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AGENDA
CITY COUNCIL/PUBLIC FINANCING AUTHORITY
Monday, February 4, 2019
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
Study Session - 4:00 PM / Closed Session - 5:00 PM
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
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City Council/Public Financing Authority AGENDA February 4, 2019
4:00 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 STUDY SESSION / CLOSED SESSION ITEMS (3
Minute Time Limit)
STUDY SESSION
19-0421.Joint Study Session between the City Council and the
Investment Advisory Board (IAB). The IAB and City
Treasurer will make a presentation of the 2018 Annual
Report as it relates to the City of Huntington Beach’s
investment management.
Roll Call of the Investment Advisory Board: Rob Sternberg,
Jennifer Handy, Scott Dowds, John Piekarski, Syndia
Attardo, A.J. DiLiberto and Mark Ellett.
19-1252.Police Department Update
RECESS TO CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT(S)
19-1553.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 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 , who will be participating in today's Closed
Session discussion regarding labor negotiations with:
Huntington Beach Police Officers’ Association (POA).
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City Council/Public Financing Authority AGENDA February 4, 2019
CLOSED SESSION
19-1004.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).
19-1475.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: California
Department of Housing and Community Development;
OCSC Case No. 30-2019-01046493.
19-1546.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).
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
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.
18-6367.Kelly Frankiewicz Pastoral Associate at Leisure World
Community Church and member of the Greater Huntington
Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
Page 2 of 7
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City Council/Public Financing Authority AGENDA February 4, 2019
AWARDS AND PRESENTATIONS
19-1228.Mayor Peterson to call on Ken Inouye to present the Orange
County Human Relations Commission Annual Report.
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
CITY MANAGER'S REPORT
CITY TREASURER'S REPORT
19-1219.Receive and file the City Treasurer's December 2018
Quarterly Investment Summary Report
Receive and file the City Treasurer’s Quarterly Investment Report for December 2018,
pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach .
Recommended Action:
19-12910.Adopt Resolution No. 2019-08 approving the 2019
Investment Policy
Adopt Resolution No. 2019-08, “A Resolution of the City Council of the City of Huntington
Beach Approving the Statement of Investment Policy 2019.”
Recommended Action:
CITY ATTORNEY'S REPORT
19-14511.PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR
DECLARATORY RELIEF - California Department of Housing
and Community Development, Petitioner and Plaintiff, v.
City of Huntington Beach; City Council of Huntington
Beach; Case No. 30-2019-01046493-CU-JR-CJC. Judge
Sheila Fell.
CITY CLERK'S REPORT
19-15712.City Clerk to provide information on Laserfiche data
conversion affecting public records located in the Online
Records Library
Page 3 of 7
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City Council/Public Financing Authority AGENDA February 4, 2019
CONSENT CALENDAR
19-11213.Approve and Adopt Minutes
Approve and adopt the City Council/Public Financing Authority regular meeting and
Special Meeting of the Successor Agency minutes dated January 22, 2019, as written and
on file in the Office of the City Clerk.
Recommended Action:
19-13114.Approve the appointment of Keith Bohr, Phil Burtis, Jeff
Morin, Chris Kunze, Michael Bourgeault, David Porter, and
Mario Tabernig to the newly established Jet Noise
Commission with terms to expire 12/31/2022
Approve the appointments to the Jet Noise Commission as approved by Council Liaisons,
Councilmembers Patrick Brenden and Barbara Delgleize for Keith Bohr, Phil Burtis, Jeff
Morin, Chris Kunze, Michael Bourgeault, David Porter, and Mario Tabernig. These terms
will expire on December 31, 2022.
Recommended Action:
19-12715.Approve Modifications to the Ambulance Operator
Employment Agreement Reflecting Changes Related to the
California Minimum Wage Effective January 1, 2019, through
January 1, 2022
Approve Modifications to the Ambulance Operator Employment Agreement Reflecting
Changes Related to the California Minimum Wage Effective January 1, 2019.
Recommended Action:
19-03416.Approve and authorize the execution of Amendment No. 1
to the Cooperative Agreement with the Orange County
Transportation Authority for the Traffic Signal
Synchronization Project along Adams Avenue and
Appropriate $30,000 in Matching Funds for the Project
(CC-1482)
A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to
Cooperative Agreement No. C-3-2086 Between Orange County Transportation Authority
and The Cities of Huntington Beach and Costa Mesa for The Adams Avenue Regional
Traffic Signal Synchronization Project” funded as part of the Measure M2 Regional Traffic
Signal Synchronization; and,
B) Appropriate $30,000 from the AQMD Undesignated Fund Balance to project account
Recommended Action:
Page 4 of 7
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City Council/Public Financing Authority AGENDA February 4, 2019
20190011.82700.
19-11117.Approve and authorize the execution and recordation of an
Easement, Construction and Maintenance Agreement with
HB Homes Management, LLC and the Huntington Beach
Elementary School District for the LeBard Redevelopment
Project at 20461 Craimer Lane
A) Approve and authorize the Mayor and City Clerk to execute the “Easement,
Construction and Maintenance Agreement Regarding Tract Map No. 17801 ,” between the
City, HB Homes Management, LLC and the Huntington Beach Elementary School District
to provide easements, construction of certain park improvements and maintenance of
landscaping/park improvements related to certain water quality and drainage features in
the LeBard Redevelopment Project.
B) Instruct the City Clerk to record said “Easement, Construction and Maintenance
Agreement Regarding Tract Map No. 17801” (and attachments) with the Orange County
Recorder.
Recommended Action:
19-11818.Adopt Ordinance No. 4166 expediting the Permit Process for
Electric Vehicle (EV) Charging Stations on Private Property
Approved for introduction January 22, 2019 - Vote: 6-0-1
(Delgleize out of room)
Adopt 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:
19-11919.Adopt Ordinance No. 4171 amending the Huntington Beach
Municipal Code (HBMC) by updating Chapter 17.56.200
related to emergency responder access to private property
Approved for introduction January 22, 2019 - Vote: 7-0
Adopt 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:
19-11720.Adopt Ordinance Nos. 4172, 4173, 4174, 4175, and 4176
approving Zoning Text Amendment (ZTA) No. 18-003 (Zoning
and Subdivision Ordinance Update)
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City Council/Public Financing Authority AGENDA February 4, 2019
Approved for introduction January 22, 2019 - Vote: 7-0
A) Adopt 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);”
and,
B) Adopt 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);” and,
C) Adopt 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);” and,
D) Adopt 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,
E) Adopt 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).
Recommended Action:
ADMINISTRATIVE ITEMS
18-52721.Approve for introduction Ordinance No. 4163 amending
Huntington Beach Municipal Code Chapter 5.56 related to
Alarm Systems both residential and commercial, burglary
alarms; and Adopt Resolution No. 2019-07 increasing fees
for burglar alarm businesses and alarm system subscribers
collected by the Police Department as established pursuant
to Resolution No. 6656, and incorporating the increased fees
into the Consolidated Comprehensive Citywide Master Fee
and Charges Schedule as established by Resolution No.
2016-59, and amended by Resolution Nos. 2017-46, 2018-01,
2018-29, 2018-48, and 2018-55 (Supplemental Fee
Resolution No. 8).
A) Approve for introduction Ordinance No. 4163, “An Ordinance of the City of Huntington
Beach Repealing Chapter 5.56 of the Huntington Beach Municipal Code Relating to
Burglar Alarms and Adding Back a Revised Chapter 5.56 Relating to the Regulation of
Burglar Alarms;” and,
Recommended Action:
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City Council/Public Financing Authority AGENDA February 4, 2019
B) Adopt Resolution No. 2019-07 , “A Resolution of the City Council of the City of
Huntington Beach Increasing Fees for Burglar Alarm Businesses and Alarm System
Subscribers Collected by the Police Department as Established Pursuant to Resolution
No. 6656, and Incorporating the Increased Fees Into the Consolidated Comprehensive
Citywide Master Fee and Charges Schedule as Established by Resolution No. 2016-59,
and Amended by Resolution Nos. 2017-46, 2018-01, 2018-29, 2018-48, and 2018-55
(Supplemental Fee Resolution No. 8).”
19-07622.Approve and authorize execution of a five-year contract for
approximately $120,000 annually to administer the False
Alarm Reduction Program with PM AM Corporation
Approve and authorize the Mayor and City Clerk to execute after Ordinance No. 4163 is
effective the “Contract For False Alarm Billing and Tracking Services” between the City of
Huntington Beach and PM AM Corporation for the administration of the False Alarm
Reduction Program.
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
A Strategic Planning Session has been scheduled for 8:00 AM, Thursday,
February 7, 2019 at Huntington Beach Central Library, 7111 Talbert Avenue,
Huntington Beach, CA
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing
Authority is Tuesday, February 19, 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 7 of 7
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City of Huntington Beach
File #:19-042 MEETING DATE:2/4/2019
Joint Study Session between the City Council and the Investment Advisory Board (IAB). The
IAB and City Treasurer will make a presentation of the 2018 Annual Report as it relates to the
City of Huntington Beach’s investment management.
Roll Call of the Investment Advisory Board: Rob Sternberg, Jennifer Handy, Scott Dowds,
John Piekarski, Syndia Attardo, A.J. DiLiberto and Mark Ellett.
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CITY OF HUNTINGTON BEACH
INVESTMENT ADVISORY BOARD
ANNUAL REPORT TO THE CITY COUNCIL
FOR: 2018
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INVESTMENT ADVISORY BOARD (IAB)
Establishment of Board
The Investment Advisory Board was created to act in an advisory capacity to the City Council and
City Treasurer in matters pertaining to all of the City’s investments by the City Council in May of
1995 by Resolution #3284. The Board is governed by the City’s municipal code chapter 2.110 and
is subject to the open meeting law (“Brown Act”).
Board Membership
The Investment Advisory Board shall consist of up to seven members. Each City Council member
may appoint one member of the Board to serve the same term as the City Councilmember.
For 2018, the members were as follows:
Name Council Member
Rob Sternberg Patrick Brendan
Lydia Dupont Billy O’Connell
Scott Dowds Barbara Delgleize
Jennifer Handy Jill Hardy
John Piekarski Mike Posey
A.J. DiLiberto Lyn Semeta
Mark Ellett Erik Peterson
For 2019, the incoming member is:
Name Council Member
Syndia Attardo Kim Carr
Board Duties
The duties of the IAB as defined in the municipal code include:
1) Preparation of an Annual Report to be submitted to the City Council
2) Review and make recommendations regarding:
- The City’s Investment Policy Statement
- Investment strategies and opportunities
- Relevant governmental legislation
- Quarterly investment reporting and compliance
3) Attend quarterly meetings
City Treasurer Activities
The City Treasurer attended and participated in various activities during the period October, 2017
– December, 2018 including (but not limited to):
LAIF Update Webinar – October, 2017
Various CSMFO/CMTA Orange County Chapter meetings
VHB Tourism Summit – March, 2018.
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Wells Fargo Bank “Treasury Insights” training – May, 2018
CDIAC “Local Agency Investment Guidelines 2018 Update” Webinar – May, 2018
Huntington Beach Chamber of Commerce Economic Conference – May, 2018
CalPERS CERBT Fund Workshop - July, 2018
CAMP Market Update: “What to Expect in a Rising Rate Environment” Seminar – October,
2018
The City Treasurer, in conjunction with the Orange County Auditor-Controller Eric H. Woolery,
CPA, presented an O.C. Taxpayer Watchdog Event “How to Read a Government Budget” in
December of 2017.
The City Treasurer received the “Orange County Taxpayer Watchdog Award” from the Orange
County Auditor-Controller Eric H. Woolery, CPA in November of 2017.
As well, in August of 2018, the City Treasurer was appointed by the Orange County Board of
Supervisors to the O.C. Treasury Oversight Committee to serve a three-year term.
Investment Advisory Board Activities
The two major activities of the Board consisted of reviewing each quarterly investment report and
reviewing the City of Huntington Beach Investment Policy annually, prior to their presentation at a
City Council meeting.
The meetings of the Board for the period from October 1, 2017 to December 31, 2018 were open
to the public, as required by Government Code 54950, and were held on the following dates in City
Hall:
October 19, 2017
January 18, 2018
April 19, 2018
July 19, 2018
October 18, 2018
The Annual Study Session for the previous year was held on February 5, 2018.
As required under Huntington Beach Municipal Code 2.110.040(b), the Investment Advisory Board
reviewed matters pertaining to the City’s investments as follows:
Reviewed the annual Investment Policy Statement.
Discussed cash management and the maintenance of continued sufficient liquidity to meet
estimated expenditures.
Reviewed risk-return analysis as it relates to safety, liquidity and yield.
Reviewed and discussed relevant economic activity and policy.
Reviewed appropriate state and federal legislation as it may impact the City’s investments,
including updates to the California Government Code Section 53601.
Reviewed any anticipated exposure to loss through the analysis of liquidity, credit & market
value of investments.
Reviewed quarterly reports prior to presentation to the City Council.
Reviewed quarterly compliance with Investment Policy. No exceptions were identified.
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Conclusions
Based on the information reviewed by the Investment Advisory Board for 2018, the Board
acknowledges that the City Treasurer has maintained compliance with all requirements in the
City’s Investment Policy and related governmental regulations, and has managed the City’s
investment portfolio in a prudent and suitable manner.
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February 4, 2019
Alisa Backstrom, CCMT, CPFIM
City Treasurer
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City of Huntington Beach
Investment Advisory Board
Governed by Chapter 2.110 of Municipal Code
Acts in an advisory capacity to City Council and
City Treasurer in matters pertaining to the City’s
investments
Each City Council member appoints one member
to serve concurrent term
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Investment Advisory Board Members
2018 Members:
A.J. DiLiberto Appointed by Lyn Semeta
Scott Dowds Appointed by Barbara Delgleize
Lydia Dupont Appointed by Billy O’Connell
Mark Ellet Appointed by Erik Peterson
Jennifer Handy Appointed by Jill Hardy
John Piekarski Appointed by Mike Posey
Rob Sternberg Appointed by Patrick Brendan
2019 Incoming Member:
Syndia Attardo Appointed by Kim Carr
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Investment Advisory Board Meetings
•Meetings are held quarterly. For 2018:
•January 18
•April 19
•July 19
•October 18
•Open to the public per the Brown Act
•Annual Study Session –1st meeting Feb.
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2018 Annual Report
Reviewed quarterly investment reports
prior to presentation to City Council
Reviewed and confirmed City’s
Investment Policy
Reviewed / discussed City’s other
investments
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2018 Annual Report
Confirmed liquidity availability / discussed
short-term investment options including
LAIF
Discussed current events, economic/
market conditions, governmental
regulations
Reviewed compliance –No exceptions
identified
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Investment Advisory Board
Conclusions:
City Treasurer has managed City funds as
a fiduciary with adherence to governmental
regulations, and
Maintained and followed Investment Policy
Statement guidelines and criteria:
Safety
Liquidity
Market Rate of Return through economic
and budgetary cycles
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City of Huntington Beach
File #:19-125 MEETING DATE:2/4/2019
Police Department Update
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City of Huntington Beach
File #:19-155 MEETING DATE:2/4/2019
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
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 , who will
be participating in today's Closed Session discussion regarding labor negotiations with:
Huntington Beach Police Officers’ Association (POA).
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City of Huntington Beach
File #:19-100 MEETING DATE:2/4/2019
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 #:19-147 MEETING DATE:2/4/2019
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: California
Department of Housing and Community Development; OCSC Case No. 30-2019-01046493.
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City of Huntington Beach
File #:19-154 MEETING DATE:2/4/2019
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).
