7/1/15 – 6/30/19 (1st Term)
JOE SANTIAGO
Term: 7/1/15 – 6/30/19 (4th Term)
DUANE WENTWORTH
Term: 7/1/17 – 7/1/21 (2nd Term)
DAVID WENTWORTH, SR.
Term: 7/1/15 – 6/30/19 (2nd Term)
COUNCIL LIAISONS:
Lyn Semeta, Erik Peterson
INTERIM STAFF LIAISON:
Hayden Beckman, Community Development Department – 714-536-5271
82
City of Huntington Beach
File #:19-003 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Antonia Graham, Assistant to the City Manager
Subject:
Approve and authorize the City of Huntington Beach to give a six (6) month prior written
Notice of Intent to Terminate from the Public Cable Television Authority
Statement of Issue:
At the December 17, 2018, Study Session staff presented a transition and exit plan for the City of
Huntington Beach to withdraw from the Public Cable Television Authority (PCTA). At this Study
Session, staff was directed to begin the exit process from PCTA. This Council Action is necessary to
provide a six month prior written Notice of Intent to Terminate from PCTA pursuant to Section 4 of the
Joint Powers Agreement for PCTA.
Financial Impact:
The City currently finances 67 percent of PCTA’s annual operating budget and overall finances.
Huntington Beach also comprises at least 67 percent of PCTA’s fund balances and reserves based
on similar historical contributions. Upon final withdrawal from the Public Cable Television Authority in
approximately six months, the City will begin to collect 100 percent of the Public, Educational, and
Governmental (PEG) funds paid by its subscribers to the telecommunications companies of
approximately $605,000 annually. These funds will be deposited into a restricted fund which the City
will oversee to fund cable channel operations and programming.In addition to restricted PEG funds,
the City will also receive an additional $152,000 in unrestricted General Fund monies currently
withheld by PCTA to fund its annual administrative budget. The City is also entitled to its fair share of
PCTA’s reserves currently estimated at $3.0 million based on its most recent financial statements.
Recommended Action:
Authorize the City Manager to give a six (6) month prior written Notice of Intent to Terminate to the
Public Cable Television Authority and to all other Members pursuant to Section 4 of the Joint Powers
Agreement.
Alternative Action(s):
Do not approve a six month notice of intent to terminate from PCTA and direct staff accordingly.
Analysis:
In 1990, a Joint Powers Authority (JPA) was created between the cities of Huntington Beach,
Fountain Valley, Stanton, and Westminster, and Public Cable Television Authority (PCTA) for the
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File #:19-003 MEETING DATE:1/22/2019
Fountain Valley, Stanton, and Westminster, and Public Cable Television Authority (PCTA) for the
purpose of providing local government programming to residents. Each member-City appoints two
Council Members to the PCTA Board; each Board Member holds one vote. While the City only holds
two votes (equal to the other cities), the City of Huntington Beach ratepayers comprise 67% of PCTA
funding.
On April 16, 2018, Council Members Lyn Semeta and Patrick Brenden introduced an item directing
staff to return to the City Council with an analysis of alternative Public, Educational, and
Governmental (PEG) Access/Outreach methods. Staff presented City Council with information
related to the best practices of local government programming on July 16, 2018. This overview
included the history of PCTA, an overview of their governance structure and finances, and a look at
what the current trends are in TV - specifically PEG channels.
Since July 2018, staff has delved deeper into the existing operations of PCTA, visited cities
throughout the County, and attended the National Association of Telecommunications Officials
conference to learn best practices and understand emerging trends in the cable marketplace.
What was gleaned from this deep-dive is clear - the operations of the JPA have not kept pace with
certain emerging trends in the marketplace and are somewhat out of date. More and more people
are “cutting the cord” or have never subscribed to cable TV in the first place and are using alternative
means of communication. Additionally, as the City is 67% of PCTA, the City could, in fact, run these
operations in-house using a combination of PEG and Franchise Fees, at a savings to the City and
with programming tailor made to Huntington Beach specifically and its own residents. In order to
keep the City current with technological advances and continue to keep residents abreast of City
meetings, events, and community programming, it is prudent to withdraw from PCTA. When
comparing the operations of PCTA to those in other Cities, PCTAs per capita spend is $2.87
(Budget/Population) where other cities run operations at significantly less cost per capita.
Subsequently, Council Members Semeta and Brenden introduced a follow-up Council Member Item
at the October 29, 2018,Council Meeting directing staff to explore the potential withdrawal from
PCTA. A Study Session on that topic was held on December 17, 2018,where staff presented a
proposed exit and transition plan. Should Council desire to exit from PCTA, City Staff has a
comprehensive Exit and Transition Plan which will enable the City to transition from the JPA to a City-
run cable channel.
This Exit and Transition Plan includes the implementation of a “Red Team” comprised of staff from
the City Manager’s Office, Information Services, Finance, the Office of Business Development, and
the City Attorney’s Office. This “Red Team” will meet weekly to begin the transition from PCTA and
will begin the process of going out to bid for video production services and any video
production/programming equipment. The Finance Department began its review and analysis of
PCTA’s fund balance, physical assets, and the existing lease with PCTA for studio space in City Hall
to ensure the City receives its pro rata share of all assets. Additionally, the City Council’s
Communications Committee will begin meeting regularly starting in February so they are kept abreast
of the progress of the transition process. Staff will also begin meeting directly with Spectrum and
Charter in the coming weeks and begin discussions for programming partnerships. Upon expiration
of the required six month Notice of Intent to Terminate period, staff will return to the City Council in
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File #:19-003 MEETING DATE:1/22/2019
of the required six month Notice of Intent to Terminate period, staff will return to the City Council in
July 2018 with a Resolution to finalize its withdrawal from PCTA as required by the Joint Powers
Agreement.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Enhance and Maintain City Service Delivery
Attachment(s): None.
City of Huntington Beach Printed on 1/16/2019Page 3 of 3
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City of Huntington Beach
File #:18-641 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Travis K. Hopkins, PE, Director of Public Works
Subject:
Approve and authorize execution of Amendment No. 1 to Cooperative Agreement No. C-5-3614
between Orange County Transportation Authority (OCTA) and City of Huntington Beach for I-
405 Improvement Project
Statement of Issue:
Execution of the Subject Amendment revises the payment, by the Orange County Transportation
Authority to the City, to compensate the City for staff time and other resources in addition to
pavement mitigation due to the impacts of the I-405 widening project.
Financial Impact:
Execution of the Subject Amendment has no impact on the current budget. The Cooperative
Agreement includes a commitment of City staff and other resources, included in the current operating
budget, and a commitment of $1,278,937, from OCTA, to cover those expenses.
Recommended Action:
Authorize the Mayor and City Clerk to execute “Amendment No. 1 to Cooperative Agreement No. C-5
-3614 between Orange County Transportation Authority and City of Huntington Beach for I-405
Improvement Project.”
Alternative Action(s):
Reject the Amendment and direct staff on how to proceed.
Analysis:
On March 21, 2016, the City Council authorized the execution of Cooperative Agreement No. C-5-
3614 between Orange County Transportation Authority and City of Huntington Beach for I-405
Improvement Project. The agreement outlined the roles and responsibilities of each agency as well
as identified a payment amount of $682,737 to the City to compensate for services and pavement
mitigation as estimated at the time. Now that the project has started, the amount of services and
pavement mitigation have been better defined. Amendment No. 1 to the Agreement now identifies
the reimbursement to the City in the amount of $1,278,937. The reimbursement is broken down into
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File #:18-641 MEETING DATE:1/22/2019
four items, as shown on the Revised Schedule A, which is included in the Amendment.
Environmental Status:
Not applicable
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Amendment No. 1 to Cooperative Agreement No. C-5-3614 between Orange County
Transportation Authority and City of Huntington Beach for I-405 Improvement Project .
2. Original Cooperative Agreement No. C-5-3614 between Orange County Transportation
Authority and City of Huntington Beach for I-405 Improvement Project.
City of Huntington Beach Printed on 1/16/2019Page 2 of 2
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88
89
90
91
92
93
Distributed:5-1 714.
Accounting
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CA 12.-I-K-5 14 -
I
COOPERATIVE AGREEMENT NO. C-5-3614
2
BETWEEN
3
ORANGE COUNTY TRANSPORTATION AUTHORITY
4
AND
5
CITY OF HUNTINGTON BEACH
6
FOR
7
1-405 IMPROVEMENT PROJECT
8
THIS COOPERATIVE AGREEMENT (Agreement), is effective this 1-4 day of
9 , 2016, by and between the Orange County Transportation Authority, 550 South
10 Main Street, P 0 Box 14184, Orange California 92863-1584, a public entity (herein referred to as
11 "AUTHORITY") and the City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648,
12 a municipal corporation duly organized and existing under the constitution and laws of the State of
13 California (herein referred to as "CITY") each individually known as "Party" and collectively known as the
14 "Parties"
15 RECITALS:
16 WHEREAS, AUTHORITY, in cooperation and partnership with the California Department of
17 Transportation, herein referred to as "CALTRANS", is proposing to reduce congestion and improve
18 lane continuity through the Interstate 405 (1-405) corridor with improvements to mainline and
19 interchanges on 1-405 between State Route 73 (SR-73) and Interstate 605 (1-605), and
20 WHEREAS, the improvements are generally defined as adding one general-purpose lane from
21 Euclid Street to 1-605, plus adding an additional median lane which will be combined with the existing
22 HOV lane and operated as dual express lanes in each direction of 1-405 from SR-73 to 1-605, replacing
23 and/or widening structures, and other additional geometric and interchange improvements, including
24 improvements to CITY-owned and operated streets, and traffic facilities hereinafter referred to as CITY
25 FACILITIES potentially impacted by this project, all of which are hereinafter referred to as "PROJECT"
26 AUTHORITY is proposing to use a design-build method of delivery for the procurement, design, and
1146119 1
94
COOPERATIVE AGREEMENT NO. C-5-3614
1 construction of PROJECT and to procure a design-build team herein referred to as "CONTRACTOR",
2 and
3 WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities
4 between the AUTHORITY and CITY regarding the CONTRACT DOCUMENTS, and the design and
5 construction of PROJECT in regards to CITY FACILITIES, and
6 WHEREAS, AUTHORITY is the sponsor and the primary funding agency for PROJECT, and
7 WHEREAS, CITY-owned and operated utilities will be subject to an utility agreement(s) and
8 separate from, and outside of this Agreement, and
9 WHEREAS, PROJECT is located within and adjacent to the CALTRANS nght of way in the Cities
10 of Costa Mesa, Fountain Valley, Huntington Beach, Westminster, Garden Grove, Seal Beach, Los
11 Alamitos, and County of Orange, and
12 WHEREAS, AUTHORITY has contracted with Parsons Transportation Group, Inc, as the
13 Program Management Consultant (PMC) for this PROJECT, to assist with the administration and
14 oversight of the procurement, and design and construction phases of PROJECT, and
15 WHEREAS, AUTHORITY has contracted with Jacobs Project Management Co, as the
16 Construction Management Consultant (CMC) for this PROJECT, to assist with the administration and
17 oversight of the procurement, and construction phases of PROJECT, and
18 WHEREAS, AUTHORITY agrees to acquire right-of-way, and
19 WHEREAS, AUTHORITY shall ensure CONTRACTOR's compliance with all applicable
20 requirements contained in this Agreement, and
21 WHEREAS, CITY FACILITIES will potentially be impacted by PROJECT, and AUTHORITY
22 desires to collaborate with CITY during the development of the CONTRACT DOCUMENTS for the
23 selection of a CONTRACTOR, and during the design and construction of PROJECT, and
24 WHEREAS, AUTHORITY will provide contract administration for all phases of PROJECT work
25 on CITY FACILITIES, and work within CITY right—of-way, while adhering to State; Federal, and CITY
26 standards and requirements, as applicable, and
Page 2 of 17
11461191
95
COOPERATIVE AGREEMENT NO. C-5-3614
I
WHEREAS, AUTHORITY will reimburse CITY for actual costs for CITY SERVICES, as related to
2 improvements to CITY FACILITIES, and defined as
3 • Review and approval of plans, specifications, and other pertinent engineering plans,
4 and reports, and for oversight construction inspection services
5 • Review and acceptance of Transportation Management Plan (TMP)
6 • Traffic engineering, and oversight detour inspections
7 • CITY police services, and
8 WHEREAS, the costs for the following elements of CITY SERVICES cannot be quantified and
9 priced at this time, as they will be developed by the CONTRACTOR upon CITY acceptance of the TMP
10 Once the costs of these elements are developed, AUTHORITY shall amend this Agreement to account
11 for such costs
12 Costs for mitigation for reduction of pavement life related to impacts to CITY streets along
13 the signed, long-term detours, and alternative detour routes required by CONTRACTOR
14 WHEREAS, CITY's City Council approved this Agreement on the /8 7* da y of
15 2016, and
16 WHEREAS, AUTHORITY's Board of Directors authorized this Agreement on the I 1-11----day of
17
111,_/w4 , 2016
18 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows
19 ARTICLE 1. COMPLETE AGREEMENT
20 A This Agreement, including any attachments incorporated herein and made applicable by
21 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this
22 Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings,
23 and communications between the Parties relating to the subject matter of this Agreement The invalidity
24 in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s)
25 or conditions(s) of this Agreement The above referenced Recitals are true and correct and incorporated
26 by reference herein
Page 3 of 17
11461191
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COOPERATIVE AGREEMENT NO. C-5-3614
1 B AUTHORITY's failure to insist on any instance(s) of CITY's performance of any term(s) or
2 condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's
3 right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation
4 in respect thereto shall continue in full force and effect Changes to any portion of this Agreement shall
5 not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized
6 representative of AUTHORITY by way of a written amendment to this Agreement and issued in
7 accordance with the provisions of this Agreement
8 C CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or
9 condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such
10 performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in
11 respect thereto shall continue in full force and effect Changes to any portion of this Agreement shall not
12 be binding upon CITY except when specifically confirmed in writing by an authorized representative of
13 CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of
14 this Agreement
15 ARTICLE 2. SCOPE OF AGREEMENT
16 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the
17 subjects and projects addressed herein Both AUTHORITY and CITY agree that each will cooperate and
18 coordinate with the other in all activities covered by this Agreement and any amendments to this
19 Agreement
20 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
21 AUTHORITY agrees to the following responsibilities for PROJECT
22 A To be the sponsor and funding agency to manage and administer the contract for
23 PROJECT, which includes preliminary engineering, right-of-way acquisition, and preparation of contract
24 documents (CONTRACT DOCUMENTS) to be used in the advertisement of a design-build RFP and for
25 the selection of a CONTRACTOR to perform full design-build activities, and other related services,
26 including improvements to CITY FACILITIES which are necessary as part of PROJECT
Page 4 of 17
1146119 1
97
COOPERATIVE AGREEMENT NO. C-5-3614
1 B To perform right-of-way acquisition and right-of-way certification for PROJECT, and
2 specifically, for CITY FACILITIES, if necessary
3 C To include within the CONTRACT DOCUMENTS, in regards to CITY FACILITIES, design
4 criteria which meets acceptable CITY standards
5 D To coordinate with CITY during the development of the CONTRACT DOCUMENTS, and
6 afford the CITY the opportunity to review, and comment on the CONTRACT DOCUMENTS To the
7 extent a term or condition of the CONTRACT DOCUMENTS may expose the CITY to a cost or liability in
8 relation to the CITY FACILITIES not contemplated by this Agreement, the AUTHORITY shall cooperate
9 in good faith with the CITY to amend this Agreement or the CONTRACT DOCUMENTS, to address such
10 cost or liability
11 E To coordinate with CITY regarding review times to be included in CONTRACT
12 DOCUMENTS The review times will be applicable to the design and construction of PROJECT in
13 regards to CITY FACILITIES AUTHORITY will hold Joint Resolution Meetings (JRT) with CITY to resolve
14 CITY comments and obtain approvals, if applicable
15 F To coordinate the procurement, and design and construction of PROJECT with the CITY,
16 and hold regular technical and partnering meetings to brief the CITY on the status of PROJECT, solicit
17 input, and provide a forum to discuss and resolve PROJECT issues which impact the CITY
18 G To comply with all requirements of the Final Environmental Impact Report/Environmental
19 Impact Statement (FEIR/FEIS) for the PROJECT, including but not limited to the preparation and
20 processing of any and all supplemental environmental documents, including those required for CITY
21 FACILITIES
22 H If AUTHORITY encounters hazardous, archeological, paleontological, cultural, or other
23 protected materials and/or species within any existing or future CITY-owned right of way for the CITY
24 FACILITIES, AUTHORITY shall notify the CITY and responsible control agencies of such discovery
25 /
26 /
Page 5 of 17
11461191
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COOPERATIVE AGREEMENT NO. C-5-3614
1 I The costs for any remediation or protection for Article 3, Paragraph H, shall be covered
2 as a PROJECT cost, provided that AUTHORITY may seek reimbursement from other third parties which
3 may be jointly or severally liable for such removal or protection
4 J To protect in place, rearrange or relocate after CITY consultation and concurrence, CITY-
5 owned public utility facilities found to be in conflict with PROJECT All conditions of this clause shall be
6 subject to utility agreements which are separate from, and outside of this Agreement
7 K To secure and comply with any and all other governmental and/or regulatory approvals,
8 permits and/or clearances required for the design and construction of CITY FACILITIES included in
9 PROJECT
10 L In the event CITY requests additional improvements, they shall be evaluated and
11 processed in accordance with Article 4, Paragraph L, of this Agreement
12 M To implement a Quality Management Plan during all phases of PROJECT
13 N To monitor all PROJECT activities to ensure compliance with the approved PROJECT
14 schedule, quality and budget goals of PROJECT
15 0 To obtain concurrence for permanent easements, if required, for CITY FACILITIES
16 P To facilitate discussion between CITY, local agencies, and others regarding resolution of
17 ownership, operation, and maintenance of CITY FACILITIES
18 Q To coordinate with CALTRANS and CITY for preparation and execution of Maintenance
19 Agreements
20 R To convey ownership of any property acquired by AUTHORITY for PROJECT, and which
21 is necessary for CITY FACILITIES upon completion of the CITY FACILITIES, and title to such right-of-
22 way having been acquired by AUTHORITY Conveyance of such property to the CITY shall be completed
23 through an executed Property Transfer Agreement with AUTHORITY AUTHORITY shall convey such
24 property in a condition acceptable to the CITY and in accordance with CALTRANS' Right of Way Manual
25 S To require CONTRACTOR to submit to CITY for review and approval, including but not
26 limited to, plans, specifications, and other pertinent engineering plans, and reports, for CITY FACILITIES
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1 within CITY right-of-way, and for CITY-related improvements within CALTRANS right-of-way, prior to
2 construction thereof During construction, CITY may provide construction oversight inspection services
3 Such reviews and approvals, and construction oversight inspection services (CITY SERVICES) shall be
4 in accordance with the CONTRACT DOCUMENTS, and reimbursable to CITY by this Agreement
5 T To reject any submittal that does not comply with the CONTRACT DOCUMENTS,
6 including Quality Control and Quality Validation requirements If any submittal is rejected,
7 AUTHORITY will notify all recipients, including CITY, to remove all copies from circulation
8 U To require resubmittal of any Design Documents and/or Construction Documents, as it
9 deems appropriate at its sole discretion, and redistribute the submittal to CITY
10 V To require CONTRACTOR to prepare a TMP, and submit to CITY for review and approval,
11 in regards to construction related impacts to CITY The TMP will address construction-related impacts to
12 existing CITY street traffic, and will include normal traffic handling requirements during PROJECT
13 construction including staging, lane closures, re-striping, detours, and signalization, and will specify
14 requirements for communicating with the public and local agencies dunng construction Modifications to
15 streets; intersections, signals, etc, required to address traffic impacts during construction will be borne
16 as a PROJECT cost Such review and acceptance of TMP (CITY SERVICES) shall be in accordance
17 with the CONTRACT DOCUMENTS, and reimbursable to CITY by this Agreement
18 W To obtain a written acceptance of TMP from CITY
19 X To reimburse the CITY for its actual costs for oversight detour inspections, traffic
20 engineering services (including staff overhead and third party traffic signal maintenance service costs
21 contracted out by CITY), and police services (including overtime costs) Ongoing deployment of
22 police services related to PROJECT traffic management will require prior approval by AUTHORITY
23 Such traffic engineering, oversight detour inspections, and police services (CITY SERVICES) shall be
24 in accordance with the CONTRACT DOCUMENTS, and reimbursable to CITY by this Agreement
25 Y To monitor and ensure CONTRACTOR compliance with the TMP
26 /
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1 Z To work collaboratively with CITY, upon acceptance of TMP, to prepare an established
2 and approved visual pavement study to evaluate the pre- detour conditions, and forecasted impacts to
3 the CITY street pavement used for signed, long-term freeway detours, and alternate route detours based
4 on the period of construction within the CITY limits As the result of the study, and as agreed by to by the
5 Parties, AUTHORITY will reimburse CITY the exact amount of the agreed to mitigation costs for the
6 reduction of pavement life for the detour routes, via an amendment to this Agreement The pavement
7 mitigation (CITY SERVICES) amount will be a lump sum maximum reimbursement, and no additional
8 costs will be paid
9 AA To require CONTRACTOR to repair street pavements that receive damage as a result of
10 construction CONTRACTOR will be required to adhere to CITY's requirements for removal and
11 replacement of pavement in accordance with the CONTRACT DOCUMENTS and this Agreement
12 BB To require CONTRACTOR to obtain a no fee encroachment permit from CITY prior to
13 commencing construction of PROJECT
14 CC To monitor and ensure CONTRACTOR compliance with CITY's permit
15 DD To Implement a Public Awareness Campaign during PROJECT that advises CITY, local
16 businesses, residents, elected officials, motorists, and media, of construction status, street detours, and
17 ramp and freeway closures, if and where applicable
18 EE To provide PROJECT closeout activities, including walk-through, punch list, final payment
19 accounting, and furnish approved "As-builts" to CITY for CITY FACILITIES
20 FE To develop a record of survey, final maps, and all necessary title transfers for CITY relative
-\
21 to PROJECT
22 GG To reimburse CITY for combined costs identified as "CITY SERVICES", and in
23 accordance with attached SCHEDULE A, "MAXIMUM REIMBURSEMENT FOR COMBINED CITY
24 SERVICES"
25 /
26 /
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1 HH To reimburse CITY for actual costs, within 30 days of an acceptable invoice, which is
2 complete, properly prepared and complies with the requirements of ARTICLE 5, REQUEST FOR
3 REIMBURSEMENT, below
4 II AUTHORITY's reimbursement for CITY SERVICES will not exceed the combined
5 maximum amount shown on SCHEDULE A
6 JJ To perform all work associated with the PROJECT at no cost to the CITY, unless
7 specifically provided otherwise herein or in any amendment to this Agreement
8 KK To cause all contractors and vendors who perform work or provide supplies for CITY
9 FACILITIES to name the CITY as an additional insured on policies of insurance wherein AUTHORITY
10 requires AUTHORITY to be named as an additional insured and, prior to the commencement of work,
11 provide certificates of insurance to CITY showing the CITY as an additional insured
12 ARTICLE 4. RESPONSIBILITIES OF CITY
13 CITY agrees to the following responsibilities for PROJECT
14 A To collaborate and cooperate with AUTHORITY during the development of the
15 CONTRACT DOCUMENTS for the RFP, and during the design and construction of PROJECT
16 B To provide CITY SERVICES for PROJECT as agreed by CITY and AUTHORITY
17
C To review, and provide comment on, in a timely manner, and in accordance with the
18 CONTRACT DOCUMENTS and this Agreement, all plans and other submittals related to PROJECT, and
19 approve and/or concur with AUTHORITY or CONTRACTOR's submittals if or when CITY determines
20 such submittals comply with CITY's standards and criteria to facilitate AUTHORITY's delivery of
21 PROJECT The CITY may reject such submittals, which rejection shall be accompanied by an
22 explanation as to the areas of non-compliance with CITY's standards and criteria
23 D To make available to AUTHORITY all necessary CITY regulations, policies, procedures,
24 manuals, standard plans, and specifications required for the construction of PROJECT when requested
25 by AUTHORITY
26 /
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1 E To attend and participate in the PROJECT's regular technical and partnering meetings for
2 AUTHORITY to brief CITY on the status of PROJECT, and to provide a forum to discuss and to resolve
3 CITY's concerns and issues
4 F Upon award of a design-build contract by AUTHORITY, to make reasonable efforts and
5 devote reasonable resources for the issuance of encroachment permits, and other necessary permits, if
6 applicable, to CONTRACTOR at no fee, and upon CONTRACTOR's compliance with permit
7 requirements, to not cause delay to PROJECTs construction schedule
8 G To make necessary efforts to coordinate and cooperate with AUTHORITY, its agents, and
9 contractors, to meet or exceed design-build schedule criteria as identified by AUTHORITY
10 H To waive any moratorium on the excavation or trenching work on CITY streets that were
11 recently resurfaced where such excavation or trenching are necessary for PROJECT CONTRACTOR
12 will be required to ,adhere to CITY's requirements for the removal and replacement of pavement in
13 accordance with the CONTRACT DOCUMENTS and this Agreement
14 I To cooperate with AUTHORITY and use its best efforts to cause the rearrangement or
15 relocation of all municipal and public utility facilities, in accordance with applicable State or local franchises
16 or laws, that may be determined by AUTHORITY and CITY to be within CITY's junsdiction and pose a
17 conflict with the PROJECT CITY hereby agrees to exercise and invoke its rights under any applicable
18 State or local franchises or laws, or any prior rights or superior rights the CITY may have to effectuate
19 such rearrangement or relocation at the expense of the affected public utility as necessary to allow
20 completion of PROJECT CITY shall cooperate with the AUTHORITY and provide all appropriate and
21 necessary support to achieve this result In the event the public utility fails to make the rearrangement
22 or relocation or fails to agree to make the rearrangement or relocation in a timely manner, the CITY
23 shall assign to AUTHORITY its rights to rearrange or relocate said public utility under State law, or the
