HomeMy WebLinkAboutIntroduction of Ordinance No. 4252 Approving Zoning Text Ame CITY OF HUNTINGTON BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
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PLANNING ♦ BUILDING ♦ PERMIT CENTER ♦ ECONOMIC DEVELOPMENT ♦ HOUSING ♦ CODE ENFORCEMENT
NOTICE OF CITY COUNCIL ACTION
May 18, 2022
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
SUBJECT: ZONING TEXT AMENDMENT NO. 22-001 (MINOR ACCESSORY
STRUCTURES
APPLICANT: City of Huntington Beach
REQUEST: To amend Chapter 203 and Chapter 230 of the Huntington Beach Zoning and
Subdivision Ordinance relating to minor accessory structures. The Planning
Commission held a public hearing on this item on April 12, 2022, and
recommended approval to the City Council.
LOCATION: Citywide
DATE OF
ACTION: May 17, 2022
On Tuesday, May 17, 2022, the Huntington Beach City Council took action on your application and
approved Zoning Text Amendment No. 22-001 with findings for approval by adopting Ordinance No.
4252. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action
taken by the City Council is final.
Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby
notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If
you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally
barred from later challenging such action pursuant to Government Code §66020.
If you have any questions, please contact Tess Nguyen, the project planner, at tnguyen@surfcity-hb.org
or (714) 374-1744 or the Community Development Department Zoning Counter at (714) 536-5271.
Sincerely,
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Ursula Luna-Reynosa
Director of Community Development
ULR:TN:kdc
2000 Main Street ♦ Huntington Beach CA 92648-2702 ♦ www.huntingtonbeachca.gov
Notice of Action:ZTA 22-001
May 18,2022
Page 2
Attachments:
1. ZTA No. 22-001 Findings for Approval
2. ZTA No. 22-001 Ordinance No. 4252
c: Ursula Luna-Reynosa, Director of Community Development
Robin Estanislau, City Clerk
Tess Nguyen, Associate Planner
Property Owner
Project File
ATTACHMENT NO. 1
ZONING TEXT AMENDMENT NO. 22-001
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
Zoning Text Amendment No. 22-001 is categorically exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines
because there is no potential for the amendment to the Huntington Beach Zoning and
Subdivision Ordinance to have a significant effect on the environment.
FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 22-001:
1. Zoning Text Amendment No. 22-001 to amend Chapter 203 and Chapter 230 of the
Huntington Beach Zoning and Subdivision Ordinance relating to minor accessory structures
is consistent with the general land uses and policy of the General Plan as follows:
Policy LU-4C— Encourage and provide incentives for residential property owner to maintain
their homes and buildings.
The Zoning Text Amendment will provide homeowners more flexibility to have minor
accessory structures in their backyard to enhance the enjoyment of their property and meet
their storage needs.
2. Zoning Text Amendment No. 22-001 is compatible with the uses authorized in, and the
standards prescribed for, the zoning district for which it is proposed because it does not
propose any new land uses. In addition, minor accessory structures would still be within the
overall maximum height allowed for accessory structures.
3. A community need is demonstrated for the change proposed because property owners
would like more flexibility to have minor accessory structures in their backyard to enhance
the enjoyment of their property and meet their storage needs.
4. Its adoption will be in conformity with public convenience, general welfare, and good zoning
practice because the Zoning Text Amendment will give property owners more opportunities
to have minor accessory structures in their backyard while still maintaining compatibility with
nearby properties. Additionally, the proposed amendments would align the minor accessory
structure definition and location requirements with municipal code provisions for accessory
structures exempt from building permit requirements.
G:RCA\NOA\16\ZTA 16-002/Findings SOC Attachment 1.1
ORDINANCE NO. 4252
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 203 AND CHAPTER 230 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE RELATING TO MINOR ACCESSORY
STRUCTURES (ZONING TEXT AMENDMENT NO. 22-001)
WHEREAS, Zoning Text Amendment No. 22-001 will amend Chapter 203, and Chapter
230 of the Huntington Beach Zoning and Subdivision Ordinance, relating to Minor Accessory
Structures; and
The Huntington Beach Planning Commission and Huntington Beach City Council have
held separate, duly noticed public hearings to consider Zoning Text Amendment No. 22-001; and
After due consideration of the findings and recommendations of the Planning Commission
and all other evidence presented, the City Council finds that the aforesaid amendment is proper
and consistent with the General Plan;
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 203.06 of the Huntington Beach Zoning and Subdivision Ordinance
is hereby amended to read as follows:
203.06 Definitions
Structure,Minor Accessory. An accessory structure that does not exceed 120 square feet
in floor area and a height of ten feet, including storage sheds, pet shelters, playhouses,
pagodas, gazebos, and decorative elements.
SECTION 2. Section 230.08 of the Huntington Beach Zoning and Subdivision Ordinance
is hereby amended to read as follows:
For purposes of applying these provisions, accessory structures are inclusive of minor
accessory structures, except where separate provisions are provided in this section.
A. Timing. Accessory structures shall not be established or constructed prior to the start
of construction of a principal structure on a site, except that construction trailers may
be placed on a site at the time site clearance and grading begins and may remain on the
site only for the duration of construction.