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City of Huntington Beach
File #:18-636 MEETING DATE:2/4/2019
Kelly Frankiewicz Pastoral Associate at Leisure World Community Church and member of
the Greater Huntington Beach Interfaith Council
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City of Huntington Beach
File #:19-122 MEETING DATE:2/4/2019
Mayor Peterson to call on Ken Inouye to present the Orange County Human Relations
Commission Annual Report.
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City of Huntington Beach
File #:19-121 MEETING DATE:2/4/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Alisa Backstrom, City Treasurer
Subject:
Receive and file the City Treasurer's December 2018 Quarterly Investment Summary Report
Statement of Issue:
Receive and file the City Treasurer’s Quarterly Investment Report for December 2018, pursuant to
Section 17.0 of the Investment Policy of the City of Huntington Beach.
Financial Impact:
Not Applicable
Recommended Action:
Receive and file the City Treasurer’s Quarterly Investment Report for December 2018, pursuant to
Section 17.0 of the Investment Policy of the City of Huntington Beach.
Alternative Action(s):
Deny or critique Quarterly Report
Analysis:
Not Applicable
Environmental Status:
Not Applicable
Strategic Plan Goal:
Strengthen economic and financial sustainability
Attachment(s):
1. Treasurer’s Quarterly Investment Report for December 2018
2. Treasurer’s PowerPoint Presentation for December 2018
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City of Huntington BeachQuarterly Treasurer’s Report
Quarter Ending: December 31, 2018
Prepared by: Alisa Backstrom, CCMT, CPFIM, City Treasurer
67
Economic and Market Overview -At 12/31/18
12-month Inflation Rate: 2.2%
Unemployment stable at 3.9%
Federal Reserve raised interest rates: Fed Funds 2.25%-2.50%
Equity Market Volatility
9/30/18 12/31/18 % Chg
DJIA:26,458 23,327 11.8%
S&P:2,913 2,506 13.9%
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Interest Rates –2-year/5-year/10-year Treasury
2-year
5-year
10-year
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Treasurer’s Mission:
Preservation and Return
OF
Investments
Governed by:
•CA State Regulations
•City’s Investment Policy -
√ Certified by CMTA
Goal: Legal/Suitable Investments
•Safety
•Liquidity
•Market rate of return through
budgetary and economic cycles
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Portfolio Summary
As of 12/31/18
Investment Type / Market Value:
•Federal Agencies -$140.8MM
•Corporate Bonds -$39.4MM
•Treasury Securities -$14.8MM
•Commercial Paper -$3.0MM
•LAIF -$16.2MM
•IADB -$6.9MM
TOTAL PORTFOLIO: $221.1MM
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Investments by Type
As of December 31, 2018
Federal
Agencies 64%
Corp Bonds
18%
Comm’l Paper
1%
LAIF 7%
Treasuries 7%
IADB 3%
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Monthly Portfolio Earnings –Jan 2018 to Dec 2018
$ in 000’s
Rebalance73
Portfolio Earnings -As of December 31, 2018
Current Year -Month December, 2018:$360,417 54%
vs. last year: $233,822
Current Year -Fiscal YTD Through 12/31/18:$1,904,902 31%
vs. last year:$1,454,698
Purchase Yield December, 2018: 2.05%
Benchmark*: 2.42% *12mo. moving avg. interpolated 1.5YR CMT
Notes Rapidly rising interest rates
As securities mature, reinvest at higher rates
74
Compliance
The portfolio is in compliance with all relevant State regulations
and the City’s Investment Policy
Selected Investment Policy Requirements:
Investment Type Max. Maturity Max. % of Portfolio Ratings
Federal Agencies 5 yrs none AAA/Aa
IADB 5 yrs 10%AAA/Aaa
Corporate Bonds 5 yrs 30%A or above
Commercial Paper 270 days 25%A-1/P-1
LAIF n/a $65MM per n/a
account
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City of Huntington Beach
File #:19-129 MEETING DATE:2/4/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Alisa Backstrom, City Treasurer
Subject:
Adopt Resolution No. 2019-08 approving the 2019 Investment Policy
Statement of Issue:
Pursuant to California Government Code, the Treasurer of the local agency may render an annual
statement of investment policy to the legislative body for consideration and adoption. The City
Treasurer, with the assistance of the Investment Advisory Board, has prepared an updated
investment policy.
Financial Impact:
Not applicable.
Recommended Action:
Adopt Resolution No. 2019-08, “A Resolution of the City Council of the City of Huntington Beach
Approving the Statement of Investment Policy 2019.”
Alternative Action(s):
Do not adopt Resolution 2019-08.
Analysis:
The City Treasurer is responsible for the administration of the investments of City of Huntington
Beach. The purpose of the Investment Policy is to establish cash management and investment
guidelines for the investment of the City’s unexpended cash balances, which exclude employee
retirement funds, funds governed by bond indenture agreements and other funds managed
separately. This policy shall apply to each investment transaction and the entire portfolio, which must
comply with the California Government Code, Sections 53600 through 53683, and all other
applicable laws and regulations.
The City’s Investment Policy may be rendered annually to the City Council to ensure its consistency
with the overall objectives of preservation of principal, liquidity and return. The attached Investment
Policy has been reviewed by the City’s Investment Advisory Board and approved as to form by the
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File #:19-129 MEETING DATE:2/4/2019
City Attorney.
There are no changes to the Investment Policy for 2019. The Investment Policy has been certified by
the California Municipal Treasurers Association stating that it complies with the current State statutes
governing the investment practices of local government entities located within the State of California.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Strengthen economic and financial sustainability
Attachment(s):
1. Resolution No. 2019-08, “A Resolution of the City Council of the City of Huntington Beach
Approving the Statement of Investment Policy 2019.”
2. 2019 Investment Policy.
City of Huntington Beach Printed on 1/30/2019Page 2 of 2
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CITY OF HUNTINGTON BEACH
STATEMENT OF INVESTMENT POLICY
2019
Exhibit A - Resolution No. 2019-08
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CITY OF HUNTINGTON BEACH
STATEMENT OF INVESTMENT POLICY
2019
TABLE OF CONTENTS
SECTION
1.0 Purpose..................................................................................................................... 3
2.0 Policy ........................................................................................................................ 3
3.0 Scope......................................................................................................................... 3
4.0 Prudence .................................................................................................................. 4
5.0 Objective .................................................................................................................. 4
6.0 Investment Advisory Board ................................................................................... 5
7.0 Delegation of Authority .......................................................................................... 5
8.0 Ethics and Conflicts of Interest ............................................................................. 6
9.0 Authorized Financial Dealers & Institutions ....................................................... 6
10.0 Authorized & Suitable Investments ...................................................................... 7
11.0 Portfolio Adjustment ............................................................................................ 13
12.0 Collateralization .................................................................................................... 13
13.0 Safekeeping and Custody ..................................................................................... 14
14.0 Diversification ....................................................................................................... 14
15.0 Maximum Maturities ............................................................................................ 15
16.0 Internal Control .................................................................................................... 15
17.0 Performance Standards ........................................................................................ 16
18.0 Reporting ............................................................................................................... 17
19.0 Investment Policy Adoption ................................................................................ 18
Glossary ................................................................................................................. 19
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CITY OF HUNTINGTON BEACH
Statement of Investment Policy
1.0 Purpose:
This policy is intended to provide guidelines for the prudent investment of the City’s
unexpended cash balances, and to outline the policies to assist in maximizing the
efficiency of the City’s cash management system while meeting the daily cash flow
demands of the City.
2.0 Policy:
The investment practices and policies of the City of Huntington Beach are based upon
California state law and prudent money management.
3.0 Scope:
This investment policy applies to all financial assets as indicated in Section 3.1 below of
the City of Huntington Beach. These funds are accounted for in the City’s
Comprehensive Annual Financial Report.
3.1 Funds:
The City Treasurer is responsible for investing the unexpended cash in the City Treasury
for all funds, except for the employee’s pension funds, which are invested separately by
CALPERS, those funds which are invested separately by the City Treasurer under bond
indenture agreements, and funds which are invested separately by the City Treasurer or
trustees under other agreements approved by Council such as the Retiree Medical Trust,
the Post-Employment Section 115 Trust and the Supplemental Pension Trust. The City
Treasurer will strive to maintain the level of investment of this cash (that is not to be
utilized for operating cash flow in the next six months), as close as possible to 100%.
These funds are described in the City’s annual financial report and include:
3.1.1 General Fund
3.1.2 Special Revenue Funds
3.1.3 Capital Project Funds
3.1.4 Enterprise Funds
3.1.5 Trust and Agency Funds
3.1.6 Debt Service Funds
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3.1.7 Infrastructure Funds
3.1.8 Capital Improvement Reserve Funds
3.1.9 Any new fund created by the legislative body, unless specifically exempted
This investment policy applies to all transactions involving the financial assets and
related activity of the foregoing funds. It is the City’s policy to pool funds for investment
purposes to provide efficiencies and economies of scale. Investing through a pooled
account will provide for greater use of funds by allowing for a more efficient cash flow, a
reduction in transaction costs and a greater access to the market.
4.0 Prudence:
The standard of prudence to be used by the City Treasurer shall be the “prudent
investor” standard. This shall be applied in the context of managing an overall portfolio.
The “Prudent Investor Rule” provides, pursuant to California Government Code
Section 53600.3, that investments shall be made with judgment and care—under
circumstances then prevailing—which persons of prudence, discretion and intelligence
exercise in the management of their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the probable income to be
derived. The City Treasurer and any designee of the City Treasurer, as investment
officers acting in accordance with written procedures and the investment policy and
exercising due diligence, shall be relieved of personal responsi bility for an individual
security’s credit risk or market price changes, provided deviations from expectations are
reported to the City Council in a timely fashion and appropriate action is taken to control
adverse developments.
5.0 Objective:
Consistent with this aim, investments are made under the terms and conditions of
California Government Code Section 53600, et seq. Criteria for selecting investments
and the absolute order of priority are:
5.1 Safety:
Safety of principal is the foremost objective of the investment program. Investments of
the City of Huntington Beach shall be undertaken in a manner that seeks to ensure the
preservation of capital in the overall portfolio.
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5.2 Liquidity:
The investment portfolio will remain sufficiently liquid to enable the City of Huntington
Beach to meet all reasonably anticipated operating requirements and to maintain
compliance with any indenture agreement, as applicable. Liquidity is essential to the
safety of principal. Furthermore, since all possible cash demands cannot be anticipated,
the portfolio will invest primarily in securities with active secondary and resale markets.
5.3 Return on Investments:
The investment portfolio shall be designed with the objective of attaining a market-
average rate of return throughout budgetary and economic cycles (market interest rates),
within the City of Huntington Beach’s investment policy’s risk parameters and the cash
flow needs of the City. See also Section 17.0.
6.0 Investment Advisory Board:
By City Charter, the City Treasurer is the custodian of all public funds of the City of
Huntington Beach. The City Council members may each appoint one Huntington Beach
resident to serve on an Investment Advisory Board for the purpose of advising the City
Treasurer and the City Council on the City’s investment program. The Investment
Advisory Board will review the investment portfolio for compliance with the adopted
investment policy on a quarterly basis and will prepare an Annual Report.
7.0 Delegation of Authority:
In accordance with the State of California Government Code § 53607, the City Council
delegates investment authority to the City Treasurer for a period of one year and such
investment authority must be renewed annually. Adoption of this policy constitutes
delegation of investment authority to the City Treasurer for the following year unless
revoked in writing. Within the City Treasurer’s office, the responsibility for the day to
day investment of City funds will be the City Treasurer and may be delegated to such
deputy chosen by the City Treasurer in the absence of the City Treasurer (as allowable
per State of California Government Code § 41006). The City Treasurer shall be
responsible for all transactions undertaken and shall establish a system of controls to
regulate the activities of subordinate officials.
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8.0 Ethics and Conflicts of Interest:
In addition to state and local statutes relating to conflicts of interest, all persons involved
in the investment process shall refrain from personal business activity that could conflict
with proper execution of the investment program, or which could impair their ability to
make impartial investment decisions. Employees and investment officers are required to
file annual disclosure statements as required for "public officials who manage public
investments" (as defined and required by the Political Reform Act and related
regulations, being Government Code Sections 81000 and the Fair Political Practices
Commission (FFPC)).
9.0 Authorized Financial Dealers and Institutions:
The City Treasurer will maintain a list of the financial institutions and broker/dealers
authorized to provide investment and depository services and will perform an annual
review of the financial condition and registrations of such qualified providers. The City
Treasurer will also require annual audited financial statements to be on file for each
company. The City shall annually send a copy of the current investment policy to all
financial institutions and broker/dealers approved to do business with the City.
As far as feasibly possible, all money belonging to, or in the custody of, a local agency,
including money paid to the City Treasurer or other official to pay the principal, interest,
or penalties of bonds, shall be deposited for safekeeping in national or state chartered
banks, savings associations, federal associations, credit unions, or federally insured
industrial loan companies in this state selected by the City Treasurer or other official
having legal custody of the money; or may be invested in the investments set forth in
Section 10.0. To be eligible to receive local agency money, a bank, savings association,
federal association, or federally insured industrial loan company shall have received an
overall rating of not less than "satisfactory" in its most recent evaluation by the
appropriate federal financial supervisory agency of its record of meeting the credit needs
of California's communities, including low- and moderate-income neighborhoods.
In order to be approved by the City, the dealer must be a “primary” dealer or regional
dealer that qualifies under Securities and Exchange Commission Rule 15C3-1 (Uniform
Net Capitol Rule). The institution must have an office in California. The dealer must be
experienced in institutional and public fund trading practices and familiar with the
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California Government Code as related to investments appropriate for the City; and, other
criteria as may be established in the investment procedures. All broker/dealers and
financial institutions who desire to become qualified bidders for investment transactions
must submit a “Broker/Dealer Application” and related documents relative to eligibility
including a current audited annual financial statement, U4 form for the broker, proof of
state registration, proof of Financial Industry Regulatory Authority, Inc. (“FINRA”)
certification and a certification of having read and understood the City’s investment
policy and agreeing to comply with the policy. Capital requirements for registered
government securities brokers and dealers shall meet or exceed the requirements as set
forth by the Securities and Exchange Commission Rule 15C3-1 (Uniform Net Capitol
Rule). Such companies shall also have a minimum of five years of operation.
10.0 Authorized and Suitable Investments:
The City is authorized by California Government Code Section 53600, et. seq. to invest
in specific types of securities. Investments not specifically listed below are deemed
inappropriate and are prohibited:
A. BANKERS ACCEPTANCES, maximum 25% of portfolio (up to 40% with
City Council approval). Maximum term of 180 days.
Banks must have a short term rating of at least A1/P1 and a long-term rating of “A” or higher as
provided by a nationally recognized statistical rating organization (“NRSRO”). No more than 10
percent of the agency’s money may be invested in the bankers accepta nces of any one commercial
bank pursuant to this section.
B. NEGOTIABLE CERTIFICATES OF DEPOSIT, maximum 30% of portfolio.
Maximum term of 3 years (up to 5 years with City Council approval).
May be issued by a nationally or state-chartered bank, a savings association or a federal
association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or
by a federally-licensed or state-licensed branch of a foreign bank. Issuer must have a short term
rating of A1/P1 and a long term rating of “A” or higher as provided by an NRSRO. No more than
10 percent of the agency’s money may be invested in negotiable certificates of deposit of any one
issuer.
C. COMMERCIAL PAPER, maximum 25% of portfolio. Maximum term of
270 days.
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Commercial paper must be of "prime" quality of the highest ranking or of the highest letter and
number rating as provided by an NRSRO. The entity that issues the commercial paper shall meet
all of the following conditions in either paragraph (1) or paragraph (2):
(1) The entity meets the following criteria:
(A) Is organized and operating in the United States as a general corporation.