24 pertinent agreement or recorded instrument that the CITY has with the public utility CITY shall
25 cooperate with AUTHORITY, provide assistance to AUTHORITY as needed, and join with
26 AUTHORITY as a party in the prosecution or defense of the CITY's and the AUTHORITY's rights
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1 under the laws of the State of California to cause such rearrangements or relocations Wherever
2 possible, any rearrangement or relocation of a public utility shall be made to an area covered by a
3 State or local franchises or laws All conditions of this clause shall be subject to utility agreements
4 which are separate from and outside of this Agreement
5 J Subject to approval by CITY's City Council, to take ownership of property acquired by
6 AUTHORITY for PROJECT, and which is necessary for CITY FACILITIES upon completion of the CITY
7 FACILITIES, and title to such right-of-way having been acquired by AUTHORITY Conveyance of such
8 property to the CITY shall be completed through an executed Property Transfer Agreement with
9 AUTHORITY AUTHORITY shall convey such property in a condition acceptable to CITY and in
10 accordance with CALTRANS Right of Way Manual
11 K To accept operation and maintenance of the CITY FACILITIES, or portion thereof, upon
12 their acceptance by AUTHORITY, and based upon the AUTHORITY's written certification that the
13 AUTHORITY has complied with all terms of the Agreement The acceptance of the CITY FACILITIES
14 and written certification shall not unreasonably be withheld CITY acknowledges that CITY FACILITIES
15 may be completed at different times and accepted in different stages of PROJECT
16 L In the event CITY requests additional CITY FACILITY improvements or work not defined
17 herein to be incorporated into PROJECT after release of the RFP, CITY shall be solely responsible for
18 all costs and expenses related thereto, including 1) the costs incurred to incorporate the
19 improvements into the PROJECT's scope of work, 2) additional design, construction and oversight
20 costs arising from or associated with the improvements, including change orders related thereto, 3)
21 additional operations and maintenance costs arising from or associated with the improvements,
22 including change orders related thereto, and 4) costs associated with any impact on the design and
23 construction schedule associated with the improvements, including any associated PROJECT delay
24 costs and damages This is not intended to eliminate mitigations for required PROJECT changes
25 identified during construction AUTHORITY, at its sole discretion, may agree to incorporate such
26 CITY FACILITY improvements or work, via an amendment to this Agreement, identifying the CITY
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1 FACILITY improvements or work, estimated costs, and funding sources from CITY for these
2 improvements
3 M To submit monthly invoices to AUTHORITY for work completed and actual costs incurred
4 by CITY for CITY SERVICES, pursuant to ARTICLE 5 REQUEST FOR REIMBURSEMENT CITY shall
5 submit final invoice no later than ninety (90) days after final acceptance of PROJECT Any costs in
6 excess of the amounts specified herein shall not be incurred without a written amendment to this
7 Agreement
8 ARTICLE 5. REQUEST FOR REIMBURSEMENT
9 In order for CITY to be reimbursed for incurred costs relative to PROJECT, CITY agrees
10 A To prepare and submit to AUTHORITY a monthly invoice with supporting
11 documentation CITY's invoice shall include allowable PROJECT costs incurred and paid for by CITY
12 The invoice submitted by CITY shall be signed by an authorized agent who can duly certify the
13 accuracy of the included information
14 B The invoice shall be submitted on CITY's letterhead
15 C The invoice shall be submitted by CITY, and in duplicate, to AUTHORITY's Accounts
16 Payable Office Each invoice shall include the following information
17 1 Agreement Number C-5-3614
18 2. The total of PROJECT expenditures shall specify the percent and amount of funds
19 to be reimbursed, and include support documentation for all expenses invoiced, excluding pavement
20 mitigation lump sum reimbursement
21 3 Adequate detail describing all work completed, excluding pavement mitigation lump
22 sum reimbursement
23 4. Such other information as requested by AUTHORITY
24 D To consult with AUTHORITY's Project Manager for questions regarding non-reimbursable
25 expenses
26 /
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1 E That total payments shall not exceed the maximum obligation specified in ARTICLE 7
2 MAXIMUM OBLIGATION
3 ARTICLE 6. DELEGATED AUTHORITY
4 The actions required to be taken by CITY in the implementation of this Agreement are delegated
5 to its CITY Public Works Director, or designee, and the actions required to be taken by AUTHORITY in
6 the implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer or
7 designee
8 ARTICLE 7 MAXIMUM OBLIGATION
9 Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY
10 mutually agree that AUTHORITY's maximum cumulative payment obligation hereunder shall be Five
11 Hundred Ninety Six Thousand Two Hundred dollars ($596,200), excluding mitigation pavement, unless
12 agreed to and amended by both Parties AUTHORITY's maximum cumulative obligation for pavement
13 mitigation shall be addressed in a future amendment to this Agreement
14 ARTICLE 8. AUDIT AND INSPECTION
15 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally
16 accepted accounting principles Upon reasonable notice, CITY shall permit the authonzed
17 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and
18 other data and records of CITY for a period of four (4) years after final payment, or until any on-going
19 audit is completed For purposes of audit, the date of completion of this Agreement shall be the date of
20 AUTHORITY's payment of CITY's final billing (so noted on the invoice) under this Agreement
21 AUTHORITY shall have the right to reproduce any such books, records, and accounts The above
22 provision with respect to audits shall extend to and/or be included in contracts with CITY's contractor or
23 consultant
24 ARTICLE 9. INDEMNIFICATION
25 A To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole
26 cost and expense with legal counsel reasonably acceptable to CITY), indemnify, protect, and hold
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1 harmless CITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from
2 and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration
3 awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and
4 attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of
5 persons (CITY's employees included), for damage to property, including property owned by CITY, or from
6 any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts,
7 omissions or willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection
8 with or arising out of the performance of this Agreement
9 B To the fullest extent permitted by law, CITY shall defend (at CITY's sole cost and expense
10 with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless
11 AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from
12 and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration
13 awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and
14 attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of
15 persons (AUTHORIT's employees included), for damage to property, including property owned by
16 AUTHORITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused
17 by the negligent acts, omissions or willful misconduct of CITY, its officers, directors, employees or agents
18 in connection with or arising out of the performance of this Agreement
19 C The indemnification and defense obligations of this Agreement shall survive its expiration
20 or termination
21 ARTICLE 10. ADDITIONAL PROVISIONS
22 A Term of Agreement The term of this Agreement shall be in full force and effect through
23 April 30, 2023
24 B Termination In the event either Party defaults in the performance of its obligations under
25 this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party shall provide
26 written notice to the defaulting Party to cure such default within 30 days of such default If the default
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1 cannot be cured within such time, as determined by the non-defaulting Party, then the defaulting Party
2 shall have such additional time as provided in the written notice or such time as the Parties may otherwise
3 agree in writing In any event, the non-defaulting Party shall promptly take such actions as are reasonably
4 necessary to cure the default If the default or breach is material and not cured within the time provided
5 herein, either Party has the option, in addition to any other remedies available at law, to terminate this
6 Agreement upon thirty (30) days' prior written notice to the other Party
7 C Compliance with All Laws AUTHORITY and CITY shall comply with all applicable federal,
8 state, and local laws, statues, ordinances and regulations of any governmental authority having
9 jurisdiction over the PROJECT
10 D Legal Authority AUTHORITY and CITY warrant that the persons executing this
11 Agreement on each Party's behalf are authorized to bind such Party to the terms of this Agreement and
12 that by so executing this Agreement, such Party hereto shall be formally bound to the provisions of this
13 Agreement
14 E Severability If any term, provision, covenant or condition of this Agreement is held to be
15 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
16 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
17 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law
18 F Counterparts of Agreement This Agreement may be executed and delivered in any
19 number of counterparts, each of which, when executed and delivered shall be deemed an original and all
20 of which together shall constitute the same agreement Facsimile signatures will be permitted
21 G Force Majeure Either Party shall be excused from performing its obligations under this
22 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
23 cause beyond its control, including but not limited to, any incidence of fire, flood, acts of God,
24 commandeering of material, products, plants or facilities by the federal, state or local government, national
25 fuel shortage, or a material act or omission by the other Party, when satisfactory evidence of such cause
26 IS presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond
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I the control and is not due to the fault or negligence of the Party not performing
2 H Assignment Neither this Agreement, nor any of the Parties' rights, obligations, duties, or
3 authonty hereunder may be assigned in whole or in part by either Party without the prior written consent
4 of the other Party in its sole and absolute discretion Any such attempt of assignment shall be deemed
5 void and of no force and effect Consent to one assignment shall not be deemed consent to any
6 subsequent assignment, nor the waiver of any right to consent to such subsequent assignment
7
I Governing Law The laws of the State of California and applicable local and federal laws,
8 regulations and guidelines shall govern this Agreement
9 J Notices Any notices, requests, or demands made between the Parties pursuant to this
10 Agreement are to be directed as follows
11
To CITY To AUTHORITY
City of Huntington Beach Orange County Transportation Authority
Public Works Department
P0 Box 190
Huntington Beach, CA 92648
550 South Main Street
' P0 Box 14184
Orange, CA 92863-1584
Attention Travis Hopkins
Director of Public Works
Attention Ms Reem Hashem
Principal Contract Administrator
Tel (714) 374-5348 Tel (714) 560-5446
Email thopkins@surfcity-hb org Email rhashem@octa net
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25
26
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9
10
11
12
13
14
By
15 Travis Hopkins
Public Works Director
16
17
5
6 By
7
18 By
By
By
By
eil, P E
'ecutive Director, Capital Programs
Ci (P
COOPERATIVE AGREEMENT NO. C-5-3614
1 This Agreement shall be made effective upon execution by both Parties
2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No C-5-3614 to be
3 executed on the date first above written
4 CITY OF HUNTINGTON BEACH
ORANGE COUDJ-TI TRANSPORTATION AUTHORITY
19
20
21
Dated
22
D ated 572SA-0/
23
Attachment
24
Schedule A — Maximum Reimbursement for Combined City Services
25
26
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COOPERATIVE AGREEMENT NO. C-5-3614
SCHEDULE A
REIMBURSEMENT FOR COMBINED CITY SERVICES
CITY OF HUNTINGTON BEACH
Item No. Reimbursement Description Maximum Reimbursement
Amount(1)
1
Review and approval of plans, specifications, plans, and other pertinent engineering plans and
reports, Traffic Management Plan (TMP) review and concurrence, and construction oversight
inspection services related to CITY FACILITIES
$350,100
2 Traffic engineering and detour inspection $136,000
3 Police services (including overtime costs) $110,100
4 Pavement Mitigation TBD (2)
TOTAL MAXIMUM REIMBURSEMENT $596,200
(1) Schedule A shows estimated reimbursement amounts for each CITY SERVICES item of work During the term of this
Agreement, the CITY may redistribute funds for items of work as needed, however, the total amount for CITY SERVICES shall
not exceed the Total Maximum Reimbursement amount shown herein
(2) This amount will be determined after CONTRACTOR is hired by AUTHORITY, and shall be reimbursed as a one-time, lump
sum amount upon execution of an amendment to this Agreement
03/11/2106
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City of Huntington Beach
File #:18-652 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:David A. Segura, Fire Chief
Subject:
Approve a sole source agreement for the purchase and refurbishment of a lifeguard rescue
boat with Willard Marine, Inc.
Statement of Issue:
Approval of a sole source agreement with Willard Marine, Inc. is requested for the purchase and
refurbishment of City of Huntington Beach lifeguard rescue boats. Willard Marine, Inc. is the only
provider of Crystaliner boats, which are utilized by the Marine Safety Division. The FY 2018/19
budget includes funding for the refurbishment of one boat.
Financial Impact:
In the FY 2018/19 Budget, $174,800 is appropriated in account 32440207.85300 for the
refurbishment of one lifeguard rescue boat. The total cost for Willard Marine, Inc. to complete this
work will be $173,485 and therefore, no additional appropriation is needed.
Although approving the sole source agreement with Willard Marine would not have a fiscal impact, it
would allow for the expenditure for the refurbishment of the rescue boat.
Recommended Action:
Approve the sole source agreement with Willard Marine, Inc.
Alternative Action(s):
Do not approve the sole source agreement or refurbishment and instruct staff on how to proceed.
Analysis:
The proposed vendor, Willard Marine, Inc., was chosen because it is the only manufacturer of
Crystaliner boats in the United States. They are also the only company with the required expertise to
refurbish surf line rescue vessels, including in-house engineering, original molds, tooling, and other
specialized equipment to perform this kind of boat overhaul. This type of lifeguard rescue boat has
been used for over 40 years in Huntington Beach with a proven track record for successful surf line
rescue operations.
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Willard Marine, Inc. is an international manufacturer of rescue and military vessels, located in Orange
County. In addition to the City of Huntington Beach, Crystaliner Rescue Boats are used by a number
of southern California marine safety agencies, including Redondo Beach Harbor Patrol, Long Beach,
Seal Beach, California State Parks, Newport Beach, Orange County Harbor Patrol, San Clemente,
and Oceanside. The price of the proposed refurbishment is consistent with what is charged to other
agencies for the same work and is similar to pricing quoted to the City in FY 2017/18. The
refurbishment cost of $173,485 includes repair or replacement of the hull, deck, engines,
transmissions, drive shafts, through hull fittings, struts, propellers, sensors, electrical systems, wiring,
breaker panel, navigation systems, control systems and stringer inspections.
The replacement or refurbishment of old, deteriorating boats is critical to providing marine safety
services on City beaches. This rescue boat was originally warrantied for 15 years of surf line
operations, but has been in operation for twice that time. It is frequently in need of repairs , and parts
are often difficult to obtain in a timely manner, compromising Marine Safety rescue operations.
Operating in a corrosive marine environment for this long period of time has resulted in the need to
replace a majority of the components of this watercraft.
The life expectancy of the refurbished boat is 15 years and the purchase is in line with Marine
Safety’s long-term planning for replacing lifeguard rescue boats.
The approved sole source justification is shown as Attachment 1 and includes the estimate from
Willard Marine, Inc. and a letter documenting that they are the only provider of this type of boat.
Environmental Status:
None.
Strategic Plan Goal:
Enhance and maintain public safety.
Attachment(s):
1. Sole Source Justification
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City of Huntington Beach
File #:18-588 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Travis K. Hopkins, PE, Director of Public Works
Subject:
Adopt Resolution Nos. 2019-01, 2019-02, 2019-03, 2019-04 and 2019-05 for Summary Vacation
of certain existing Easements at the Pacific City Residential Development (Final Tract Map
Number 16338) located at 21002 Pacific Coast Highway
Statement of Issue:
Pacific City has recently recorded with the Orange County Recorder easements that are consistent
with the most current site plan layout and Entitlement Plan Amendment No. 12-007. Therefore, the
easements that existed prior to the current EPA are no longer required. A summary vacation is
required to remove the superseded easements from the property. Pursuant to the California Streets
and Highways Code, the Public Works Department requests that City Council adopt five (5)
Resolutions of Summary Vacation of certain existing easements for various purposes that currently
encumber the Pacific City Residential parcel.
Financial Impact:
Not Applicable.
Recommended Action:
A) Adopt Resolution No. 2019-01, “A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of a Pedestrian Ingress and Egress Easement on Property Located
at Pacific City (Final Tract Map Number 16338);” and,
B) Adopt Resolution No. 2019-02, “A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of an Easement for Access Purposes on Property Located at Pacific
City (Final Tract Map Number 16338)”; and,
C) Adopt Resolution No. 2019-03, “A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of an Easement for Village Green Park and Open Space Purposes
on Property Located at Pacific City (Final Tract Map Number 16338);” and,
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File #:18-588 MEETING DATE:1/22/2019
D) Adopt Resolution No. 2019-04, “A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of an Easement for Waterline Purposes on Property Located at
Pacific City (Final Tract Map Number 16338);” and,
E) Adopt Resolution No. 2019-05, “A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of an Easement for Public Park and Open Space Purposes on
Property Located at Pacific City (Final Tract Map Number 16338);” and,
F) Instruct the City Clerk to record said Resolutions (and attachments) with the Orange County
Recorder.
Alternative Action(s):
Deny the recommended actions (adoption of Resolutions 2019-01, 2019-02, 2019-03, 2019-04 and
2019-05)with findings for denial. Denial would make the project non-compliant with adopted
Conditions of Approval for the Pacific City Entitlement Plan Amendment 12-007, which requires the
vacation of the subject easements and dedication of new (realigned) easements prior to the City
issuance of a Final Certificate of Occupancy for the project.
Analysis:
The residential parcel of the Pacific City property (located at 21002 Pacific Coast Highway) is
currently encumbered with certain existing easements that were dedicated to the City of Huntington
Beach (in August 2007) on Final Tract Map No. 16338; on file in Book 893, Pages 7 through 12,
inclusive, of Miscellaneous Maps, in the Office of the County Recorder of the County of Orange, State
of California. (Attachment 1). The existing easements have not been used since their original
dedication due to the change in ownership of the property and the long period of construction
inactivity at the site.
The new property owner has since obtained approval of a revised site plan layout through Entitlement
Plan Amendment (EPA) No. 12-007, approved by the City Planning Commission on October 23,
2012. The existing easements (for sidewalk/pedestrian access, open space and public park
purposes and for waterline purposes) are no longer consistent with the new site layout.
Consequently, approval of the EPA was conditional upon the removal (via a formal vacation process)
of the existing easements and the creation/approval of the new easements. The new, replacement
easements have recently been accepted and recorded with Orange County Recorder; summary
vacations of the five existing easements are now the final step in the process.
Pursuant to Government Code Section No. 65402, upon vacation of the existing easements at the
residential parcel, the rights to the underlying land would revert back to the fee owner of the property
and the vacations of said easements would not require Planning Commission Approval for General
Plan Conformance because they have been superseded (by new easements already obtained from
the existing property owner).
Public Works Commission Action: Not required.
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File #:18-588 MEETING DATE:1/22/2019
Environmental Status:
The proposal is categorically exempt from the California Environmental Quality Act, pursuant to City
Council Resolution No. 4501, Class V: Alterations in Land Use Limitations, sub-section (a) minor
street, alley and utility easement vacations.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Final Tract Map No. 16338
2. Resolution No. 2019-01, “A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of a Pedestrian Ingress and Egress Easement on Property
Located at Pacific City (Final Tract Map Number 16338)”
3. Resolution No. 2019-02, “A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of an Easement for Access Purposes on Property Located at
Pacific City (Final Tract Map Number 16338)”
4. Resolution No. 2019-03, “A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of an Easement for Village Green Park and Open Space
Purposes on Property Located at Pacific City (Final Tract Map Number 16338)”
5. Resolution No. 2019-04, “A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of an Easement for Waterline Purposes on Property Located
at Pacific City (Final Tract Map Number 16338)”
6. Resolution No. 2019-05, “A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of an Easement for Public Park and Open Space Purposes
on Property Located at Pacific City (Final Tract Map Number 16338)”
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City of Huntington Beach
File #:18-610 MEETING DATE:1/22/2019
REQUEST FOR SUCCESSOR AGENCY ACTION
SUBMITTED TO:Honorable Chair and Board Members
SUBMITTED BY:Fred A. Wilson, Executive Director
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Adopt Resolution Nos. 2019-01 and 2019-02 approving the Recognized Obligation Payment
Schedule (ROPS) and Administrative Budget for the Huntington Beach Successor Agency for
the period of July 1, 2019 through June 30, 2020, in accordance with Health and Safety Code
Section 34177 and related actions
Statement of Issue:
The Successor Agency is requested to approve the Recognized Obligation Payment Schedule
(ROPS) and Administrative Budget for the period of July 1, 2019, through June 30, 2020. An
approved ROPS must be submitted to the County of Orange Oversight Board by January 23, 2019 ,
and then to the Department of Finance (DOF) by February 1, 2019. This is the third year that the
Successor Agency is submitting an annual ROPS in-lieu-of the previous six-month ROPS period.
This is the first year that the Successor Agency is submitting the ROPS to the Countywide Oversight
Board.
Financial Impact:
The ROPS provides the County Auditor-Controller with the amount of the former Redevelopment
Agency’s enforceable obligations for which the Successor Agency anticipates incurring expenditures.
Once approved by DOF, the Successor Agency will be entitled to receive property tax revenue up to
the amount of the DOF-approved enforceable obligations included in the Payment Schedule. The
ROPS requests $15,936,825 in funds to support existing legally required enforceable obligations.
Successor Agency Recommended Action:
A) Adopt Resolution No. 2019-01, "A Resolution of the Successor Agency to the Redevelopment
Agency of the City of Huntington Beach Approving the Successor Agency Administrative Budget for
the Period July 1, 2019, through June 30, 2020;" and,
B) Adopt Resolution No. 2019-02, "A Resolution of the Successor Agency to the Redevelopment
Agency of the City of Huntington Beach Approving the Recognized Obligation Payment Schedule for
the Period July 1, 2019 - June 30, 2020 (‘ROPS 19-20’)."
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File #:18-610 MEETING DATE:1/22/2019
Alternative Action(s):
Do not adopt the Resolutions and direct staff accordingly. Per Health and Safety Code Section 34177
(m)(2), the Successor Agency will be assessed a $10,000 per-day penalty for failure to submit the
ROPS on a timely basis. Additionally, failure to submit the ROPS within ten (10) days of the deadline
may result in a 25% reduction of the Successor Agency’s maximum administrative cost allowance for
the period covered by the delinquent ROPS.
Analysis:
As a result of the California Supreme Court’s ruling on the Dissolution Act, all redevelopment
agencies in California were dissolved effective February 1, 2012. The Dissolution Act and AB 1484
describe the procedures to wind-down the affairs of the former redevelopment agencies. These
provisions include the continued payment of recognized enforceable obligations as defined in the law.
The Recognized Obligation Payment Schedule for July 1, 2019, through June 30, 2020, requests
payment for enforceable obligations associated with the former Redevelopment Agency’s Tax
Allocation bonds, development agreements, legal services, administrative, and other miscellaneous
costs. The DOF has the authority to review the ROPS and return it to the Successor Agency for
reconsideration and modification.
In 2017, the Governor signed Senate Bill 107, which provided additional “clean-up” to the dissolution
legislation of the former redevelopment agencies. Some of the items within the legislation include the
retention of the City’s Oversight Board through June 2018 and changing the bi-annual ROPS to an
annual submittal. Pursuant to HSC Section 34177 (o)(1), commencing with the ROPS in 2016/2017
and thereafter, agencies shall submit an Oversight Board-approved annual ROPS to DOF by
February 1. The State DOF will make its determination by April 15, 2019, and each April 15
thereafter. Therefore, the ROPS shall not be effective until approved by the State DOF.
The County Auditor-Controller has established a new Countywide Oversight Board for review and
approval of the ROPS prior to submittal to the DOF.
The Successor Agency and City are pursuing legal action to begin repayment of former
redevelopment agency loans from the City. The DOF has denied the repayment of these legitimate
redevelopment loans on three separate occasions totaling $71 million.
The Administrative Budget for the July 1, 2019, through June 30, 2020, period reflects a total of
$250,000, which represents the maximum reimbursement to cities allowed by law for costs
associated with administering these obligations.
Environmental Status:
Not applicable
Strategic Plan Goal:
Strengthen economic and financial sustainability
Attachment(s):
1. Resolution No. 2019-01, "A Resolution of the Successor Agency to the Redevelopment
Agency of the City of Huntington Beach Approving the Successor Agency Administrative
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File #:18-610 MEETING DATE:1/22/2019
Budget for the Period July 1, 2019, through June 30, 2020;" and,
2. Resolution No. 2019-02, "A Resolution of the Successor Agency to the Redevelopment
Agency of the City of Huntington Beach Approving the Recognized Obligation Payment
Schedule for the Period July 1, 2019 - June 30, 2020 (‘ROPS 19-20’)."
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Expenditure Object Account ROPS 19-20 Budget
RORF Administration (350)
PERSONAL SERVICES
Salaries/Benefits - Permanent 225,000
PERSONAL SERVICES 225,000
OPERATING EXPENSES
Legal Services
Other Professional Services/Operating 25,000
OPERATING EXPENSES 25,000
Total 250,000
Revenue Summary ROPS 19-20 Budget
Administrative Allowance 250,000
Other Funds -
Total 250,000
Significant Changes
Pursuant to AB x126 and AB 1484, the Successor Agency receives RPTTF funding from the County Auditor-
Controller to pay Enforceable Obligations. The Successor Agency also receives a 3% of actual distributed
RPTTF in the preceding fiscal year, or a minimum of $250,000 for administration of the winding down of the
former Redevelopment Agency per fiscal year. Administrative costs associated with the "wind down" and
dissolution of the Redevelopment Agency that exceed the administrative cost allowance will be funded by
Other Funds, pursuant to State rules. Administrative expenses include: personnel costs, legal, and other
professional services expenses associated with the dissolution and administration of the Successor Agency.