B. Location. Except as provided in this section, accessory structures shall not occupy a
required front, side or street side yard or court.An accessory structure shall be set back
five feet from the rear property line except no setback is required for accessory
structures, excluding garages and carports, which abut an alley.
22-11143/278340
ORDINANCE NO. 4252
Minor accessory structures may be located within the front yard setback provided they do
not exceed 42 inches in height. Minor accessory structures may be located in required side
and rear yard setbacks provided:
1. The structure is located in the rear two-thirds of the lot;
2. A minimum five-foot clearance is maintained between said structure and the
dwelling if it is located in a required side yard;
3. Minor accessory structures over eight feet high shall be screened by a two foot high
lattice fence/wall extension above the six foot high fence/wall to protect views from
an adjacent property. The screening shall be provided by the property owner
installing the minor accessory structure; and
4. Rock formations shall be set back one foot from the side and/or rear property lines
for each foot of rock formation height, maximum five-foot setback required.
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C. Maximum Height. Fifteen feet, except a detached garage for a single-family or
multifamily dwelling may exceed the maximum height when it is designed to be
architecturally compatible with the main dwelling and does not include habitable floor
area.
2
ORDINANCE NO. 4252
D. Maximum Size in RL District. In an RL District,the total gross floor area of accessory
structures, including garages, more than four feet in height that are not attached to a
dwelling shall not exceed 600 square feet or 10% of lot area, whichever is more.
E. Patio Covers. A patio cover open on at least two sides and complying with all other
provisions of this subsection may be attached to a principal structure provided a five-
foot clearance to all property lines is maintained.
F. Decks. A deck 30 inches or less in height may be located in a required yard.
G. Separation. The distance between buildings on the same lot shall not be less than 10
feet. (3710-6/05, 4040-12/14)
SECTION 3. This Ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2022•
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
ATTEST: APPROVED AS TO FORM:
City Manager Director of Community Development
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City of Huntington Beach
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N o. 13 3 9 0 8 E ISSUING DEPARTMENT COPY
NEWMEYERNewmeyer& Dillion LLP
D I L L I O N rt 895 Dove Street
Fifth Floor
Newport Beach, CA 92660
949 854 7000
May 6, 2022 Gregory D. Tross
Greg.Tross@ndlf.com
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VIA E-MAIL AND PERSONAL DELIVERY
z Mc
Mayor Barbara Delgleize zcs4 -< raj
and Members of the City of Huntington Beach c-,
City Councila
C/O City Clerk Office
2000 Main Street > cn
Huntington Beach, CA 92648
Re: File No. 22-324 - Entitlement Plan Amendment No. 22-003 (7-Eleven Gas Station
and Convenience Store) — Appeal of Planning Commission Decision to City
Council
Dear Mayor Delgleize and Members of the City Council,
This office represents AF-GHBM, LLC ("Appellant"), owners of the real property
located at 16171 Beach Boulevard, Huntington Beach, California ("Property"). Appellant
hereby appeals the April 26, 2022 denial by the City of Huntington Beach ("City")
Planning Commission of Entitlement Plan Amendment No. 22-003. This letter presents
a preliminary statement of the grounds for this appeal. Appellant reserves the right to
amend and/or supplement its grounds for the appeal letter up to and at the time of the
City Council's hearing.
1. Appellant Information.
Appellant Name: AF-GHBM, LLC
Appellant Address: 2521 Fairmount Street,
Dallas, TX 75201
2. Summary of Reasons for Appeal.
(A) General Background on Project.
In 2019, Appellant's lessee, 7-Eleven, and its representative applied to the City to
demolish an existing auto repair building and construct a convenience store operating
24 hours per day with Type 20 (Off-Sale Beer and Wine) ABC license and an eight-
pump fueling station at the Property ("Project"). (Staff Report re Conditional Use Permit
Las Vegas I Newport Beach I Walnut Creek
newmeyerdillion.com
City of Huntington Beach
May 6, 2022
Page 2
No. 19-014.) Appellant representatives discussed the potential to pay in-lieu fees for
undergrounding utilities with City staff during the application process and the City was
willing to support that option. On or about January 28, 2020, the City's Planning
Commission voted to approve Conditional Use Permit No. 19-014 with conditions. One
of those conditions, No. 6(b), required:
"B. All existing overheard utilities that occur along the
project's westerly property line shall be under-grounded.
This includes the Southern California Edison (SCE) aerial
distribution lines (12kV) and poles (nos. 102601 NG and
1039478E) along the entire length of the westerly property
line of the subject project. This condition also applies to all
utilities, including but not limited to telephone, electric, and
Cable TV lines. If required, easements shall be quitclaimed
and/or new easements granted to the corresponding utility
companies."
Appellant did not become aware of this condition until three days after the appeal
period ended on Planning Commission's adoption of CUP No. 19-014. In February and
May 2020, Appellant's representatives met with City staff, regarding a request to pay a
fee in-lieu of performing the undergrounding, as is customary for this type of work. City
representatives remained open to the idea as a manner of satisfying the condition set
forth in CUP 19-014.