(B) Has total assets in excess of five hundred million dollars ($500,000,000).
(C) Has debt other than commercial paper, if any, that is rated "A" or higher by an NRSRO.
(2) The entity meets the following criteria:
(A) Is organized within the United States as a special purpose corporation, trust, or limited
liability company.
(B) Has program-wide credit enhancements including, but not limited to,
overcollateralization, letters of credit, or surety bond.
(C) Has commercial paper that is rated "A-1" or higher, or the equivalent, by an NRSRO.
Split ratings (i.e. A2/P1) are not allowable. No more than 10 percent of the outstanding
commercial paper of any single corporate issue may be purchased.
No more than 10 percent of the agency’s money may be invested in Commercial Paper of any one
issuer.
D. BONDS ISSUED BY THE STATE OF CALIFORNIA OR ANY OF THE
OTHER 49 UNITED STATES. Maximum term of 5 years.
Bonds must have an “A” rating or higher by an NRSRO. No more than 10 percent of the agency’s
money may be invested in state bonds of any one issuer.
E. BONDS ISSUED BY THE CITY OR ANY LOCAL AGENCY WITHIN
THE STATE OF CALIFORNIA. Maximum term of 5 years.
Bonds must have an “A” rating or higher by an NRSRO. No more than 10 percent of the agency’s
money may be invested in city or local agency bonds of any one issuer.
F. OBLIGATIONS OF THE UNITED STATES TREASURY. Maximum term
of 5 years.
United States Treasury bills, bonds and notes or certificates of indebtedness, for which the faith
and credit of the United States are pledged for the payment of principal and interest. There is no
limit on the percentage of the portfolio that can be invested in this category.
G. U.S. GOVERNMENT AGENCY SECURITIES (FEDERAL AGENCIES).
Maximum term of 5 years.
Obligations, participations or other instruments of or issued by a federal agency or a United States
government-sponsored enterprise. There is no limit on the percentage of the portfolio that can be
invested in this category.
H. REPURCHASE AGREEMENT. Maximum term of 3 months.
Investments in repurchase agreements may be made, on any investment authorized in this section,
when the term of the agreement does not exceed 3 months.
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A Master Repurchase Agreement must be signed with the bank or broker/dealer who is selling the
securities to the City.
I. REVERSE-REPURCHASE AGREEMENTS. (Requires City Council
approval for each transaction).
Reverse repurchase agreements or securities lending agreements may be utilized only when all of
the following conditions are met:
(A) The security to be sold on reverse repurchase agreement or securities lending agreemen t has
been owned and fully paid for by the local agency for a minimum of 30 days prior to sale.
(B) The total of all reverse repurchase agreements and securities lending agreements on
investments owned by the local agency does not exceed 20 percent of t he base value of the
portfolio.
(C) The agreement does not exceed a term of 92 days, unless the agreement includes a written
codicil guaranteeing a minimum earning or spread for the entire period between the sale of a
security using a reverse repurchase agreement or securities lending agreement and the final
maturity date of the same security.
(D) Funds obtained, or funds within the pool of an equivalent amount to that obtained from
selling a security to a counterparty (by way of a reverse repurchase agreement or securities lending
agreement), shall not be used to purchase another security with a maturity longer than 92 days
from the initial settlement date of the reverse repurchase agreement or securities lending
agreement, unless the reverse repurchase agreement or securities lending agreement includes a
written codicil guaranteeing a minimum earning or spread for the entire period between the sale of
a security using a reverse repurchase agreement or securities lending agreement and the final
maturity date of the same security.
Investments in reverse repurchase agreements, securities lending agreements, or similar
investments in which the local agency sells securities prior to purchase with a simultaneous
agreement to repurchase the security, shall only be made with primary dealers of the Federal
Reserve Bank of New York or with a nationally or state -chartered bank that has or has had a
significant banking relationship with a local agency.
(A) For purposes of this chapter, "significant banking relat ionship" means any of the following
activities of a bank:
(i) Involvement in the creation, sale, purchase, or retirement of a local agency's bonds, warrants,
notes, or other evidence of indebtedness.
(ii) Financing of a local agency's activities.
(iii) Acceptance of a local agency's securities or funds as deposits.
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J. MEDIUM-TERM CORPORATE NOTES, maximum 30% of portfolio with a
maximum remaining maturity of 5 years or less.
Notes eligible for investment must be rated “A” or higher by an NRSRO . No more than 10
percent of the agency’s money may be invested in medium-term corporate notes of any one issuer.
K. TIME DEPOSITS-CERTIFICATES OF DEPOSIT (non-negotiable
certificates of deposit). Maximum term of 3 years.
Deposits must be made with banks or savings & loan that have a short term rating of A1/P1 or a
long-term rating of at least an “A” rating or higher by an NRSRO. No more than 10 percent of the
agency’s money may be invested in time-deposits of any one issuer
L. MONEY MARKET FUNDS, maximum 15% of portfolio.
No more than 10 percent of the agency’s surplus funds may be invested in shares of beneficial
interest of any one Money Market fund. Local agencies may invest in “shares of beneficial
interest” issued by diversified management companies which invest only in direct obligations in
U.S. Treasury bills, notes and bonds, U.S. Government Agencies and repurchase agreements with
a weighted average of 60 days or less. They must have the highest rating from at least two
NRSROs, must maintain a daily principal per share value of $1.00 per share and distribute interest
monthly, and must have a minimum of $500 million in assets under management. The purchase
price of the shares may not include commission.
M. THE LOCAL AGENCY INVESTMENT FUND (LAIF)
LAIF is a special fund of the California State Treasury through which any local government may
pool investments. The City may invest up to the maximum allowable by the State Treasurer’s
Office (currently $65,000,000). Investments in LAIF are highly liquid and may be converted to
cash within 24 hours.
N. Shares of beneficial interest issued by a joint powers authority organized pursuant to Section
6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive.
Each share shall represent an equal proportional interest in the underlying pool of securities owned
by the joint powers authority. The City may invest up to $20,000,000 per joint powers authority.
To be eligible under this section, the joint powers authority issuing the shares shall have retained
an investment adviser that meets all of the following criteria:
(1) The adviser is registered or exempt from registration with the Securities and Exchange
Commission.
(2) The adviser has not less than five years of experience investing in the securities and obligations
authorized in subdivisions (a) to (q), inclusive.
(3) The adviser has assets under management in excess of five hundred million dollars
($500,000,000).
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O. United States dollar denominated senior unsecured unsubordinated obligations issued or
unconditionally guaranteed by the International Bank for Reconstruction and Development
(IBRD), International Finance Corporation (IFC), or Inter-American Development Bank (IDB),
with a maximum remaining maturity of five years or less, and eligible for purchase and sale within
the United States. Investments under this subdivision shall be rated “AA” or better by an NRSRO
and shall not exceed 10 percent of the agency’s moneys that may be invested pursuant to this
section.
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INVESTMENT TYPE MAXIMUM MATURITY
MAXIMUM SPECIFIED
% OF PORTFOLIO/
MAXIMUM PER ISSUER
MINIMUM QUALITY
REQUIREMENTS
Bankers' Acceptances 180 days 25% (up to 40% with
Council approval)/10% A1/P1, "A" Rating
Negotiable Certificates of
Deposit
3 years (Up to 5 years
with Council approval) 30%/10% A1/P1, "A" Rating
Commercial Paper 270 days 25%/10% A1, "A" Rating
State Obligations-- CA And
Others 5 years None/10% "A" Rating
City/Local Agency of CA
Obligations 5 years None/10% "A" Rating
U.S. Treasury Obligations 5 years None None
U.S. Government Agency
Obligations 5 years None None
IBRD, IFC, IDB 5 years 10% "AA" Rating
Repurchase Agreements 3 Months None None
Reverse Repurchase
Agreements 92 days
20% of the base value
of portfolio. Requires
City Council Approval
None
Medium-Term Corporate
Notes 5 years 30%/10% "A" Rating
Non-negotiable Certificates
of Deposit 3 years None/10% A1/P1, "A" Rating
Money Market Mutual
Funds 60 days 15%/10% "AAA" Rating
Local Agency Investment
Fund (LAIF) N/A Up to $65,000,000 None
Joint Powers Authority N/A None/$20,000,000 See 10.0N above
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10.1 Investment Pools/Money Market funds:
The City Treasurer or designee shall be required to investigate all local government
investment pools and money market mutual funds prior to investing and performing at
least a quarterly review thereafter while the City is invested in the pool or the money
market fund. LAIF is authorized under provisions in Section 16429.1 of the California
Government Code as an allowable investment for local agencies even though some of the
individual investments of the pool are not allowed as a direct investment by a local
agency.
11.0 Portfolio Adjustments:
California government code section 53601 states that if a percentage limitation for a
particular category of investment is specified, then that percentage is applicable only at
the date of purchase. Should any investment listed in section 10.0 exceed a percentage -
of-portfolio limitation or a percentage-by-issuer limitation due to an incident such as
fluctuation in portfolio size, the affected securities may be held to maturity to avoid
losses. When no loss is indicated, the Treasurer may consider reconstructing the
portfolio basing his/her decision on the expected length of time the portfolio will be
unbalanced. As well, the credit criteria listed herein refers to the credit rating at the time
the security is purchased. If a security held in the portfolio is downgraded by an NRSRO
to a level below the quality required by this investment policy, the City Treasurer will
review the credit and make a determination as to whether to sell or retain such security.
The City Treasurer will review the portfolio for such compliance no less than quarterly.
12.0 Collateralization:
Under provisions of the California Government Code, California banks, and other
depository institutions are required to secure the City’s deposits by pledging government
securities with a value of 110 % of principal and accrued interest. California law also
allows financial institutions to secure City deposits by pledging first trust deed mortgage
notes having a value of 150% of City’s total deposits. Collateral will always be held by
an independent third party. A clearly marked evidence of ownership (safekeeping
receipt) must be supplied to the City and retained. The market value of securities that
underlay a repurchase agreement shall be valued at 102 percent or greater of the funds
borrowed against those securities and the value shall be adjusted no less than quarterly.
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Since the market value of the underlying securities is subject to daily market fluct uations,
the investments in repurchase agreements shall be in compliance if the value of the
underlying securities is brought back up to 102 percent no later than the next business
day. The City Treasurer, at his/her discretion, may waive the collateral requirement for
deposits that are fully insured (current limit is $250,000) by the Federal Deposit
Insurance Corporation. The right of collateral substitution is granted. The City Treasurer
or designee shall ensure that all demand deposits that exceed the FDIC limit (currently
$250,000) shall be fully collateralized with securities authorized under state law and this
Investment Policy.
13.0 Safekeeping and Custody:
All City investments shall have the City of Huntington Beach as its registered owner, and
all interest and principal payments and withdrawals shall indicate the City of Huntington
Beach as the payee. All securities will be held with a qualified financial institution,
contracted by the City as a third party custodian with a separate custodial agreement
(does not apply to insured Certificates of Deposit, money market funds, or the Local
Agency Investment Fund). All agreements and statements will be subject to review
annually by external auditors in conjunction with their audit. All securities shall be
acquired by the safekeeping institution on a “Delivery-Vs-Payment” (DVP) basis. For
Repurchase Agreements, the purchase may be delivered by book entry, physical delivery
or by third-party custodial agreement consistent with the Government Code. The transfer
of securities to the counterparty bank’s customer book entry account may be used for
book entry delivery. The City Treasurer or designee shall require a Broker Trade
confirmation for all trades.
14.0 Diversification:
The City’s investment portfolio will be diversified to mitigate incurring unreasonable and
avoidable risks associated with concentrating investments in specific security types,
maturity segment, or in individual financial institutions.
A. Credit risk, defined as the risk of loss due to failure of the insurer of a security, shall
be mitigated by investing in those securities with an "A" or above rating and
approved in the investment policy and by diversifying the investment portfolio so that
the failure of any one issuer would not unduly harm the City’s cash flow.
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B. Market risk, defined as the risk of market value fluctuations due to overall changes
in the general level of interest rates, shall be mitigated by structuring the portfolio so
that securities mature as much as possible in conjunction with major cash outflows,
thus minimizing the need to sell securities prior to their maturity. It is explicitly
recognized herein, however, that in a diversified portfolio, occasional measured
losses are inevitable and must be considered within the context of overall investment
return. The City’s investment portfolio will remain sufficiently liquid to enable the
City to meet all operating requirements which might be reasonably anticipated.
15.0 Maximum Maturities:
To the extent possible, the City of Huntington Beach will attempt to match its
investments with anticipated cash flow requirements. Unless matched to a specific cash
flow, the City will not directly invest in securities maturing more than five (5) years from
the date of purchase, unless the legislative body has granted express authority to make
that investment either specifically, or as a part of an investment program approved by the
City Council. The City of Huntington Beach shall not permit more than 50% of its
investment portfolio to be invested in securities with maturities over four years.
16.0 Internal Control:
The City Treasurer and the Finance Department shall establish a system of internal
controls designed to prevent loss of public funds due to fraud, employee error,
misrepresentation by third parties, or unanticipated market changes. No investment
personnel may engage in an investment transaction except as provided for under the
terms of this policy and the procedure established by the City Treasurer. The external
auditors shall annually review the investments with respect to the investment policy.
This review will provide internal control by assuring compliance with policies and
procedures for the investments that are selected for testing. Additionally, account
reconciliation and verification of general ledger balances relating to the purchasing or
maturing of investments and allocation of interest on investments to fund balances shall
be performed by the Finance Department and approved by the City Treasurer. To
provide further protection of City funds, written procedures prohibit the wiring of any
City funds without the authorization of at least two of the four designated City officials:
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1. City Treasurer
2. Treasury Manager
3. Chief Financial Officer
4. Accounting Manager
17.0 Performance Standards:
This investment policy shall be reviewed at least annually by the Investment Advisory
Board and the City Council to ensure its consistency with the overall objectives of
preservation of principal, liquidity, and return, and its relevance to current law and
financial and economic trends. The moneys entrusted to the City Treasurer will be
primarily a passively managed portfolio. However, the City Treasurer will make best
efforts to observe, review, and react to changing conditions that affect the portfolio.
17.1 Market Yield (Benchmark):
The investment portfolio shall be managed to attain a market-average rate of return
throughout budgetary and economic cycles, taking into account the City’s investment risk
constraints and cash flow. Investment return becomes a consideration only after the basic
requirements of investment safety and liquidity have been met. Because the investment
portfolio is designed to operate on primarily a ‘hold-to-maturity’ premise, and because of
the safet y, liquidity, and yield priorities, the performance benchmark that will be used by
the Treasurer to determine whether market yields are being achieved shall be the 12-
month moving average of the interpolated 1.5-Year Constant Maturity Treasury (CMT)
rate. This interpolated rate shall be utilized in order to best match the average duration of
the portfolio. However, since return on investment is the least important objective of the
investment portfolio, the benchmark will be used only as a reference tool. The reporting
of a benchmark does not imply that the City Treasurer will add additional risk to the
investment portfolio in order to attain or exceed the benchmark. The prohibition of
highly speculative investments precludes pursuit of gain or profit through unusual risk
and precludes investments primarily directed at gains or profits from conjectural
fluctuations in market prices. The City Treasurer will not directly pursue any
investments that are leveraged or deemed derivative in nature. However, as long as the
original investments can be justified by their ordinary earning power, trading in response
to changes in market value can be used as part of ongoing portfolio management.