Successor Agency
Administrative Budget
Department Budget Summary
Other Funds by Object Account
OTHER FUNDS
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Successor Agency:Huntington BeachCounty:OrangeCurrent Period Requested Funding for Enforceable Obligations (ROPS Detail) 19-20A Total(July - December) 19-20B Total(January - June) ROPS 19-20 Total A497,723$ -$ 497,723$ B- - - C- - - D497,723 - 497,723 E7,460,920$ 7,978,182$ 15,439,102$ F7,335,920 7,853,182 15,189,102 G125,000 125,000 250,000 H Current Period Enforceable Obligations (A+E):7,958,643$ 7,978,182$ 15,936,825$ NameTitle/s/SignatureDateRecognized Obligation Payment Schedule (ROPS 19-20) - SummaryFiled for the July 1, 2019 through June 30, 2020 PeriodEnforceable Obligations Funded as Follows (B+C+D): RPTTF Redevelopment Property Tax Trust Fund (RPTTF) (F+G):Bond ProceedsReserve BalanceOther Funds Administrative RPTTFCertification of Oversight Board Chairman:Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency.154
AB C DE F G HIJKLMNOPQRSTUVW Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF $ 133,691,341 $ 15,936,825 $ 0 $ 0 $ 497,723 $ 7,335,920 $ 125,000 $ 7,958,643 $ 0 $ 0 $ 0 $ 7,853,182 $ 125,000 $ 7,978,182 1 Land Sale Emerald CoveCity/County Loan (Prior 5/18/200910/1/2030COHB Park A & D Fund Legally Binding Operative Agreement MergedN $ - $ - $ - 2 Hyatt Regency Huntington Beach ProjectOPA/DDA/Construction 9/14/19989/30/2023PCH Beach Resorts LLC Disposition and Development Agreement approved on September 14, 1998 for the Waterfront DevelopmentMerged3,008,585 N $ 715,338 357,669 $ 357,669 357,669 $ 357,669 3 2002 Tax Allocation Refunding BondsBonds Issued On or Before 12/31/106/19/20028/1/2024Bank of New York Trust Co.Tax Allocation Bonds Debt Service PaymentsMerged7,965,500 N $ 1,615,000 1,509,625 $ 1,509,625 105,375 $ 105,375 4 1999 Tax Allocation Refunding Bonds Bonds Issued On or Before 12/31/101/12/19998/1/2024Bank of New York Trust Co.Tax Allocation Bonds Debt Service PaymentsMerged3,653,578 N $ 737,375 689,000 $ 689,000 48,375 $ 48,375 5 2002 Tax Allocation Refunding BondsFees11/17/201011/17/2016 Arbitrage Compliance SpecialistTax Allocation Bonds arbitrage rebate calculation - Federal IRS ComplianceMerged500 N $ 500 500 $ 500 $ - 6 1999 Tax Allocation Refunding BondsFees11/17/201011/17/2016 Arbitrage Compliance SpecialistTax Allocation Bonds arbitrage rebate calculation - Federal IRS ComplianceMerged500 N $ 500 $ - 500 $ 500 8 2002 Tax Allocation Refunding BondsFees6/19/20028/1/2024Bank of New York Mellon Tax Allocation Bonds - Payment to Fiscal AgentMerged1,500 N $ 1,500 1,500 $ 1,500 $ - 9 1999 Tax Allocation Refunding BondsFees1/12/19998/1/2024Bank of New York Mellon Tax Allocation Bonds - Payment to Fiscal AgentMerged1,500 N $ 1,500 $ - 1,500 $ 1,500 10 2002 Tax Allocation Refunding BondsFees1/3/20019/3/2018Harrell & Company Advisors, LLCPreparation and filing of Continuing Disclosure Annual Reports and Material Event NoticesMerged500 Y $ - $ - $ - 11 1999 Tax Allocation Refunding BondsFees1/3/20019/3/2018Harrell & Company Advisors, LLCPreparation and filing of Continuing Disclosure Annual Reports and Material Event NoticesMerged1,550 Y $ - $ - $ - 12 Emerald Cove 2010 Series A Lease Revenue Refunding BondsBonds Issued On or Before 12/31/105/13/20109/1/2021US BankEmerald Cove 2010 Series A Lease Revenue Refunding Bonds Debt Service PaymentsMerged N $ - $ - $ - 13 HUD Section 108 Infrastructure Loan for Hyatt/Hilton PropertiesBonds Issued On or Before 12/31/107/21/20108/1/2019Bank of New York MellonLegally binding and enforceable loan agreement with the U.S. Department of Housing and Urban Development for capital improvementsMerged1,043,384 N $ 528,580 528,580 $ 528,580 $ - 14 Strand Hotel and Mixed-Use Project, Parking & InfrastructureOPA/DDA/Construction 6/1/19999/30/2033CIM Group, LLC and Kane Ballmer and BerkmanProperty Tax Sharing Agreement under the Disposition and Development Agreement (DDA) for development of hotel, retail, restaurant, and public parking structure. The Implementation of the DDA and the Sixth Implementation Agreement were entered into from June 1999 to November 2008.Merged6,406,637 N $ 677,903 677,903 $ 677,903 $ - 15 Strand Project Additional Parking OPA/DDA/Construction 1/20/20099/30/2033CIM Group, LLCProperty Tax Sharing Agreement under the Disposition and Development Agreement (DDA) and Sixth Implementation Agreement for the Strand projects parking structure authorized on January 20, 2009.Merged416,454 N $ 49,576 49,576 $ 49,576 $ - 16 Pacific CityOPA/DDA/Construction 10/16/200610/16/2026 Makar Properties & Kane Ballmer and BerkmanOwner Participation Agreement approved on October 16, 2006 for future development of a 31-acre site located at Pacific Coast Highway and First Street and financed by property tax allocations.Merged5,520,000 N $ - $ - $ - 17 Pacific City - Very Low Income UnitsOPA/DDA/Construction 10/16/200611/26/2024 Makar Properties15% affordable housing requirement pursuant to Attachment 5 of the Owner Participation Agreement approved on October 16, 2006. Of the 15% required housing obligation, 5% very-low income housing is to be developed by the Housing Authority. The Developer is required to provide the remaining 10% on site.Merged N $ - $ - $ - 21 Abdelmudi Owner Participation Agreement/Rent Differential AgreementOPA/DDA/Construction 5/28/199112/31/2017 Abdelmudi Development CompanyOwner Participation Agreement/Rent Differential Agreement approved on May 28, 1991 for the development of the three story building at the Oceanview Promenade. The Third Implementation Amendment took effect on November 21, 1994.Merged N $ - $ - $ - 27 Obligation for unused employee General Leave earned and vestedUnfunded Liabilities 9/30/201111/26/2024 City employees directly involved in Housing and Redevelopment projects and administrationObligation for unused employee General Leave earned and vested as per MOUs and AB 1X26Merged N $ - $ - $ - 29 Bella Terra Parking Infrastructure Property Tax Sharing AgreementOPA/DDA/Construction 10/2/20009/30/2025Bella Terra Associates LLC Property Tax Sharing Agreement required under the terms of the Owner Participation Agreement (dated 10/2/2000) and Second Implementation Agreement (dated 9/17/2007) for the development of the Huntington Center (Bella Terra). Includes legal requirements to enforce obligation.Merged8,889,018 N $ 2,056,344 $ - 2,056,344 $ 2,056,344 Contract/Agreement Termination DateROPS 19-20 Total 19-20B (January - June) 19-20ATotal Huntington Beach Recognized Obligation Payment Schedule (ROPS 19-20) - ROPS DetailJuly 1, 2019 through June 30, 2020(Report Amounts in Whole Dollars)Item #Payee Description/Project Scope Project Area Total Outstanding Debt or Obligation Retired 19-20A (July - December) 19-20BTotal Project Name/Debt Obligation Obligation TypeContract/Agreement Execution Date Fund Sources Fund Sources 155
AB C DE F G HIJKLMNOPQRSTUVW Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Contract/Agreement Termination DateROPS 19-20 Total 19-20B (January - June) 19-20ATotal Huntington Beach Recognized Obligation Payment Schedule (ROPS 19-20) - ROPS DetailJuly 1, 2019 through June 30, 2020(Report Amounts in Whole Dollars)Item #Payee Description/Project Scope Project Area Total Outstanding Debt or Obligation Retired 19-20A (July - December) 19-20BTotal Project Name/Debt Obligation Obligation TypeContract/Agreement Execution Date Fund Sources Fund Sources 30 Bella Terra Phase II Property Tax Sharing AgreementOPA/DDA/Construction 10/4/2010 7/1/2036 Bella Terra Villas, LLC and Kane Ballmer BerkmanAgreement approved on October 4, 2010 for construction of a 467 mixed-use unit project. Construction is complete and financed by property tax allocations. Includes legal requirements to implement obligation.Merged14,810,550 N $ 1,274,128 $ - 1,274,128 $ 1,274,128 39 Legal expenses for Successor Agency compliance with AB 1x 26 and AB 1484 pursuant to Health and Safety Code Section 34171(d)(1)(F)Legal7/8/20127/8/2016Kane Ballmer & Berkman Legal expenses to ensure Successor Agency compliance with AB 1x 26 and AB 1484Merged and Southeast Coastal N $ - $ - $ - 40 Economic Analysis services related to Successor Agency compliance with AB 1x 26 and AB 1484 pursuant to Health and Safety Code Section 34171(d)(1)(F)Professional Services 6/15/2010 9/30/2017 Keyser Marston Economic Analysis consulting services to ensure Successor Agency compliance with AB 1x 26 and AB 1484Merged and Southeast Coastal N $ - $ - $ - 50 Enforcement of Successor Agency dissolution compliance and monitoring per AB 1X26 and AB1484Admin Costs 2/1/2012 11/26/2024 Successor Agency, Kane Ballmer, Keyser Marston, and Davis Farr P et alSuccessor Agency administrative obligations relating to maintaining payments on enforceable obligations and other activities as required by AB 1X26Merged and Southeast Coastal250,000 N $ 250,000 125,000 $ 125,000 125,000 $ 125,000 51 Successor Agency Property Maintenance FencingProperty Dispositions 11/1/2010 11/26/2024 S & S Fencing, A1 Fence Co., American Fence CompanyFencing to secure Successor Agency PropertyMerged N $ - $ - $ - 52 Successor Agency Property Maintenance - weed controlProperty Maintenance 11/1/2010 11/26/2024 TruGreen As needed weed abatement for Agency propertyMerged N $ - $ - $ - 53 Emerald Cove 2010 Series A Lease Revenue Refunding BondsBonds Issued On or Before 12/31/105/30/20109/1/2021US BankEmerald Cove 2010 Series A Lease Revenue Refunding Bonds Debt Service PaymentsMerged N $ - $ - $ - 54 Pacific City - Very Low Income UnitsOPA/DDA/Construction 10/16/200611/26/2024 Housing Authority Statutory housing obligation for Pacific City ProjectMerged6,500,000 N $ - $ - $ - 57 Bella Terra I Project Management Project Management Costs 2/1/201211/26/2024 City of Huntington Beach Project management direct cost for overseeing Bella Terra IMerged N $ - $ - $ - 58 Bella Terra II Project Management Project Management Costs 2/1/201211/26/2024 City of Huntington Beach Project management direct cost for overseeing Bella Terra 2Merged N $ - $ - $ - 59 CIM Project ManagementProject Management Costs 2/1/201211/26/2024 City of Huntington Beach Project management direct cost for overseeing CIM Merged N $ - $ - $ - 60 Bella Terra I Financial Analysis Project Management Costs 6/15/201011/26/2024 Keyser MarstonProject management direct cost for Financial analysis - Bella Terra IMerged N $ - $ - $ - 61 Bella Terra II Financial Analysis Project Management Costs 6/15/201011/26/2024 Keyser MarstonProject management direct cost for Financial analysis - Bella Terra IIMerged N $ - $ - $ - 62 CIM Financial AnalysisProject Management Costs 6/15/201011/26/2024Keyser MarstonProject management direct cost for financial analysis - CIMMerged N $ - $ - $ - 63 2002 Tax Allocation Refunding BondsBonds Issued On or Before 12/31/106/19/20028/1/2024Bank of New York Trust Co.Amount needed to fund shortfall in bond reserve accountMerged0 N $ - $ - $ - 64 Successor Agency Financial Statement AuditDissolution Audits11/4/201311/7/2019Davis Farr LLPStatutorily required annual financial statement audit of Successor Agency.Merged10,000 N $ 10,000 10,000 $ 10,000 $ - 66 Housing Authority Administrative Cost AllowanceAdmin Costs2/18/201411/26/2024 Housing Authority Housing Entity Administrative Cost Allowance per AP 471Merged N $ - $ - $ - 71 Housing Authority Administrative Cost AllowanceAdmin Costs2/18/201411/26/2024 Housing Authority Housing Entity Administrative Cost Allowance per AP 471Merged N $ - $ - $ - 75 Waterfront Hyatt Regency Hotel (Parcel 5), Waterfront Hilton Hotel/Parcel C (Parcel 6 and 7)Project Management Costs 2/17/19099/30/2033City of Huntington Beach Project Management Costs for City Manager (50 hours), Assistant City Manager (40 hours), Deputy Director of the Office of Business Development (176 hours), Director of Finance (25 hours) City Attorney (30 hours), Chief Assistant City Attorney (20 hours), and Project Manager (35 hours) to negotiate terms for the disposition of Successor Agency property under the LRPMP and draft various documents including Purchase and Sale AgreementMerged Y $ - $ - $ - 76 Waterfront Hyatt Regency Hotel (Parcel 5), Waterfront Hilton Hotel/Parcel C (Parcel 6 and 7)Project Management Costs 12/1/20159/30/2016HB StaffingProject Management Costs for Consultant to draft documents for the disposition of Successor Agency property under the LRPMP and prepare draft documentsMerged N $ - $ - $ - 77 Waterfront Hyatt Regency Hotel (Parcel 5), Waterfront Hilton Hotel/Parcel C (Parcel 6 and 7)Project Management Costs 7/8/20127/8/2016Kane Ballmer & Berkman Legal Costs for outside counsel to negotiate terms for the disposition of Successor Agency property under the LRPMP and draft various documents including Purchase and Sale AgreementMerged N $ - $ - $ - 78 Waterfront Hyatt Regency Hotel (Parcel 5), Waterfront Hilton Hotel/Parcel C (Parcel 6 and 7)Project Management Costs 6/15/20109/30/2017Keyser MarstonEconomic Analysis services to prepare financial analysis to negotiate terms for the disposition of Successor Agency property under the LRPMPMerged N $ - $ - $ - 90 Unfunded CalPERS Pension LiabilitiesUnfunded Liabilities 6/30/201111/26/2026 CalPERSUnfunded CalPERS pension obligation as per CalPERS actuarial valuation as of June 30, 2016Merged N $ - $ - $ - 156
AB C DE F G HIJKLMNOPQRSTUVW Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Contract/Agreement Termination DateROPS 19-20 Total 19-20B (January - June) 19-20ATotal Huntington Beach Recognized Obligation Payment Schedule (ROPS 19-20) - ROPS DetailJuly 1, 2019 through June 30, 2020(Report Amounts in Whole Dollars)Item #Payee Description/Project Scope Project Area Total Outstanding Debt or Obligation Retired 19-20A (July - December) 19-20BTotal Project Name/Debt Obligation Obligation TypeContract/Agreement Execution Date Fund Sources Fund Sources 91 Unfunded Supplemental Retirement LiabilitiesUnfunded Liabilities 9/30/2011 11/26/2026 US Bank Unfunded actuarial accrued liability as of September 30, 2013 as per actuarial valuation by Bartel Associates, LLC.Merged N $ - $ - $ - 92 Unfunded OPEB Liabilities Unfunded Liabilities 6/30/2011 11/26/2024 CalPERS/CERBT Unfunded actuarial accrued liability as of June 30, 2013 as per Bartel Associates, LLC.Merged N $ - $ - $ - 93 Land Sale Emerald Cove City/County Loan (Prior 06/28/11), Property transaction5/18/2009 10/1/2030 COHB Park A&D Fund Legally Binding Operative Agreement Principal Amount - $1,740,834, Interest Rates 3%, Debt Incurred on May 18, 2009Merged N $ - $ - $ - 94 Emerald Cove 2010 Series A Lease Revenue Refunding BondsCity/County Loan (Prior 06/28/11), Property transaction5/13/2010 9/1/2021 Huntington Beach Public Financing AuthorityEmerald Cove 2010 Series A Lease Revenue Refunding Bonds Debt Service PaymentsMerged N $ - $ - $ - 95 Huntington Center Redevelopment Plan developmentCity/County Loan (Prior 06/28/11), Property transaction6/9/2005 10/1/2030 City of Huntington Beach Land and Right-of-way acquisition costs connected with the Gothard-Hoover Extension project and development of a public storage facilityMerged N $ - $ - $ - 96 Main-Pier Redevelopment Project Phase IICity/County Loan (Prior 06/28/11), Property transaction9/10/2005 10/1/2030 City of Huntington Beach Costs incurred to acquire land within the Main-Pier project area for Phase II development projectsMerged N $ - $ - $ - 97 Development of Downtown Main-Pier project areaCity/County Loan (Prior 06/28/11), Property transaction6/4/1990 10/1/2030 City of Huntington Beach Costs incurred to acquire land within the Main-Pier project area to implement the construction of parking facilities within the Downtown Main-Pier areaMerged N $ - $ - $ - 98 Third Block West commercial/residential projectCity/County Loan (Prior 06/28/11), Property transaction6/18/2005 10/1/2030 City of Huntington Beach Relocation, property acquisition, and other project costs associated with the Third Block West Condominium/Retail/Office project in the Main-Pier Redevelopment project areaMerged N $ - $ - $ - 99 Second Block Alley and Street Improvement ProjectCity/County Loan (Prior 06/28/11), Property transaction6/10/2005 10/1/2030 City of Huntington Beach Property acquisition cost associated with the Second Block alley and street improvement projectMerged N $ - $ - $ - 100 Strand Project City/County Loan (Prior 06/28/11), Property transaction6/18/2005 10/1/2030 City of Huntington Beach Relocation costs paid to Wind and Sea Surf ShopMerged N $ - $ - $ - 101 Pierside Hotel/Retail/Parking Structure ProjectCity/County Loan (Prior 06/28/11), Property transaction5/15/199210/1/2030City of Huntington Beach Relocation costs paid to Terry's Coffee Shop and First Interstate BankMerged N $ - $ - $ - 102 Waterfront Commercial Master Site PlanCity/County Loan (Prior 06/28/11), Property transaction3/1/198910/1/2030City of Huntington BeachCosts related to the relocation, buyout, and demolition of Driftwood and Pacific Mobile Home Parks related to the Waterfront Commercial Master Site PlanMerged N $ - $ - $ - 103 Strand ProjectCity/County Loan (Prior 06/28/11), Property transaction10/19/199210/1/2030City of Huntington Beach Property acquisition costs associated with the Strand ProjectMerged N $ - $ - $ - 104 Operative Agreement for the Huntington Beach Redevelopment ProjectCity/County Loan (Prior 06/28/11), Other6/17/200210/1/2030City of Huntington Beach Loan repayment for advance made on capital projects in FY 2004/05Southeast Coastal N $ - $ - $ - 105 Unfunded CalPERS Pension LiabilitiesUnfunded Liabilities 6/30/201111/26/2026 CalPERSUnfunded CalPERS pension obligation as per CalPERS actuarial valuation as of June 30, 2016Merged3,438,056 N $ 276,108 138,054 $ 138,054 138,054 $ 138,054 106 Unfunded Supplemental Retirement LiabilitiesUnfunded Liabilities 9/30/201111/26/2026 US BankUnfunded actuarial accrued liability as of September 30, 2013 as per actuarial valuation by Bartel Associates, LLC.Merged217,239 N $ 95,658 47,829 $ 47,829 47,829 $ 47,829 107 Land Sale Emerald CoveCity/County Loan (Prior 06/28/11), Property transaction5/18/200910/1/2030COHB Park A&D Fund Legally Binding Operative Agreement Principal Amount - $1,740,834, Interest Rates 3%, Debt Incurred on May 18, 2009Merged 5,676,433 N $ 606,608 303,304 $ 303,304 303,304 $ 303,304 108 Emerald Cove 2010 Series A Lease Revenue Refunding BondsCity/County Loan (Prior 06/28/11), Property transaction5/13/20109/1/2021Huntington Beach Public Financing AuthorityEmerald Cove 2010 Series A Lease Revenue Refunding Bonds Debt Service PaymentsMerged 3,649,834 N $ 390,038 195,019 $ 195,019 195,019 $ 195,019 109 Huntington Center Redevelopment Plan developmentCity/County Loan (Prior 06/28/11), Property transaction6/9/200510/1/2030City of Huntington Beach Land and Right-of-way acquisition costs connected with the Gothard-Hoover Extension project and development of a public storage facilityMerged 1,880,405 N $ 200,948 100,474 $ 100,474 100,474 $ 100,474 110 Main-Pier Redevelopment Project Phase IICity/County Loan (Prior 06/28/11), Property transaction9/10/200510/1/2030City of Huntington Beach Costs incurred to acquire land within the Main-Pier project area for Phase II development projectsMerged 2,255,955 N $ 241,080 120,540 $ 120,540 120,540 $ 120,540 111 Development of Downtown Main-Pier project areaCity/County Loan (Prior 06/28/11), Property transaction6/4/199010/1/2030City of Huntington Beach Costs incurred to acquire land within the Main-Pier project area to implement the construction of parking facilities within the Downtown Main-Pier areaMerged 1,679,000 N $ 179,426 89,713 $ 89,713 89,713 $ 89,713 112 Third Block West commercial/residential projectCity/County Loan (Prior 06/28/11), Property transaction6/18/200510/1/2030City of Huntington Beach Relocation, property acquisition, and other project costs associated with the Third Block West Condominium/Retail/Office project in the Main-Pier Redevelopment project areaMerged 9,599,412 N $ 1,025,834 512,917 $ 512,917 512,917 $ 512,917 157
AB C DE F G HIJKLMNOPQRSTUVW Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Contract/Agreement Termination DateROPS 19-20 Total 19-20B (January - June) 19-20ATotal Huntington Beach Recognized Obligation Payment Schedule (ROPS 19-20) - ROPS DetailJuly 1, 2019 through June 30, 2020(Report Amounts in Whole Dollars)Item #Payee Description/Project Scope Project Area Total Outstanding Debt or Obligation Retired 19-20A (July - December) 19-20BTotal Project Name/Debt Obligation Obligation TypeContract/Agreement Execution Date Fund Sources Fund Sources 113 Second Block Alley and Street Improvement ProjectCity/County Loan (Prior 06/28/11), Property transaction6/10/2005 10/1/2030 City of Huntington Beach Property acquisition cost associated with the Second Block alley and street improvement projectMerged 158,450 N $ 16,932 8,466 $ 8,466 8,466 $ 8,466 114 Strand ProjectCity/County Loan (Prior 06/28/11), Property transaction6/18/200510/1/2030City of Huntington Beach Relocation costs paid to Wind and Sea Surf ShopMerged 58,650 N $ 6,268 3,134 $ 3,134 3,134 $ 3,134 115 Pierside Hotel/Retail/Parking Structure ProjectCity/County Loan (Prior 06/28/11), Property transaction5/15/199210/1/2030City of Huntington Beach Relocation costs paid to Terry's Coffee Shop and First Interstate BankMerged 255,660 N $ 27,320 13,660 $ 13,660 13,660 $ 13,660 116 Waterfront Commercial Master Site PlanCity/County Loan (Prior 06/28/11), Property transaction3/1/198910/1/2030City of Huntington Beach Costs related to the relocation, buyout, and demolition of Driftwood and Pacific Mobile Home Parks related to the Waterfront Commercial Master Site PlanMerged 38,199,846 N $ 4,082,201 2,041,100 $ 2,041,100 2,041,101 $ 2,041,101 117 Strand ProjectCity/County Loan (Prior 06/28/11), Property transaction10/19/199210/1/2030City of Huntington Beach Property acquisition costs associated with the Strand ProjectMerged 7,859,434 N $ 839,896 419,948 $ 419,948 419,948 $ 419,948 118 Operative Agreement for the Huntington Beach Redevelopment ProjectCity/County Loans On or Before 6/27/116/17/200210/1/2030City of Huntington Beach Loan repayment for advance made on capital projects in FY 2004/05Southeast Coastal 283,211 N $ 30,264 15,132 $ 15,132 15,132 $ 15,132 119 N $ - $ - $ - 120 N $ - $ - $ - 121 N $ - $ - $ - 122 N $ - $ - $ - 123 N $ - $ - $ - 124 N $ - $ - $ - 125 N $ - $ - $ - 126 N $ - $ - $ - 127 N $ - $ - $ - 128 N $ - $ - $ - 129 N $ - $ - $ - 158
AB CDEFGH Reserve Balance Other Funds RPTTF Bonds issued on or before 12/31/10 Bonds issued on or after 01/01/11 Prior ROPS RPTTF and Reserve Balances retained for future period(s) Rent,Grants,Interest, etc. Non-Admin and Admin 1Beginning Available Cash Balance (Actual 07/01/16)RPTTF amount should exclude "A" period distribution amount17,006 701,766 36,705 2Revenue/Income (Actual 06/30/17) RPTTF amount should tie to the ROPS 16-17 total distribution from the County Auditor-Controller 133,286 7,264,959 3Expenditures for ROPS 16-17 Enforceable Obligations (Actual 06/30/17)234,628 7,240,950 4Retention of Available Cash Balance (Actual 06/30/17) RPTTF amount retained should only include the amounts distributed as reserve for future period(s)5ROPS 16-17 RPTTF Prior Period AdjustmentRPTTF amount should tie to the Agency's ROPS 16-17 PPA form submitted to the CAC24,009 6 Ending Actual Available Cash Balance (06/30/17)C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) 0$ 0$ 17,006$ 600,424$ 36,705$ No entry requiredHuntington Beach Recognized Obligation Payment Schedule (ROPS 19-20) - Report of Cash Balances July 1, 2016 through June 30, 2017(Report Amounts in Whole Dollars)Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see Cash Balance Tips Sheet.Fund SourcesComments Bond Proceeds ROPS 16-17 Cash Balances(07/01/16 - 06/30/17)159
City of Huntington Beach
File #:18-626 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Gilbert Garcia, Chief Financial Officer
Subject:
Adopt Ordinance No. 4148 adding Chapter 10.50 to the Code, both relating to On-Street
Parking Meter Zones and Off-Street City Parking Lots
Approved for introduction December 17, 2018 - Vote: 7-0
Statement of Issue:
As we look ahead to FY 2019-20 and beyond budget development, we expect deficits in the base
budget as a result of rising costs, notably those associated with retirement benefits. Consequently,
one of the City Council’s Strategic Objectives for 2018 is to “conduct a City Council Study Session on
budget balancing options, including looking at current revenue sources, potential new revenue
options and sale of surplus property.” A study session was held on May 7, 2018, in which staff
presented the City Council with a wide range of budget balancing options. At that study session, the
City Council referred the item to the Finance Commission for follow-up and recommendations. At the
regularly scheduled Finance Commission meetings on May 23, 2018, June 27, 2018, July 25, 2018,
and November 14, 2018, proposed budget balancing options were reviewed and discussed. At the
City Council Study Session on August 6, 2018, the Finance Commission presented its
recommendations for both revenue and budget reduction options. Based on the recommendations of
the Finance Commission and feedback from the City Council during study sessions and the Council
Meeting held November 5, 2018, staff recommends the following actions:
(1) Adjust the Citywide Master Fee and Charges Schedule to increase certain fees to 100 percent
cost recovery and increase other fees to achieve a higher rate of cost recovery;
(2) Adjust parking meters to a single year round rate and remove seasonal changes; and
(3) Adjust fines for certain parking citations.
Financial Impact:
Citywide Master Fee and Charges Schedule:Citywide user fees and charges generate
approximately $19.7 million in annual revenue across all funds, with $18.5 million in the General
Fund. In the Adopted General Fund Budget of $226.4 million for FY 2018/19, this represents
approximately eight percent of total General Fund revenue. The monies generated by City-wide user
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approximately eight percent of total General Fund revenue. The monies generated by City-wide user
fees and charges support a wide range of City services, including public safety. If adopted as
proposed by staff, the updated Schedule may generate up to $269,500 in additional General Fund
revenue.
Parking Meter Rates:Parking Meters currently generate approximately $3.1 million in General Fund
revenue. Metered parking rates are $1.75 per hour during the peak season (May 1 through Labor
Day) and $1.50 per hour during the off-peak season. Changing the parking rates to $2.00 year round
may generate an additional $600,000 in revenue annually.