In March 2021, Appellant's representatives again met with City representatives to
discuss the mounting financial burden placed on them by Condition No. 6(b). At that
time, the City's representatives observed that City Council members were not inclined to
accept in-lieu fees for undergrounding of utilities.
In February 2022, the undergrounding work became so costly that Appellant was
forced to halt construction and seek a reprieve from the onerous condition. The work
completed already on the Property had far exceeded other in lieu fees developers paid
in the area. The table shows similar costs paid by developers for undergrounding
utilities at or near their property.
roject Developer n-Lieu Estimated uilding rontage mount mount per
Estimate mount F of UG quare ength r SF of F of UG
Required ootage uilding
-11 Retail 7012 8,140 120 ft. .200 sf 301 ft. 11.46 401.17
dinger
laze Marina 8,000 ft. .605 sf 264 ft. .56 181.82
1,6161 Springdale
-11 Retail 6012 1 72,000 353 ft. 3,400 sf
60 ft. 21.18 203.97
dinger
hase Bank 20001 6,000 0 ft. ,335 sf 40 ft. 19.84 195.45
rookhurst
each Medical 53,000 110 ft. 5.640 s1 64 ft. 1.49 481.82
uilding 17752-
7762 Beach
he Learning 189,530 0 ft. ,997 sf 60 ft. 18.96 379.06
xperience 17131
each
-11&Gas Station 562,751 00 ft. ,323 sf 84 ft. 242.25 2,813.76
6171 Beach
City of Huntington Beach
May 6, 2022
Page 3
Because it was becoming clear to Appellant that it could not satisfy the condition,
Appellant once again sought modification of Condition 6(b) from the Planning
Commission.
(B) The City's Undergrounding Condition Constitutes Results in
Disproportionate Burdens on Appellant.
In accordance with long-standing precedent, a city's imposed development
conditions must have an "essential nexus" that is roughly proportional to the impacts
attributable to the proposed development and. (See, e.g., Alliance for Responsible
Planning v. Taylor(2021) 63 Cal.App.5th 1072, 1085 ("Taylor") citing Dolan v. City of
Tigard(1994) 512 U.S. 374, 396; Koontz v. St. Johns River Water Management Dist.
(2013) 570 U.S. 595, 605-606.) The nexus requirement ensures that a city, in imposing
exactions to mitigate proposed development's impacts, does not leverage its legitimate
interest in mitigation to pursue governmental ends that lack a rough proportionality to
those impacts. (Koontz v. St. Johns River Water Management Dist., supra, 570 U.S. at
pp. 605-606.)
The court in Taylor dealt with similar conditions to the ones requested by the City
here. There a county established policies to condition development permits on the
developer's completion or construction of road improvements. The court noted that the
policies requested casted a wider net than the harm resulting from an individual project,
leaving both Nollan and Dolan factors lacking. (Alliance for Responsible Planning v.
Taylor, supra, 63 Cal.App.5th at p. 386.) The court also noted mitigation to complete
improvements to address those beyond the property owners exceeds the rough
proportionality standard. (Ibid.) Citing Dolan, the court noted the rough proportionality
required the government to make some sort of individualized determination that the
required dedication is related both in nature and extent to the impact of the proposed
development. (Ibid.)
The requirement to have one property owner bear the burden to underground
utilities that serve multiple properties along Beach Boulevard and Stark Avenue -- as
well as the community at large -- conflicts with the above standards. Put another way,
requiring the Appellant to underground these utilities is not roughly proportional to the
impact imposed by Appellant's development. Undergrounding these utilities is a public
initiative, not a private one to be borne by a single property owner. Nor has the City
proposed a development impact fee reimbursement arrangement whereby the City
reimburses Appellant for the underground work and obtains funds from future
development within the vicinity. Courts have noted that these arrangements -- when
undertaken correctly -- may meet the nexus standard. (Alliance for Responsible
Planning v. Taylor, supra, 63 Cal.App.5th at 806, citing Larson v. City and County of
San Francisco (2011) 192 Cal.AppAth 1263, 1250.)
City of Huntington Beach
May 6, 2022
Page 4
(C) The Planning Commission's Reasons for Denying Entitlement Plan
Amendment No. 22-003 Are Improper.
The Planning Commission's reasons for denial note that failure to underground
Beach Boulevard utilities would be detrimental to the "general welfare" of persons
working or residing in the vicinity. Such a finding reveals that the measure addresses
generalized matters of public concern, more than particularized impacts of a single 7-
Eleven store. (See, April 27, 2022 Notice of Action, p. 3.)
The Planning Commission also deemed that the removal of Condition No. 6(b)
would run aground of City General Plan Circulation Element Policy CIRC- 7(F).
However, that policy should not (and does not) apply to Appellant's Project. Initially,
CIRC-7(F) does not require undergrounding of utilities or similar project. While the
policy suggests a continued relocation of utilities underground or screening them, it
does not require the City to condition approval of a development on performing this
task. Furthermore, CIRC-7(F) applies to "scenic corridors." The Planning Commission
has made no findings or determinations that the utilities to be undergrounded would be
seen from a "scenic corridor." (See City General Plan, Circulation Element, p. 3-25.)