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18.0 Reporting:
The City Treasurer shall submit a quarterly report to the City Council, City Manager,
Chief Financial Officer and the Investment Advisory Board within 30 days following the
end of the quarter. This report will include the following elements pursuant to State law
and Government Accounting Standard Board (GASB) #40:
18.1 Type of investment
18.2. Institution/Issuer
18.3 Purchase Date
18.4 Date of maturity
18.5 Amount of deposit or cost of the investment
18.6 Face value of the investment
18.7 Current market value of securities and source of valuation
18.8 Rate of interest
18.9 Interest earnings
18.10 Statement relating the report to its compliance with the Statement of Investment
Policy or the manner in which the portfolio is not in compliance
18.11 Statement on availability of funds to meet the next six month’s obligations
18.12 Monthly and Year to date City Treasurer Budget Amounts for Interest Income
18.13 Percentage of Portfolio by Investment Type
18.14 Days to Maturity for all Investments
18.15 Comparative report on Monthly Investment Balances & Interest Yields
18.16 Monthly transactions
This quarterly report shall be placed on the City Council Agenda for Council and public
review. In addition, a commentary on capital markets and economic conditions may be
included with the report. The City Treasurer shall submit to the City Council, City
Manager and Chief Financial Officer a monthly report listing the above stated (18.1 –
18.16) financial transactions.
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19.0 Investment Policy Adoption:
By virtue of a resolution of the City Council of the City of Huntington Beach, the
Council shall acknowledge the receipt and filing of this annual statement of investment
policy for the respective year.
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GLOSSARY
AGENCIES: Federal agency securities.
ASKED: The price at which securities are offered. (The price at which a firm will sell a
security to an investor.)
BANKERS’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or
trust company. The accepting institution guarantees payment of the bill, as well as the
issuer. The drafts are drawn on a bank by an exporter or importer to obtain funds to pay
for specific merchandise. An acceptance is a high grade negotiable instrument.
BASIS POINT: One one-hundredth of a percent (i.e. 0.01%)
BENCHMARK: A comparative base for measuring the performance or risk tolerance of
the investment portfolio. A benchmark should represent a close correlation to the level of
risk and the average duration of the porfolio’s investments.
BID: The price offered by a buyer of securities. (When you are selling securities, you
ask for a bid.)
BROKER: A broker brings buyers and sellers together for a commission. He/she does
not take a position.
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity
evidenced by a certificate. Large-denomination CD’s are typically negotiable.
COLLATERAL: Securities, evidence of deposit or other property, which a borrower
pledges to secure repayment of a loan. Also refers to securities pledged by a bank to
secure deposits of public monies.
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COMMERCIAL PAPER: Short term unsecured promissory note issued by a
corporation (including limited liability companies) to raise working capital. These
negotiable instruments are purchased at a discount to par value or at par value with
interest bearing. Commercial paper is issued by corporations such as General Moto rs
Acceptance Corporation, IBM, Bank of America, etc.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual
report for the City. It includes combined statements for each individual fund and account
group prepared in conformity with Generally Accepted Accounting Principles. It also
includes supporting schedules necessary to demonstrate compliance with finance-related
legal and contractual provisions, extensive introductory material and a detailed Statistical
section.
COUPON: a) The annual rate of interest that a bond’s issuer promises to pay the
bondholder on the bond’s face value. b) A certificate attached to a bond evidencing
interest due on a payment date.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions;
buying and selling for his/her own account.
DEBENTURE: An unsecured bond backed only by the general credit of the issuer.
DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities:
delivery versus payment and delivery versus receipt. Delivery versus payment is delivery
of securities with an exchange of money for the securities. Delivery versus receipt is
delivery of securities with an exchange of a signed receipt for the securities.
DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived
from, the movement of one or more underlying index or security, and may include a
leveraging factor, or (2) financial contracts based upon notional amounts whose value is
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derived from an underlying index or security (interest rates, foreign exchange rates,
equities or commodities).
DISCOUNT: The difference between the cost price of a security and its maturity when
quoted at lower than face value. A security selling below original offering price shortly
after sale is considered to be at a discount.
DISCOUNT SECURITIES: Non-interest bearing money market instruments that are
issued at a discount and redeemed at maturity for full face value (e.g. US Treasury Bills).
DIVERSIFICATION: Dividing investment funds among a variety of securities offering
independent returns.
FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to
supply credit to various classes of institutions (e.g. S&L’s, Small business firms,
students, farmers, farm cooperatives, and exporters).
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency
that insures bank deposits, currently up to $250,000 per deposit.
FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This
rate is currently pegged by the Federal Reserve though open-market operations.
FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members
of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents.
The President of the New York Federal Reserve Bank is a permanent member, while the
other presidents serve on a rotating basis. The committee periodically meets to set
Federal Reserve guidelines regarding purchases and sales of Government Securities in
the open market as a means of influencing the volume of bank credit and money.
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FEDERAL RESERVE SYSTEM: The central bank of the United States created by
congress and consisting of a seven-member Board of Governors in Washington, D.C.; 12
regional banks and approximately 38 percent of the 8,039 commercial banks in the
United States are members of the Federal Reserve System. National banks must be
members; state-chartered banks may join if they meet certain requirements.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash
without a substantial loss of value. In the money market, a security is said to be liquid if
the spread between bid and asked prices is narrow and a reasonable size can be done at
those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds
from political subdivisions that are placed in the custody of the State Treasurer for
investment and reinvestment.
MARKET VALUE: The price at which a security is trading and could presumably be
purchased or sold.
MASTER REPURCHASE AGREEMENT: A written contract covering all future
transactions between the parties to repurchase-reverse agreements that establish each
party’s rights in the transactions. A master agreement will often specify, among other
things, the right of the buyer-lender to liquidate the underlying securities in the event of
default by the seller-borrower.
MATURITY: The date upon which the principal or stated value of an investment
becomes due and payable.
MONEY MARKET: The market in which short-term debt instruments (bills,
commercial paper, bankers’ acceptances, etc.) are issued and traded.
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NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION
(“NRSRO”): Firms that review and assess the creditworthiness of an obligor as an entity
or with respect to specific securities or money market instruments and express their
opinion in the form of a letter rating. A credit rating agency may apply to the SEC for
registration as a nationally recognized statistical rating organization (“NRSRO”). The
primary rating agencies are Standard & Poor’s Corporation, Moody’s Investor Services,
Inc. and Fitch, Inc.
NEGOTIABLE CERTIFICATES OF DEPOSIT: Unsecured obligations of the
financial institution, bank or savings and loan, bought at par value with the promise to
pay face value plus accrued interest at maturity. They are high-grade negotiable
instruments, paying a higher interest rate than regular certificates of deposit.
OFFER: The price asked by a seller of securities. (When you are buying securities, you
ask for an offer.) See “Asked” and “Bid”.
OPEN MARKET OPERATIONS: Purchases and sales of government and certain
other securities in the open market by the New York Federal Reserve Bank as directed by
the FOMC in order to influence the volume of money and credit in the economy.
Purchases inject reserves into the bank system and stimulate growth of money and credit:
Sales have the opposite effect. Open market operations are the Federal Reserve’s most
important and most flexible monetary policy tool.
PORTFOLIO: Collection of securities held by an investor.
PRIMARY DEALER: A group of government securities dealers who submit daily
reports of market activity and positions and monthly financial statements to the Federal
Reserve Bank of New York and are subject to its informal oversight. Primary dealers
include Securities and Exchange Commission (SEC)-registered securities broker/dealers,
banks and a few unregulated firms.
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PRUDENT PERSON RULE: An investment standard. In some states, the law requires
that a fiduciary, such as a trustee, may invest money only in a list of securities selected by
the custody state—the so-called “legal list”. In other states, the trustee may invest in a
security if it is one that would be bought by a prudent person of discretion and
intelligence who is seeking a reasonable income and preservation of capital.
QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim
exemption from the payment of any sales or compensating use or ad valorem taxes under
the laws of this state, which has segregated for the benefit of the commission eligible
collateral having a value of not less than its maximum liability and which has been
approved by the Public Deposit Protection Commission to hold public deposits.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or
its current market price. This may be the amortized yield to maturity; on a bond, the
current income return.
REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these
securities to an investor with an agreement to repurchase them at a fixed date. The
security “buyer” in effect lends the “seller” money for the period of the agreement, and
the terms of the agreement are structured to compensate him for this.
SAFEKEEPING: A service to customers rendered by banks for a fee whereby
securities and valuables of all types and descriptions are held in the bank’s vaults for
protection.
STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB,
FNMA, FHLMC, etc.) and Corporations, which have imbedded option (e.g. call features,
step-up coupons, floating rate coupons, derivative-based returns) into their debt structure.
Their market performance is impacted by the fluctuation of interest rates, the volatility of
the imbedded options and shifts in the shape of the yield curve.
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SECONDARY MARKET: A market made for the purchase and sale of outstanding
issues following the initial distribution.
SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to
protect investors in securities transactions by administering securities legislation.
SEC RULE 15C3-1: See “Uniform Net Capital Rule”.
SMALL BUSINESS ADMINISTRATION (SBA): The portion of these securities
which are guaranteed by Federal government to provide financial assistance through
direct loans and loan guarantees to small businesses. Cash flows from these instruments
may not be in equal installments because of prepayments.
SUPRANATIONAL SECURITIES: United States dollar denominated senior unsecured
unsubordinated obligations issued or unconditionally guaranteed by the International
Bank for Reconstruction and Development (IBRD), International Finance Corporation
(IFC), or Inter-American Development Bank (IDB), with a maximum remaining maturity
of five years or less, and eligible for purchase and sale within the United States.
Investments under this subdivision shall be rated “AA” or better by an NRSRO and shall
not exceed 10 percent of the agency’s moneys that may be invested pursuant to this
section.
TREASURY BILLS: A non-interest bearing discount security issued by the U.S.
Treasury to finance the national debt. Most bills are issued to mature in three months, six
months, or one year.
TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of
more than 10 years.
TREASURY NOTES: Intermediate-term coupon bearing U.S. Treasury having initial
maturities of from one year to ten years.
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UNIFORM NET CAPITAL RULE: Securities and Exchange Commission
requirement that member firms as well as nonmember broker/dealers in securities
maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net
capital rule and net capital ratio. Indebtedness covers all money owed to a firm,
including margin loans and commitments to purchase securities, one reason new public
issues are spread among members of underwriting syndicates. Liquid capital includes
cash and assets easily converted into cash.
YIELD: The rate of annual income return on an investment, expressed as a percentage.
(a) Income Yield is obtained by dividing the current dollar income by the current market
price for the security. (b) Net Yield or Yield to Maturity is the current income yield
minus any premium above par or plus any discount from par in purchase price, with the
adjustment spread over the period from the date of purchase to the date of maturity of the
bond.
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City of Huntington Beach
File #:19-145 MEETING DATE:2/4/2019
PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF -
California Department of Housing and Community Development, Petitioner and Plaintiff, v.
City of Huntington Beach; City Council of Huntington Beach; Case No. 30-2019-01046493-CU-
JR-CJC. Judge Sheila Fell.
City of Huntington Beach Printed on 1/30/2019Page 1 of 1
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City of Huntington Beach
File #:19-157 MEETING DATE:2/4/2019
City Clerk to provide information on Laserfiche data conversion affecting public records
located in the Online Records Library
City of Huntington Beach Printed on 1/30/2019Page 1 of 1
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City of Huntington Beach
File #:19-112 MEETING DATE:2/4/2019
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 Meeting of the Successor
Agency minutes dated January 22, 2019, require review and approval.
Financial Impact:
None.
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular meeting and Special Meeting
of the Successor Agency minutes dated January 22, 2019, 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. January 22, 2019 CC/PFA/SA Minutes
City of Huntington Beach Printed on 1/30/2019Page 1 of 1
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Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, January 22, 2019
4:30 PM - Council Chambers
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 6:00 PM portion of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
4:30 PM - COUNCIL CHAMBERS
CALLED TO ORDER — 4:30 PM
ROLL CALL
Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
— None
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) — None
RECESSED TO CLOSED SESSION FOR ITEMS 3 – 11 — 4:33 PM
A motion was made by Posey, second Peterson to recess to Closed Session for Items 3 — 11. With no
objections, the motion carried.
CLOSED SESSION ANNOUNCEMENT(S)
1. 19-106 Mayor Peterson Announced: 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 Announced: 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
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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 recessed 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).
4. 18-665 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.
5. 19-094 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. 19-098 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:
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 recessed 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 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, 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 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 Police Management Association (PMA).
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10. 19-104 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, one (1).
11. 19-105 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.
6:00 PM — COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALLED TO
ORDER THE SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF HUNTINGTON BEACH — 6:20 PM
ROLL CALL
Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
Absent: None
PLEDGE OF ALLEGIANCE — Led by Councilmember Brenden
INVOCATION
12. 18-635 Provided by Maneck Bhujwala of the Zoroastrian Community and member of the
Greater Huntington Beach Interfaith Council.
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.
CLOSED SESSION REPORT BY CITY ATTORNEY — None
AWARDS AND PRESENTATIONS
13. 18-633 Mayor Peterson called on Victoria Alberty who presented the Adoptable Pet of the
Month.
Ms. Alberty introduced Benji, a super sweet dog who is currently being fostered by Karen at Top Dog
Barkery in Pacific City. More details on Benji can be found at www.waggintrails.org.
14. 18-634 Mayor Peterson called on Finance Director Gilbert Garcia to present the Mayor’s
Award to Paulina Flores, Senior Finance Analyst.
Carol Molina-Espinoza, Budget Finance Manager, presented the Mayor's Award to Senior Finance
Analyst Paula Flores. Manager Molina-Espinoza described Ms. Flores’ as positive with a strong work
ethic who performs her job with humility, poise and professionalism. Ms. Flores joined the City in 2013,
and is currently the lead analyst for the City's Personnel budget, which comprises over seventy percent
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(70%) of the City's budget. Manager Molina-Espinoza concluded comments by describing the experience
and value Ms. Flores brings to the City.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications received by her office following distribution of the Council Agenda packet:
CONSENT CALENDAR
#21. (18-644) Email communication received from Amory Hanson.
ADMINISTRATIVE ITEMS
#31. (19-103) Email communication received from an anonymous person.
PUBLIC COMMENTS (3 Minute Time Limit)
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located athttp://www.surfcity-hb.org/government/agendas.
Kathryn Levassiur, a resident of Huntington Beach, was called to speak and shared her opinions about
the two types of Short-Term Vacation Rentals, and encouraged the City to implement processes to
regulate and tax a service that many residents are already providing. (00:12:34)
Nancy Buchoz, a Huntington Beach resident representing S.A.M.E., was called to speak and asked for
the City Council to extend the Public Comment period for the extremely large draft Environmental Impact
Report (EIR) for the Magnolia Tank Farm project. (00:15:18)
KC Fockler, Huntington Beach resident and S.A.M.E. member, was called to speak and asked for the
City Council to extend the Public Comment period for the extremely large draft Environmental Impact
Report (EIR) for the Magnolia Tank Farm project. (00:18:37)
Dr. Joslin de Diego, a Huntington Beach Resident, was called to speak and asked for the City Council to
extend the Public Comment period for the extremely large draft Environmental Impact Report (EIR) for
the Magnolia Tank Farm project. (00:21:40)
Bob Vale, a resident of Huntington Beach and Art Council member, was called to speak and asked for
the City Council to extend the Public Comment period for the extremely large draft Environmental Impact
Report (EIR) for the Magnolia Tank Farm project. (00:24:56)
Cari Swan was called to speak and asked for the City Council to extend the Public Comment period for
the extremely large Draft Environmental Impact Report (EIR) for the Magnolia Tank Farm project.