Parking Citations:Parking Citations currently generate approximately $3.6 million in revenue. The
proposed changes may generate up to $243,000 in additional General Fund revenue annually.
Recommended Action:
Adopt Ordinance No. 4148, “An Ordinance of the City of Huntington Beach Amending Huntington
Beach Municipal Code Chapters 10.04, 10.52, 10.56, 10.60 and 10.68, and Adding Chapter 10.50 to
the Code, Both Relating to On-Street Parking Meter Zones and Off-Street City Parking Lots.”
Alternative Action(s):
Do not approve the recommended actions and direct staff accordingly.
Analysis:
Citywide Master Fee and Charges Schedule:Local government operations are primarily funded
from taxes, user fees and charges, fines, and grants. The City of Huntington Beach charges fees for
providing various services and programs to residents, businesses operating in the City, and visitors.
These fees include providing cultural and recreational activities, issuing business permits, activating
residential water and sewer accounts, and many other services.
In some cases, fees are charged at full-cost recovery for providing services. In other cases, fee
recovery is less than 100 percent, which can be due either to market conditions, government-
mandated caps or the recognized benefit of subsidizing certain programs to the community.
Pursuant to Proposition 26, service fees cannot exceed the City’s cost to provide the service.
Revenue received from fees is deposited into the applicable funds to establish fees based on full-cost
recovery. In order to establish fees, it is necessary to first determine the cost of services. To ensure
appropriate fee amounts are being assessed, the City employed NBS, a professional fee study and
cost allocation plan consultant. Based on the results of that study, the City Council reviewed and
approved adjustments to multiple fees and created a Consolidated Master Fee and Charges
Schedule on November 7, 2016.
The Schedule was subsequently amended in accordance with Resolution Nos. 2017-46, 2018-01,
2018-29, and 2018-48. If the Master Fee and Charges Schedule is amended as proposed, General
Fund revenue could increase by $269,500 and Automation Fund revenue could increase by $65,000,
as detailed below:
Department Description of Fees/Charges
Projected
Revenue
Increase
Cost Recovery
Current
Cost Recovery
Projected
Community Annual Beach Parking Pass 5,000$ N/A N/A
Services Room Rentals 13,000 N/A N/A
Specific Events Charges 57,000 N/A N/A
Special Events Charges 10,000 N/A N/A
Specific Events Application Fee 2,000 44%50%
Finance Processing Fees 40,000 89%100%
Utility Customer Set-up Fee 13,000 91%100%
Massage and Entertainment Permits 12,500 47%57%
Fire Fire Inspection and Review Fees, Special
Events Marine Safety, Sand Crab 103,000 70%85%
Library Room Rentals 10,000 N/A N/A
Public Works Construction Plan Review 4,000 80%100%
TOTAL PROJECTED REVENUE INCREASE - GENERAL FUND 269,500$ 74%75%
Info Svcs Automation Fee 65,000 57%68%
TOTAL PROJECTED REVENUE INCREASE - ALL FUNDS 334,500$ 74%75%
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Department Description of Fees/Charges
Projected
Revenue
Increase
Cost Recovery
Current
Cost Recovery
Projected
Community Annual Beach Parking Pass 5,000$ N/A N/A
Services Room Rentals 13,000 N/A N/A
Specific Events Charges 57,000 N/A N/A
Special Events Charges 10,000 N/A N/A
Specific Events Application Fee 2,000 44%50%
Finance Processing Fees 40,000 89%100%
Utility Customer Set-up Fee 13,000 91%100%
Massage and Entertainment Permits 12,500 47%57%
Fire Fire Inspection and Review Fees, Special
Events Marine Safety, Sand Crab 103,000 70%85%
Library Room Rentals 10,000 N/A N/A
Public Works Construction Plan Review 4,000 80%100%
TOTAL PROJECTED REVENUE INCREASE - GENERAL FUND 269,500$ 74%75%
Info Svcs Automation Fee 65,000 57%68%
TOTAL PROJECTED REVENUE INCREASE - ALL FUNDS 334,500$ 74%75%
Community Development Fees and Charges - There are a number of fees and charges associated
with services rendered by the Community Development Department. Under the California
Environmental Quality Act (CEQA) the City is required to review projects that require discretionary
review and determine and disclose any environmental impacts associated with that project.
Currently, a flat fee is collected for all types of environmental documents, as prescribed in the Master
Fee Schedule, with the exception of an Environmental Impact Report (EIR). The current fee
schedule prescribes a deposit methodology where the City contracts with an environmental review
firm to prepare the EIR and the applicant pays the actual cost of the service plus a flat amount to
cover staff’s time to administer the contract.
Staff desires to utilize the current EIR deposit methodology for the preparation of all environmental
documents. Staff currently prepares all non-EIR environmental documents in-house. This work
consumes approximately 15-20% of planning staff time. The applicants are paying a flat fee, as
established in the NBS fee study, to cover the costs incurred to provide this service. These fees are
established in a manner that ends up averaging the cost so that smaller projects are typically
subsidizing larger projects. By moving to a deposit methodology, each applicant will pay the actual
costs for this service associated with their project. This methodology allows staff the ability to
contract for this service, thus freeing staff time to assist applicants, particularly homeowners and
small businesses that do not frequently go through the entitlement and permit process.
The deposit methodology also enables staff to continue to do the environmental review in-house if
the economy slows and the volume of work goes down. If the staff resources are available, staff can
conduct the reviews in-house and continue to provide a high-touch customer experience for
applicants. Staff is recommending the deposit approach for all environmental review. Most cities
contract out this function and therefore there are a number of qualified firms to provide this service. It
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contract out this function and therefore there are a number of qualified firms to provide this service. It
also provides flexibility to effectively manage and balance resources with the goal of providing a
superior customer experience.
Staff is proposing to eliminate the flat fee for the non-EIR environmental review services and move to
a deposit methodology based on a time and material basis, including staff time to administer the
contracts. The hourly staff rates provided in the Master Fee Schedule will be utilized for determining
the staff cost to administer the contract or to prepare the environmental document if done in house.
Staff will estimate the hours necessary to oversee the contract and provide the estimated cost of staff
time along with the actual fee proposal from the consultant (when the environmental review is
outsourced) so that the applicant will have a reasonable idea of the costs associated with the
environmental review.
Section 21089 of the Public Resource Code allows the City, as a lead agency, to charge and collect a
reasonable fee for the preparation of environmental documents. No additional information related to
the amount of the fee or the noticing procedures is provided. However, pursuant to Government
Code Section 65104, any fees established to support the work of a planning agency shall not exceed
the reasonable cost of providing the service and shall impose the fees pursuant to Government Code
Section 66016. Government Code Section 66016 requires the matter to be considered at a regularly
scheduled meeting at which oral and written presentations can be made.
The data required by Government Code Section 66016 includes the estimated cost to provide the
service and the revenue sources anticipated to provide the service. The estimated cost will vary
depending on the complexity of the environmental document being prepared. Under the deposit
methodology, the applicant will never pay more than the actual cost to provide the service and the
service will be funded directly through the applicant’s deposit.
Community Services Fees and Charges - Certain charges for recreation/cultural programs collected
by the Community Services Department are not limited to the cost of service, and are set at the City’s
discretion. After a review of current charges, staff is recommending rate increases for oversized
vehicle and disabled placard passes, room rental hourly rates, specific and special events, as well as
parking meter hourly rates as described below.
Annual Beach Parking Pass for oversized vehicles (up to 40 feet in length):Increase from $225 to
$300, since the standard annual beach vehicle pass is $150 and oversized vehicles take up two
parking spaces. In addition, staff is proposing to increase the Disabled Parking Placard Pass from
$50 to $75 to match the Senior Pass rate.
Community Centers and Newland Barn Room Rentals:Staff is proposing a $5/hour room rental rate
increase at the Community Centers, as well as a $5/hour to $10/hour increase at Newland Barn.
Special Events:Staff recommends increasing the Day Use rate for Special Events, as well as
expanding the rate categories to differentiate between Huntington Beach Nonprofit organizations,
Non-Huntington Beach Nonprofit organizations, Residents, Nonresidents, and Commercial entities. In
addition, staff is recommending to change the existing set-up/take down rate from a flat $75 to a
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range between $187 to $275 per day.
Special Events are the City’s smaller events that are permitted solely by the Community Services
Department. Special Events do not require the collaboration of multiple departments in order to host
the event. Examples of these types of events include such things as local surf contests, weddings, or
smaller tournaments. Event revenue sources include three different types of fees/charges:
1) Application fees,
2) Day Use Charges for the use of the city’s property, and,
3) Staffing reimbursement charges for direct costs associated with the event itself (such as
lifeguard services for surf contests). Parking charges may also apply.
The complete listing of current and proposed rates associated with these Special Events is shown
below:
Application Fee
All Types 110$ All Types 110$
Day Use Charges
Nonprofit 375$ HB Nonprofit 375$
Resident 400
Non HB Nonprofit 425
Commercial/Standard 500 Nonresident 500
(rate also includes individuals)Commercial 550
Modified Day Use Charges
Min. Participants (less than 20)No charge Min. Participants (less than 20)No charge
Min. Hours/Use (less than 3 hours)325$ Min. Hours/Use (less than 3 hours)325$
Daily Set-up/Take Down Charges
All Types (flat rate)75$ HB Nonprofit 187$
Resident 200
Non HB Nonprofit 212
Nonresident 250
Commercial 275
* Proposed Set-up and Take Down rates are 50% of proposed Day Use rates.
Special Event Rates
Current Proposed
For Day Use Charges, staff is recommending the expansion of Special Event categories to include
Huntington Beach Nonprofits, Non-Huntington Beach Nonprofits, Resident, and Nonresident
categories, in place of the current two-rate structure of Nonprofit and Commercial/Standard. The
charge to local nonprofit organizations will remain the same at $375. Under the proposed new fee
structure, residents will realize a $100 savings as their rate decreases from $500 to $400.
Staff is also recommending the implementation of a new set-up/take down daily charge for staging
and breaking down an event. Staff believes that the implementation of set-up/take down daily
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and breaking down an event. Staff believes that the implementation of set-up/take down daily
charges will provide an incentive for groups to mobilize efficiently, thereby freeing up the space as
quickly as possible. This methodology is consistent with other facility rental charges, which are
calculated based on the length of time the space is reserved, rather than the duration of the actual
event. As noted above, the proposed set-up and take down rates are 50% of the proposed day use
charges.
Comparisons to other cities are difficult as the methodologies used by each jurisdiction in calculating
these charges varies; however, the City of Newport Beach has an overall range of $481-$1,216 for
similar types of events. Long Beach and Hermosa Beach both charge set-up and take down fees
ranging from $155-$510 per day. In addition, no other city surveyed provides discounts to nonprofit
agencies.
Specific Events:Staff recommends increasing Application Fees and Day Use charges, as well as
expanding the rate categories to differentiate between Huntington Beach and Non-Huntington Beach
Nonprofit Organizations, as shown in the table below. A new set up/take down daily charge for
Specific Events is also recommended.
Specific Events are the City’s major events that require the collaboration and staffing of multiple
departments and outside agencies in order to host the event, such as the US Open, HB Air Show,
and Surf City Marathon. Per Municipal Code Chapter 13, events that fall into this category must be
reviewed and recommended for approval by the Specific Events Committee.
Revenue streams are similar to Special Events and include the same three different types of
fees/charges:
1) Application fees based on the estimated number of attendees (greater or less than 2,000),
2) Daily Use Charges for the use of the city’s property, and
3) Staffing reimbursement charges for direct costs associated with the event itself (such as
lifeguard services for surf contests). Parking charges may also apply.
The complete listing of current and proposed rates associated with Specific Events is listed below.
Application Fee
Under 2,000 estimated attendance 200$ Under 2,000 estimated attendance 225$
Over 2,000 estimated attendance 400 Over 2,000 estimated attendance 450
Daily Use Charges
Nonprofit 600$ HB Nonprofit 650$
Non HB Nonprofit 1,000
Commercial/Standard 1,200$ Commercial 1,350$
Daily Set-up/Take Down Charges
All Types No charge HB Nonprofit 325$
Non HB Nonprofit 500
Commercial 675
* Proposed Set-up and Take Down rates are 50% of proposed Daily Use rates.
Specific Event Rates
Current Proposed
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Application Fee
Under 2,000 estimated attendance 200$ Under 2,000 estimated attendance 225$
Over 2,000 estimated attendance 400 Over 2,000 estimated attendance 450
Daily Use Charges
Nonprofit 600$ HB Nonprofit 650$
Non HB Nonprofit 1,000
Commercial/Standard 1,200$ Commercial 1,350$
Daily Set-up/Take Down Charges
All Types No charge HB Nonprofit 325$
Non HB Nonprofit 500
Commercial 675
* Proposed Set-up and Take Down rates are 50% of proposed Daily Use rates.
Specific Event Rates
Current Proposed
Staff is recommending increasing Application Fees to $225 and $450 in order increase cost recovery
from 44% to 50%. Application fees for Specific Events are higher than those for Special Events due
to the increased staff time associated with these types of events.
For Day Use charges, staff is recommending breaking out nonprofit charges into the two categories
of Huntington Beach and Non-Huntington Beach Nonprofits. Staff is also recommending slight
increases to the charges, which are set at the discretion of the City. By implementing set-up and take
down charges, there will be a greater incentive to expedite the set-up and take up of events. Due to
the complexity and nature of these major events, no separate rates are needed for Resident and
Nonresident categories since individuals do not file applications for Specific Event permits. As
previously mentioned, no other city surveyed provides discounts to nonprofit agencies for Special or
Specific events.
As with Special Events, staff is also recommending the implementation of a new set-up/take down
daily charge for staging and breaking down an event. In FY 2016/17, the total number of set-up days
was 94 compared to 91 actual event days. Attachment 2 provides a comprehensive summary of
event and set-up/take-down days for Special and Specific Events. By implementing set-up and take
down charges, there will be a greater incentive to expedite the set-up and take down of events. As
noted above, the proposed set-up and take down rates are 50% of the proposed daily use charges.
Hourly Parking Meter Rates:Staff conducted a review of surrounding beach cities, including Newport
Beach, Laguna Beach, Long Beach, and Seal Beach and proposes changing the metered parking
rate to $2.00 per hour, year round. The current peak season hourly rate is $1.75 and is in effect from
May 1
st through Labor Day. The off-peak season hourly rate is $1.50 and has been in place for over
15 years. The proposed rate is comparable to rates at surrounding beach cities. The projected
General Fund revenue increase of up to $600,000 also assumes the purchase of more efficient, user-
friendly replacement pay stations and other parking equipment designed to increase parking
efficiencies.
The ordinances pertaining to on-street and off-street parking lots have been reorganized in
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The ordinances pertaining to on-street and off-street parking lots have been reorganized in
conjunction with the proposed hourly parking meter rate increase. Off-street parking lots which have
previously been included in the Huntington Beach Municipal Code (such as the Pier Plaza lots north
and south of the pier, the lots located on the blufftop north of Goldenwest Street, the new lot located
at 1
st/Atlanta, and the Warner lot) will be transferred from the City’s Municipal Code to the Citywide
Master Fee and Charges Schedule. On-street parking meter zones (such as the business zone
located in the downtown area, the residential zone, as well as Pacific Coast Highway, and Beach
Blvd.) will remain in the City’s Municipal Code as on-street parking meter rates must be set by
ordinance per California State Law.
This reorganization of rates is required in order to have all hourly parking rates for off-street lots in
the Citywide Master Fee and Charges Schedule. Currently the rates for the Main Promenade
Parking Structure, the south beach lots (between Beach Blvd. and 1
st Street), the Sunset Vista RV
Campground, and the Huntington Central Park Sports Complex are included in the Citywide Master
Fee and Charges schedule. Moving the remaining off-street lots to the Master Fee and Charges
Schedule will keep all the off-street lot rates together and provide for more efficient, consistent
changes as needed in the future.
Other administrative changes pertaining to the proposed ordinances include codifying the
establishment of off-street parking lots and correcting the parking meter zones to include only on-
street parking meter zones.
Finance Fees - Fees collected by the Finance Department represent charges to recover the cost of
City services such as business permits, parking citations, and water billing. The proposed increase
in credit card convenience and parking citation processing fees to $3.28 would bring these fees to
100 percent cost recovery.
Entertainment Permits:The permitting process for Entertainment Permits is completed pursuant to
Chapter 5.44 of the Huntington Beach Municipal Code. The staff time involved with the certification
process includes Finance and Police staff time to ensure the business conforms with applicable
zoning requirements, completing background investigations pursuant to the requirements of the
ordinance, and issuing printed permits as well as other official documents.
Massage Establishment Permits:The permitting process for massage Establishment Registration
Certificates is completed pursuant to Chapter 5.24 of the Huntington Beach Municipal Code. The
Finance and Police staff time involved with the certification process includes ensuring that the
business is not within 1,000 feet of another massage establishment, completing background
investigations pursuant to the requirements of the ordinance, and issuing printed permits as well as
other official documents.
The intent of requiring the permit is to ensure that law-abiding operators are able to conduct business
within the City. The permitting program makes it difficult for bad actors to establish and operate
businesses in the City. The program has successfully resulted in a significant decrease in illegal
operators.
Special Business Permits Overview: These types of permits are required by the Police Department
for certain types of business activities such as live entertainment, fortune telling, and massage. Fees
for these types of permits are determined by the cost of the staff time used to process the permits.
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for these types of permits are determined by the cost of the staff time used to process the permits.
The detailed cost breakdown by staff type is listed below:
Special Business Permits $ Hours $ Hours $ Hours
Entertainment Permit - new [1]197$ 1.50 417$ 2.00 258$ 2.50 878$ 285$ 402$ 41.1%
Entertainment Permit - renewal [1]197$ 1.50 417$ 2.00 258$ 2.50 878$ 285$ 402$ 41.1%
Entertainment Permit- change of
location/name [1]131$ 1.00 104$ 0.50 52$ 0.50 289$ 149$ 177$ 18.8%
Entertainment Permit- conceptual [1]197$ 1.50 624$ 3.00 362$ 3.50 1,191$ 485$ 625$ 28.9%
Fortune Teller Permit - initial [1]99$ 0.75 104$ 0.50 103$ 1.00 308$ 265$ 273$ 3.0%
Fortune Teller Permit - renewal [1]99$ 0.75 104$ 0.50 103$ 1.00 308$ 265$ 273$ 3.0%
Fortune Teller Permit - change of
location/name [1]99$ 0.75 103$ 0.50 52$ 0.50 256$ 149$ 170$ 14.1%
Massage Establishment Registration
Certificate - initial / add partner 329$ 2.50 208$ 1.00 310$ 3.00 854$ 495$ 565$ 14.1%
Massage Establishment Registration
Certificate - renewal [1]329$ 2.50 208$ 1.00 310$ 3.00 854$ 495$ 565$ 14.1%
Massage Establishment Registration
Certificate - change of location/name/removal
of partner [1]197$ 1.50 104$ 0.50 52$ 0.50 356$ 149$ 190$ 27.5%
Massage Independent Registration Certificate-
renewal 263$ 2.00 208$ 1.00 310$ 3.00 787$ 115$ 200$ 73.9%
Massage Independent Registration Certificate-
change of location/name 131$ 1.00 104$ 0.50 52$ 0.50 289$ -$ 60$ N/A
1 Full cost recovery for these fees will be phased in over a five-year period.
Staff Costs by Department
Proposed
Fee
Percent
Increase
Finance
Police
(Sworn)
Police
(Nonsworn)Full Cost
Recovery
Current
Fee
Staff recommends phasing in fee increases for Special Business Permits related to entertainment,
fortune tellers, and massage establishments over a five-year period that would ultimately bring these
fees to 100 percent cost recovery. Special Business Permits related to all other business types are
currently at full cost recovery. The first year of proposed increases to Business Permits would bring
the average cost recovery for these fees from 47% to 57%. Attachment 3 lists massage and
entertainment fees currently assessed by six surrounding cities as of November 2018.
Fire Fees - Fees represent charges to recover costs of City services pertaining to life safety and
valuation based inspections for building permits, State mandated inspections for high rise inspections
and large family day care centers, and an increase in certain Marine Safety fees.
Inspection and Plan Review Fees:These inspections and plan checks focus on compliance with the
California Fire Code and Chapter 17.56 of the Huntington Beach Municipal Code, which provide for
the safeguarding of life and property from fire and explosion hazards through the review and
inspection of plans, buildings, and Special and Specific Events for compliance with proper exiting,
hazardous materials storage and handing, fire sprinklers, and other fire-related regulations. Fire
Prevention Inspectors and personnel assigned to fire stations (i.e., Firefighters, Paramedics, Fire
Engineers, and Fire Captains) perform these inspections. The time required to complete these
inspections ranges from 30 minutes (for small occupancies) to over six hours for high-rise buildings.
Fire Protection Analysts perform the plan checks, which ranges from 45 minutes (for small projects)
to upwards to 20 hours to complete (for Specific Events such as the U.S. Open of Surfing). The
proposed fee increases would bring the average cost recovery for the fees from 60% to 82%.
Marine Safety Fees:The Marine Safety hourly rate fee recovers costs for Marine Safety staff
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Marine Safety Fees:The Marine Safety hourly rate fee recovers costs for Marine Safety staff
activities related to Special and Specific Events, such as the Air Show, Surf City Marathon, and U.S.
Open of Surfing.This fee is paid by the promoters of the events and is based on the hourly
rates for Marine Safety Officers and Ocean Lifeguard IIIs, who provide area closures, beach
safety and oversight of the event areas. During FY 2016/17, over 2,000 hours were billed for
these services. The proposed fee would increase cost recovery from 54% to 60%. The
City’s Sand Crab Program introduces 6-8 year olds to the beach and ocean environment, in
preparation for future participation in the Junior Lifeguard Program. It is staffed by Junior
Lifeguard Program Instructors and consists of two sessions per week for six weeks. During
2018, the first year of the program, the program had 137 participants.
Information Services Fee - The Technology Automation Fee is a five percent charge on all user fee
services that utilize the City’s land management software systems. The fee recovers the cost of
annual maintenance and update of the software system, as well as some staff resources. Staff
recommends an increase to six percent, in order to increase cost recovery from 57 to 68 percent
while keeping the fee sustainable.
Public Works Fee - The dock construction plan review and inspection fee recovers costs of City
services to review plans for conformance with City, State, and other local agency regulations as well
as staff resources required to inspect dock construction for structural soundness and adherence to
wharf regulations. Staff is proposing an increase to this fee in order to achieve 100 percent cost
recovery.
Library Charges - Charges for the rental of the Theater and meeting room spaces at the Central
Library are not limited to the cost of service, and are set at the discretion of the City. The practice of
supporting cultural and educational programs allows for the continued provision of affordable cultural
services to the residents of Huntington Beach, while maintaining consistency with current market
rates for similar services in neighboring cities. Charges for the larger meeting rooms and Theater are
being increased to make costs more consistent with other services, while keeping the rates within the
range of other community meeting spaces in Orange County. The increases are minimal and should
have limited impact on potential clients.
Parking Citations:Staff conducted a review of parking citation rates for 13 nearby surrounding
cities, including Newport Beach, Garden Grove, and Fountain Valley (see Attachment 5). The Uniform
Bail Schedule includes many types of violations and fines; however, staff proposes increases for
street sweeping, expired registration, and 72-hour violations in order to bring these fines in line with
the average of the other cities surveyed. If adopted, the anticipated increase in General Fund
revenue of $243,000 is summarized below:
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File #:18-626 MEETING DATE:1/22/2019
Environmental Status:
Not applicable.