The fact that the City conditioned other projects on the undergrounding of utilities
does not bear on this issue. The majority of projects on or adjacent Beach Boulevard
appear to have addressed undergrounding through payment of an in lieu fee.
Apparently, the City has now closed its doors to that option. Even if other projects were
made to underground utilities, such a fact does not mean that Condition No 6(b) -- as
applied to Appellant's development -- is not overly burdensome and/or roughly
proportional to the impacts of Appellant's proposed development of the Property.
Applicable Title 20-25 provisions in the City's Zoning Code can still be met without
placing improper exactions on Appellant project.
3. CONCLUSION.
Based on the foregoing reasons, among others, Appellant respectfully requests
that the City Council revoke, rescind, or deem complete the performance of Condition
No. 6(b) in Conditional Use Permit 19-014. As noted, Appellant reserves the right to
amend or supplement this appeal letter to up and at the City Council's hearing on this
matter.
Should you have any questions, I will be available for discussion at the hearing or
at the e-mail address above.
Very truly yours,
Greg Tross
,
- 2000 Main Street,
Huntington Beach,CA
City of Huntington Beach 92648
/I Dapna v
File #: 22-453 MEETING DATE: 6/7/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
VIA: Ursula Luna-Reynosa, Director of Community Development
PREPARED BY: Tess Nguyen, Associate Planner
Subject:
Adopt Ordinance No. 4252 approving Zoning Text Amendment No. 22-001 amending
development standards for minor accessory structures
Approved for introduction May 17, 2022 - Vote: 7-0
Statement of Issue:
Ordinance No 4252 approved for introduction on May 17, 2022, requires adoption.
Financial Impact:
Not applicable.
City Council Recommended Action:
Approve Zoning Text Amendment No. 22-001 with findings (Attachment No. 1) by adopting Ordinance
No. 4252, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 203
and Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Minor
Accessory Structures (Zoning Text Amendment No. 22-001)" (Attachment No. 2).
Alternative Action(s):
The City Council may make the following alternative motions:
A) Approve the Planning Commission's recommended action with staff's suggested modifications.
B) Do not approve Zoning Text Amendment No. 22-001.
C) Continue Zoning Text Amendment No. 22-001 and direct staff accordingly.
Analysis:
A. PROJECT PROPOSAL:
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File #: 22-453 MEETING DATE: 6/7/2022
ZTA No. 22-001 is a City-initiated request to amend Section 203.06 (Definitions) and Section
230.08 (Accessory Structures) of the HBZSO to allow minor accessory structures that do not
exceed 120 sq. ft. in floor area and 10 ft. in height to be located in the required side and rear yard
setbacks in the rear two-thirds of the lot. The ZTA also requires a 5 ft. clearance between the
structure and the house if located in a required side yard with proper screening.
B. BACKGROUND:
Code Enforcement has 31 active cases involving storage sheds in residential backyards that are
located next to property lines in required setback areas. These storage sheds range in height
from 7 ft. to 15 ft. The Zoning Code only allows minor accessory structures up to 64 sq. ft. in
floor area, 80 sq. ft. in roof area, and 6 ft. in height in the side and rear yard setback. In a typical
6,000 sq. ft. single-family lot in the Residential Low Density Zone, accessory structures that
exceed these limits are not allowed in the required 15 ft. front, 5 ft. side, 10 ft. street side, and 5 ft.
rear setbacks.
The volume of code enforcement cases related to this issue and requests by property owners has
caused staff to re-examine the requirements for accessory structures. Per the California Building
Code (CBC), detached accessory structures, such as storage sheds, playhouses, pagodas, etc.
that do not exceed 120 sq. ft. in floor area do not require a building permit; however, they need to
comply with height and setback requirements in the Zoning Code. Through research of the types
of storage sheds that are available for sale at home improvement retailers, some of the best-
selling storage sheds are 120 sq. ft. or less in area and 8 ft. in height.
The proposed ZTA is intended to exempt the most commonly purchased storage sheds that do
not require a building permit from having to comply with setback requirements by specifying the
size, height, and location of allowable minor accessory structures.
C. PLANNING COMMISSION MEETING AND RECOMMENDATION:
On April 12, 2022, the Planning Commission held a public hearing on ZTA No. 22-001. There
were three written public comments and three public speakers at the meeting. The Planning
Commission had a general discussion about the following:
- grandfathering of existing non-conforming accessory structures
- rationale for recommending a maximum height of 8 feet
- heights and sizes for structures available for sale at home improvement retailers
- how code enforcement complaints are received
- screening of accessory structures if they exceed the height of adjacent walls/fences
- separation requirement of accessory structures from the house
- compatibility of accessory structures with adjacent properties
- informing residents regarding height and setback requirements for accessory structures
The Planning Commission recommended approval of the request to the City Council with
changes to staffs recommendation.
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File #: 22-453 MEETING DATE: 6/7/2022
Planninq Commission Action on April 12, 2022:
A motion made by Rodriguez and seconded by Ray to recommend to the City Council approval of
ZTA No. 22-001 with modifications carried by the following vote:
AYES: Adam, Rodriguez, Acosta-Galvan, Scandura, Ray
NOES: Mandic
ABSTAIN: None
ABSENT: Perkins
MOTION PASSED
D. STAFF ANALYSIS:
The April 12, 2022, Planning Commission staff report provides a more detailed description and
analysis of the proposed ZTA (Attachment No. 4).