(00:28:09)
Tim Geddes, an over 30-year resident of Huntington Beach, was called to speak and asked for the City
Council to extend the Public Comment period for the extremely large Draft Environmental Impact Report
(EIR) for the Magnolia Tank Farm project. (00:31:21)
Ben Pickens was called to speak shared his opinions on various national and local issues. (00:32:47)
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Amory Hanson was called to speak and stated his support for Consent Calendar Item 21. 18-644
regarding his appointment to the Historic Resources Board (HRB). (00:34:17)
Jon Ely, resident of Huntington Beach, was called to speak and asked for the City Council to extend the
Public Comment period for the extremely large Draft Environmental Impact Report (EIR) for the Magnolia
Tank Farm project. (00:35:08)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Posey reported attending an Orange County Vector Control Board and a Finance
Committee meeting, and an Orange County Parks Commission meeting where he was elected to the
position of Chair.
Councilmember Hardy reported attending mandatory training for AB1234 (Ethics) and AB1825 (Sexual
Harassment) on January 10, 2019.
Mayor Pro Tem Semeta reported attending mandatory training for AB1234 (Ethics) and AB1825 (Sexual
Harassment) on January 10, 2019, and as Council Liaison attended a recent meeting of the Sister City
Association, and a meeting of the City Council Subcommittee for the Homeless.
Councilmember Delgleize reported attending meetings of the Orange County Transit Authority (OCTA)
Board, the Orange County Forum, and met with members of the Huntington Beach Police Officers'
Association (HBPOA), and attended mandatory training for AB1234 (Ethics).
Councilmember Carr reported attending mandatory training for AB1234 (Ethics) and AB1825 (Sexual
Harassment) on January 10, 2019, an Association of California Cities — Orange County (ACC-OC)
reception, a Neighborhood Watch meeting, Youth Board and Library Board meetings, and announced
Stephanie Gledhill as her appointee to the Finance Commission.
Councilmember Brendon reported he and Councilmember Delgleize conducted interviews with
applicants for the Jet Noise Commission.
CITY MANAGER'S REPORT
City Manager Wilson reported that more information on extending the Magnolia Tank Farm EIR comment
period will be provided at the February 4, 2019, City Council meeting.
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
City Attorney Gates reported that on January 17, 2019, a lawsuit was filed against the State encaptioned,
Huntington Beach v. State of California, et al., challenging the Constitutionality of the State’s recently
enacted SB 35. The City Council, in a previous Closed Session, authorized the filing of the lawsuit in a
7–0 vote. The Orange County Superior Court case number is 30-2019-01044945.
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CONSENT CALENDAR
16. 18-625 Approved and Adopted Minutes
A motion was made by Semeta, second Posey to 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.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
17. 18-642 Received and filed the Notification of a City Council Strategic Planning Session to
be held on February 7, 2019
A motion was made by Semeta, second Posey to receive and file the Notification of the City Council's
Strategic Planning Session scheduled for February 7, 2019.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
18. 18-640 Approved the Annual Review of the City Code of Ethics
A motion was made by Semeta, second Posey to 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.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
19. 19-095 Approved revisions 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
A motion was made by Semeta, second Posey to 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.
The motion carried by the following vote:
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AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
20. 18-582 Approved the December 2018 City of Huntington Beach Strategic Plan Update
A motion was made by Semeta, second Posey to approve the December 2018 Strategic Objectives
Update as contained within Attachment 1.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
21. 18-644 Approved 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 Peterson and Mayor Pro Tempore Semeta
Councilmember Posey pulled this item to acknowledge Amory Hanson and Mark Zambrano for stepping
up and volunteering to be on the Historic Resources Board. Mayor Pro Tem Semeta thanked Mr.
Hanson for his continued involvement in the City and interest in serving on a commission.
A motion was made by Posey, second Brenden to 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.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
22. 19-003 Approved and authorized the City of Huntington Beach to give a six (6) month prior
written Notice of Intent to Terminate from the Public Cable Television Authority
(PCTA)
Mayor Pro Tem Semeta pulled this item to ask that it be continued so that the Public Cable Television
Authority (PCTA) has time to determine if they want to actually spend over $300,000 on new equipment
and hardware with full knowledge that Huntington Beach may terminate from the PCTA. She voiced her
request in the form of a motion that was seconded by Councilmember Delgleize.
Councilmember Brenden explained that in his opinion, the item up for discussion is not a vote to
immediately leave the Public Cable Television Authority (PCTA), but rather to issue a Notice of Intent to
Terminate from the PCTA with the legally required six (6) month notice as required by Section 4 of the
Joint Powers Agreement. He further explained that there is still the opportunity to reverse course during
the next six (6) months, so he therefore will not support a continuation.
Councilmember Posey confirmed with Mayor Pro Tem Semeta that the continuation is for two (2) weeks,
until the next City Council meeting.
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A substitute motion was made by Brenden, second Peterson to 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.
Councilmember Carr voiced her opinion that the amount discussed for an equipment purchase by the
PCTA was extraordinary, and out of the norm.
The substitute motion carried by the following vote:
AYES: Brenden, Carr, Peterson, and Delgleize
NOES: Semeta, Posey, and Hardy
23. 18-641 Approved and authorized 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
A motion was made by Semeta, second Posey to 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."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
24. 18-652 Approved a sole source agreement for the purchase and refurbishment of a
lifeguard rescue boat with Willard Marine, Inc.
A motion was made by Semeta, second Posey to approve the sole source agreement with Willard
Marine, Inc.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
25. 18-588 Adopted 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 motion was made by Semeta, second Posey to 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, 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, 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
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Space Purposes on Property Located at Pacific City (Final Tract Map Number 16338);" and, 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, 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, instruct the
City Clerk to record said Resolutions (and attachments) with the Orange County Recorder.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
26. 18-610 Adopted Successor Agency 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 motion was made by Semeta, second Posey to 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, 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')."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
27. 18-626 Adopted 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
A motion was made by Semeta, second Posey to 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."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
28. 18-627 Adopted 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)
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A motion was made by Semeta, second Posey to 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."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
PUBLIC HEARING
29. 19-001 Adopted Resolution No. 2019-06 modifying the Management District Plan (MDP) of
the Huntington Beach Tourism Business Improvement District (HBTBID); approved
execution of the terminating Grant Agreement with Visit Huntington Beach (VHB)
and authorized entering into a new Memorandum of Understanding (MOU)
City Manager Wilson introduced Deputy Director of Economic Development Kellee Fritzal who presented
a PowerPoint communication entitled: HBTBID Public Hearing with slides titled History of Huntington
Beach TBID, HBTBID Assessment Modification, TOT Grant Agreement, Memorandum of Understanding,
and Questions.
Mayor Peterson opened the Public Hearing for Item 29. 19-001.
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced Supplemental
Communications (received after distribution of the Agenda Packet):
#29. (19-001)
1) Communication received from Deputy Director of Economic Development Kellee Fritzal submitting an
executed agreement to replace the draft copy previously submitted as Attachment #3.
2) PowerPoint communication received from Deputy Director of Economic Development Kellee Fritzal
entitled, HBTBID Public Hearing.
3) Interdepartmental Communication received from Deputy Director of Economic Development Kellee
Fritzal re: Modification to the Huntington Beach Tourism Business Improvement District.
City Clerk Estanislau announced no one signed up to speak.
There being no speakers, Mayor Peterson closed the Public Hearing for Item 29. (19-001).
A motion was made by Posey, second Brenden to 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, 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, 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.
The motion carried by the following vote:
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AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
30. 19-005 Approved for introduction Ordinance Nos. 4172, 4173, 4174, 4175, and 4176
approving Zoning Text Amendment (ZTA) No. 18-003 (Zoning and Subdivision
Ordinance Update)
City Manager Wilson introduced Community Development Senior Planner Ricky Ramos who presented a
PowerPoint communication with slides titled Request, Analysis (5), and Recommendation.
Community Development Director Ursula Luna-Reynosa further explained that the General Plan Update
did not create a lot of discrepancies with the Zoning Plan, with the exception of the RT Zone, which will
be addressed as a separate item in the future. This Item is Phase I of clearing up the discrepancies.
Mayor Peterson opened the Public Hearing for Item 30. (19-005).
Pursuant to the Brown "Open Meetings" Act, City Clerk Estanislau announced there was no
supplemental communication, and that no one had signed-up to speak.
There being no speakers, Mayor Peterson closed the Public Hearing.
A motion was made by Posey, second Hardy to 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, approve Zoning Text Amendment No. 18-003 with findings (Attachment No. 1),
and after the City Clerk reads by title(s), 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).
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ADMINISTRATIVE ITEMS
31. 19-103 Adopted Emergency Ordinance No. 4177 adding Chapter 5.100 to the Huntington
Beach Municipal Code (HBMC) establishing a Sidewalk Vending Permitting and
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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
City Manager Wilson introduced City Attorney Gates who provided background details for this item,
including a new State law which became effective January 1, 2019. This Item is part of the effort to
make the original Huntington Beach Municipal Code (HBMC) compliant with the State law. If this
Emergency Ordinance is adopted, then the City will bring back a final ordinance within 120 days if
necessary.
Councilmember Posey and City Attorney Gates discussed that this Emergency Ordinance still relies
upon the City's Charter status. City Attorney Gates added that a final ordinance may be needed to
address policy or process issues which may be uncovered within the next 120 days.
A motion was made by Semeta, second Brenden to, after the City Clerk reads by title, 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."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ORDINANCES FOR INTRODUCTION
32. 18-590 Approved the Expedite Permit Process for Electric Vehicle Charging Stations on
Private Property by approving for introduction Ordinance No. 4166
City Manager Wilson introduced Director of Community Development Ursula Luna-Reynosa who
described that this item will streamline the permit process for residential homeowners, as well as private
commercial property owners within the City, who may wish to install electrical vehicle charging stations
on their property.
Councilmember Delgleize and Director Luna-Reynosa discussed details of the process.
Councilmember Posey and Director Luna-Reynosa discussed details related to signage and advertising
codes, and whether commercial electrical vehicle charging stations provide a fuel, or a utility.
Mayor Posey and Director Luna-Reynosa also discussed the signage and advertising codes and the
need for more clarity regarding commercial electrical vehicle charging stations.
Director Luna-Reynosa clarified that this Item does not change the current no-signage policy, and a
future item can be brought forward for Council's direction on clarifying the commercial signage code.
A motion was made by Posey, second Peterson to, after the City Clerk reads by title, approve for
introduction Ordinance No. 4166, "An Ordinance of the City of Huntington Beach Adding Chapter 17.62
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to the Huntington Beach Municipal Code Regarding Expedited Electric Vehicle Charging Station
Permitting."
The motion carried by the following vote:
AYES: Peterson, Semeta, Brenden, Carr, Hardy, and Posey
NOES: None
OUT OF ROOM: Delgleize
33. 18-664 Approved 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
City Manager Wilson introduced Fire Chief Segura who provided some background details on this
recommended Huntington Beach Municipal Code change to enhance resident and public safety.
Councilmember Delgleize, Fire Chief Segura and Police Lt. Dereszynski discussed some of the
situations and requirements for access to parking structures, corridors and common areas in multiple
family residences.
A motion was made by Delgleize, second Posey to, after the City Clerk reads by title, 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."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
COUNCILMEMBER ITEMS
34. 19-097 Approved City Councilmember Item submitted by Councilmember Posey for the
January 22, 2019 City Council meeting — Formation of a Charter Review
Commission
Councilmember Posey explained that in his review of the City Charter, Section 804, Charter Review,
stipulates 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 frequently than every ten years. The last
Charter Review was completed in 2009. Councilmember Posey further stated he believes it would be
prudent for the Council to convene a Commission of experts to review the Charter to determine if
changes are needed to preserve the City's autonomy as a Charter City.
Councilmember Delgleize and Councilmember Posey discussed details related to the composition of the
Commission and process.
Councilmember Carr stated her support for conducting a Charter Review every ten (10) years.
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Councilmember Brenden confirmed that he served on the Charter Review Commission in 2009, and
stated his support for this item.
Councilmember Hardy expressed her recollection that in 2009 it had been nearly twenty (20) years since
there had been a Charter review and there were specific issues that needed attention. She does not
think there are currently Charter issues that need to be addressed, and therefore will not support this
item.
Mayor Pro Tem Semeta and City Manager Wilson discussed details related to the process and costs in
2009.
Councilmember Carr suggested it would be beneficial to look at three experts in selecting a Charter
Review Consultant.
Mayor Peterson stated that he agrees with Councilmember Hardy's comments, and doesn't see any
specific needs that should be addressed, and therefore he will not support this item.
Mayor Pro Tem Semeta and Councilmember Hardy both stated that if the scope of the proposed Charter
Review included some specific issues to be addressed they could be more supportive.
City Attorney Gates stated that the City Charter is currently as broad as it can be to invoke every
authority the California Constitution affords, and in his opinion there is nothing more to do to strengthen
the City Charter.
A motion was made by Posey, second Brenden to direct the City Manager to 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 retain the services of a
Charter Review Consultant to assist the Commission and staff in the review of the Charter.
The motion carried by the following vote:
AYES: Brenden, Carr, Posey, and Delgleize
NOES: Semeta, Peterson, and Hardy
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Posey asked that the Mayor dedicate today's meeting to the legacy and leadership of
Martin Luther King, Jr.
Councilmember Delgleize announced that the Orange County Transit Authority (OCTA) is rolling out a
"Less Stops and More Go" on the Beach Boulevard Bravo Line between Huntington Beach and Fullerton
on February 11, 2019. She also announced that OCTA will hold a public meeting on January 26, 2019, in
Costa Mesa, to address issues related to the upcoming closure of Fairview Bridge in the continuing 405
Freeway improvement project.
Councilmember Hardy reported attending The Secret Garden fundraiser at Central Library, and a very
informative Social Media Parent Night sponsored by the Huntington Beach Unified School District.
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Councilmember Brenden stated that he participated in the December 18th Red Cross blood drive at the
Police Department and encouraged others to donate to help meet the ongoing need. Councilmember
Brenden reported attending the Huntington Beach Fire Department Fire Academy Graduation Ceremony
in December, the Huntington Beach Police Department Promotions Ceremony, the O. C. Forum State of
the County event, and congratulated Amory Hanson and Mark Zambrano on their appointments to the
Historic Resources Board.
Councilmember Carr reported touring the International Surfing Museum and reminded everyone that
"Wavehog Day" is coming up on Groundhog Day, February 2, at Pier Plaza, and that she will be
participating in the Point-In-Time Homeless Count, the League of California Cities Conference, and the
Surf City Marathon.
Mayor Pro Tem Semeta reported attending the Huntington Beach Police Department Promotions
Ceremony, a meeting of the Public Cable Television Authority (PCTA), the Downtown Business
Improvement District (DBID), a Friends of the Library Luncheon, and announced that Center on the
Center is opening at the Art Center on January 26, and announced that she is honored to have been
asked by the Assistance League to serve on their Advisory Council.
Mayor Peterson reported attending the Huntington Beach Fire Department Fire Academy Graduation
Ceremony in December, and meeting with Cub Scouts Pack 278 to fulfill their requirements for their
"Building a Better World" adventure.
ADJOURNMENT at 8:08 PM, in memory of Martin Luther King Jr., to the next regularly scheduled
meeting of the Huntington Beach City Council/Public Financing Authority on 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
______________________________________
City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach
and Secretary of the Public Financing Authority
of the City of Huntington Beach, California
ATTEST:
___________________________________
City Clerk-Secretary
______________________________________
Mayor-Chair
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City of Huntington Beach
File #:19-131 MEETING DATE:2/4/2019
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 appointment of Keith Bohr, Phil Burtis, Jeff Morin, Chris Kunze, Michael
Bourgeault, David Porter, and Mario Tabernig to the newly established Jet Noise Commission
with terms to expire 12/31/2022
Statement of Issue:
The City Council created the Jet Noise Commission on November 5, 2018 and adopted Ordinance
No. 4168 amending the Municipal Code by adding Chapter 2.104 entitled Jet Noise Commission.