Strategic Plan Goal:
Improve quality of life
Enhance and Maintain Infrastructure
Strengthen Economic and Financial Sustainability
Enhance and Maintain Public Safety
Enhance and Maintain City Service Delivery
Attachment(s):
1. Resolution No. 2018-55, “A Resolution of the City Council of the City of Huntington Beach
Amending the Fees and Charges for Entrance to or Use of City Property, Fees and Charges
Collected by the Community Services, Finance, Fire, Information Services, and Public Works
Departments, and the Fees for Environmental Review, All as Established Pursuant to
Resolution Nos. 2016-59, 2017-46, 2018-01, 2018-29 and 2018-48 which Established A
Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee
Resolution No. 7)”
2. Summary of Special and Specific Event Fees
3. Entertainment and Massage Permit Fee Survey conducted November 2018
4. Resolution No. 2018-83, “A Resolution of the City Council of the City of Huntington Beach
Adopting An Amended Uniform Bail Schedule for Parking Violations”
5. Parking Citations Survey conducted April 2018
6. Ordinance No. 4148, “An Ordinance of the City of Huntington Beach Amending Huntington
Beach Municipal Code Chapters 10.04, 10.52, 10.56, 10.60 and 10.68, and Adding Chapter
10.50 to the Code, Both Relating to On-Street Parking Meter Zones and Off-Street City
Parking Lots”
7. Legislative Draft of Ordinance No. 4148
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ATTACHMENT 1171
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SPECIAL EVENTS‐DESCRIPTION1. Smaller Events on Beach (surf contests, volleyball tournaments, soccer, weddings, etc)2. Most events involve Community Services Department Only (exception Surf Contest‐lifeguards)3. Event is not approved by Specific Events Committee4. Event is permitted by Community Services Parking/Camping 5. Event Revenue Sources: Application Fee/Day Use Charges/Set‐up Take Down (Lifeguard reimbursement as needed)CURRENT ‐ APPLICATION (PERMIT) FEEPROPOSED‐ APPLICATION (PERMIT) FeeAmountAmountApplication Fee$110Application Fee$110(No Change)CURRENT ‐ DAY USE CHARGESPROPOSED ‐ DAY USE CHARGESAmountAmount# DaysNonprofit$375HB Nonprofit$375 26Commercial/Standard$500Resident$400 2(individuals would now fall under this rate)Non HB Nonprofit$425 29Nonresident$500 6Commercial$550 96159CURRENT ‐ MODIFIED DAY USE CHARGESPROPOSED ‐ MODIFIED DAY USE CHARGESAmountAmount# DaysMinimum ParticipantsNo ChargeMinimum ParticipantsNo Charge 12Less than 20 participants with no professional contracted services associated withNo Changeevent. These events do not require additional staff time or city services. Theseevents do not impact the beach public in any way.Minimum Hours/Use$325Minimum Hours/Use$325 2Less than 3 hours with 20‐50 participants that do not require any set‐upNo Changeand do not require additional staff time or city services. These events shouldnot impact the beach public in any way.CURRENT‐SET‐UP CHARGEPROPOSED‐SET‐UP/TAKE DOWN AmountAmount# DaysAll Groups$75HB Nonprofit $187 8Resident$200 0Non HB Nonprofit$212 3Nonresident$250 0Commercial$275 516* 50% of Daily Rates178
SPECIFIC EVENTS ‐ DESCRIPTION1. Major Events involving collaboration from multiple departments (U.S. Open, Air Show, Surf City Marathon, etc.) on public property2. Specific Events Committee (HB Municipal Code Chapter 13) recommends approval or denial3. Event is permitted by Community Services Department4. Event Revenue Sources: Application Fee/Day Use Charges/Set‐up Take Down/Staff ReimbursementCURRENT ‐ APPLICATION (PERMIT) FEEPROPOSED‐ APPLICATION (PERMIT) FeeAmountAmount# PermitsUnder 2,000 estimated overall attendance $200Under 2,000 estimated attendance$225 52Over 2,000 estimated overall attendance$400Over 2,000 estimated overall attendance $450 1668CURRENT ‐ DAY USE CHARGESPROPOSED ‐ DAY USE CHARGESAmountAmount# DaysNonprofit$600HB Nonprofit$650 26Commercial/Standard$1,200Non HB Nonprofit$1,000 12Commercial$1,350 5391CURRENT‐SET‐UP/TAKE DOWN DAILY CHARGESPROPOSED‐SET‐UP/TAKE DOWN DAILY CHARGESAmountAmount# DaysAll GroupsNo ChargeHB Nonprofit$325 14Non HB Nonprofit$500 8Commercial$675 7294* 50% of Daily Rates179
Fee Description Recommended Fee for Huntington BeachAnaheim Costa Mesa Fountain Valley Long Beach Newport Beach Santa AnaEntertainment Permit (New)$402.00 $313.00; Planning Permit Fee$675.00; Public Entertainment Permit$3,465.00; Conditional Use Permit (CUP)$3,025.00; Modification to CUP $1,359.00; Entertainment w or w/o Dancing $648.00; Entertainment Retail Business $154.00 Entertainment Permit + $764 Operators Permit$728.58; Land Use Certificate Permit for Live Entertainment Entertainment Permit (Renewal)$402.00 N/A$675.00; Public Entertainment Permit N/A$322.00; Entertainment w/o Dancing $1,120.00; Entertainment w/ Dancing $322.00; Entertainment Retail Business$0; Lifetime but non‐transferable$728.58; Land Use Certificate Permit for Live Entertainment Entertainment Permit‐ Change of Location/Name$177.00 $313.00; Planning Permit FeeN/AN/AN/A; Change of address or owner requires new app & feesN/AN/AEntertainment Permit‐ Conceptual$625.00 N/AN/AN/AN/AN/AN/AMassage Establishment Registration Certificate (Initial/Add Partner)$565.00 $313.00; Initial$300.00; Add Partner$315.00; Massage Establishment Permit$492.00; Initial$374.00 Addt'l Owner(Does not include fingerprint fee) $980.00 $502.00; Massage Permit Operator $838.24 Massage Establishment Registration Certificate‐ Renewal$565.00 $300.00 $200.00; Massage Establishment Renewal$492.00; Initial$374.00 Addt'l Owner (Does not include fingerprint fee) $980.00 N/AN/AMassage Establishment Registration Certificate‐ Change of location/name/removal of partner$190.00 $313.00‐$300.00$315.00; Massage Establishment Permit N/A$39.00 for >50% owner or full rate of $980.00 N/A $301.44 Massage Independent Registration Certificate – renewal [1]$200.00*Massage Independent Registration Certificate – Change of location/name [1]$60.00** We do not currently assess these fees. They are in place if anything happens to the California Massage Therapy Council (CAMTC) and the City went back to regulating the industry** CAMTC currently charges $150.00[1] Per Municode section 5.24.010, "Massage Therapist" is defined as someone who maintains a current CAMTC certificate. Should CAMTC ever cease its operations due to AB 2194 not being renewed, cities that currently only allow CAMTC certified applicants can revert back to charging their own independent fees.Entertainment & Massage Permit Fee Survey November 2018Regulated by California Massage Therapy Council; Fee: $200.00 as of 1/1/2019 (2 Years)**Regulated by California Massage Therapy Council; Fee: $60.00 as of 1/1/2019 180
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CityStreet Sweeping Expired Registration 72 Hour ViolationHuntington Beach ‐ Current 44$ 66$ 42$ Huntington Beach ‐ Proposed46$ 82$ 92$ Anaheim40$ 193$ 116$ Brea38$ 76$ 246$ Fountain Valley43$ 73$ 33$ Fullerton42$ N/A 125$ Garden Grove51$ 68$ 108$ La HabraN/A 138$ 50$ Laguna Beach43$ 43$ 43$ Manhattan Beach53$ 89$ 68$ Newport Beach57$ 100$ 79$ Placentia43$ 75$ 47$ Seal Beach49$ 49$ 114$ Stanton41$ 33$ N/ATustin51$ 51$ 51$ AVERAGE OF CITIES SURVEYED46$ 82$ 90$ Parking CitationsParking Citations Survey April 2018184
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ATTACHMENT 7195
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City of Huntington Beach
File #:18-627 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Michael E. Gates, City Attorney
Lori Ann Farrell Harrison, Assistant City Manager
PREPARED BY:Michael E. Gates, City Attorney
Lori Ann Farrell Harrison, Assistant City Manager
Subject:
Adopt Ordinance No. 4169 Amending Huntington Beach Municipal Code Chapter 3.03 Relating
to Professional Services Contracts
Approved for introduction December 17, 2018 - Vote: 5-2 (Posey, Delgleize - No)
Statement of Issue:
City Council authorization is requested to amend the City of Huntington Beach Municipal Code
Section 3.03 related to Professional Services to ensure competitive procurement processes for the
City’s professional services, including legal services, while still preserving confidentiality and the
attorney-client privilege once an attorney firm has been selected to defend the City. These
modifications will protect the City’s attorney-client privilege during litigation while still providing checks
and balances required via the City Charter to ensure the prudent stewardship of public funds.
Financial Impact:
Not applicable.
Recommended Action:
Adopt Ordinance No. 4169, “An Ordinance of the City of Huntington Beach Amending Sections
3.03.020, 3.03.060, and 3.03.080 of Chapter 3.03 of the Huntington Beach Municipal Code Relating
to Professional Services Contracts.”
Alternative Action(s):
Deny for introduction Ordinance No. 4169, “An Ordinance of the City of Huntington Beach Amending
Chapter 3.03 of the Huntington Beach Municipal Code Relating to Professional Services Contracts.”
Analysis:
The City Attorney is charged with representing the City when the City is a party to litigation. On
some occasions, the City Attorney is required to use specialized attorneys or subject matter experts
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to assist in the litigation or specialized legal matter, such as ballistics experts, jury consultants,
accident reconstruction experts and the like.
The City Attorney needs to protect and keep confidential the City’s defense strategy on cases,
which includes hiring certain types of experts for a specific purpose. This legal strategy may in
certain cases necessitate non-disclosure.
The California Evidence Code, Code of Civil Procedure, Rules of Court and Professional Conduct,
the Ralph M. Brown Act, as well as a host of other State Law and rules, govern the strict
confidentiality of attorney work, including the retention of legal services and experts, which are both
subject of attorney-client and attorney work product privileges.
Pursuant to Section 401 of the Charter of the City of Huntington Beach, the City Manager is tasked
with ensuring the financial condition of the City and to maintain a centralized purchasing and
procurement system for all City offices, departments, and agencies.
The Finance Department is responsible for providing financial management, oversight, monitoring
and reporting for the City's complex financial resources, and to ensure compliance with State and
local laws regarding the open and competitive bidding for City contracts paid for by taxpayers.
Therefore, in order to protect the City’s interests in maintaining attorney-client privilege while still
providing checks and balances in the procurement of attorney and expert services, staff
recommends modifications to enable the City Attorney to maintain confidentiality for attorney and
expert contracts while litigation is pending.
For attorney services under $100,000 all existing administrative regulations and Municipal Code
requirements remain intact.
City Council approval would be required for both attorney and expert services contracts exceeding
$100,000, similar to other professional services contracts in the City, but would occur in Closed
Session to maintain the attorney-client privilege. The standard budgetary and financial reviews and
approvals by the Finance Department and compliance with the Code will still be performed for all
agreements for attorney services and experts of any dollar amount to ensure fiscal controls.
A new provision is also added to the Code to allow for a waiver of competitive bidding requirements
in cases where there is substantial justification for utilizing a particular subject matter expert. A new
“Expert Services Waiver Justification” Form has been created for this purpose. Such information will
be provided to the City Council in Closed Session for expert services exceeding $100,000 per
contracted expert and to the Finance Director and City Manager for services under $100,000.
Staff recommends these changes to the Huntington Beach Municipal Code Chapter 3.03 regarding
Professional Services to ensure the open competitive process for general attorney services, while
protecting the attorney-client privilege and the use of subject matter experts during litigation and
other legal matters.
Environmental Status:
Not applicable.
Strategic Plan Goal:
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Enhance and Maintain City Service Delivery
Strengthen economic and financial sustainability
Attachment(s):
1. Ordinance No. 4169, “An Ordinance of the City of Huntington Beach Amending Sections
3.03.020, 3.03.060, and 3.03.080 of Chapter 3.03 of the Huntington Beach Municipal Code
Relating to Professional Services Contracts.”
2. Legislative Draft of Ordinance No. 4169
3. Expert Services Waiver Justification Form.
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LEGISLATIVE DRAFT
MUNICIPAL CODE
Title 3 REVENUE AND FINANCE
Chapter 3.03 PROFESSIONAL SERVICES
SECTION 1. Sections 3.03.020, 3.03.060, and 3.03.080 of the Huntington Beach Municipal
Code are hereby amended to read as follows:
3.03.020 Definitions
“Consultant” means any provider of services under this chapter as an individual, partnership,
corporation or otherwise.
“Director” means the department head or his or her designee as approved by City Council
resolution, vested with the authority to administer the provisions of this chapter with respect
to contracting for services.
“Professional Services” means those services that involve the exercise of professional
discretion and independent judgment based on an advanced or specialized knowledge,
expertise or training gained by formal studies or experience or services which are not readily
or efficiently procured by competitive bidding pursuant to Chapter 3.02. Such services shall
include but not be limited to those services provided by appraisers, architects, attorneys,law
firms retained for general legal counsel for the handling of lawsuits externally
(“Retained Law Firm”), engineers, instructors, insurance advisors, physicians and other
specialized consultants.
“Expert Services” means uniquely and singularly qualified legal experts, medical
experts, or other experts retained to assist with legal matters handled in-house by the
City Attorney’s Office. (2047-5/76, 2590-1/83, 3375-11/97, 3511-10/01, 3604-6/03)
3.03.060 Procedure
The procedure for the contracting of services is as follows:
A. The director of the department primarily responsible for the particular project
shall prepare a written statement defining the necessity and scope of the project, and
submit it to the Director of Finance. Upon approval by the City Manager and the Director
of Finance, the director shall prepare a written statement of the specifications, conditions
and other requirements for the requested services and provide a copy to consultants who
may wish to perform the service.
B. Except as identified in Section 3.03.080, the director, or his or her designee, shall
request written proposals from not less than three available qualified consultants. He or
she shall thereafter conduct discussions with them regarding the project if such
discussions are indicated by the complexity of the project, and based upon the selection
guidelines established in Section 3.03.040 and the criteria established by him or her,
select the consultant from the responsible proposals submitted to him or her, deemed to
be the most highly qualified to provide the services required.
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C. If the procurement has been budgeted, contractual agreement shall be negotiated
with the consultant subject to final approval as to form by the City Attorney, and as to
content by the City Manager.
D. If the procurement has not been budgeted, then the director shall prepare a request
for appropriation for the City Manager to submit to the City Council in the usual
prescribed manner.
E. The City Attorney shall counsel and advise City officials in the implementation of
this chapter. (2047-5/76, 2590-1/83, 3375-11/97, 3511-10/01, 3734-5/06, 3853-2/10)
F. Retained Law Firm, Professional Services Agreements. The procurement of
agreements for retained law firms for handling lawsuits externally shall follow the
bid processes set forth in this Chapter and any Administrative Regulations related
thereto as outlined in Sections 3.03.040 and 3.03.060(A-E) of the Code.
To best protect the City’s interests and confidentiality in legal matters, the following
procedures will be utilized for procurement:
1. Any such agreement that exceeds $100,000 shall require City Council
authorization, which may be obtained in Closed Session pursuant to the Ralph M.
Brown Act.
2. Prior to submission to the City Council for review and approval in Closed
Session, proposed agreements exceeding $100,000 must first obtain approval from
the Director of Finance to ensure availability of funds pursuant to the
administrative regulations regarding professional services contracts. Executed
agreements for Retained Law Firms for general counsel for the handling of
lawsuits externally require authorized signatures from the Mayor and City Clerk
just as with other professional services agreements that exceed $100,000.
3. The City Attorney will provide a quarterly report with a list of all Retained
Law Firms and Expert Services contracts entered into for that quarter, in Closed
Session, pursuant to the Ralph M. Brown Act, in a format and manner consistent
with the quarterly reporting of other professional services contracts for the City.
To ensure the protection of the City’s interests and confidentiality in all legal
matters, such quarterly reports will remain in a secure location and deemed
Confidential.
4. To ensure the protection of the City’s interests and confidentiality in all legal
matters, executed Retained Law Firm and Expert Services agreements will
remain in a secure location by the City Attorney, City Clerk and Director of
Finance.
3.03.080 Exempt and Emergency Procedures
The need for certain budgeted and emergency and exempted procurements are recognized.
A. An emergency shall be deemed to exist if:
1. There is a great public calamity.
2. There is immediate need to prepare for national or local defense.
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3. There is a breakdown in machinery or an essential service which requires the
immediate attention of a professional in order to protect the public health, safety or
welfare.
4. An essential, departmental operation affecting the public health, safety or welfare
would be greatly hampered if the prescribed procedure would cause an undue delay in
the procurement of the needed services.
In the case of an emergency which requires the immediate retention of a professional
consultant, the City Manager may authorize the department director to secure by the open-
market procedure, at the lowest obtainable price consistent with professional standards, any
professional service regardless of the amount of the expenditure.
B. Other Interagency Agreements. Procurements utilizing contractual agreements
maintained by other public agencies for the provision of professional services to such
agencies are exempt from the requirements of this chapter except that the provisions of
Section 3.03.060(C) shall apply in every case and so long as such other agency complied with
its own professional services contract requirements as approved by the department director.
C. All contracts for performance of professional services for the City which exceed
$30,000.00 shall be awarded in accordance with the procedures of this Code. All contracts
for professional services which do not exceed $30,000.00, with prior approval of the Director
of Finance or his or her designee, may be let without competitive bidding or negotiation.
(2047-5/76, 3375-11/97, 3511-10/01, 3734-5/06, 3853-2/10)
D. Contracts for Expert Services.
1. The City Attorney is authorized to enter into Expert Service Agreements on
behalf of the City, for which an appropriation has been made, and subject to
approval by the City Manager and Director of Finance. Such procurements
may be let without competitive bidding or negotiation, not to exceed $100,000,
for the contracting of Experts Services to assist with legal matter handled in-
house by the City Attorney’s Office, with supporting documentation justifying
the need for a waiver of competitive bidding requirements for each Expert
Service.
2. For procurements with Expert Services exceeding $100,000, City Council
approval is required. City Council approval may be obtained during Closed
Session, pursuant to the Ralph M. Brown Act. Executed agreements for
Expert Services require authorized signatures from the Mayor and City Clerk
just as with other professional services agreements that exceed $100,000.
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Administrative Services
Finance Department
12/18/2018 1
OR
OP/OC
CITY OF HUNTINGTON BEACH
EXPERT SERVICES JUSTIFICATION WAIVER
Singular Uniquely Qualified Expert Services for Litigation
.
This justification document consists of two (2) pages. All information must be provided and all questions must be answered. The “Required Approvals”
section must include a date for each signature, as appropriate for the transaction.
Requesting Department Information
Requestor Name:Division Manager:
(Type names. Do not sign.)
Department:Department Head:
(Type names. Do not sign. Must be same as signature below.)
Department Contact Information
Contact Name:Street Address:
Telephone :( )
FAX: ( )Shipping Address:
Cellular phone:
Required Contact Information
Contractor/Expert Name:
Contractor/Expert Address:
Original Contract Amount:*
$
(*Includes original contract and previously
approved amendments)
Amendment Amount:* (if applicable)
$
(*Current amendment only)
New Contract Amount: *
$
(*Includes original contract and all amendments,
including current amendment)
Remit completed form to: Finance Department
Provide a brief description of the services the contractor will provide:
Contract Type and Term
Contract Type:
Select One: Expert Witness
Contract Term:
Begin:_____________________
End:______________________
What account number will be used to purchase
Bus Unit___________________________
Obj. Code__________________________
(Not to exceed 3 year term)
Required Approvals
Department Head
Approved Denied
_______________________
Executive Director/Date
Finance Manager
Approved Denied
______________________
Finance Manager/Date
Chief Financial Officer
Approved Denied
_______________________
Chief Financial Officer. /Date
City Manager
Approved Denied
_________________________
City Manager/Date
Mayor
Approved Denied
_________________________
Mayor./Date
(Transactions exceeding $100,000
must be council approved)
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Administrative Services
Finance Department
12/18/2018 2
Complete responses must be provided for all of the following items.
A.THE SERVICE REQUESTED IS RESTRICTED TO ONE EXPERT FOR THE REASONS STATED BELOW:
1. Why is the acquisition restricted to this expert?
(Explain why the acquisition cannot be competitively bid).
2. Provide the background of events leading to this acquisition.
3. Describe the uniqueness of the acquisition (why was the service chosen?)
4. What are the consequences of not contracting with the proposed expert?
5. What market research was conducted to substantiate no competition, including evaluation of other items
considered?
(Provide a narrative of your efforts to identify other similar or appropriate services, including a summary of how the department concluded
that such alternatives are either inappropriate or unavailable. The names and addresses of experts contacted and the reasons for not
considering them must be included OR an explanation of why there are no other experts to contact or are inadequate.)
B. PRICE ANALYSIS
1. How was the price offered determined to be fair and reasonable?
(Explain what the basis was for comparison and include cost analyses as applicable.)
2. Describe any cost savings realized or costs avoided by acquiring the services from this expert.
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City of Huntington Beach
File #:19-001 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Adopt Resolution No. 2019-06 modifying the Management District Plan (MDP) of the
Huntington Beach Tourism Business Improvement District (HBTBID); approve execution of
the terminating Grant Agreement with Visit Huntington Beach (VHB) and authorize entering
into a new Memorandum of Understanding (MOU)
Statement of Issue:
On December 17, 2018, the City Council conducted a Public Hearing and renewed the Huntington
Beach Tourism Business Improvement District (HBTBID). Prior to the renewal of the HBTBID, the
City Council on November 17, 2018, adopted a Resolution of Intention to modify the current HBTBID
to terminate on January 31, 2019. This resolution, if approved, will be the final action on the
HBTBID. In addition to the termination of the existing HBTBID, the current City and Visit Huntington
Beach Grant Agreement is being terminated effective January 31, 2019 and a new Memorandum of
Understanding is being recommended for adoption.
Financial Impact:
The proposed Visit Huntington Beach Grant Agreement effective February 1, 2019, allows for the
General Fund to maintain the full 10% of the Transient Occupancy Tax. Under the current contract,
the General Fund remits the HBTBID 1% of the 10% equaling about $1 million per year. In FY
2018/19, the pro-rated General Fund reduction to the HBTBID is approximately $550,000. For the
HBTBID, appropriations in Fund 709 will be increased to reflect the modification of the assessment
from 3% to 4% going forward.
Recommended Action:
A) Adopt Resolution No. 2019-06, “A Resolution of the City Council of the City of Huntington Beach
Modifying the Management District Plan of the Huntington Beach Tourism Business Improvement
District”; and,
B) Approve and authorize the Mayor and City Clerk to execute the “Mutual Agreement to Terminate
the Grant Agreement between the City of Huntington Beach and Visit Huntington Beach”; and ,
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C) Authorize the City Manager to negotiate and execute an Agreement for Tourism Business
Improvement District Management to administer the TBID activities and improvements in a form
acceptable to the City Attorney along with the required budget modifications.
Alternative Action(s):
Do not adopt the Resolution, approve the Memorandum of Understanding and terminate the Grant
Agreement and direct staff as necessary.
Analysis:
In California, Tourism Business Districts (TBID) are primarily formed pursuant to the Property and
Business Improvement District Law of 1994. This law allows for the creation of a special benefit
assessment district to raise funds within a specific geographic area. The key difference between
TBIDs and other special benefit assessment districts is that funds raised are returned to the private
non-profit corporation governing the TBID. The HBTBID funds the marketing and sales promotion
efforts for Huntington Beach’s overall destination brand awareness including Huntington Beach
lodging businesses. This approach has been used successfully in other destination areas throughout
the state to improve tourism and drive additional room nights to assessed lodging businesses. The
early-renewed HBTBID includes all lodging businesses located within the boundaries of the City of
Huntington Beach.
The City of Huntington Beach created the HBTBID on September 15, 2014 , by resolution for a five
year (5) term which ends on September 30, 2019. The VHB is proposing to renew the HBTBID in
order to continue a revenue source devoted to marketing Huntington Beach as a leisure, meetings
and events destination. The new HBTBID will be effective on February 1, 2019 and has at 4% self-
assessment, an increase of 1% from the current 3% assessment in the current HBTBID.
Early Termination of HBTBID
On December 17, 2018, the City Council renewed the HBTBID for 9 years and 6 months. As part of
the renewal, the City Council on November 17, 2018, adopted a Resolution of Intention to modify the
current HBTBID to terminate on January 31, 2019. The attached Resolution, if approved, will be the
final action on the HBTBID.
Termination of Grant Agreement
Effective October 1, 2006, the City and VHB entered into a separate agreement in which 1% of 10%
of the City’s Transient Occupancy Tax rate was granted to VHB for public relations services. The
Agreement was set to expire in two more years on September 29, 2021. Visit Huntington Beach is
proposing to terminate the Agreement early as part of the renewal of the HBTBID. This action would
result in the City retaining the 1% (which is approximately $1 million annually), which would be a
reduction of expenditures in the General Fund.
As part of the early termination, the City and VHB is recommending three (3) years of funding for
special program/events.
Memorandum of Understanding
The Property and Business Improvement District Law of 1994 provides for the administration of the
district by a separate non-profit entity. Visit Huntington Beach has requested to manage the district on
behalf of the City and the “Owner’s Association.” The City and VHB entered into a Memorandum ofCity of Huntington Beach Printed on 1/16/2019Page 2 of 3
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behalf of the City and the “Owner’s Association.” The City and VHB entered into a Memorandum of
Understanding to ensure that the management of the district is agreed upon. The current MOU was
approved on September 15, 2014. The specific responsibilities of the City and Visit Huntington
Beach is set forth in the MOU, which is currently under final review between the two entities. Staff
recommends that the City Manager be authorized to finalize and execute the contract.
Environmental Status:
Not applicable
Strategic Plan Goal:
Strengthen economic and financial sustainability
Attachment(s):
1. Adopt Resolution No. 2019-06, “A Resolution of the City Council of the City of Huntington
Beach Modifying the Management District Plan of the Huntington Beach Tourism Business
Improvement District.
2. Termination of Grant Agreement between the City of Huntington Beach and Visit Huntington
Beach (formally called the Huntington Beach Marketing and Visitors Bureau for Public Relations
Services.
3. Memorandum of Understanding.
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TOURISM BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT AGREEMENT
THIS TOURISM BUSINESS IMPROVEMENT DISTRICT MANAGEMENT
AGREEMENT (“Agreement”) is made and entered into as of this 22 day of January,
2019 by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation
(“City”), and the VISIT HUNTINGTON BEACH (“VHB”), a California nonprofit 501(c)(6)
corporation and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of the City.
B. The VHB is a California nonprofit 501(c)(6) corporation formed under the laws of
California.
C. Resolution 2018-84 was adopted on December 17, 2018, by the City Council of
the City, upon the petition of the business owners in the proposed district who will
pay more than fifty percent (50%) of the assessment proposed to be levied, which
renewed the Huntington Beach Tourism Business Improvement District (“TBID”)
pursuant to the Property and Business Improvement District Law of 1994
contained in Streets and Highways Code 36600-36671 (“1994 Law.”) A copy of
the resolution and accompanying management district plan is attached hereto as
Exhibit A and incorporated herein by this reference (hereinafter the “Plan”).
D. Special assessments levied by the TBID are earmarked solely to fund the activities
and improvements described in the Plan.
E. The Plan designates VHB, as the owner’s association, if the City and VHB enter
into an agreement to administer and implement the TBID’s activities and
improvements.
F. VHB has represented to the City that it possesses the labor and professional skills
and expertise to administer and implement the activities and improvements of the
TBID described in the Plan.
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G. Resolution 2018-84 provides that the City shall be paid a fee equal to 1% of the
amount of the Assessment annually for services rendered in connection with the
collection of the assessment and disbursement to the TBID, which can increased
in the future, but shall not exceed the actual cost to the City.
I. The purpose of this Agreement is to set forth the duties and responsibilities of the
City and VHB for TBID operations.
NOW, THEREFORE,it is mutually agreed by and between the undersigned parties
as follows:
1. INCORPORATION OF RECITALS
The Recitals above are true and correct and constitute an enforceable provision of this
Agreement.
2. TERM
The term of this Agreement shall commence on the above written date, and shall continue
with all services provided for in this Agreement for the life of the TBID, unless terminated
earlier as set forth herein.
3. SERVICES TO BE PERFORMED
VHB shall furnish the following services:
3.1 Administer and implement all of the activities and improvements of the TBID
as stated, listed, or otherwise described in the Plan.
3.2 Provide and keep an accounting of TBID expenditures for each year the
TBID is in existence to the City in a format acceptable to the City and any
additional documentation and information requested by the City. This may
be the same monthly accounting as is presented to the TBID Board at its
monthly meeting provided that the City agrees in writing that the format of
the report is acceptable.