The Planning Commission modified the amendments to the HBZSO proposed by staff during the
meeting.
Below is the Planning Commission's recommendation:
Structure, Minor Accessory. An accessory structure that does not exceed 120 square
feet in floor area and a height of ten feet, including storage sheds, pet shelters,
playhouses, pagodas, gazeboes, and decorative elements.
Minor accessory structures may be located within the front yard setback provided they do
not exceed 42 inches in height. Minor accessory structures may be located in required
side and rear yard setbacks provided:
1. The structure is located in the rear two-thirds of the lot,
2. A minimum five-foot clearance is maintained between said structure and the
dwelling if it is located in a required side yard,
3. Minor accessory structures over 8 ft high shall be screened by a 2 ft.-high lattice
fence/wall extension above the 6 ft.-high fence/wall to protect views from an
adacent property. The screening shall be provided by the property owner
installing the minor accessory structure; and
4. Rock formations shall be set back one foot from the side and/or rear property
lines for each foot of rock formation height, maximum five-foot setback required.
Staff agrees with the majority of the Planning Commission's recommendations, except for the
maximum height of a minor accessory structure. Although the Planning Commission approved
minor accessory structures to include taller buildings up to 10 feet, staff maintains a
recommendation of eight feet maximum, which is consistent with the maximum height of the
required screening wall. Additionally, property owners would still have the ability to construct
accessory structures at a height of up to 15 feet provided they comply with setback requirements.
As such, staff is recommending approval of the Planning Commission's recommendation with
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File #: 22-453 MEETING DATE: 6/7/2022
suggested modifications.
Below is staff's recommendation:
Structure, Minor Accessory. An accessory structure that does not exceed 120 square
feet in floor area and a height of eight feet, including storage sheds, pet shelters,
playhouses, pagodas, gazeboes, and decorative elements.
Minor accessory structures may be located within the front yard setback provided they do
not exceed 42 inches in height. Minor accessory structures may be located in required
side and rear yard setbacks provided:
1. The structure is located in the rear two-thirds of the lot,
2. A minimum five-foot clearance is maintained between said structure and the
dwelling if it is located in a required side yard;
3. Minor accessory structures over 6 ft. high shall be screened to the top of the
structure by a_2.ft.-high lattice fence/wall extension,--to-protect views from an
adjacent property. The screening shall be-Pro d by the property owner
installing the minor accessory structure; and
4. Rock formations shall be set back one foot from the side and/or rear property
lines for each foot of rock formation height, maximum five-foot setback required.
The following table identifies the differences in the Planning Commission and staff
recommendations as well as related relevant standards.
Standard Planning Commission Staff recommendation
recommendation
Minor accessory structure maximum 10 feet 8 feet
height
Minor accessory structure maximum size 120 square feet 120 square feet
Maximum residential wall height* 8 feet overall (6 foot wall plus 8 feet overall (6 foot wall plus
an allowable 2 foot lattice an allowable 2 foot lattice
extension) extension)
Height of minor accessory structure Over 8 feet Over 6 feet
triggering two-foot lattice extension
requirement
*No change to existing standard proposed as part of ZTA No. 22-001
E. SUMMARY:
In summary, staff and the Planning Commission recommend approval of the ZTA based on the
following reasons, which would apply if the City Council approves the Planning Commission's
recommendation or staffs recommended modifications:
1. It is consistent with the general land uses and policy of the General Plan.
2. It provides property owners with more flexibility to have minor accessory structures in
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File #: 22-453 MEETING DATE: 6/7/2022
their backyard to enhance the enjoyment of their property while still maintaining
compatibility with nearby properties.
Environmental Status:
ZTA No. 22-001 is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15601(b)(3) (General Rule) of the CEQA Guidelines because there is no
potential for the amendment to the Huntington Beach Zoning and Subdivision Ordinance to have a
significant effect on the environment.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Suggested Findings of Approval of ZTA No. 22-001
2. Ordinance No. 4252
3. ZTA No. 22-001 Legislative Draft
4. April 12, 2022 Planning Commission Staff Report
5. PowerPoint Presentation
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ORDINANCE NO. 4252
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 203 AND CHAPTER 230 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE RELATING TO MINOR ACCESSORY
STRUCTURES (ZONING TEXT AMENDMENT NO. 22-001)
WHEREAS, Zoning Text Amendment No. 22-001 will amend Chapter 203, and Chapter
230 of the Huntington Beach Zoning and Subdivision Ordinance, relating to Minor Accessory
Structures; and
The Huntington Beach Planning Commission and Huntington Beach City Council have
held separate, duly noticed public hearings to consider Zoning Text Amendment No. 22-001; and
After due consideration of the findings and recommendations of the Planning Commission
and all other evidence presented, the City Council finds that the aforesaid amendment is proper
and consistent with the General Plan;
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 203.06 of the Huntington Beach Zoning and Subdivision Ordinance
is hereby amended to read as follows:
203.06 Definitions
Structure, Minor Accessory. An accessory structure that does not exceed 120 square feet
in floor area and a height of ten feet, including storage sheds, pet shelters, playhouses,
pagodas, gazebos, and decorative elements.