This Council action seeks to appoint seven members to the newly established Commission.
Financial Impact:
Not applicable.
Recommended Action:
Approve the appointments to the Jet Noise Commission as approved by Council Liaisons,
Councilmembers Patrick Brenden and Barbara Delgleize for Keith Bohr, Phil Burtis, Jeff Morin, Chris
Kunze, Michael Bourgeault, David Porter, and Mario Tabernig. These terms will expire on December
31, 2022.
Alternative Action(s):
Do not approve the appointments and direct staff accordingly.
Analysis:
The newly created Jet Noise Commission currently has seven vacant seats as prescribed in Chapter
2.104 of the Huntington Beach Municipal Code. The City received fourteen (14) applications for the
vacant seats. The openings for the Commission were advertised on the City’s website and on social
media. Council Liaisons Councilmembers Patrick Brenden and Barbara Delgleize interviewed all
applicants. Out of these interviews seven members were selected based on their expertise and
interest in assisting the City. Each members term will be for four (4) years ending December 31,
2022. Through natural attrition over the next four years the terms will change as vacancies occur
and new members have new four (4) year terms. The first scheduled meeting will take place on
February 25, 2019 at 5:30 p.m. and the Commission will meet monthly on the fourth Monday of each
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File #:19-131 MEETING DATE:2/4/2019
February 25, 2019 at 5:30 p.m. and the Commission will meet monthly on the fourth Monday of each
month at 5:30 p.m. This will be a publicly noticed meeting.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. Application for Appointment - Keith Bohr
2. Application for Appointment - Phil Burtis
3. Application for Appointment - Jeff Morin
4. Application for Appointment - Chris Kunze
5. Application for Appointment - Michael Bourgeault
6. Application for Appointment - David Porter
7. Application for Appointment - Mario Tabernig
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City of Huntington Beach
File #:19-127 MEETING DATE:2/4/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Michele Warren, Director of Human Resources
Subject:
Approve Modifications to the Ambulance Operator Employment Agreement Reflecting
Changes Related to the California Minimum Wage Effective January 1, 2019 , through January
1, 2022
Statement of Issue:
The State of California minimum wage changed to $12.00 per hour, effective January 1, 2019.
Additional changes are scheduled for January 1, 2020,January 1, 2021 and January 1, 2022. In
order to comply with the California Minimum Wage changes, updates to the existing Ambulance
Operator Employment Agreement are required.
Financial Impact:
Funding for the implementation of the contractual modifications to comport with the State minimum
wage change was incorporated into the FY 2018/19 Adopted Budget for the Fire Department; hence,
no additional appropriations are necessary. Future California Minimum Wage changes will be
incorporated as required into future fiscal year budgets.
Recommended Action:
Approve Modifications to the Ambulance Operator Employment Agreement Reflecting Changes
Related to the California Minimum Wage Effective January 1, 2019.
Alternative Action(s):
Do not approve the Ambulance Operator Employment Agreement changes and direct staff to find an
alternative means of reflecting the changes to the state-wide minimum wage for this employee group.
Analysis:
The State of California Minimum Wage increased to $12.00 per hour effective January 1, 2019.
Modifications to the Ambulance Operator Employment Agreement are needed to comport with the
State of California Minimum Wage changes, effective January 1, 2019.
Henceforth, annually, beginning with January 1, 2020, additional California Minimum Wage changes
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File #:19-127 MEETING DATE:2/4/2019
Henceforth, annually, beginning with January 1, 2020, additional California Minimum Wage changes
will be implemented as referenced in the updated Ambulance Operator Employment Agreement
which is included as Attachment #1.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and Maintain City Service Delivery
Attachment(s):
1. Ambulance Operator Employment Agreement - Updated 01/01/19 including Exhibit A (Job
Duties) and Exhibit B (Benefits)
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AT WILL EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND
(NAME]
THIS AGREEMENT made and entered into this______day of ___________________,
2 , by and between the City of Huntington Beach, a charter city and a California municipal
corporation organized and existing under the Constitution and laws of the State of California,
(hereinafter "City") and _________________________ (hereinafter "Ambulance
Operator" or "Employee").
WHEREAS, in order to better provide for the health, safety and welfare of the citizens of
Huntington Beach, the City provides detailed control over the daily operations of the City's
emergency transport operations, including "in-house" deployment of ambulances, ownership and
control over equipment and supplies; supervision and control over employee selection and
assignments, and operations; and
It is the desire of the City to employ a well qualified and motivated Ambulance Operator for
a limited time. As such, the City created an "at-will" Ambulance Operator position; and
The City is willing to assume various costs associated with the examination, interviewing,
and investigation of prospective Ambulance Operators and the provision of uniforms and
equipment, training, and salary during training for newly-hired Ambulance Operators; and
It is the desire of the City to provide certain specific benefits, establish certain conditions of
employment, and to set working conditions of the Ambulance Operator; and
The City desires to employ [NAME]______________________________as an at-will
Ambulance Operator for the City of Huntington Beach; and
[NAME]__________________________________desires to accept employment as an
at-will Ambulance Operator of the City,
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
SECTION 1. DUTIES
A. Ambulance Operator agrees that he or she possesses the minimum qualifications and
will perform the functions .and duties set forth in Exhibit A (attached hereto and
incorporated herein by reference ), and will perform all other legally permissible
duties and functions as the Fire Chief shall from time to time assign.
Ambulance Operator acknowledges and agrees that the work schedule may involve
twenty-four (24) hour shifts or other shifts as determined by the Fire Chief pursuant
to Section 4 herein.
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Ambulance Operator acknowledges and agrees that he or she shall not be considered
a firefighter or public safety employee. Ambulance Operator shall not perform public
safety duties including, but not limited to, fire prevention, fire suppression, technical
rescue, or the staffing of fire apparatus.
The Ambulance Operator shall devote his/her full attention and effort to the tasks and
duties set ·forth herein and perform the mentioned duties and tasks in a professional
manner.
B. City agrees:
(1) to administer various examinations, background checks, and/or any other pre-
employment screening at the sole discretion of the Fire Chief, in order to
determine whether Ambulance Operator is an appropriate candidate for
employment as an Ambulance Operator for the City;
(2) to provide Ambulance Operator with any uniforms, tools and equipment as
the Fire Chief, in his sole discretion, deems appropriate;
(3) to provide Ambulance Operator such training and instruction as the Fire
Chief, in his sole discretion, deems appropriate;
(4) to pay Ambulance Operator earned wages during the period the Ambulance
Operator is employed by the City;
(5) to staff Ambulances with at least one (1) other Ambulance Operator as
directed by the Fire Chief;
(6) to provide adequate dormitory and kitchen facilities for Ambulance
Operator.
SECTION 2. TERM
A. The length of an initial agreement for an Ambulance Operator shall be determined by
the Fire Chief and shall not exceed thirty-six (36) months. Ambulance Operator is
an at-will employee of the City and as such, said position may be terminated at
any time at the sole and absolute discretion of the Fire Chief. Nothing in this
Agreement sham prevent, limit or otherwise interfere with the sole and absolute
discretion of the Fire Chief to terminate the employment of the Ambulance
Operator at any time. Any subsequent agreements with an Ambulance Operator re-
employed must be pursuan t to Section 7.
B. The term of this Agreement may be extended for a time period not to exceed six
(6) months with written approval of the Fire Chief.
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SECTION 3. SALARY
City agrees to pay Ambulance Operator for his/her services rendered pursuant to this
Agreement, an hourly salary based on the following step ranges through December 31, 2019:
Step A $12.00
Step B $12.66
Step C $13.36
Step D $14.10
Step E $14.88
Effective January 1, 2020, City agrees to pay Ambulance Operator for his/her services rendered
pursuant to this Agreement, an hourly salary based on the following step ranges:
Step A $13.00
Step B $13.72
Step C $14.47
Step D $15.27
Step E $16.10
Effective January 1, 2021, City agrees to pay Ambulance Operator for his/her services rendered
pursuant to this Agreement, an hourly salary based on the following step ranges:
Step A $14.00
Step B $14.77
Step C $15.58
Step D $16.44
Step E $17.34
Effective January 1, 2022, City agrees to pay Ambulance Operator for his/her services rendered
pursuant to this Agreement, an hourly salary based on the following step ranges:
Step A $15.00
Step B $15.83
Step C $16.70
Step D $17.61
Step E $18.58
Ambulance Operator's wage will start at Step A. Merit increase may be awarded in one
Step increments every 6 months of full-time employment. Merit increases are dependent upon
a performance evaluation that is at a competent level or above to be completed by Ambulance
Operator' s direct supervisor and reviewed and approved by the Fire Chief.
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SECTION 4. WORK SCHEDULE/OVERTIME
A. It is understood that the Fire Chief may establish a work period for each
Ambulance Operator. Such schedule will comply with requirements of the Fair
Labor Standards Act (FLSA) and any other federal or state employment laws
and/or regulations. To the extent required by federal and state labor laws and/or
regulations, the City agrees to provide Ambulance Operator overtime based upon
a 40 hour payroll work week (i.e. beginning 8:00 a.m. Saturday through 7:59 a.m.
the following Saturday).
B. Ambulance Operator understands and agrees that in the course of his or her
employment with the City he or she will be usually scheduled for 24 hour shifts of
duty. Ambulance Operator understands and agrees that an amount not less than
time and one half of his/her regular hourly rate of pay shall be paid for all work in
excess of 40 hours in any one payroll week (unless otherwise required by law).
Ambulance Operator understands and agrees that provisions of federal and state
laws provide that an Ambulance Operator working a 24-hour shift may not have
more than eight (8) hours of each shift deducted for sleep time and that employers
electing to pay an employee by these rules need not consider those periods as
hours worked. Ambulance Operator understands that interruptions of sleep or
meal periods will be considered hours worked. Ambulance Operator understands
and agrees that the City has elected not to deduct any time for sleep or meal
periods and will pay (as wages earned) for all sleeping and meal times while he or she
is on duty regardless of interruption.
C. In the event an Ambulance Operator is ordered into work, he or she will receive a
minimum of one (1) hour at his or her base hourly rate, at the discretion of the
Fire Chief or designee. Ambulance Operator's workday shall not begin until
Ambulance Operator arrives at the fire station.
D. The Fire Chief, at his sole discretion, may establish reasonable regulations regarding
hours worked, daylight savings time, lost time, general leave, shift exchanges, etc.
These regulations may be modified and/or updated from time to time at the sole
discretion of the Fire Chief in accordance with federal, state, and/or local laws
governing employment.
SECTION 5. OTHER BENEFITS/SPECIFIC EXCLUSIONS
Ambulance Operator agrees and understands that pursuant to Huntington Beach
Municipal Code section 2.76.01O(k), he or she is not part of the competitive service system and
does not belong to and is not part of any recognized bargaining unit in Huntington Beach.
Ambulance Operator may not administratively appeal, grieve or protest any other condition of
employment pursuant to Huntington Beach Municipal Code and/or Personnel Rules. Therefore, the
benefits described below and in Exhibit B, attached hereto, shall be the sole and exclusive benefits
for service.
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A. General Benefits
The benefits Ambulance Operator receives are pursuant to the terms of this
Agreement and shall be governed by department policies established by the Fire
Chief. A copy of policies regarding this Agreement is available in the Office of the
Fire Chief.
B. General Leave
(1) Accrual
Ambulance Operator accrues general leave at the accrual rate of 7.15 hours
per pay period or 186 hours per year depending upon hours worked and is
pro-rated based on regular earnings. Maximum accrual is 200 hours.
Ambulance Operator may not cash out general leave except at separation
from employment.
a) General Leave as defined herein meets the accrual and use
requirements pursuant to AB 1522 and AB 304 regarding the
Healthy Workplace Healthy Families Act of 2014.
b) General Leave as defined herein, complies with City of
Huntington Beach AR 420; however, Ambulance Operators
will not be subject to separate/additional sick leave accruals or
subject to 48 hour sick leave accrual maximums pursuant to AR
420.
c) Any unused General Leave cashed out and paid at time of
separation from City employment will not be reinstated should
Ambulance Operator be subsequently rehired within one (1)
year of separation or at any time thereafter, irrespective of reason
for separation.
(2) Eligibility and Approval
The accumulation, use, and cash out of general leave at separation shall be
governed by policies established by the Fire Chief in writing. The use of
general leave must be pre-approved by the Fire Chief or designee except for
illness, injury or family sickness, which may require a physician' s statement
for approval. Ambulance Operator begins to accrue general leave upon
execution of this Agreement. General leave may be used for any purpose,
includin g vacation, sick leave, and personal leave.
C. Bereavement Leave
In the event of the death of an immediate family member, Ambulance Operator may
take up to two (2) work shifts without pay (unless general leave is u sed). Immediate
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family members are father, mother, sister, brother, spouse, registered domestic
partner, child, son-in-law, daughter-in-law, grandfather, grandmother, stepfather,
stepmother, step-grandfather, step-grandmother, grandchild, stepsister, stepbrother,
mother-in-law, father-in-law, brother-in-law, sister-in-law, stepchild, or wards of which
the employee is the legal guardian.
D. Court Time
Ambulance Operator who is required to be on standby for a court appearance related
to his or her job duties shall receive two (2) hours of pay for each morning and
afternoon court session. If court attendance is required for more than two (2) hours,
Ambulance Operator shall be compensated as hours worked.
SECTION 6. TERMINATION/RESIGNATION
In the event Ambulance Operator voluntarily resigns his/her position, the Ambulance
Operator shall give City written notice at least thirty (30) days prior to the last workday, unless the
Fire Chief and Ambulance Operator otherwise agree. It is understood that after notice of
termination in any form, Ambulance Operator and City will cooperate to provide for an orderly
transition.
SECTION 7. REEMPLOYMENT
A. With the approval of the Fire Chief, an Ambulance Operator who has resigned in
good standing, and who was employed for fewer than thirty-six (36) months (in
the aggregate) for all agreements, may be reemployed to either a part-time or a
full-time position, if vacant, within one (1) year of the effective date of
resignation.
B. If a former Ambulance Operator seeks reemployment after a period greater than
one (1) year after resignation, the City's recruitment process for the Ambulance
Operator position must be utilized to gain employment.
C. The employment period will be limited to the remaining term of all agreements
(in aggregate) and limited to a total of thirty-six (36) months of employment for
all agreements (in aggregate).
SECTION 8. INDEMNIFICATION
City shall defend and indemnify the Ambulance Operator against any action occurring
within the course and scope of the Ambulance Operator' s duties or other noncriminal legal,
equitable or administrative action, whether groundless or otherwise, arising out of an alleged act
or omission occurring in the performance of the Ambulance Operator's duties as an employee of
the City, other than an action brought by the City against the Ambulance Operator or an action
filed against the City by the Ambulance Operator. City shall be responsible for and have
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authority to compromise and settle any action, and pay the amount of any settlement or judgment
rendered on that action. Ambulance Operator shall cooperate fully with the City in the
settlement, compromise, preparation of the defense, and/or trial of any such action.
SECTION 9. ACKNOWLEDGEMENT
[NAME]__________________________________________ acknowledges that he/she has examined this
Agreement, that he/she has read and understand s this Agreement, and he/she has the right to
consult an attorney prior to entering this Agreement.