3.3 At the end of each fiscal year (defined as July 1 through June 30), hire an
independent professional audit firm to perform a Financial Statement Audit
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of the TBID with a Schedule of Notes and other information detailing the
TBID’s financial statement as needed. In addition, the City Manager or
designee may require the auditors to perform certain “Agreed Upon
Procedures” to determine whether the TBID’s expenditures for the
preceding year are consistent with the TBID’s Annual Budget, establishing
Resolution, the Plan, and any other applicable law, rule or regulation. A
copy of said “Agreed Upon Procedures” report, along with the annual
Financial Statement Audit, will be provided to the City within one hundred
twenty (120) days of the TBID’s fiscal year end. As long as there is a
separate Schedule of Notes for the TBID, the Financial Statement Audit
may be consolidated with the Financial Statement Audit of the VHB. In
addition, the City may conduct its own audit and VHB shall reimburse the
City for the costs of such audit.
3.4 Provide City with an annual report that contains all of the information
required by Section 36650 of the 1994 Law, or otherwise required by law,
rule or regulation including all matters covered under this Agreement, on or
prior to 120 days after close of each fiscal year. The City Council may
approve the report as filed, or may modify any particular matter contained
in the report and approve it as modified pursuant to 36635 and 36636 of the
1994 Law.
3.5 Award and administer all contracts necessary for providing the activities and
improvements in the Management Plan, adhering to the following procedure
when awarding a subcontract: all contracts over $30,000.00 VHB will (1)
solicit bids for the work; (2) consider the bids received before awarding the
contract; and (3) make a written “Bid Record” after the contract is awarded,
listing the name and amount bid for each bidder and describing the reasons
for awarding the contract to the successful bidder. Unless circumstances
are such that it is not feasible, all sub contracts will be awarded to lowest
responsive and responsible bidder. In the event the agreement is not bid,
VHB shall provide in the bid Record explanation as to why a bid process
was not flowed. For any contract, upon the request of City, VHB shall
provide City with a copy of the contract and the Bid Record. If the contract
is listed as a Destination Product development contract, and determined by
City to be a public works project, VHB shall contact the City Manager and
Public Works director to establish a procedure to award and administer said
contract according to the City Charter and/or any State law requirements in
this regard. Any contract involving City Public Works as defined in
Huntington Beach Charter Section 614 shall follow the same requirements.
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3.6 No additional services shall be performed by VHB unless approved in
advance in writing by City, stating the dollar value of the services, the
method of payment, and any adjustment in contract time. All such services
are to be coordinated with City and the results of the work shall be monitored
by the City Manager or designee; however, the means by which the work is
accomplished shall be the sole responsibility of VHB.
4. TIME OF PERFORMANCE
4.1 Time is of the essence in the performance of services under this Agreement
and VHB shall perform the services in a diligent and timely manner. VHB
shall produce all required reports and documents in the times stated in the
1994 Law and this Agreement. Deviations from time schedule may be
made only with the prior written approval of the City Manager or designee.
The failure by VHB to perform the services in a diligent and timely manner
may result in termination of this Agreement by City as provided herein.
4.2 Notwithstanding the foregoing, VHB shall not be responsible for delays due
to causes beyond VHB reasonable control. However, in the case of any
such delay in the services to be provided under the Plan, each party hereby
agrees to provide notice to the other party so that all delays can be
addressed.
5. REMITTANCE OF ASSESSMENT TO VHB
5.1 The City shall remit the amount received monthly, less the administrative
fee to VHB for TBID operations. The City will remit funds in a timely manner,
including the use of electronic transfer. The TBID funds will be remitted by
the City not later than the end of the month following payment of the
assessment to the City. In the event the City is unable to collect all or any
portion of the delinquent assessment herein, the City will provide the
amount collected and use reasonable efforts to collect unpaid assessments.
If successfully collected, the City will remit said amount of TBID. .
5.2 VHB shall maintain a separate bank/checking account for TBID funds. Only
TBID funds shall be deposited in this account, and only TBID eligible
expenditures shall be paid from this account.
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5.3 Neither the City’s general fund nor any other fund or monies of the City,
other than the actual TBID assessment received by the City, is liable for any
payment under this Agreement. The contractual or other obligations of the
VHB are not a debt of the City, nor are they a legal or equitable pledge,
charge, lien, or encumbrance upon any of the City’s property, income,
receipts, or revenues.
6. ADMINISTRATIVE FEE
As provided in the Plan, the City shall be reimbursed from the collected assessments 1%
of the total amount of the entire assessment for administrative expenses. The
administrative fee of 1% shall be remitted monthly to the City General Fund account. This
fee can be increased without modification of this Agreement by the City demonstrating
cost to administer exceeds 1%.
7.TRANSIST OCCUPANCY TAX SPECIAL PROJECTS
VHB and City have mutually agreed to terminate the AMENDED AND RESTATED
GRANT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
HUNTINGTON BEACH MARKETING AND VISITORS BUREAU dated April 10, 2010
(Grant Agreement). The Grant Agreement provided in part that the CITY will grant to
BUREAU (VHB) a sum equivalent to ten percent (10%) of CITY'S Transient Occupancy
Tax (TOT) collections each month, payable monthly, following collection of same.
The Grant Agreement was scheduled to terminate on October 1, 2021, however, both
the City and VHB desire to terminate the Grant Agreement in its entirety and City and
VHB agree that the City will grant to VHB a sum equivalent to of the City’s Transient
Occupancy Tax to pay for specific projects as follows :
7.1 Fiscal Year 2019-20: Grant of $150,000 to be used for the sole purpose of
modifications to the International Surf Museum Board and $100,000 to assist VHB in the
production of U.S. Travel Associations IPW event.
7.2 Fiscal Year 2020-21: Grant of $125,000 to be used for the sole purpose of
modifications to the International Surf Museum and $100,000 for Amgen Tour Final
event.
7.3 Fiscal Year 2021-22: Grant of $100,000 to be used for toe sole purpose of
modification to the International Surf Museum.
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Annual payments will be reimbursed to VHB based on accomplishments of listed
event/activity, as determined by the City Manager. If the event or activity does not occur,
no payments will provided.
Upon conclusion of the grant for FY 2021-22, the City will have no obligation, duty
obligation or otherwise required to provide any Transient Occupancy Tax to VHB.
8. LATE PAYMENT PENALTIES AND INTEREST
8.1 Any TBID member failing to remit the assessment within thirty (30) days of
the time required shall pay an initial mandatory penalty of ten percent (10%)
of the amount of the late assessment in addition to the assessment.
8.2 Any TBID member failing to remit the assessment and the initial penalty
within sixty (60) days shall be liable for a second mandatory penalty of an
additional ten percent (10%).
8.3 In addition to the penalties imposed, any member who fails to remit the
assessment that is due and owing at the rate of one and one-half percent
(1-1/2%) per month for each month or portion of a month that the
assessment remains unpaid exclusive of penalties.
8.4 Should a member’s assessment become twelve months in arrears, it shall
be sent to collections. Penalties, interest and the cost of collection shall
become part of the assessment required to be paid.
8.5 Late payments, penalties, and interest shall be deposited and used in the
same manner as the basic assessment. The cost of collection, if any, shall
be used to pay the collections agency.
9. COMPLIANCE WITH ALL LAWS
9.1 VHB shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal,
state, county or municipal, whether now in force or hereinafter enacted. In
addition, all services by VHB shall conform to applicable City, county, state
and federal laws, rules regulations and permit requirements and be subject
to the approval of the City Manager or designee.
9.2 VHB shall ensure that its board members will undertake training on the
Brown Act, which may consist of self-study materials, an online course, or
in-person training.
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10. WORK PRODUCT, BOOK AND RECORDS
10.1 All plans, studies, specifications, data magnetically or otherwise recorded
on computer or computer diskettes, records, files, reports, etc., in
possession of VHB relating to the matters covered by this Agreement shall
be the property of the City, and VHB hereby agrees to deliver the same to
the City upon termination of the Agreement.
10.2 During the term of this Agreement, and for five years after the term expires
or terminates or for any longer period required by law, VHB shall maintain
detailed records pertaining to the TBID’s administration, including but not
limited to ledgers, books of account, invoices, vouchers, canceled checks,
and other records or documents evidencing or concerning budgeting,
charges, expenditures, subcontractors (e.g., bid records,) insurance,
permits, administrative expenses, and overhead. TBID records shall not be
comingled with TOT, tax accounts or any other records of VHB. VHB shall
make all such records available to City for inspection, audit, and/or copying
at all reasonable times.
10.3 VHB will work with the City to assure to the extend faceable each TBID
member maintains its records in accordance with Paragraph 10.2 and that
the City may perform an audit of TBID payments from TBID hotels. The
City as its sole discretion shall conduct the audit and any litigation.
11. INDEPENDENT CONTRACTOR
11.1 It is understood that City retains VHB on an independent contractor basis
and its board members and staff are not an agent or employee of the City.
The VHB is not a public entity and its board members and staff are not
public officials or employees of the City. The manner and means of
conducting the work are under the control of VHB, except to the extent they
are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute
approval for VHB or any of VHB’s employees or agents, to be the agents or
employees of City. VHB shall have the responsibility for and control over
the means of performing the work, provided that VHB is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear
to give the City the right to direct VHB as to the details of the performance
or to exercise a measure of control over VHB shall mean only that VHB shall
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follow the desires of the City with respect to the results of the services. VHB
shall be responsible for the payment of all taxes, workers’ compensation
insurance and unemployment insurance for its employees.
11.2 In the event VHB or any board member, employee, agent, contractor, or
subcontractor of VHB providing services under this Agreement is
determined by a court of competent jurisdiction or the California Public
Employees Retirement System (PERS) to be eligible for enrollment in
PERS as an employee of the City, VHB shall indemnify, protect, defend,
and hold harmless the City for the payment of any employee and/or
employer contributions for PERS benefits on behalf of VHB or its board
members, employees, agents, contractors or subcontractors, as well as for
the payment of any penalties and interest on such contributions, which
would otherwise be the responsibility of City.
12. COOPERATION
12.1 VHB agrees to work closely and cooperate fully with the City Manager or
designee and any other agencies that may have jurisdiction or interest in the work
to be performed. City agrees to cooperate with VHB.
12.2 VHB shall discuss and review all matters relating to policy and TBID
direction with the City Manager or designee in advance of all critical decision points
to ensure the Management Plan proceeds in a manner consistent with TBID’s
goals and policies and all applicable laws, rules and regulations. VHB shall hold
quarterly meetings with the City Manager.
13. INSURANCE
Without limiting VHB indemnification of the City, and prior to commencement of work,
VHB shall obtain, provide and maintain at its own expense during the term of this
Agreement, a policy or policies of liability insurance of the type and amounts described
below and in a form satisfactory to the City.
13.1 Certificates of Insurance. VHB shall provide certificates of insurance with
original endorsements to the City as evidence of the insurance coverage
required herein. Insurance certificates must be approved by the City Risk
Manager prior to commencement of performance of services. Current
certification of insurance shall be kept on file with City at all times during the
term of this Agreement.
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13.2 Signature. A person authorized by the insurer to bind coverage on its behalf
shall sign certification of all required policies.
13.3 Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned
policyholders’ Rating of A (or higher) and Financial Size Category Class VII
(or larger) in accordance with the latest edition of Best’s Key Rating Guide,
unless otherwise approved by the City Risk Manager.
13.4 Coverage Requirements.
A. Workers’ Compensation Coverage. VHB shall maintain
Workers’ Compensation Insurance Employer’s Liability
Insurance for its employees in accordance with the laws of the
State of California. In addition, VHB shall require each
subcontractor to similarly maintain Workers’ Compensation
Insurance and Employer’s Liability Insurance in accordance
with the laws of the State of California for all of the
subcontractor’s employees. Any notice of cancellation or non-
renewal of all Workers’ Compensation policies must be received
by the City at least thirty (30) calendar days (or 10 calendar days
written notice of non-payment of premium prior to such change.
The insurer shall agree to waive all rights of subrogation against
the City, its officers, agents, employees and volunteers for
losses arising from work performed by VHB for the City.
B. General Liability Coverage. VHB shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, wither the
general aggregate limit shall apply separately to the work to be
performed under this agreement, or the general aggregate limit
shall be at least twice the required occurrence limit.
C. Automobile Liability Coverage. VHB shall maintain automobile
insurance covering bodily injury and property damage for all
activities of VHB arising out of or in connection with services to
be performed under this Agreement, including coverage for any
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owned, hired, non-owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit
for each occurrence.
13.5 Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
A. The City, its elected or appointed officers, officials,
employees, agents and volunteers are to be covered as additional
insureds with respect to liability arising out of work performed by or
on behalf of VHB.
B. This policy shall be considered primary insurance as respects to the
City, its elected or appointed officials, employees, agents and
volunteers as respects to all claims, losses, or liability arising directly
or indirectly from VHB’s operations or services provided to the City.
Any insurance maintained by the City, including any self-insured
retention the City may have, shall be considered excess insurance
only and not contributory with the insurance provided hereunder.
C. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
D. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees, agents and
volunteers.
E. Any failure to comply with reporting provisions of the policies shall
not effect coverage provided to the City, its elected or appointed
officers, officials, employees, agents or volunteers.
F. The insurance provided by this policy shall not be suspended voided,
canceled, or reduced in coverage or in limits, by either party except
after thirty (30) calendar days written notice (or 10 calendar days
notice of non-payment of premium) has been received by the City.
13.6 Timely Notice of Claims. VHB shall give the City prompt and timely notice
of claim made or suit instituted arising out of or resulting from VHB’s
performance under this Agreement.
13.7 Additional Insurance. VHB shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of work.
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14. INDEMNITY AND HOLD HARMLESS
14.1 To the fullest extent permitted by law, VHB shall indemnify, defend and hold
harmless the City, its City Council boards and commissions, officers,
agents, volunteers, and employees (collectively, the “Indemnified Parties”)
from and against any and all claims (including, without limitation, claims for
bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including, without limitation,
attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, “Claims”,) which may arise
from or in any manner related (directly or indirectly) to the Agreement, any
breach of the terms and conditions of this Agreement, any violation of any
law, rule or regulation by VHB, any work performed or services provided
under this Agreement including, without limitation, VHB’s presence or
activities conducted pursuant to this Agreement (including the negligent
and/or willful acts, errors and/or omissions of VHB, its board members,
principals, officers, agents, employees, vendors, suppliers, consultants,
contractors, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable for any or all of them.)
14.2 Notwithstanding the foregoing, nothing herein shall be construed to require
VHB to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorney’s
fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by VHB.
14.3 It is understood that the duty of VHB to indemnify and hold harmless
includes the duty to defend as set forth in Section 2778 of the California
Civil Code. Acceptance by the City of insurance certificates and
endorsements required under this Agreement does not relieve VHB from
liability under this indemnification and hold harmless clause. This
indemnification and hold VHB harmless clause shall apply to any damages
or claims for damages whether or not such insurance policies shall have
been determined to apply and shall survive the termination of this
Agreement. By execution of this Agreement, VHB acknowledges and
agrees to the provisions of this Paragraph and that it is a material element
of consideration.
15. CITY’S RESPONSIBILITIES
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To assist VHB in the execution of its responsibilities under this Agreement, the City agrees
to, where applicable:
15.1 Provide access to, and upon request of VHB, one copy of all existing
relevant information on file at the City. The City will provide all such
materials in a timely manner so as not to cause delays in VHB’s work
schedule.
15.2 Administer annual TBID proceedings.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be provided under
this Agreement shall not be assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
17. CONFLICT OF INTEREST
17.1 VHB or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the “Act”), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected
by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
17.2 If subject to the Act, VHB shall conform to all requirements of the Act.Failure
to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. VHB shall indemnify and hold
harmless the City for any and all claims for damages resulting from VHB’s
violation of this Paragraph.
17.3 VHB certifies that it has disclosed to the City any actual, apparent, or
potential conflicts of interest that may exist relative to the services to be
provided pursuant to this Agreement. VHB agrees to advise the City of any
actual, apparent or potential conflicts of interest that may develop
subsequent to the date of execution of this Agreement. VHB further agrees
to complete any statements of economic interest required by either City
ordinance or State law.
18. TERMINATION
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In lieu of a bilateral termination provision without cause, Parties have negotiated
and agree that the City may terminate this agreement at any time if it determines
at its sole discretion that the VHB has misappropriated funds, committed
malfeasance, or violated any law, rule or regulation in providing the activities and
improvements described in the Plan or in otherwise administering and
implementing the Plan; or has breached this Agreement in any way whether
material breach or nonmaterial breach and has failed to cure the breach within 30
days after receiving the City’s written demand for cure. This Agreement shall
automatically terminate in the event the TBID is disestablished or expires without
being renewed.
19. WAIVER
A waiver by either party of any breach of any term, covenant or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition contained herein, whether of the same or a different
character.
20. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
21. CONTROLLOWING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to
it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
22. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both VHB and the City and approved as to form by the City Attorney. The City Manager
or designee is authorized to execute on behalf of the City, with approval of the City
Attorney as to form, an amendment to Sections 3, 5, 6, 8, 11, 14 and 27.
23. INTEGRATED CONTRACT
261
DRAFT
14-4313/112554 14
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements
of whatsoever kind or nature are merged herein. No oral agreement or implied covenant
shall be held to vary the provisions herein.
24. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
25. EQUAL OPPORTUNITY EMPLOYMENT
VHB represents that it is an equal opportunity employer and it shall not discriminate
against any subcontractor, employee or applicant for employment because of race,
religion, color, national origin, disability, ancestry, sex or age or other prohibited criteria.
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Agreement
shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first-class mail, addressed as hereinafter provided. All notices,
demands, requests or approvals from VHB to the City shall be addressed to the City at:
Attn: City Manager
City of Huntington Beach
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
Phone: (714) 375-0465
Fax: (714) 375-5087
All notices, demands, request or approvals from City to VHB shall be addressed to VHB
at:
Attn: Kelly Miller, President & CEO
Visit Huntington Beach
155 Fifth Street, Suite 111
Huntington Beach, CA 92648
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14-4313/112554 15
Phone: (714) 969-3492
Fax: (714) 969-5592
27. AUTHORITY TO EXECUTE
The person executing this Agreement on behalf of the parties hereto warrants and
represents that he/she has the authority to execute this Agreement on behalf of his/her
entity and has the authority to bind that party to the performance of its obligations
hereunder.
28. THIRD PARTY BENEFICIARY
The terms and provisions of this Agreement shall be binding upon and inure to the benefit
of the parties, and their respective successors and assigns, and is made solely and
specifically for their benefit. No other person shall have any rights, interest or claims
hereunder or be entitled to any benefits under or on account of this Agreement as a third-
party beneficiary or otherwise.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:CITY OF HUNTINGTON BEACH,
a Municipal Corporation
__________________________
Fred Wilson, City Manager
City of Huntington Beach
ATTEST:VISIT HUNTINGTON BEACH
By: _________________________ By:__________________________
City Clerk Kelly Miller
President & CEO
Print Name:______________________
263
DRAFT
14-4313/112554 16
By: __________________________
Controller
Print Name:______________________
Attachment: Exhibit A – Resolution 2018-____
Exhibit B –Management District Plan
264
City of Huntington Beach
File #:19-005 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Ursula Luna-Reynosa, Director of Community Development
Subject:
Approve for introduction Ordinance Nos. 4172, 4173, 4174, 4175, and 4176 approving Zoning
Text Amendment (ZTA) No. 18-003 (Zoning and Subdivision Ordinance Update)
Statement of Issue:
Transmitted for your consideration is a request by the City to amend five chapters of the Zoning and
Subdivision Ordinance to reorganize certain entitlement applications to a lower hearing body or
permit by right, codify existing policies, and clarify sections of the code. The Planning Commission
and staff recommend approval of the request.
Financial Impact:
Not applicable.
Recommended Action:
PLANNING COMMISSION AND STAFF RECOMMENDATION:
A) Find and determine that the project will not have any significant effect on the environment and is
exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to City
Council Resolution No. 4501, Class 20, which supplements CEQA (Attachment No. 1); and,
B) Approve Zoning Text Amendment No. 18-003 with findings (Attachment No. 1) and approve for
introduction:
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);”
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);”
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
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Districts (Zoning Text Amendment No. 18-003);”
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);” and,
Ordinance No. 4176, “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)” (Attachment Nos. 3 - 7).
Alternative Action(s):
The City Council may make the following alternative motion(s):
A) Continue Zoning Text Amendment No. 18-003 and direct staff to return with findings for denial.
B) Continue Zoning Text Amendment No. 18-003 and direct staff accordingly.
Analysis:
A.PROJECT PROPOSAL
Applicant: City of Huntington Beach
Property Owner: Not applicable
Location: Citywide
The Zoning Text Amendment (ZTA) proposes to amend five chapters of the Huntington Beach
Zoning and Subdivision Ordinance (HBZSO) to reorganize certain entitlement applications to a
lower hearing body or permit by right, codify existing policies, and clarify sections of the code.
The five chapters to be amended are Chapter 203 (Definitions), Chapter 204 (Use
Classifications), Chapter 211 (Commercial Districts), Chapter 214 (Public-Semipublic District), and
Chapter 231 (Off-Street Parking and Loading Provisions).
In an ongoing effort to improve customer service and ensure the HBZSO is clear, current, and
consistently adapting to market trends, staff has identified some needed changes. The proposed
amendments would decrease processing time for applicants, encourage new businesses, provide
greater clarity, and ultimately improve customer service. ZTA No. 18-003 represents the first
phase of the overall HBZSO update. A matrix providing a comparison between the current code
sections and the proposed changes is included as Attachment No. 2. Legislative drafts of the
amended chapters are also attached.
B.PLANNING COMMISSION MEETING
The Planning Commission held a public hearing on ZTA No. 18-003 on December 11, 2018. One
person commented that the City should not hinder short-term vacation rentals. Staff confirmed
that the ZTA does not propose any changes relating to short-term vacation rentals. The Planning
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Commission asked some general questions for clarification and unanimously recommended
approval of the ZTA.
Planning Commission Action on December 11, 2018:
The motion was made by Kalmick, seconded by Ray, to find and determine that the project is
exempt from the California Environmental Quality Act, recommend approval of ZTA No. 18-003,
and forward to the City Council for consideration carried by the following vote:
AYES: Crowe, Ray, Garcia, Scandura, Kalmick, Mandic, Grant
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
C.STAFF ANALYSIS AND RECOMMENDATION
Zoning Compliance:
The following provides a review of the proposed amendments in three sections.
1.The following amendments involve a change in the approving body:
Section 211.04 - Cultural Institutions
Current Process: Conditional Use Permit (CUP) from Planning Commission (PC)
Proposed Process: CUP from PC if greater than 5,000 s.f.;
Director approval with an Administrative Permit (AP) and
Neighborhood Notification (NN) if 5,000 s.f. or less
Section 211.04 - Government Offices (Commercial Visitor (CV) District only)
Current Process: CUP from PC
Proposed Process: CUP from Zoning Administrator (ZA)
Section 211.04 - Public Safety Facilities
Current Process: CUP from PC
Proposed Process: CUP from ZA
Section 211.04 - Eating and Drinking Establishments within 300 feet of residential (no alcohol,
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live entertainment or dancing)
Current Process: Director approval with an AP and NN
Proposed Process: Permitted by right
Section 211.04 - Food and Beverage Sales
Current Process: Reflects a typographical error and identifies additional provision “L-2,” which
requires a CUP for Emergency Shelters
Proposed Process: Identify additional provision “L-12,” which permits by right
Section 211.04 - Personal Enrichment Services
Current Process: CUP from ZA if greater than 5,000 s.f.;
Permitted by right if 5,000 s.f. or less
Proposed Process: Director approval with an AP and NN if greater than 5,000 s.f.
Permitted by right if 5,000 s.f. or less (remove incorrect reference to
additional provision “Y,” which requires NN)
Section 211.04 - Tattoo Establishments (Commercial General District only)
Current Process: CUP from PC
Proposed Process: CUP from ZA
These amendments are recommended because the land use issues related to these uses are
typically straightforward and could be adequately handled at the ZA or Director level or permitted
by right. An application to the Director currently has a processing time of approximately 30 to 45
days, three months to the ZA, and four to six months to the PC. Reducing the processing time of
non-controversial applications would be beneficial to applicants and the City.
2.The following amendment involves codifying current policy:
Section 203.06 - Coverage, Lot or Site - Add that square footage of all building projections are
included.
By codifying this policy in the HBZSO, the information is readily accessible to staff and the public.
3.The following amendments include cleanup and clarification:
Section 203.06 - Assisted Living Facility - Add a definition of Assisted Living Facility for clarity
based on research by staff.
Section 203.06 - Guest House - Delete definition that is no longer necessary due to current
accessory dwelling unit provisions.
Section 203.06 - Setback Line - Clarify that setbacks along streets and alleys shall be measured
from the ultimate right-of-way as already noted in other sections of the HBZSO.
Section 204.08(D) -Add “Assisted Living” under the “Convalescent Facilities” use classification
for clarification. This does not result in a change in the permitting process for assisted living
facilities or the zoning districts where they may be allowed.
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Section 204.10(T) and (U) -Delete medical/dental from “Offices, Business and Professional” and
add a separate “Offices, Medical and Dental” use classification to clarify the various types of
medical/dental businesses that would fall within this use classification as they have different
parking requirements than general office uses.
Section 204.10(X) -Add permanent and semi-permanent make-up, such as microblading, and
non-surgical medspas to Personal Services use classification given the nature of these uses.
Section 204.10(GG) -Add new “Office for Vehicle Retail Sales/Wholesale” use classification to
be consistent with Department of Motor Vehicles.
Section 211.04 - Animal Sales and Services - Add “L-16” reference to Municipal Code distance
requirement for kennels from residential use.
Section 211.04 - Eating and Drinking Establishments with Alcohol - Delete Additional Provision
(Y) regarding NN since a CUP is already required.
Section 211.04 - Eating and Drinking Establishments with Outdoor Dining - Delete Additional
Provision (Y) regarding NN because unnecessary due to Additional Provision (X) which already
identifies the approval process.
Section 211.04 - Offices, Medical and Dental - Add separate use classification to land use
schedule to be permitted by right. This does not result in a change in the permitting process for
medical/dental offices or the zoning districts where they may be allowed.
Section 211.04 - Offices for Vehicle Equipment Sales & Rentals - Add separate use classification
to land use schedule to be permitted by right. This does not result in a change in the permitting
process for vehicle sales offices or the zoning districts where they may be allowed.
Section 211.06 - Development Standards - Change maximum floor area ratio in CV District from
1.5 to 0.5 to match General Plan.