SECTION 2. Section 230.08 of the Huntington Beach Zoning and Subdivision Ordinance
is hereby amended to read as follows:
For purposes of applying these provisions, accessory structures are inclusive of minor
accessory structures, except where separate provisions are provided in this section.
A. Timing. Accessory structures shall not be established or constructed prior to the start
of construction of a principal structure on a site, except that construction trailers may
be placed on a site at the time site clearance and grading begins and may remain on the
site only for the duration of construction.
B. Location. Except as provided in this section, accessory structures shall not occupy a
required front, side or street side yard or court. An accessory structure shall be set back
five feet from the rear property line except no setback is required for accessory
structures, excluding garages and carports, which abut an alley.
22-11143/278340
ORDINANCE NO. 4252
Minor accessory structures may be located within the front yard setback provided they do
not exceed 42 inches in height. Minor accessory structures may be located in required side
and rear yard setbacks provided:
1. The structure is located in the rear two-thirds of the lot;
2. A minimum five-foot clearance is maintained between said structure and the
dwelling if it is located in a required side yard;
3. Minor accessory structures over eight feet high shall be screened by a two foot high
lattice fence/wall extension above the six foot high fence/wall to protect views from
an adjacent property. The screening shall be provided by the property owner
installing the minor accessory structure; and
4. Rock formations shall be set back one foot from the side and/or rear property lines
for each foot of rock formation height, maximum five-foot setback required.
04
,7" c
r-
C. Maximum Height. Fifteen feet, except a detached garage for a single-family or
multifamily dwelling may exceed the maximum height when it is designed to be
architecturally compatible with the main dwelling and does not include habitable floor
area.
2
ORDINANCE NO. 4252
D. Maximum Size in RL District.In an RL District,the total gross floor area of accessory
structures, including garages, more than four feet in height that are not attached to a
dwelling shall not exceed 600 square feet or 10% of lot area, whichever is more.
E. Patio Covers. A patio cover open on at least two sides and complying with all other
provisions of this subsection may be attached to a principal structure provided a five-
foot clearance to all property lines is maintained.
F. Decks. A deck 30 inches or less in height may be located in a required yard.
G. Separation. The distance between buildings on the same lot shall not be less than 10
feet. (3710-6/05, 4040-12/14)
SECTION 3. This Ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the ZIA, day of %_,7�4n.-eJ , 2022•
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk rty Attorney , r
ATTEST: APPROVED AS TO FORM:
V`
City Nanager Director of Community Development
3
Ord. No. 4252
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven;that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on May 17, 2022,and was again read to said City
Council at a Regular meeting thereof held on June 7,2022, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on June 16,2022.
In accordance with the City Charter of said City.
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
TW��u�QN
- 200 Main treet,
Huntington Beach,CA
92648
_ City of Huntington Beach
File #: 22-361 MEETING DATE: 5/17/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
VIA: Ursula Luna-Reynosa, Director of Community Development
PREPARED BY: Tess Nguyen, Associate Planner
Subject:
Approve for introduction Ordinance No. 4252 approving Zoning Text Amendment No. 22-001
amending development standards for minor accessory structures
Statement of Issue:
The proposed Zoning Text Amendment (ZTA) would amend Chapter 203 (Definitions) and Chapter
230 (Site Standards) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) relating to
minor accessory structures. On April 12, 2022, the Planning Commission held a public hearing to
consider the proposed ZTA. The Planning Commission and staff recommend approval of the ZTA
with some minor differences as detailed in the Analysis section of this report.
Financial Impact:
Not applicable.
City Council Recommended Action:
A) Find that Zoning Text Amendment No. 22-001 is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15601(b)(3) (General Rule) of the CEQA
Guidelines, because there is no potential for the amendment to the Huntington Beach Zoning and
Subdivision Ordinance to have a significant effect on the environment; and,
B) Approve Zoning Text Amendment No. 22-001 with findings (Attachment No. 1) by approving
introduction of City Council Ordinance No. 4252, "An Ordinance of the City Council of the City of
Huntington Beach Amending Chapter 203 and Chapter 230 of the Huntington Beach Zoning and
Subdivision Ordinance Relating to Minor Accessory Structures (Zoning Text Amendment No. 22-
001)" (Attachment No. 2).
Alternative Action(s):
The City Council may make the following alternative motions:
A) Approve the Planning Commission's recommended action with staff's suggested modifications.
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File #: 22-361 MEETING DATE: 5/17/2022
B) Do not approve Zoning Text Amendment No. 22-001.
C) Continue Zoning Text Amendment No. 22-001 and direct staff accordingly.
Analysis:
A. PROJECT PROPOSAL:
ZTA No. 22-001 is a City-initiated request to amend Section 203.06 (Definitions) and Section
230.08 (Accessory Structures) of the HBZSO to allow minor accessory structures that do not
exceed 120 sq. ft. in floor area and 10 ft. in height to be located in the required side and rear yard
setbacks in the rear two-thirds of the lot. The ZTA also requires a 5 ft. clearance between the
structure and the house if located in a required side yard with proper screening.