SECTION 10. NOTICE
Any notice that may be required by this Agreement shall be sent to these parties:
City of Huntington Beach Ambulance Operator
Attn: Fire Chief Name:
2000 Main Street Address:
Huntington Beach, CA 92648
SECTION 11. SEVERABILITY
The invalidity of any portion of this Agreement will not and shall not affect the validity
of any other provision. In the event that any provision of this Agreement is held to be invalid,
the parties agree that the remaining provisions shall be deemed in full force and effect as if
they had been executed by both parties subsequent to the expungement of the invalid provision.
SECTION 12. EFFECTIVE DATE
This agreement shall become effective on, 2 for a term not to
exceed months from this date.
IN WITNESS WHEREOF , the City of Huntington Beach has caused this Agreement
to be signed and executed on its behalf by its Fire Chief, and the Ambulance Operator has
signed and executed this Agreement on , 2______.
CITY OF HUNTINGTON BEACH AMBULANCE OPERATOR
147
By:
__________________________
FIRE CHIEF SIGNATURE
PRINT NAME
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CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: AMBULANCE OPERATOR
Page 1 of 2
PERSONNEL COMMISSION APPROVAL:
COUNCIL APPROVAL:
NOT APPLICABLE
DECEMBER 18, 2006
JOB CODE:
EMPLOYMENT STATUS:
UNIT REPRESENTATION:
FLSA STATUS:
0522
PART-TIME
NONE
NON-EXEMPT
DUTIES SUMMARY
To provide emergency ambulance transport services to the C ity of Huntington Beach.
DISTINGUISHING CHARACTERISTICS
The non-safety/non-firefighter position of Ambulance Operator works under the
supervision of a fire captain and the overall direction of an ambulance program
coordinator to perform Ambulance Operator duties as directed.
EXAMPLES OF ESSENTIAL DUTIES
In part, the Ambulance Operator will be required to perform the following job tasks:
operate city owned ambulances and other department vehicles as directed, including
driving to and from medical emergencies as part of the ambulance transportation team;
perform appropriate field procedures utilizing EMT-1 level skills such as attaining and
documenting vital signs, bandaging, splinting, lifting patients into ambulance and
assisting paramedics as directed; maintain and inventory emergency ambulance
supplies, equipment and routine vehicle parts; support patient billing operations; operate
within federal, state, county and city laws and regulations and guidelines including the
Health Insurance Portability and Accountability Act; attend and successfully complete
department and hospital training sessions and drills; participate in station and
equipment clean-up, and perform other assignments as directed.
WORK PERIOD
In general, Ambulance Operator will work a 24-hour, rotating shift, for an average 56-
hour work week. To the extent required by federal and state labor laws and/or
regulations, the City agrees to provide the Ambulance Operator with overtime pay
based upon a 40 hour work week. As FLSA “non-exempt” employees, Ambulance
Operators shall receive overtime pay for hours worked over forty (40) hours in a work
Exhibit A
149
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: AMBULANCE OPERATOR
Page 2 of 2
week at time and one half of the time Ambulance Operators FLSA regular rate of pay.
The preceding duties have been provided as examples of the essential ty pes of work
performed by positions within this job classification. The City, at its discretion, may add,
modify, change or rescind work assignments as needed.
QUALIFICATIONS
Any combination of education, training, and experience that w ill provide the knowledge,
skills, and abilities to successfully perform in the position as determined by the Fire
Chief. A typical combination includes but is not limited to:
Knowledge of: (1) Applicable federal, state, county and Huntington Beach regulations,
practices and procedures; (2) principles of emergency ambulance and transportation
procedures including first aid, resuscitator and gurney operations; safe emergency work
practices; (3) infectious control procedures; (4) emergency radio communication
procedures; (5) medical terminology and documentation; and, (6) emergency vehicle
maintenance and operation, including all applicable federal and state driving licenses.
Ability to: (1) Read electronic and incident maps and follow map directions; (2) work
effectively in difficult and hazardous emergency situations and environments and carry
out work assignments as instructed; (3) safely and properly transport patients during
ambulance transportation; (4) follow oral and written instructions; (5) communicate
effectively with the public and fellow employees.
Education: High School diploma or equivalent.
Experience: Preferred graduate of a 240-hour California Fire Academy or equivalent;
or Fire Technology course work at the college level; education and experience directed
toward a career in the Fire Service.
Certifications/License: Possession of a valid California driver’s license-Class C;
possession of a current California EMT-1 certificate with a current CPR card; and a valid
Department of Motor Vehicles Ambulance Driver certificate.
PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS
Physical strength to and agility to lift and carry heavy objects, such as a gurney while
transporting patients; lift, pull and operate gurney; climb ladders and stairs; bend, stoop,
kneel, crawl in tight places; withstand a variety of environmental factors including
working in the heat or cold, confined spaces, slippery/uneven surfaces, work irregular
hours; exposure to toxic chemicals, fumes, smoke, gases and solvents; work long
periods of time without relief.
Reasonable accommodation(s) for an individual with a qualified disability will be
considered on a case-by-case basis.
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COHB Ambulance Operator Agreement
2018 Update EXHIBIT B
EXHIBIT B
Benefit Detail
Medical, Dental & Vision Coverage
The City Medical Contribution will continually match 100% of the
cost of the least expensive HMO plan for medical and dental for
the employee. Employee pays any additional costs for selected
coverage.
Long Term Disability (LTD) Coverage
City paid coverage.
FICA (Medicare)
1.45% paid by Employee and 1.45% paid by City.
Life and Accidental Death and
Dismemberment (AD&D) Coverage
City paid coverage.
California Public Employees’ Retirement
System (CalPERS enrollment) Coverage
Effective for all employees hired on or after January 1, 2013,
CalPERS will determine the membership status of all new hires as
either “CLASSIC” or “NEW”. In accordance with the Public
Employees Pension Reform Act (PEPRA), Classic employee
membership enrollment is as a MISCELLANEOUS member with a
benefit formula of 2.5% at age 55. Classic members contribute 8%
to CalPERS. New employee membership is as a MISCELLANEOUS
member with a benefit formula of 2% at age 62. NEW members
contribute 6.25% to CalPERS. All employees pay $2 per month
($0.93 bi-weekly) for 1959 Survivor Benefit.
Employee Assistance Program
City paid coverage.
Flexible Spending Account Participation is voluntary and funding is based on Employee
contributions.
Deferred Compensation Participation is voluntary and funding is based on Employee
contributions.
Certification Maintenance The City will reimburse the Employee for the fees required to
renew EMT certification after obtaining full time status. The City
will pay for DMV required medical exams associated with
maintaining Ambulance Driver's certification after obtaining full
time status.
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City of Huntington Beach
File #:19-034 MEETING DATE:2/4/2019
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 the execution of Amendment No. 1 to the Cooperative Agreement with
the Orange County Transportation Authority for the Traffic Signal Synchronization Project
along Adams Avenue and Appropriate $30,000 in Matching Funds for the Project (CC-1482)
Statement of Issue:
On February 18, 2014, the City Council approved the execution of a Cooperative Agreement with the
Orange County Transportation Authority (OCTA) for a signal coordination project along Adams
Avenue. The expiration date on this agreement was December 31, 2018. As OCTA has not
completed the project, Amendment No. 1 will extend the term of the agreement until May 31, 2019.
Funding is also requested to meet the City’s matching funds obligations.
Financial Impact:
At the time of the execution of the Cooperative Agreement on February 18, 2014, funds in the
amount of $181,495 were available in the Air Quality Management District (AQMD) fund (account
20190011.82700) for the City’s share of the project. The City has remitted $142,227 to date to
OCTA, leaving a balance of $39,268. To adequately provide for the remaining $39,268 in matching
funds, an appropriation in the amount of $30,000 is being requested from the AQMD (201)
Undesignated Fund Balance to account 20190011.82700. The balance of $9,268 will be comprised of
in-kind services, including staff time spent on the project.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Cooperative
Agreement No. C-3-2086 Between Orange County Transportation Authority and The Cities of
Huntington Beach and Costa Mesa for The Adams Avenue Regional Traffic Signal Synchronization
Project” funded as part of the Measure M2 Regional Traffic Signal Synchronization; and,
B) Appropriate $30,000 from the AQMD Undesignated Fund Balance to project account
20190011.82700.
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Alternative Action(s):
Do not authorize approval of the Amendment to the Cooperative Agreement and provide direction to
staff to amend the terms of the agreement.
Analysis:
On February 18, 2014, the City Council approved participation by the City of Huntington Beach in the
multi-jurisdictional traffic signal coordination project along Adams Avenue administered by the Orange
County Transportation Authority (OCTA).
This project provides operational and infrastructure improvements at 17 intersections along Adams
Avenue from Lake Street in Huntington Beach to Fairview Road in Costa Mesa. Equipment upgrades
have been installed which have improved the operation and communications along the network,
including the installation of traffic signal conduit and fiber optic communication cable within the City of
Huntington Beach. Included as part of these improvements is a connection from Adams Avenue to
the City’s Traffic Management Center located within City Hall.
New coordinated traffic signal timing has also been developed and implemented which has reduced
stops and delays along the corridor. The final stage includes the monitoring and fine tuning of the
signal timing and is the only remaining task to be completed. The work is expected to be completed
by May 2019. The Orange County Transportation Authority is requesting that the contract term be
extended to acknowledge the ongoing efforts and allow OCTA and their consultant to complete the
contractual scope of services.
Public Works Commission Action:
Not required.
Environmental Status:
All remaining work in the City of Huntington Beach is categorically exempt.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Location Map.
2. Cooperative Agreement No. C-3-2086 approved by City Council on February 18, 2014.
3. Amendment No. 1 to Cooperative Agreement No. C-3-2086.
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City of Huntington Beach
File #:19-111 MEETING DATE:2/4/2019
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 the execution and recordation of an Easement, Construction and
Maintenance Agreement with HB Homes Management, LLC and the Huntington Beach
Elementary School District for the LeBard Redevelopment Project at 20461 Craimer Lane
Statement of Issue:
An Easement, Construction and Maintenance Agreement Regarding Tract Map No. 17801, between
the City, the “Developer” (HB Homes Management, LLC) and the “District” (Huntington Beach
Elementary School District) is presented for City Council approval and execution for the LeBard
Redevelopment Project at 20461 Craimer Lane.
Financial Impact:
On May 5, 2014, the City executed a Memorandum of Understanding (MOU) with the District
regarding the transfer and development of the LeBard School site. At the December 7, 2015, City
Council meeting, the City entered into an Agreement with the District that includes the development
of single family residential homes, and storm water quality features that serve those homes. Upon
execution of this agreement, the Developer will be responsible for expenses related to maintenance
of said storm water quality improvements.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute the “Easement, Construction and
Maintenance Agreement Regarding Tract Map No. 17801,” between the City, HB Homes
Management, LLC and the Huntington Beach Elementary School District to provide easements,
construction of certain park improvements and maintenance of landscaping/park improvements
related to certain water quality and drainage features in the LeBard Redevelopment Project.
B) Instruct the City Clerk to record said “Easement, Construction and Maintenance Agreement
Regarding Tract Map No. 17801” (and attachments) with the Orange County Recorder.
Alternative Action(s):
Do not authorize execution of the Easement, Construction and Maintenance Agreement Regarding
Tract Map No. 17801,with findings for denial, and direct staff accordingly. Absent this agreement,
the City would be responsible for construction of certain park improvements and maintenance of the
landscaping/park improvements related to water quality features in the project. This alternative action
would result in increased future maintenance costs for the City and will prevent the Developer from
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File #:19-111 MEETING DATE:2/4/2019
would result in increased future maintenance costs for the City and will prevent the Developer from
satisfying the project’s Conditions of Approval.
Analysis:
The LeBard Redevelopment Project is located at the former LeBard Elementary School site at 20461
Craimer Lane (east of Brookhurst Street near the intersection with Indianapolis Avenue). Presently,
the District is the owner of a 6.6-acre “Recreation Parcel” (portion of former school site now used by
Seaview Little League for youth baseball) and the Developer is the owner of the 3.2-acre “Residential
Parcel” which they purchased from the District for redevelopment into a 15-lot residential subdivision.
The Project includes this residential subdivision as well as proposed park improvements over
parkland owned by both the City (LeBard Park) as well as parkland currently owned by the District
(i.e. the “Recreation Parcel”). See Attachment 2 for an overall plan of the project.
On June 9, 2015, the City Planning Commission approved Tentative Tract Map No. 17801
(Attachment 3) with a Condition of Approval requiring that the project’s Homeowner’s Association
(HOA) execute an Agreement with the City to assign the HOA responsibility for: (1) construction of
certain park improvements; and,(2) continuing maintenance/liability of certain landscaping/park
improvements related to water quality and drainage features associated with the project. Since the
HOA will not be created until after construction of the project’s 15 single-family homes, the Developer
would have these responsibilities until succeeded by the HOA, as specified in the subject agreement
(Attachment 1).
On December 8, 2015, the City and District entered into an “Acquisition Agreement”, wherein the City
agreed to purchase the Recreation Parcel from the District. Pursuant to this Acquisition Agreement,
conveyance of Recreation Parcel to the City would not occur until after the Developer completes
construction of the required park improvements. Consequently, since the District is the current owner
of the Recreation Parcel, they are also required to be signatory to the subject Easement,
Construction and Maintenance Agreement Regarding Tract Map No. 17801, and until the conveyance
is completed, the parkland will be jointly owned by the District and the City.
In addition to construction and maintenance of park improvements and water quality features, this
Easement, Construction and Maintenance Agreement Regarding Tract Map No. 17801 provides the
following easements:
1) Granted by the District (to the Developer) for drainage purposes over the Recreation Parcel
and for maintenance of the water quality swale directly downstream of the new residential
subdivision.
2) Granted by the Developer (to the City) for public park and open space purposes over the
Detention Basin (Lot A of Tract Map 17801), directly downstream of the new residential
subdivision.
This Easement, Construction and Maintenance Agreement Regarding Tract Map No. 17801 has been
reviewed and approved by the Developer, the District, Public Works staff and by the City Attorney’s
Office and is now presented to City Council for approval and execution.
Public Works Commission Action: Not required.
Environmental Status:
The agreement is categorically exempt from the California Environmental Quality Act, pursuant to
City Council Resolution No. 4501.
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File #:19-111 MEETING DATE:2/4/2019
Strategic Plan Goal:Enhance and maintain infrastructure
Attachment(s):
1.“Easement, Construction and Maintenance Agreement Regarding Tract Map No. 17801,”
between the City, HB Homes Management, LLC and the Huntington Beach Elementary School
District to provide easements, construction of certain park improvements and maintenance of
landscaping/park improvements related to certain water quality and drainage features in the
LeBard Redevelopment Project.
2. Overall Plan of the LeBard Redevelopment Project.
3. Tentative Tract Map No. 17801
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City of Huntington Beach
File #:19-118 MEETING DATE:2/4/2019
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:
Adopt Ordinance No. 4166 expediting the Permit Process for Electric Vehicle (EV) Charging
Stations on Private Property
Approved for introduction January 22, 2019 - Vote: 6-0-1 (Delgleize out of room)
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:
Adopt 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 adopt 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
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File #:19-118 MEETING DATE:2/4/2019
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
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
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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
232
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
233
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)
234
City of Huntington Beach
File #:19-119 MEETING DATE:2/4/2019
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:
Adopt Ordinance No. 4171 amending the Huntington Beach Municipal Code (HBMC) by
updating Chapter 17.56.200 related to emergency responder access to private property
Approved for introduction January 22, 2019 - Vote: 7-0
Statement of Issue:
The City Council is requested to adopt the attached ordinance revising Municipal Code Chapter
17.56.200 relating to emergency responder access to private property.
Financial Impact:
Not applicable.
Recommended Action:
Adopt 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 adopt 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
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File #:19-119 MEETING DATE:2/4/2019
department personnel and the proposed update will allow access for police personnel.