Section 214.06 - Convalescent Facilities - Add use classification to the land use schedule to be
allowed with a CUP from PC. Currently, the City allows these types of uses, such as Assisted
Living facilities, in the Public-Semipublic zone under the Residential Care, General use
classification subject to a CUP from the PC.
Section 231.04 - Off-Street Parking and Loading Spaces Required - Add parking requirement for
Convalescent Facilities including specific standards for Skilled Nursing Facilities, Assisted Living
Facilities, and Continuing Care Retirement Communities.
Currently, the City applies the Residential Care, General parking standard, which requires one
space per three beds plus additional spaces as required by the CUP. As such, the City generally
requires an applicant to submit a parking demand study with the CUP application. This adds
time and cost for an applicant. Staff surveyed other cities and found that there are wide varieties
of standards for these types of uses. Many cities have not updated their parking requirements to
account for current market trends and parking demand. Other cities have adopted staff based
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account for current market trends and parking demand. Other cities have adopted staff based
parking standards, which can be difficult to administer because they rely on applicant projections
prior to establishment of the use and do not reflect regulatory and business changes. However,
the City of Thousand Oaks conducted a study in 2016 and adopted revised parking requirements
that encompass the various demand factors (i.e. - parking for residents, visitors, staff, vendors,
and shuttles) based on the specific type of facility. The proposed parking requirement mirrors the
Thousand Oaks parking requirement because it is the most current, would be simple to
administer and provides for adequate parking.
Section 231.04 -Clarify parking for Eating and Drinking Establishments with 12 seats or less.
These amendments involve cleaning up the HBZSO to improve clarity, address deficiencies, and
keep it current. The few uses that have been added or clarified will not change the character of
the base zoning district and the uses authorized therein.
D.SUMMARY
Staff recommends that the City Council approve Zoning Text Amendment No. 18-003 with findings
based on the following:
§Cleans up the HBZSO to improve clarity, address deficiencies, and maintain currency.
§Codifies existing policies and code interpretations and allows select entitlement requests to be
reviewed by a lower hearing body or to be permitted by right.
§Results in better customer service by providing a clear, prompt, and cost effective review
process.
§Consistent with General Plan goals and policies.
Environmental Status:
ZTA No. 18-003 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20,
which supplements the California Environmental Quality Act because the request is a minor
amendment to the zoning ordinance that does not change the development standards intensity or
density.
Strategic Plan Goal:
Enhance and Maintain City Service Delivery
Attachment(s):
1. Suggested Findings of Approval - ZTA No. 18-003
2. HBZSO Update Matrix of Changes
3. Ord 4172 - Chapter 231 (Off-Street Parking and Loading Provisions) w/Legislative Draft
4. Ord 4173 - Chapter 214 (Public-Semipublic District) w/Legislative Draft
5. Ord 4174 - Chapter 211 (Commercial Districts) w/Legislative Draft
6. Ord 4175 - Chapter 204 (Use Classifications) w/Legislative Draft
7. Ord 4176 - Chapter 203 (Definitions) w/Legislative Draft
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8. Planning Commission Staff Report dated December 11, 2018
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1/22/19 Attachment No. 1.1
ATTACHMENT NO. 1
SUGGESTED FINDINGS OF APPROVAL
ZONING TEXT AMENDMENT NO. 18-003
SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The City Council finds that the project will not have any significant effect on the environment
and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant
to City Council Resolution No. 4501, Class 20, which supplements CEQA because the request
is a minor amendment to the zoning ordinance that does not change the development
standards intensity or density.
SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 18-003:
1. Zoning Text Amendment (ZTA) No. 18-003 to amend Chapter 203 (Definitions), Chapter 204
(Use Classifications), Chapter 211 (Commercial Districts), Chapter 214 (Public-Semipublic
District), and Chapter 231 (Off-Street Parking and Loading Provisions) of the Huntington
Beach Zoning and Subdivision Ordinance (HBZSO) to reorganize certain entitlement
applications to a lower hearing body, codify existing policies, and clarify sections of the code
is consistent with the objectives, policies, general land uses and programs specified in the
General Plan including:
Land Use Element
Goal LU-11: Commercial land uses provide goods and services to meet regional and local
needs.
Policy LU-11 (A): Encourage a variety of commercial uses that cater to local and regional
demand to create an environment that meets resident needs and increases the capture of
sales tax revenues.
Goal LU-13: The city provides opportunities for new businesses and employees to ensure a
high quality of life and thriving industry.
Policy LU-13 (A): Encourage expansion of the range of goods and services provided to
accommodate the needs of all residents and the market area.
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1/22/19 Attachment No. 1.2
The ZTA will allow the City to process new development and land use applications in a more
effective and efficient manner which will encourage a variety of commercial uses, goods,
and services to meet market needs and capture sales tax revenues. The proposed
amendments would decrease processing time for applicants, encourage new businesses,
and ultimately improve customer service.
2. In the case of a general land use provision, ZTA No. 18-003 is compatible with the uses
authorized in, and the standards prescribed for the zoning district for which it is proposed
because it primarily revises the processing of entitlements and clarifies various sections of
the HBZSO. The few uses that have been added or clarified will not change the character of
the base zoning district and the uses authorized therein.
3. A community need is demonstrated for the changes proposed because there is a constant
community desire to improve customer service with decreased processing time and ensure
the HBZSO is clear, current, and consistently adapting to market trends.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice because ZTA No. 18-003 ensures the HBZSO is clear, current, consistently
adapting to market trends, and reflective of the City’s ongoing effort to improve customer
service.
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ZONING TEXT AMENDMENT 18-003 SUMMARY
TOPIC CURRENT PROPOSED
Chapter 203: DEFINITIONS
203.06 Assisted Living Facility --Provide definition
203.06 Coverage, Lot or Site --Clarify square footage of
building projections
203.06 Guesthouse Living quarters
w/no kitchen
facilities
Delete definition
203.06 Parking Structure Clarify definition
203.06 Setback Line Measurement of
setback information
Clarify the point of
measurement for street/alley
setbacks
Chapter 204: USE CLASSIFICATIONS
204.08 (D) Convalescent Facilities --Include Assisted Living in
Convalescent Facilities
204.10 (T) Offices, Business and Professional --Delete medical and dental
offices from definition
204.10 (U) Offices, Medical and Dental --Add use classification
204.10 (X) Personal Services --Include permanent and semi-
permanent makeup such as
microblading; non-surgical
medspas
204.10 (GG) Vehicle/Equipment Sales and
Services
No reference for
offices
Add (7) Offices for Vehicle
Retail Sales/Wholesale.
Chapter 211: COMMERCIAL DISTRICTS
211.04 Cultural Institutions PC L-14
211.04 Government Offices CV Zone: PC CV Zone: ZA
211.04 Public Safety Facilities PC ZA
211.04 Animal Sales and Services -- Add L-16 reference to HBMC
7.12.150 distance requirements
for kennels
211.04 Eating and Drinking Establishments L-4 Delete L-4 requirement and
add P for permitted
211.04 Eating and Drinking Establishments with
Alcohol
Additional
Provision (Y)
Delete (Y) Neighborhood
Notification; redundant b/c
CUP requires NN
211.04 Eating and Drinking Establishments with
Outdoor Dining
Additional
Provision (Y)
Delete (Y) Neighborhood
Notification; (X) provision
does not always require NN
211.04 Food and Beverage Sales Additional
Provision L-2
Fix Typo; Change L-2 to L-12
211.04 Offices, Medical and Dental -- Add Medical & Dental offices
use classification P in all zones
211.04 Personal Enrichment Services Additional
Provision (Y)
Delete (Y) Neighborhood
Notification requirement when
use is permitted per L-10
211.04 Tattoo Establishments PC ZA
211.04 Offices for Vehicle Equipment Sales and
Rentals
--Add L-15
211.04 Additional Provision L-4 Delete text and mark Reserved
211.04 Additional Provision L-10 (Personal
Enrichment Services)
CUP to ZA if space
exceeds 5,000 sf
Administrative Permit if space
exceeds 5,000 sf
211.04 L-14 (Cultural Institutions) PC AP if under 5,000 sf; PC if
over 5,000 sf
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ZONING TEXT AMENDMENT 18-003 SUMMARY
211.06 Development Standards Chart: Maximum
Floor Area Ratio
CV Zone: 1.5 FAR CV Zone: 0.5 FAR for
consistency with General Plan
Chapter 214:PUBLIC SEMIPUBLIC
DISTRICTS
214.06 Convalescent Facilities --PC
Chapter 231:OFF-STREET PARKING AND
LOADING PROVISIONS
231.04 Convalescent Facilities -- Add parking requirements for
Convalescent Facilities
231.04 Eating and Drinking Establishments With less than 12
seats
Clarify text - with 12 seats or
less
P: Permitted N/P: Not Permitted CUP: Conditional Use Permit
ZA: CUP to Zoning Administrator PC: CUP to Planning Commission Director: Submitted for staff review
AP/NN: Administrative Permit with Neighborhood Notification
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231.02 Basic Requirements for Off-Street Parking and Loading
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
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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 Required
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.
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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 (1 enclosed) per unit
3 or more bedrooms 2.5 spaces (1 enclosed) per unit
Guests 0.5 space per unit
Senior
Studio/1 bedroom 1 covered space per unit
2 bedrooms 1.5 spaces per unit (1 covered)
Manufactured homes 2 spaces per unit; 1 covered, and 1 may be behind
the first
Guest 1 per 3 manufactured homes
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Rooming house 1 space per guest room; plus 1 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
Assisted Living Facilities
Continuing Care Retirement Communities
0.75 per each bed
0.6 per each bed
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
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Animal boarding 1 per 200 sq. ft.
Animal grooming 1 per 200 sq. ft.
Animal hospitals 1 per 200 sq. ft.
Animal, retail sales 1 per 200 sq. ft.
Artists’ studios 1 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 1 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 1 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 1 per 200 sq. ft.
With more than 12 seats 1 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 1 per 35 sq. ft. of seating space
Hardware stores 1 per 200 sq. ft. excluding areas used for storage or
loading, but not less than 5
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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 1 per 500 sq. ft.
Nurseries 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
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 1 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 1
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 1 per 500 sq. ft.
Retail sales not listed under another use
classification
1 per 200 sq. ft.
Sex-oriented business
Cabaret
With less than 12 seats 1 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 1 per 35 sq. ft. of instruction area
Escort bureau 1 per 250 sq. ft.
Hotel/motel 1.1 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
Mini-motion picture theater, motion picture
theater or motion picture arcade
1 per 3 fixed seats, or 1 per 35 sq. ft. seating area if
there are no fixed seats
Retail sales 1 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
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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
market
10
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 1 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 1 per guest room plus 1 guest and 1 manager/owner
space
Hotels, motels 1.1 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; 1 per passenger transport vehicle
(minimum of 1 stall), 1 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 1 per 500 sq. ft.
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Wholesaling, warehousing and distributing space 1 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
lumber yards
1 per 5,000 square feet of lot area, but no less than
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
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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 Parking 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 Parking 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 Width1
Angle of Parking Stall Width Stall Depth 1-way 2-way
0° (Parallel) 9 192 12 20
30° 9 19 14 20
45° 9 19 15 20
60° 9 19 20 20
90° 9 19 26 26
Residential 9 19 25 25
Bicycle 8 17 subject to § 231.20
1 Minimum 24 feet when determined by Fire Department to be a fire lane.
2 With 8 ft. striped maneuvering area between every 2 spaces.
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Striping Requirements—Diagram A
(3334-6/97)
231.16 Application of Dimensional Requirements
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.
1. 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.
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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 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.
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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.
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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).
Turning Radius
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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.
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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
292
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:
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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 st ate-
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)
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231.24 Landscape Improvements
Landscape, planting and irrigation plans shall be prepared consistent with the requirements of Chapter
232. (3334-6/97)
231.26 Parking Area Plan Required
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)
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231.02 Basic Requirements for Off-Street Parking and Loading
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
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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 Required
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.
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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 (1 enclosed) per unit
3 or more bedrooms 2.5 spaces (1 enclosed) per unit
Guests 0.5 space per unit
Senior
Studio/1 bedroom 1 covered space per unit
2 bedrooms 1.5 spaces per unit (1 covered)
Manufactured homes 2 spaces per unit; 1 covered, and 1 may be behind
the first
Guest 1 per 3 manufactured homes
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Rooming house 1 space per guest room; plus 1 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
Assisted Living Facilities
Continuing Care Retirement Communities
0.75 per each bed
0.6 per each bed
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
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Animal boarding 1 per 200 sq. ft.
Animal grooming 1 per 200 sq. ft.
Animal hospitals 1 per 200 sq. ft.
Animal, retail sales 1 per 200 sq. ft.
Artists’ studios 1 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 1 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 1 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 less than 12 seats or less 1 per 200 sq. ft.
With more than 12 seats 1 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 1 per 35 sq. ft. of seating space
Hardware stores 1 per 200 sq. ft. excluding areas used for storage or
loading, but not less than 5
300
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 1 per 500 sq. ft.
Nurseries 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
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 1 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 1
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 1 per 500 sq. ft.
Retail sales not listed under another use
classification
1 per 200 sq. ft.
Sex-oriented business
Cabaret
With less than 12 seats 1 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 1 per 35 sq. ft. of instruction area
Escort bureau 1 per 250 sq. ft.
Hotel/motel 1.1 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
Mini-motion picture theater, motion picture
theater or motion picture arcade
1 per 3 fixed seats, or 1 per 35 sq. ft. seating area if
there are no fixed seats
Retail sales 1 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
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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
market
10
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 1 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 1 per guest room plus 1 guest and 1 manager/owner
space
Hotels, motels 1.1 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; 1 per passenger transport vehicle
(minimum of 1 stall), 1 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 1 per 500 sq. ft.
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Wholesaling, warehousing and distributing space 1 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
lumber yards
1 per 5,000 square feet of lot area, but no less than
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
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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 Parking 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 Parking 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 Width1
Angle of Parking Stall Width Stall Depth 1-way 2-way
0° (Parallel) 9 192 12 20
30° 9 19 14 20
45° 9 19 15 20
60° 9 19 20 20
90° 9 19 26 26
Residential 9 19 25 25
Bicycle 8 17 subject to § 231.20
1 Minimum 24 feet when determined by Fire Department to be a fire lane.
2 With 8 ft. striped maneuvering area between every 2 spaces.
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Striping Requirements—Diagram A
(3334-6/97)
231.16 Application of Dimensional Requirements
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.
1. 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.
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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 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.
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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.
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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).
Turning Radius
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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.
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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
310
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:
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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)
312
231.24 Landscape Improvements
Landscape, planting and irrigation plans shall be prepared consistent with the requirements of Chapter
232. (3334-6/97)
231.26 Parking Area Plan Required
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)
313
314
315
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
316
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.
317
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—Development 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)(I)
Off-Street Parking/Loading (J)
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
318
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
319
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)
320
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
321
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.
322
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—Development 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)(I)
Off-Street Parking/Loading (J)
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
323
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
324
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)
325
326
327
211.02 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
328
CO CG CV Additional Provisions
Residential (J)(Q)(R)(V)
Group Residential PC PC PC
Multifamily Residential - - PC
Public and Semipublic (J)(Q)(R)(V)
Clubs and Lodges P P -
Community and Human Services
Drug Abuse Centers - PC -
Primary Health Care L-11 L-11 -
Emergency Kitchens - L-2 -
Emergency Shelters - L-2 -
Residential Alcohol Recovery, General - PC -
Residential Care, General ZA ZA -
Convalescent Facilities ZA ZA -
Cultural Institutions 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 -
329
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 -
330
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 (I)
Condominium-Hotel - - PC (Z)
Fractional Ownership Hotel
Quasi Residential
Timeshares - PC - (I)(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 (M)
Real Estate Sales P P P
Retail Sales, Outdoor - TU TU (M)
331
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-11 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.
332
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.
(I) 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.
333
(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.
(O) 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 Districts—Development Standards
334
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)(O)
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 (H)(I)
Building Design Standards (O)
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
335
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.
(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.
336
Maximum Wall Length and Required Break
Single Horizontal Offsets: 20 Feet
Variable Offsets: 20 Feet and 4 Feet
(O) 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.
CV District: Upper-Story Setback
337
(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.
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)
338
211.02 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
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CO CG CV Additional Provisions
Residential (J)(Q)(R)(V)
Group Residential PC PC PC
Multifamily Residential - - PC
Public and Semipublic (J)(Q)(R)(V)
Clubs and Lodges P P -
Community and Human Services
Drug Abuse Centers - PC -
Primary Health Care L-11 L-11 -
Emergency Kitchens - L-2 -
Emergency Shelters - L-2 -
Residential Alcohol Recovery, General - PC -
Residential Care, General ZA ZA -
Convalescent Facilities ZA ZA -
Cultural Institutions PC
L-14
PC
L-14
PC
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 PC
ZA
Heliports PC PC PC (B)
Hospitals PC PC -
Park & Recreation Facilities L-9 L-9 L-9
Public Safety Facilities PC
ZA
PC
ZA
PC
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)
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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)
Commercial Recreation and Entertainment - PC PC (D)
Communication Facilities L-13 L-13 L-13
Eating and Drinking Establishments L-4
P
L-4
P
L-4
P
W/Alcohol ZA ZA ZA (N) (Y)
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) (Y)
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 - (Y)
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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 - PC
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 (I)
Condominium-Hotel - - PC (Z)
Fractional Ownership Hotel
Quasi Residential
Timeshares - PC - (I)(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
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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)
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 Permitted if greater than 300 feet from residential zone or use; if 300 feet or
less from residential zone or use, Neighborhood Notification is required pursuant to Chapter
241.
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 conditional use permit
Administrative Permit approval from the Zoning Administrator if space exceeds 5,000 square
feet.
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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-11 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.
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.
(I) 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
344
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.
(O) 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
345
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 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)(O)
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 1.5
0.5
Minimum Site Landscaping (%) 8 8 8 (H)(I)
Building Design Standards (O)
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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.
(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.
347
(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
Single Horizontal Offsets: 20 Feet
Variable Offsets: 20 Feet and 4 Feet
(O) 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.
348
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.
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)
349
350
351
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)
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 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.
I. 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.
1. 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 café 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 Storage. 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.
II. 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.
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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
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type housing for industrial commercial workers employed on the site, and accessory dwelling units.
(3334-6/97)
204.16 Temporary 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 Uses—Medical Marijuana 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.
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 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 Marijuana 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.
1. 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)
204.22 Non-Medical Marijuana 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,
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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
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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.
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k. From a public right-of-way, there shall be no exterior evidence of non-medical
marijuana cultivation occurring on the parcel.
l. 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:10B: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.
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)
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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)
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 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.
I. 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.
1. 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 café 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, and medical/dental
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.
U 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.
V 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.
W 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.
X 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.
Y 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).
Z 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.
AA 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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BB 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.
CC 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.
DD EE. Tattoo Establishment. Premises used for the business of marking or coloring the skin
with tattoos as regulated by Chapter 8.70.
EE FF. Travel Services. Establishments providing travel information and reservations to
individuals and businesses. This classification excludes car rental agencies.
FF 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.
7 8. Vehicle Storage. 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.
GG 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.
HH II. 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.
II 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.
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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
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type housing for industrial commercial workers employed on the site, and accessory dwelling units.
(3334-6/97)
204.16 Temporary 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 Uses—Medical Marijuana 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.
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 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 Marijuana 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.
1. 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)
204.22 Non-Medical Marijuana 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,
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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
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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.
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k. From a public right-of-way, there shall be no exterior evidence of non-medical
marijuana cultivation occurring on the parcel.
l. 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:10B: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.
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)
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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. (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.
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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.
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Lot Area
Arterial. Any street, highway or road designated as an arterial street in the General Plan.
Assisted Living Facility. Establishments licensed by the State of California providing care on a 24-hour
basis for persons requiring personalized supportive services and health related care, but excluding
facilities providing surgical or emergency medical services. This includes State licensed establishments
that provide a continuum of care for residents ranging from assistance with daily activities to memory
care.
Attached Structures. Two or more structures sharing a common wall or roof.
Balcony. A platform that projects from the wall of a building, typically above the first level, and is
surrounded by a rail balustrade or parapet.
Basement. A story partly underground and having at least one-half of its height above the average
adjoining grade. A basement shall be considered as a story if the vertical distance from the average
adjoining grade to the ceiling is over four feet.
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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.
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.
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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.
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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.
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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.
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.)
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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 maintai ned
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).
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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.
Landscaping: Perimeter Interior
Limited Use Overnight Visitor Accommodations. Any hotel, motel, or other similar facility that
provides overnight visitor accommodations wherein a purchaser receives the right in perpetuity, for life,
or a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, room(s), or segment
of the facility, annually or on some other seasonal or periodic basis, for a period of time that has been or
will be allotted from the use or occupancy periods into which the facility has been divided and shall
include, but not be limited to Timeshare, Condominium-Hotel, Fractional Ownership Hotel, or uses of a
similar nature.
Lodger. Any person other than a member of a family renting a room for living or sleeping purposes.
Lot. Any numbered or lettered parcel shown on a recorded final map, record of survey pursuant to an
approved division of land, or a parcel map and abuts a street, alley or recorded access easement.
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Lot, 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.
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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.
Mezzanine
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Moderate Income Household. A household whose annual income is at or below 120% of Orange
County median income as defined by the State of California Department of Housing and Community
Development.
Municipal Code. The Municipal Code of the City of Huntington Beach.
Negative Declaration. A written statement briefly describing the reasons that a proposed project will not
have a significant impact on the environment which meets the requirements of the California
Environmental Quality Act.
Neighborhood Notification. Notification process pursuant to Chapter 241 when no entitlements are
required and the use requires such notification as stated in the Zoning and Subdivision Ordinance.
Net Site Area. See Area, Net Lot.
New Well. A new well bore or well hole established at the ground surface. Redrilling from the well bore
or well hole of an existing well greater than 150 feet from the existing well bore shall constitute a new
well.
Nonconforming Structure. A structure that was lawfully erected but which does not conform with the
current development standards.
Nonconforming Use. A use of a structure or land that was lawfully established and maintained, but
which does not conform with the current zoning ordinance.
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.
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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.)
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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.
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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.
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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)
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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. (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.
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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.
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Lot Area
Arterial. Any street, highway or road designated as an arterial street in the General Plan.
Assisted Living Facility. Establishments licensed by the State of California providing care
on a 24-hour basis for persons requiring personalized supportive services and health
related care, but excluding facilities providing surgical or emergency medical services.
This includes State licensed establishments that provide a continuum of care for residents
ranging from assistance with daily activities to memory care.
Attached Structures. Two or more structures sharing a common wall or roof.
Balcony. A platform that projects from the wall of a building, typically above the first level, and is
surrounded by a rail balustrade or parapet.
Basement. A story partly underground and having at least one-half of its height above the average
adjoining grade. A basement shall be considered as a story if the vertical distance from the average
adjoining grade to the ceiling is over four feet.
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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.
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.
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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.
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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.
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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.
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.
Guest House. Living quarters within a main or an accessory building for the sole purpose
of providing for persons employed on the premises, or for temporary use by guests of the
occupants of the premises. Such quarters shall have no kitchen facilities, and shall be
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limited to one room, no greater than 500 square feet in size with no more than three
plumbing fixtures.
Height of Building. A vertical dimension measured from the top of the highest roof to the top of the
subfloor/slab directly underneath. (See Section 230.72.)
Helipad or Helistop. A heliport without auxiliary facilities such as waiting room, helicopter parking,
fueling and maintenance equipment.
Heliport. An area, either at ground level or elevated on a structure, that is used or intended to be used for
the takeoff and landing of helicopters, and includes some or all the various facilities useful to helicopter
operations, including helicopter parking, waiting room, fueling and maintenance equipment.
Home Occupation. Business activity conducted in a dwelling unit in a residential district that is
incidental to the principal residential use of a lot or site.
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.
408
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.
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.
409
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.
410
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.
Mezzanine
411
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.
412
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.)
413
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.
414
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.
415
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.
416
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)
417
City of Huntington Beach
File #:18-557 MEETING DATE:12/11/2018
PLANNING COMMISSION STAFF REPORT
TO:Planning Commission
FROM:Ursula Luna-Reynosa, Community Development Director
BY:Ricky Ramos, Senior Planner
SUBJECT:
ZONING TEXT AMENDMENT NO. 18-003 (ZONING AND SUBDIVISION ORDINANCE UPDATE)
REQUEST:
To amend six chapters of the 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 to be 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).
LOCATION:
Citywide
APPLICANT:
City of Huntington Beach
PROPERTY
OWNER:
Not applicable
BUSINESS
OWNER:
Not applicable
STATEMENT OF ISSUE:
Does the project satisfy all the findings required for approving a Zoning Text Amendment?
RECOMMENDATION:
That the Planning Commission take the following actions:
A) Finds and determines that the project will not have any significant effect on the environment
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A) Finds and determines that the project will not have any significant effect on the environment
and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to
City Council Resolution No. 4501, Class 20, which supplements CEQA (Attachment No. 1).
B) Recommend approval of Zoning Text Amendment No. 18-003 with findings (Attachment No. 1)
and forward to the City Council for consideration.
ALTERNATIVE ACTION(S):
The Planning Commission may take alternative actions such as:
A) Continue Zoning Text Amendment No. 18-003 and direct staff to return with findings for denial.
B) Continue Zoning Text Amendment No. 18-003 and direct staff accordingly.
PROJECT PROPOSAL:
The Zoning Text Amendment (ZTA) proposes to amend six chapters of the Huntington Beach Zoning
and Subdivision Ordinance to reorganize certain entitlement applications to a lower hearing body or
permit by right, codify existing policies, and clarify sections of the code. The six chapters to be
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).
In an ongoing effort to improve customer service and ensure the HBZSO is clear, current, and
consistently adapting to market trends, staff has identified some needed changes. The proposed
amendments would decrease processing time for applicants, encourage new businesses, provide
greater clarity, and ultimately improve customer service. ZTA No. 18-003 represents the first phase
of the overall HBZSO update. A matrix providing a comparison between the current code sections
and the proposed changes is included as Attachment No. 2. Legislative drafts of the amended
chapters are also attached.
Study Session:
The Planning Commission held a study session on the project on November 13, 2018. There were
no questions raised that required further follow up by staff.
ISSUES AND ANALYSIS:
General Plan Conformance:
The proposed ZTA is consistent with the goals and policies of the City’s General Plan including:
Land Use Element
Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs.
Policy LU-11 (A): Encourage a variety of commercial uses that cater to local and regional demand to
create an environment that meets resident needs and increases the capture of sales tax revenues.