B. BACKGROUND:
Code Enforcement has 31 active cases involving storage sheds in residential backyards that are
located next to property lines in required setback areas. These storage sheds range in height
from 7 ft. to 15 ft. The Zoning Code only allows minor accessory structures up to 64 sq. ft. in
floor area, 80 sq. ft. in roof area, and 6 ft. in height in the side and rear yard setback. In a typical
6,000 sq. ft. single-family lot in the Residential Low Density Zone, accessory structures that
exceed these limits are not allowed in the required 15 ft. front, 5 ft. side, 10 ft. street side, and 5 ft.
rear setbacks.
The volume of code enforcement cases related to this issue and requests by property owners has
caused staff to re-examine the requirements for accessory structures. Per the California Building
Code (CBC), detached accessory structures, such as storage sheds, playhouses, pagodas, etc.
that do not exceed 120 sq. ft. in floor area do not require a building permit; however, they need to
comply with height and setback requirements in the Zoning Code. Through research of the types
of storage sheds that are available for sale at home improvement retailers, some of the best-
selling storage sheds are 120 sq. ft. or less in area and 8 ft. in height.
The proposed ZTA is intended to exempt the most commonly purchased storage sheds that do
not require a building permit from having to comply with setback requirements by specifying the
size, height, and location of allowable minor accessory structures.
C. PLANNING COMMISSION MEETING AND RECOMMENDATION:
On April 12, 2022, the Planning Commission held a public hearing on ZTA No. 22-001. There
were three written public comments and three public speakers at the meeting. The Planning
Commission had a general discussion about the following:
— grandfathering of existing non-conforming accessory structures
— rationale for recommending a maximum height of 8 feet
— heights and sizes for structures available for sale at home improvement retailers
— how code enforcement complaints are received
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File #: 22-361 MEETING DATE: 5/17/2022
- screening of accessory structures if they exceed the height of adjacent walls/fences
- separation requirement of accessory structures from the house
- compatibility of accessory structures with adjacent properties
- informing residents regarding height and setback requirements for accessory structures
The Planning Commission recommended approval of the request to the City Council with
changes to staffs recommendation.
Planning Commission Action on April 12, 2022:
A motion made by Rodriguez and seconded by Ray to recommend to the City Council approval of
ZTA No. 22-001 with modifications carried by the following vote:
AYES: Adam, Rodriguez, Acosta-Galvan, Scandura, Ray
NOES: Mandic
ABSTAIN: None
ABSENT: Perkins
MOTION PASSED
D. STAFF ANALYSIS:
The April 12, 2022, Planning Commission staff report provides a more detailed description and
analysis of the proposed ZTA (Attachment No. 4).
The Planning Commission modified the amendments to the HBZSO proposed by staff during the
meeting.
Below is the Planning Commission's recommendation:
Structure, Minor Accessory. An accessory structure that does not exceed 120 square
feet in floor area and a height of ten feet, including storage sheds, pet shelters,
playhouses, pagodas, gazeboes, and decorative elements.
Minor accessory structures may be located within the front yard setback provided they do
not exceed 42 inches in height. Minor accessory structures may be located in required
side and rear yard setbacks provided:
1. The structure is located in the rear two-thirds of the lot;
2. A minimum five-foot clearance is maintained between said structure and the
dwelling if it is located in a required side yard,
3. Minor accessory structures over 8 ft. high shall be screened by a 2 ft.-high lattice
fence/wall extension above the 6 ft.-high fence/wall to protect views from an
adjacent property. The screening shall be provided by the property owner
installing the minor accessory structure; and
4. Rock formations shall be set back one foot from the side and/or rear property
lines for each foot of rock formation height, maximum five-foot setback required.
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File #: 22-361 MEETING DATE: 5/17/2022
Staff agrees with the majority of the Planning Commission's recommendations, except for the
maximum height of a minor accessory structure. Although the Planning Commission approved
minor accessory structures to include taller buildings up to 10 feet, staff maintains a
recommendation of eight feet maximum, which is consistent with the maximum height of the
required screening wall. Additionally, property owners would still have the ability to construct
accessory structures at a height of up to 15 feet provided they comply with setback requirements.
As such, staff is recommending approval of the Planning Commission's recommendation with
suggested modifications.
Below is staff's recommendation:
Structure, Minor Accessory. An accessory structure that does not exceed 120 square
feet in floor area and a height of eight feet, including storage sheds, pet shelters,
playhouses, pagodas, gazeboes, and decorative elements.
Minor accessory structures may be located within the front yard setback provided they do
not exceed 42 inches in height. Minor accessory structures may be located in required
side and rear yard setbacks provided:
1. The structure is located in the rear two-thirds of the lot;
2. A minimum five-foot clearance is maintained between said structure and the
dwelling if it is located in a required side yard,
3. Minor accessory structures over 6 ft. high shall be screened to the top of the
structure by a 2 ft.-high lattice fence/wall extension to protect views from an
adjacent property. The screening shall be Provided by the property owner
installing the minor accessory structure; and
4. Rock formations shall be set back one foot from the side and/or rear property
lines for each foot of rock formation height, maximum five-foot setback required.