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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237
238
239
City of Huntington Beach
File #:19-117 MEETING DATE:2/4/2019
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:
Adopt Ordinance Nos. 4172, 4173, 4174, 4175, and 4176 approving Zoning Text Amendment
(ZTA) No. 18-003 (Zoning and Subdivision Ordinance Update)
Approved for introduction January 22, 2019 - Vote: 7-0
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:
A) Adopt 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);” and,
B) Adopt 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);” and,
C) Adopt 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);” and,
D) Adopt 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,
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File #:19-117 MEETING DATE:2/4/2019
E) Adopt 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
Commission asked some general questions for clarification and unanimously recommended
approval of the ZTA.
Planning Commission Action on December 11, 2018:
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File #:19-117 MEETING DATE:2/4/2019
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,
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
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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.
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
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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 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
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
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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
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.
246
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.
247
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
249
250
251
Exhibit A – ZTA No. 18-003
1
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
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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
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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
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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)
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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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288
289
Exhibit A – ZTA No. 18-003
1
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
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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.
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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
292
4
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
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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)
294
Legislative Draft - Ordinance No. 4173
1
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
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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.
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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
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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
298
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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)
299
300
301
Exhibit A – ZTA No. 18-003
1
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 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 -
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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 -
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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)
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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.
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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.
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(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
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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
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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.
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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
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(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)
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Legislative Draft - Ordinance No. 4174
1
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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2
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
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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
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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.
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(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.
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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)
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Exhibit A – ZTA No. 18-003
1
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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Exhibit A – ZTA No. 18-003
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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.
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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.
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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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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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Zoning and Subdivision Ordinance Update
January 22, 2019
399
REQUEST:
Zoning Text Amendment (ZTA) No. 18-003:
Amend five chapters of Zoning and Subdivision Ordinance
(ZSO)
Chapter 203 (Definitions)
Chapter 204 (Use Classifications)
Chapter 211 (Commercial Districts)
Chapter 214 (Public-Semipublic District)
Chapter 231 (Off-Street Parking and Loading Provisions)
Reorganize certain entitlement applications to a lower hearing
body
Codify existing policies
Clarify sections of the ZSO
400
ANALYSIS
Change in the approving body:
Section 211.04 -Cultural Institutions –PC to Director if 5,000 s.f. or less
Section 211.04 -Government Offices (CV District only) –PC to ZA
Section 211.04 -Public Safety Facilities –PC to ZA
Section 211.04 -Eating and Drinking Establishments within 300 feet of residential
(no alcohol, live entertainment or dancing) –Director to permitted by right
Section 211.04 –Food and Beverage Sales –PC/ZA (typo) to permitted by right.
Section 211.04 -Personal Enrichment Services –ZA to Director if greater than
5,000 s.f.
Section 211.04 -Tattoo Establishments (CG District only) -PC to ZA
Land use issues related to these uses are typically straight forward.
Reduce processing time of non-controversial applications.
401
ANALYSIS
Codify Existing Policies:
Section 203.06 -Coverage, Lot or Site -Add that square footage of all building
projections are included.
By codifying this policy in the ZSO, the information is readily
accessible to staff and the public.
402
ANALYSIS
Cleanup and Clarification:
Section 203.06 –Assisted Living Facility –add definition
Section 203.06 –Guest House –delete definition
Section 203.06 –Setback Line –clarify setbacks measured from ultimate ROW.
Section 204.08(D) –Add Assisted Living under Convalescent Facilities use
classification for clarification.
Section 204.10(T) and (U) –Add Offices, Medical and Dental separate from Offices,
Business and Professional due to different parking requirements.
Section 204.10(X) –Add permanent/semi-permanent make-up (microblading) and
non-medical medspas to Personal Services given nature of uses.
Section 204.10(GG) –Add Office for Vehicle Retail Sales/Wholesale to be
consistent with DMV.
Section 211.04 –Animal Sales and Services –add reference to Muni Code
regarding distance for kennels from residential use.
403
ANALYSIS
Cleanup and Clarification:
Section 211.04 –Eating/Drinking Est. with alcohol –delete (Y) regarding Neigh.
Notif. (NN) since CUP required.
Section 211.04 –Eating/Drinking Est. with outdoor dining –delete (Y) regarding NN
since (X) already identifies approval process.
Section 211.04 –Offices, Medical and Dental –add use classification permitted by
right.
Section 211.04 –Offices for Vehicle Equipment Sales & Rentals –add use
classification permitted by right.
Section 211.06 –Development Standards –change FAR in CV to 0.5 to match
General Plan.
Section 214.06 –Convalescent Facilities –add use classification in PS District by
CUP from PC.
404
ANALYSIS
Cleanup and Clarification:
Section 231.04 –Parking –
-Add parking requirement for Convalescent Facilities including Skilled Nursing,
Assisted Living, and Continuing Care Retirement Communities.
-Clarify parking for Eating/Drinking Est. with 12 seats or less.
405
RECOMMENDATION
Planning Commission and staff recommend approval of ZTA No.
18-003 with findings based upon the following:
Improves clarity, addresses deficiencies, and keeps code current.
Improves customer service by providing a prompt and cost effective
review process.
Consistent with General Plan goals and policies.
406
END
407
City of Huntington Beach
File #:18-527 MEETING DATE:2/4/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Robert Handy, Chief of Police
Subject:
Approve for introduction Ordinance No. 4163 amending Huntington Beach Municipal Code
Chapter 5.56 related to Alarm Systems both residential and commercial, burglary alarms; and
Adopt Resolution No. 2019-07 increasing fees for burglar alarm businesses and alarm system
subscribers collected by the Police Department as established pursuant to Resolution No.
6656, and incorporating the increased fees into the Consolidated Comprehensive Citywide
Master Fee and Charges Schedule as established by Resolution No. 2016-59, and amended by
Resolution Nos. 2017-46, 2018-01, 2018-29, 2018-48, and 2018-55 (Supplemental Fee
Resolution No. 8).
Statement of Issue:
False alarms in the City put undue stress on the Police Department’s resources and a robust False
Alarm Reduction Program is necessary for improved deployment and cost recovery. As part of the
program, staff recommends adjusting the false alarm fees and amending Municipal Code Chapter
5.56 to make the sections more robust in seeking compliance for maintaining proper alarm systems,
reducing improper or careless use, and requiring more of alarm installation and monitoring
companies.
Financial Impact:
The recommended Ordinance and Resolution lowers the threshold at which false alarm fees are
issued and establishes new fees for false alarms for those without an alarm permit. Alarm permits
and false alarm fees generate approximately $400,000 in annual revenue in the General Fund. Staff
is recommending to increase, decrease and add new fees. Minimal changes are expected to
revenues as a result of the proposed changes to the false alarm fees. The City is considering
contracting out false alarm program services, which will allow the City to consistently enforce this
Ordinance. Increased enforcement of this Ordinance should result in increased revenues, as well as
a reduction in Police Department response to false alarm calls.
Recommended Action:
A) Approve for introduction Ordinance No. 4163, “An Ordinance of the City of Huntington Beach
Repealing Chapter 5.56 of the Huntington Beach Municipal Code Relating to Burglar Alarms and
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Adding Back a Revised Chapter 5.56 Relating to the Regulation of Burglar Alarms;” and,
B) Adopt Resolution No. 2019-07, “A Resolution of the City Council of the City of Huntington Beach
Increasing Fees for Burglar Alarm Businesses and Alarm System Subscribers Collected by the Police
Department as Established Pursuant to Resolution No. 6656, and Incorporating the Increased Fees
Into the Consolidated Comprehensive Citywide Master Fee and Charges Schedule as Established by
Resolution No. 2016-59, and Amended by Resolution Nos. 2017-46, 2018-01, 2018-29, 2018-48, and
2018-55 (Supplemental Fee Resolution No. 8).”
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
The Police Department responds to over 4,000 alarm calls each year and less than 1% are crime
related. Of these calls, 85% are the first or second offense. These false alarms are a massive drain
on Police Department resources. Our current ordinance and resolution does not allow for cost
recovery of the first and second offense. Staff recommends charging $25 for the first false alarm in a
12-month period to be waived if the resident attends an online alarm school and $50 for the second
occurrence. The third through fifth false alarm is proposed to decrease from $130-$200 to $75-150.
Staff also recommends adding a new false alarm fee for those without an alarm permit. These fees
would range from $250 to $1,000 for the first through forth occurrence. The first false alarm fee may
be waived if an alarm permit application is submitted along with the alarm permit fee within 10 days.
See Exhibit A of Resolution 2019-07 for the table of proposed fee changes.
The Police Department proposes a rewritten ordinance to expand the compliance of obtaining permit
information on residential and commercial burglary alarms, clearly define timelines for appeals and
the appeal process, and correcting nuisance alarms.
The ordinance also outlines an expectation to work with alarm installation, alarm monitoring
companies, residents and business owners to boost compliance on proper maintenance of alarm
systems, using an alarm system properly. The amending of the current Municipal Code is more
specific in seeking compliance in maintaining properly functioning alarm systems.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
1. Ordinance No. 4163, “An Ordinance of the City of Huntington Beach Repealing Chapter 5.56
of the Huntington Beach Municipal Code Relating to Burglar Alarms and Adding Back a Revised
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Chapter 5.56 Relating to the Regulation of Burglar Alarms”
2. Legislative Draft - Ordinance 4163
3. Resolution No. 2019-07, “A Resolution of the City Council of the City of Huntington Beach
Increasing Fees for Burglar Alarm Businesses and Alarm System Subscribers Collected by the
Police Department as Established Pursuant to Resolution No. 6656, and Incorporating the
Increased Fees Into the Consolidated Comprehensive Citywide Master Fee and Charges
Schedule as Established by Resolution No. 2016-59, and Amended by Resolution Nos. 2017-46,
2018-01, 2018-29, 2018-48, and 2018-55 (Supplemental Fee Resolution No. 8)”
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PD-10 Alarm permit application review/renewal (non sworn)$ 41 $ 41 100%
False Alarm Fee (with Permit)
PD-11 1st and 2nd false alarm (12 month period) [4]$ - Delete N/A
PD-11.1 1st false alarm in 12-month period (waived w/online alarm school) [4]N/A $ 25 N/A
PD-11.2 2nd false alarm in 12-month period [4]N/A $ 50 N/A
PD-12 3rd false alarm in 12-month period [4]$ 130 $ 75 N/A
PD-13 4th false alarm in 12-month period [4]$ 150 $ 100 N/A
PD-14 5th false alarm in 12-month period [4]$ 200 $ 150 N/A
PD-15 6th false alarm in 12-month period [4]$ 300 $ 300 N/A
PD-16 7th false alarm in 12-month period [4]$ 400 $ 400 N/A
PD-17 8th false alarm in 12-month period (plus non-response status)[4]$ 500 $ 500 N/A
False Alarm Fee (without Permit)
PD-17.1 1st false alarm (waived w/permit application within 10 days) New N/A $ 250 N/A
PD-17.2 2nd false alarm New N/A $ 250 N/A
PD-17.3 3rd false alarm New N/A $ 500 N/A
PD-17.4 4th false alarm (plus non-response status) New N/A $ 1,000 N/A
Notes
[4]Placeholder for Master Fee Schedule (MFS); Not included in cost analysis
Exhibit A
Police - User Fees
No. Fee Description Current Fee % Cost
Recovery
Recommended
Fee Level
461
City of Huntington Beach
File #:19-076 MEETING DATE:2/4/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Fred A. Wilson, City Manager
PREPARED BY:Robert Handy, Chief of Police
Subject:
Approve and authorize execution of a five-year contract for approximately $120,000 annually
to administer the False Alarm Reduction Program with PM AM Corporation
Statement of Issue:
False alarms in the City cause undue stress on Police Department resources making a robust False
Alarm Reduction Program necessary to improve staff deployment and cost recovery. Staff
recommends this contract based on research demonstrating improved efficiency, operational
effectiveness and cost recovery in many other cities utilizing an automated system to manage false
alarms. The Finance Commission voted to recommend the contract and the False Alarm Reduction
program on January 23, 2019.
Financial Impact:
The City will pay PM AM Corporation twenty percent (20%) of all revenues that PM AM collects in the
course of administering the false alarm reduction program. Staff conservatively estimates that
revenues for alarm permits and false alarm fines will increase by approximately $200,000 annually,
from $400,000 per year to $600,000 per year, based on improved enforcement of HBMC Chapter
5.56. The increase in revenues will offset the additional costs associated with this contract, and
should result in a net increase in revenues to the City. These revenues help offset the cost of
responding to false alarms.
In order to ensure that there is adequate time provided for technical implementation and for public
outreach, the contract will be effective July 1, 2019. Staff estimates that payments to PM AM
Corporation will be $120,000 in Fiscal Year 2019/20. Based on a revenue estimate of $600,000 per
year, the total estimated amount that will be paid to PM AM each year is $120,000 based on a 20%
revenue share. The amount paid to PM AM Corporation over a five-year contract period is $600,000.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute after Ordinance No. 4163 is effective the
“Contract For False Alarm Billing and Tracking Services” between the City of Huntington Beach and
PM AM Corporation for the administration of the False Alarm Reduction Program .
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Alternative Action(s):
Do not approve the contract and direct staff accordingly.
Analysis:
The Police Department intends to expand the current False Alarm Reduction Program. Currently,
there is an alarm permit system and false alarm billing program. The current ordinance and
methodology is antiquated and conducted in-house by City staff. Currently, a high percentage of
residents and businesses are out of compliance with permit requirements and many alarms have
repeat malfunctions causing false alarm responses by police personnel. A robust False Alarm
Program encourages compliance in obtaining alarm permits, reduces false alarms, and helps
educate alarm subscribers on how to minimize false alarms involving police responses. A more
automated and efficient system will allow Police Department resources to be redirected to other
essential duties and enhance cost recovery.
PM AM will provide comprehensive alarm administration and fee collection services through an
automated system. These services include web-based applications for consumers, educational
components for proper alarm use, and partnerships with alarm companies to ensure customers are
obtaining alarm permits. Currently, we utilize a more manual system that is labor intensive and does
not capture permit data from alarm providers, leaving many residents and business out of compliance
with our Municipal Code. The new system provided by PM AM will increase permit compliance and
help us decrease false alarms.
PM AM Corporation is an industry leader used by municipal police departments across the Country.
Staff located only two vendors capable of administering a program for the size of the City of
Huntington Beach. Staff spoke to personnel in other agencies who have experience with each
vendor and realized PM AM has the most viable product solution for the City based on our
technology infrastructure, and needs of the program. Therefore, staff is recommending the contract
with PM AM.
PM AM Corporation is being recommended through a 2017 interagency agreement with the City of
Merced to provide false alarm tracking and billing in Huntington Beach for a period of five years. As
provided in Huntington Beach Municipal Code 3.02.190, an interagency agreement is an agreement
for the procurement of goods and/or services through the use of a contract initiated by another
agency, which is for identical or nearly identical goods and/or services and resulted from a
competitive bid using methods similar to the methods provided in our Purchasing Code. PM AM
received the highest qualifications-based score and submitted the most competitive cost proposal in
the competitive bidding process. The proposed pricing is consistent with the interagency pricing.
Based on a revenue estimate of $120,000 per year, the total amount that will be paid to PM AM over
a five-year contract period is $600,000. Based on an analysis of the implementation of
comprehensive false alarm reduction programs in other cities, staff believes that the increase in
permit compliance will generate sufficient cost recovery revenue to offset the expenses paid to PM
AM to administer the program.
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File #:19-076 MEETING DATE:2/4/2019
Environmental Status:
Not applicable
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
1. Contract with PM AM.
2. City of Merced contract with PM AM.
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