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Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high
quality of life and thriving industry.
Policy LU-13 (A): Encourage expansion of the range of goods and services provided to
accommodate the needs of all residents and the market area.
Housing Element
Policy 1.6: Support and publicize available rental assistance programs for lower income and special
need households.
Policy 5.5: Support continued efforts to implement the Orange County Continuum of Care program
for the homeless. Coordinate with local social service providers and notify them of available City
funding to address the needs of the homeless population.
The ZTA will allow the City to process new development and land use applications in a more effective
and efficient manner which will encourage a variety of commercial uses, goods, and services to meet
market needs and capture sales tax revenues. The proposed amendments would decrease
processing time for applicants, encourage new businesses, and ultimately improve customer service.
The amendments also support the provision of rental assistance programs and other services to
address the needs of the homeless.
Zoning Compliance:
The following provides a review of the proposed amendments in three sections.
A.The following amendments involve a change in the approving body:
Section 211.04 - Cultural Institutions
Current Process: Conditional Use Permit (CUP) from Planning Commission (PC)
Proposed Process: CUP from PC if greater than 5,000 s.f.;
Director approval with an Administrative Permit (AP) and
Neighborhood Notification (NN) if 5,000 s.f. or less
Section 211.04 - Government Offices (Commercial Visitor (CV) District only)
Current Process: CUP from PC
Proposed Process: CUP from Zoning Administrator (ZA)
Section 211.04 - Public Safety Facilities
Current Process: CUP from PC
Proposed Process: CUP from ZA
Section 211.04 - Eating and Drinking Establishments within 300 feet of residential (no alcohol, live
entertainment or dancing)
Current Process: Director approval with an AP and NN
Proposed Process: Permitted by right
Section 211.04 - Food and Beverage Sales
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Current Process: Reflects a typographical error and identifies additional provision
“L-2,” which requires a CUP for Emergency Shelters
Proposed Process: Identify additional provision “L-12,” which permits by right
Section 211.04 - Personal Enrichment Services
Current Process: CUP from ZA if greater than 5,000 s.f.;
Permitted by right if 5,000 s.f. or less
Proposed Process: Director approval with an AP and NN if greater than 5,000 s.f.
Permitted by right if 5,000 s.f. or less (remove incorrect
reference to additional provision “Y,” which requires NN)
Section 211.04 - Tattoo Establishments (Commercial General District only)
Current Process: CUP from PC
Proposed Process: CUP from ZA
These amendments are recommended because the land use issues related to these uses are
typically straight forward and could be adequately handled at the ZA or Director level or permitted by
right. An application to the Director currently has a processing time of approximately 30 to 45 days,
three months to the ZA, and four to six months to the PC. Reducing the processing time of non-
controversial applications would be beneficial to applicants and the City.
B.The following amendment involves codifying current policy:
Section 203.06 - Coverage, Lot or Site - Add that square footage of all building projections are
included.
By codifying this policy in the HBZSO, the information is readily accessible to staff and the public.
C.The following amendments include cleanup and clarification:
Section 203.06 - Assisted Living Facility - Add a definition of Assisted Living Facility for clarity based
on research by staff.
Section 203.06 - Guest House - Delete definition that is no longer necessary due to current
accessory dwelling unit provisions.
Section 203.06 - Setback Line - Clarify that setbacks along streets and alleys shall be measured from
the ultimate right-of-way as already noted in other sections of the HBZSO.
Section 204.08(D) -Add “Assisted Living” under the “Convalescent Facilities” use classification for
clarification. This does not result in a change in the permitting process for assisted living facilities or
the zoning districts where they may be allowed.
Section 204.10(T) and (U) -Delete medical/dental from “Offices, Business and Professional” and add
a separate “Offices, Medical and Dental” use classification to clarify the various types of
medical/dental businesses that would fall within this use classification as they have different parking
requirements than general office uses.
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Section 204.10(X) -Add permanent and semi-permanent make-up, such as microblading, and non-
surgical medspas to Personal Services use classification given the nature of these uses.
Section 204.10(GG) -Add new “Office for Vehicle Retail Sales/Wholesale” use classification to be
consistent with Department of Motor Vehicles.
Section 211.04 - Animal Sales and Services - Add “L-16” reference to Municipal Code distance
requirement for kennels from residential use.
Section 211.04 - Eating and Drinking Establishments with Alcohol - Delete Additional Provision (Y)
regarding NN since a CUP is already required.
Section 211.04 - Eating and Drinking Establishments with Outdoor Dining - Delete Additional
Provision (Y) regarding NN because unnecessary due to Additional Provision (X) which already
identifies the approval process.
Section 211.04 - Offices, Medical and Dental - Add separate use classification to land use schedule
to be permitted by right. This does not result in a change in the permitting process for medical/dental
offices or the zoning districts where they may be allowed.
Section 211.04 - Offices for Vehicle Equipment Sales & Rentals - Add separate use classification to
land use schedule to be permitted by right. This does not result in a change in the permitting process
for vehicle sales offices or the zoning districts where they may be allowed.
Section 211.06 - Development Standards - Change maximum floor area ratio in CV District from 1.5
to 0.5 to match General Plan.
Section 214.06 - Convalescent Facilities - Add use classification to the land use schedule to be
allowed with a CUP from PC. Currently, the City allows these types of uses, such as Assisted Living
facilities, in the Public-Semipublic zone under the Residential Care, General use classification subject
to a CUP from the PC.
Section 230.26 - Affordable Housing -
§A(2) (Purpose) - Add, “to prevent and end homelessness.”
§B(4) (Applicability) - Add residential projects “consisting of entirely for-sale units” eligible to
pay in lieu fee to provide flexibility.
§D (Off-Site Construction of Affordable Units) - Add “emergency shelters and/or navigation
centers” may be provided within the County of Orange since homelessness is a regional issue.
§E(6) (Miscellaneous Provisions) - Provide further clarification and add “Tenant Based Rental
Assistance programs” such as the City’s subsidized housing program.
Section 231.04 - Off-Street Parking and Loading Spaces Required - Add parking requirement for
Convalescent Facilities including specific standards for Skilled Nursing Facilities, Assisted Living
Facilities, and Continuing Care Retirement Communities.
Currently, the City applies the Residential Care, General parking standard, which requires one space
per three beds plus additional spaces as required by the CUP. As such, the City generally requires
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per three beds plus additional spaces as required by the CUP. As such, the City generally requires
an applicant to submit a parking demand study with the CUP application. This adds time and cost for
an applicant. Staff surveyed other cities and found that there are a wide variety of standards for
these types of uses. Many cities have not updated their parking requirements to account for current
market trends and parking demand. Other cities have adopted staff based parking standards, which
can be difficult to administer because they rely on applicant projections prior to establishment of the
use and do not reflect regulatory and business changes. However, the City of Thousand Oaks
conducted a study in 2016 and adopted revised parking requirements that encompass the various
demand factors (i.e. - parking for residents, visitors, staff, vendors, and shuttles) based on the
specific type of facility. The proposed parking requirement mirrors the Thousand Oaks parking
requirement because it is the most current, would be simple to administer and provides for adequate
parking.
Section 231.04 -Clarify parking for Eating and Drinking Establishments with 12 seats or less.
These amendments involve cleaning up the HBZSO to improve clarity, address deficiencies, and
keep it current. The few uses that have been added or clarified will not change the character of the
base zoning district and the uses authorized therein.
Urban Design Guidelines Conformance:
Not applicable.
Environmental Status:
ZTA No. 18-003 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20,
which supplements the California Environmental Quality Act because the request is a minor
amendment to the zoning ordinance that does not change the development standards intensity or
density.
Coastal Status:
The proposed amendment will be forwarded to the California Coastal Commission as a minor Local
Coastal Program Amendment for certification.
Design Review Board:
Not applicable.
Subdivision Committee:
Not applicable.
Other Departments Concerns and Requirements:
The proposed amendments were distributed for review by Public Works, Fire, Building, and Office of
Business Development and no staff concerns were identified.
Public Notification:
Legal notice was published in the Huntington Beach Wave on November 29, 2018 and notices were
sent to individuals/organizations requesting notification (Planning Division’s Notification Matrix). As
of December 4, 2018, no communications regarding the request have been received.
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File #:18-557 MEETING DATE:12/11/2018
Application Processing Dates:
DATE OF COMPLETE APPLICATION:MANDATORY PROCESSING DATE(S):
Not applicable Legislative Action - Not applicable
SUMMARY:
Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment
No. 18-003 with findings and forward to the City Council based on the following:
§Cleans up the HBZSO to improve clarity, address deficiencies, and maintain currency.
§Codifies existing policies and code interpretations and allows select entitlement requests to be
reviewed by a lower hearing body or to be permitted by right.
§Results in better customer service by providing a clear, prompt, and cost effective review
process.
§Consistent with General Plan goals and policies.
ATTACHMENTS:
1.Suggested Findings of Approval - ZTA No. 18-003
2. HBZSO Update Matrix of Changes
3. Chapter 203 (Definitions) Draft Ordinance and Legislative Draft
4. Chapter 204 (Use Classifications) Draft Ordinance and Legislative Draft
5. Chapter 211 (Commercial Districts) Draft Ordinance and Legislative Draft
6. Chapter 214 (Public-Semipublic District) Draft Ordinance and Legislative Draft
7. Chapter 230 - Section 230.26 (Affordable Housing) Draft Ordinance and Legislative Draft
8. Chapter 231 (Off-Street Parking and Loading Provisions) Draft Ordinance and Legislative
Draft
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City of Huntington Beach
File #:19-103 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Michael E. Gates, City Attorney
PREPARED BY:Michael E. Gates, City Attorney
Subject:
Adopt Emergency Ordinance No. 4177 adding Chapter 5.100 to the Huntington Beach
Municipal Code (HBMC) establishing a Sidewalk Vending Permitting and Regulatory Program
and repealing Section 5.50.170(F) which prohibits vending from a human powered
conveyance
Five Affirmative Votes are required to adopt per Charter Section 501
Statement of Issue:
The City of Huntington Beach currently prohibits Sidewalk Vending. On September 18, 2018,
Governor Brown signed into law Senate Bill (“SB”) 946, adding Government Code Sections 51036-
51039, which impose limits on how local authorities, may regulate sidewalk vending. SB 946 took
effect on January 1, 2019. The purpose of this Emergency Ordinance is to immediately establish a
Sidewalk Vendor Permitting and Regulatory Program to encourage small business activities by
removing total prohibitions on Sidewalk Vending and providing for the immediate regulation and
enforcement of unpermitted Sidewalk Vending Activities to protect the publics' health, safety and
welfare.
Financial Impact:
Not applicable.
Recommended Action:
Adopt Emergency Ordinance No. 4177, “An Emergency Ordinance of the City of Huntington Beach
Adding Chapter 5.100 To The Huntington Beach Municipal Code Establishing A Sidewalk Vending
Permitting And Regulatory Program And Repealing Section 5.50.170(F) Which Prohibits Vending
From A Human Powered Conveyance.”
Alternative Action(s):
Do not adopt Emergency Ordinance No. 4177, and provide Council direction.
Analysis:
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As discussed, the City of Huntington Beach currently prohibits Sidewalk Vending. The State has
recently adopted legislation that attempts to deregulate, on the local level, sidewalk vending by
attempting to preempt city laws with regard to Sidewalk Vending. This State law, SB 946, seeks to
impermissibly strip the Charter cities authority under Article XI, Section 5 of the California Constitution
with respect to “Municipal Affairs.” However, the authority of a City to regulate its parks and sidewalks
has long been recognized as a Municipal Affair and as such outside the reach of State law. To
encourage and promote small business, and avoid conflicts with regard to regulation of the City
sidewalks and parks, this Emergency Ordinance is adopted pursuant to Huntington Beach Charter
Section 103. Charter Section 103 authorizes the City Council “to make and enforce all laws and
regulations in respect to Municipal Affairs.” This Emergency Ordinance seeks to strike a balance
between promoting small businesses in the form of sidewalk vending with the health, safety and
welfare, of the City of Huntington Beach. The regulations contained within this Emergency
Ordinance are necessary in part to:
1. Ensure no interference with the performance of public safety officers including, police,
firefighter, lifeguard, security and emergency medical personnel services;
2. Ensure no interference with pedestrian or vehicular traffic including ingress into, or egress
from, any residence, public building, or place of business, or from the street to the sidewalk, by
persons exiting or entering parked or standing vehicles;
3. Provide reasonable access for Sidewalk Vending Activities in portions of the City while
preserving the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals,
hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/or
planters, as well as access to locations used for public transportation services;
4. Ensure the safe sale of Food and Merchandise in the public right-of-way, by providing the
public a simple way to ensure Sidewalk Vendors prepare Food safely and according to Orange
County Department of Public Health requirements;
5. Protect the flow of pedestrian or vehicular traffic including ingress into, or egress from, any
residence, public building, or place of business, or from the street to the sidewalk, by persons exiting
or entering parked or standing vehicles; and
6. Reduce exposure to the City for personal injury or property damage claims and litigation.
This Emergency Ordinance is also adopted as an emergency measure pursuant to Charter Section
501 for the immediate preservation of the public peace, health, and safety, by eliminating any
uncertainty regarding the extent that sidewalk vending will be permitted in the City in light of the
passage of SB 946. This Ordinance will expire in 120 days. During this time period, staff will return to
City Council with recommendations for a permanent Ordinance to address additional issues related
to this program.
Environmental Status:
Not applicable.
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Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. Ordinance No. 4177, “An Emergency Ordinance of the City of Huntington Beach Adding
Chapter 5.100 to the Huntington Beach Municipal Code Establishing a Sidewalk Vending
Permitting and Regulatory Program, and Repealing Section 5.50.170(F) Which Prohibits
Vending from a Human Powered Conveyance”
2. Legislative Draft re HBMC Section 5.50.170.
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City of Huntington Beach
File #:18-590 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Ursula Luna-Reynosa, Director of Community Development
Subject:
Expedite Permit Process for Electric Vehicle Charging Stations on Private Property by
approving for introduction Ordinance No. 4166
Statement of Issue:
Transmitted to City Council for consideration is an ordinance to create an expedited, streamlined
permitting process for electric vehicle charging stations on private property.
Financial Impact:
Not applicable.
Recommended Action:
Approve for introduction Ordinance No. 4166, “An Ordinance of the City of Huntington Beach Adding
Chapter 17.62 to the Huntington Beach Municipal Code Regarding Expedited Electric Vehicle
Charging Station Permitting.”
Alternative Action(s):
The City Council may make the following alternative motions:
1. Do not approve for introduction Ordinance No. 4166 and direct staff accordingly.
Analysis:
As electric vehicles have increased in popularity, the City has seen more interest from private
property owners, both residential and commercial, to install electric vehicle charging stations at their
properties. To promote and encourage the use of Electric Vehicle Charging Stations, to limit
obstacles to their use, and to promote the health, safety, and welfare of the citizens of Huntington
Beach, the City desires to create an expedited, streamlined permitting process for the installation of
Electric Vehicle Charging Stations. Staff has prepared an ordinance for City Council consideration.
The ordinance clearly articulates a ministerial process for approving Electric Vehicle Charging
Stations by providing objective criteria via a checklist (one for residential properties and one for
commercial properties). If an application meets the objective requirements established via the
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commercial properties). If an application meets the objective requirements established via the
proposed ordinance then a permit shall be issued immediately. The ordinance also provides that the
City will allow for electronic submittals of applications. These changes help to expedite and
streamline the permitting process for the installation of Electric Vehicle Charging Stations.
Environmental Status:
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) under
Guidelines Section 15061, subdivision (b)(3), which applies where there is no possibility that the
activity in question may have a significant effect on the environment. The proposed ordinance
establishes a streamlined/expedited permit process for EV-charging stations. No development or
physical changes to the environment would occur as a result.
Strategic Plan Goal:
Enhance and Maintain City Service Delivery
Attachment(s):
1. Ordinance No. 4166 adding Chapter 17.62 to the Huntington Beach Municipal Code
2. EV Charger Checklist (Residential)
3. Commercial EV Charger Checklist
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Purpose
The purpose of this guideline is to assist permit applicants in streamlining the permitting and
inspection process for Residential Single Family EV Chargers.
Site Plan
Provide two copies of the job-specific site plan showing:
The location of the building and street name
All EV receptacle location(s), conduit type / size, wire type / size, conductors, equipment
ground size, and existing or proposed electric meter location
Zoning Code Compliance
Manufacturer’s Specifications
Provide two copies of the manufacturer’s charger specifications. These specifications will
show requirements and data for the EV charger being installed as well as a listing agency
approval.
Electrical Service Load Calculation Form
Provide two copies of our Electrical Service Calculation Form. Follow steps one thru nine to
figure out the minimum amperage needed for your main electric meter.
Sample Site Plan
City of Huntington Beach
Department of Community Development
EV CHARGER CHECKLIST
2000 Main Street, Huntington Beach, CA 92648
Office: (714) 536 - 5241 Fax: (714) 374 - 1647
451
2000 Main Street 3rd Floor
Huntington Beach, Ca 92648
714/536-5241
Optional Method Service Load Calculation for a Single Dwelling Unit (CEC 220.82)
1. General Lighting and Receptacle Loads 220.82(B)(1)
Do not include open porches, garages, or unused or
unfinished spaces not adaptable for future use.
3 x =
(sq ft using outside dimensions)
1
2. Small-Appliance Branch Circuits 20.82(b)(2)
At least two small-appliance branch circuits must be
included. 210.11(C)(2)
1500 x =
(minimum of two)
2
3. Laundry Brach Circuit(s) 220.82(B)(2)
At least one laundry branch circuit must be included.
210.11(C)(2).
1500 x =
(minimum of one)
NOTE: 1500 VA shall be included for each
laundry branch circuit.
3
4. Appliances 220.82(B)(3) and (4) Do not include any heating Total volt-amperes
Use nameplate rating of all or air-conditioning of all appliances.
appliances (fastened in place, equipment in this section. LISTED BELOW
permanently connected, or
connected to a specific circuit), water heater/ /
ranges, ovens, cooktops, motors, and dishwasher / / ___
clothes dryers. Convert any nameplate clothes dryer/ / _______
rating given in amperes to volt-amperes disposal / / ___
by multiplying the amperes by the range / __ / _
rated voltage. EV / /
4
5. Apply 220.82(B) demand factor to the total of lines 1 through 4.
- 10,000 = x 40% = + 10,000 =
(total of line 1 through 4)
5
6. Heating or Air-Condition System 220.82(C)
Use the nameplate ratings in volt-amperes for all
applicable systems in lines ‘a’ through ‘c’.
A) Air-Conditioning and cooling systems, including heat pumps
without any supplemental electric heating:
x 100% =
A
B) Electric thermal storage and other heating systems where the
usual load is expected to be continuous at full nameplate
value. Systems qualifying under this section shall not be
figured under any other selection in 220.82(C).
C) Supplemental electric heating equipment for heat-pump
systems. Include the heat-pump compressor(s) at 100%. If the
heat-pump compressor is prevented from operating with the
supplement heat, omit the compressor.
x 100% =
B x 65% =
C
7. Total Volt-Ampere
Demand Load:
+ =
(largest VA rating from line 6a through 6c) (line 5)
7
8. Minimum Amperes
Divide the total
Volt-amperes ÷ =
by the voltage. (line 7) (voltage)
8
(minimum
amperes)
9. Minimum Size
Service or
Feeder
240.6(A)
9
(minimum is
100 amperes)
10. Size the Service of Feeder Conductors.
Use 310.15(B)(6) to find the service conductors up to 400 amperes.
Ratings in excess of 400 amperes shall comply with Table 310.16.
310.15(B)(6) also applies to feeder conductors serving as the main power feeder.
Minimum Size
Conductors
10
11. Size the Grounding Electrode Conductors.
Use line 10 to find the grounding electrode conductor in Table 250.66.
Size the Equipment Grounding Conductor (for Feeder). 250.122.
Use line 9 to find the equipment grounding conductor in Table 250.122.
Equipment grounding conductor types are listed in 250.118.
Minimum Size
Conductors
12
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Purpose
The purpose of this guideline is to assist permit applicants in streamlining the plan review, permitting
and inspections of commercial EV Charging stations.
Check all applicable boxes for plan check submittal. All items need to be included to be eligible
for Expedited Plan Review.
Plan Submittal Requirements
Provide three copies of the job-specific plans showing:
Site Plan
Site plan showing EVCS location(s)
Accessible route(s) to building entrance
EV charging station parking space and access aisle dimensions
EV equipment and service equipment locations
Specific address of electric meter
Conduit runs
Zoning Code Compliance
Electrical Plan Submittal Requirements
Equipment cut sheets
Circuit ampacity and voltage
Conductor sizes and types (ie. 3 #4’s c.u. THWN)
Conduit types and burial depths (CEC 300.5)
Overcurrent protection
Calculations showing the new loads on new or existing service equipment
Provide voltage drop calculations on plans
Provide single line diagram on plans
Provide available short circuit calculation and method of rating the added sub-panels (if
needed)
Disabled Access Code Reference
Accessible, van accessible, and ambulatory charging stations shall be provided in quantities
specified in Table 11B-228.3.2.1.
EV charging stations shall be located on an accessible route to the building entrance. (11B-
812.5.1)
Note on plans: “Ground surfaces at EVCS shall have a maximum slope of 1:48 (2.083%).”
EV charging equipment shall be on an accessible route from the parking space, and operable
parts shall be within reach ranges. (11B-812.5.2, 11B-812.2, and 11B-812.10.3)
EV spaces shall measure 216 inches long. (11B-812.6)
City of Huntington Beach
Department of Community Development
COMMERCIAL EV CHARGER
CHECKLIST
2000 Main Street, Huntington Beach, CA 92648
Office: (714) 536 - 5241 Fax: (714) 374 - 1647
453
EVCS spaces shall be marked with “EV CHARGING ONLY” in 12 inch letters centered at the
end of the space. (11B-812.9)
EV space widths shall comply as follows:
Van accessible spaces shall measure 144 inches wide.(11B-812.6.1)
Standard accessible spaces shall measure 108 inches wide. (11B-812.6.2)
Ambulatory accessible spaces shall measure 120 inches wide. (11B-812.6.3)
Access aisles measuring 60 inches wide for the length EV space shall be provided adjacent to
the EV parking spaces. The access aisle of a van space shall be on the passenger side of the
vehicle space. (11B-812.7)
Access aisles shall be marked with hatched lines spaced at 36 inches on center between the
painted border lines. (11B-812.7.2)
The words “NO PARKING” in 12-inch white letters shall be painted at the end of the access
aisle. (11B-812.7.3)
Identification signs shall be provided where more than four EVCS are provided as follows:
(11B-812.8)
At least one van accessible EVCS shall be identified where there are 5-25 total EVCS.
Van accessible and standard accessible EVCS shall be identified where there are more than 25
total EVCS.
Reflectorized signs including the ISA measuring 70 square inches and positioned at 80 inches
above the ground surface as measured to the bottom of the sign shall be installed at the front of
each accessible parking space. (11B-812.8.7)
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City of Huntington Beach
File #:18-664 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:David A. Segura, Fire Chief
Subject:
Approve for introduction Ordinance No. 4171 amending the Huntington Beach Municipal Code
(HBMC) by updating Chapter 17.56.200 related to emergency responder access to private
property
Statement of Issue:
The City Council is requested to approve introduction of the attached ordinance revising Municipal
Code Chapter 17.56.200 relating to emergency responder access to private property.
Financial Impact:
Not applicable.
Recommended Action:
Approve for introduction Ordinance No. 4171,“An Ordinance of the City of Huntington Beach
Amending Chapter 17.56.200 of the Huntington Beach Municipal Code Regarding Security Gates.”
Alternative Action(s):
Do not approve introduction of Ordinance No. 4171, and direct staff accordingly.
Analysis:
Huntington Beach Municipal Code Chapter 17.56.200 specifies the requirements for emergency
responder access to private property. It includes lock box requirements, locations, configuration,
access, etc.
The ordinance shown as Attachment 1 revises this section of the Municipal Code to require multi-
family residential complexes to sub-master lock boxes for law enforcement access. This will allow
police department personnel to gain entry to common areas, interior corridors, and other parts of
these complexes in the event of an emergency. The existing code provides the same access for fire
department personnel and the proposed update will allow access for police personnel.
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A legislative draft showing the revisions to the Municipal Code is shown as Attachment 2.
Environmental Status:
None.
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
1. Ordinance No. 4171,“An Ordinance of the City of Huntington Beach Amending Chapter
17.56.200 of the Huntington Beach Municipal Code Regarding Security Gates”
2. Legislative Draft Huntington Beach Municipal Code Chapter 17.56.200 - Ordinance No. 4171
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City of Huntington Beach
File #:19-097 MEETING DATE:1/22/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Mike Posey, City Councilmember
Subject:
City Councilmember Item submitted by Councilmember Posey for the January 22, 2019 City
Council meeting - Formation of a Charter Review Commission
Statement of Issue:
Section 804 of the City Charter states that the City Council shall determine if there is a need to convene a
citizen’s Charter Review Commission to conduct a review of the City Charter no less than every ten years. On
April 20, 2009, the City Council voted to convene a Charter Review Commission comprised of 15 members. It
has been nearly ten years since the last Charter Review Commission was convened and the time has come to
reconvene the Commission to review the potential update of the City’s Charter.
Noted City Charter expert, Dr. Sonenshein, was retained to guide the Commission through the 2009 review
process. The Commission meetings were publicly noticed and open to the public for comment. The
Commission met for a year. Their final report was presented to the City Council in April 2009, and their
Charter recommendations were approved via Resolution No. 2010-41 on June 7, 2010. Once their
recommendations were received and approved by the City Council, the Commission was formally dissolved by
Council action on June 21, 2010. The Commission primarily recommended language changes to the Charter
and technical amendments that amended current election processes and included certain changes to the form
of government.
It would be prudent for the City Council to convene a new Charter Review Commission as it has been ten
years since the last review and the Commission will take nearly a year to study and present their
recommendations to City Council on any proposed changes/updates. The proposed changes to the Charter
were ratified by the voters on November 2, 2010 and were filed with the Secretary of State on January 6, 2011.
Recommended Action:
Direct the City Manager to:
A)Convene the Charter Review Commission to be made up of 15 members--7 appointed
individually by each of the City Council Members and 8 to be appointed by the City Council as
a whole; and
B)Retain the services of a Charter Review Consultant to assist the Commission and staff in the
review of the Charter.
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