The following table identifies the differences in the Planning Commission and staff
recommendations as well as related relevant standards.
Standard Planning Commission Staff recommendation
recommendation
Minor accessory structure maximum 10 feet 8 feet
height
Minor accessory structure maximum size 120 square feet 120 square feet
Maximum residential wall height* 8 feet overall (6 foot wall plus 8 feet overall (6 foot wall plus
an allowable 2 foot lattice an allowable 2 foot lattice
extension) extension)
Height of minor accessory structure Over 8 feet Over 6 feet
triggering two-foot lattice extension
requirement
*No change to existing standard proposed as part of ZTA No. 22-001
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File #: 22-361 MEETING DATE: 5/17/2022
E. SUMMARY:
In summary, staff and the Planning Commission recommend approval of the ZTA based on the
following reasons, which would apply if the City Council approves the Planning Commission's
recommendation or staffs recommended modifications:
1. It is consistent with the general land uses and policy of the General Plan.
2. It provides property owners with more flexibility to have minor accessory structures in
their backyard to enhance the enjoyment of their property while still maintaining
compatibility with nearby properties.
Environmental Status:
ZTA No. 22-001 is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15601(b)(3) (General Rule) of the CEQA Guidelines because there is no
potential for the amendment to the Huntington Beach Zoning and Subdivision Ordinance to have a
significant effect on the environment.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Suggested Findings of Approval of ZTA No. 22-001
2. Ordinance No. 4252
3. ZTA No. 22-001 Legislative Draft
4. April 12, 2022 Planning Commission Staff Report
5. PowerPoint Presentation
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ATTACHMENT NO. 1
SUGGESTED FINDINGS OF APPROVAL
ZONING TEXT AMENDMENT NO. 22-001
SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
Zoning Text Amendment No. 22-001 is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the
CEQA Guidelines because there is no potential for the amendment to the Huntington
Beach Zoning and Subdivision Ordinance to have a significant effect on the environment.
SUGGESTED FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 22-001:
1. Zoning Text Amendment No. 22-001 to amend Chapter 203 and Chapter 230 of the
Huntington Beach Zoning and Subdivision Ordinance relating to minor accessory
structures is consistent with the general land uses and policy of the General Plan as
follows:
Policy LU-4C — Encourage and provide incentives for residential property owner to
maintain their homes and buildings.
The Zoning Text Amendment will provide homeowners more flexibility to have minor
accessory structures in their backyard to enhance the enjoyment of their property and
meet their storage needs.
2. Zoning Text Amendment No. 22-001 is compatible with the uses authorized in, and
the standards prescribed for, the zoning district for which it is proposed because it
does not propose any new land uses. In addition, minor accessory structures would
still be within the overall maximum height allowed for accessory structures.
3. A community need is demonstrated for the change proposed because property owners
would like more flexibility to have minor accessory structures in their backyard to
enhance the enjoyment of their property and meet their storage needs.
4. Its adoption will be in conformity with public convenience, general welfare, and good
zoning practice because the Zoning Text Amendment will give property owners more
opportunities to have minor accessory structures in their backyard while still
maintaining compatibility with nearby properties. Additionally, the proposed
amendments would align the minor accessory structure definition and location
requirements with municipal code provisions for accessory structures exempt from
building permit requirements.
367 Attachment No. 1.1
ORDINANCE NO. 4252
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 203 AND CHAPTER 230 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE RELATING TO MINOR ACCESSORY
STRUCTURES (ZONING TEXT AMENDMENT NO. 22-001)
WHEREAS, Zoning Text Amendment No. 22-001 will amend Chapter 203, and Chapter
230 of the Huntington Beach Zoning and Subdivision Ordinance, relating to Minor Accessory
Structures; and
The Huntington Beach Planning Commission and Huntington Beach City Council have
held separate, duly noticed public hearings to consider Zoning Text Amendment No. 22-001; and
After due consideration of the findings and recommendations of the Planning Commission
and all other evidence presented, the City Council finds that the aforesaid amendment is proper
and consistent with the General Plan;
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 203.06 of the Huntington Beach Zoning and Subdivision Ordinance
is hereby amended to read as follows:
203.06 Definitions
Structure,Minor Accessory. An accessory structure that does not exceed 120 square feet
in floor area and a height of ten feet, including storage sheds, pet shelters, playhouses,
pagodas, gazebos, and decorative elements.
SECTION 2. Section 230.08 of the Huntington Beach Zoning and Subdivision Ordinance
is hereby amended to read as follows:
For purposes of applying these provisions, accessory structures are inclusive of minor
accessory structures, except where separate provisions are provided in this section.
A. Timing. Accessory structures shall not be established or constructed prior to the start
of construction of a principal structure on a site, except that construction trailers may
be placed on a site at the time site clearance and grading begins and may remain on the
site only for the duration of construction.
B. Location. Except as provided in this section, accessory structures shall not occupy a
required front, side or street side yard or court. An accessory structure shall be set back
five feet from the rear property line except no setback is required for accessory
structures, excluding garages and carports, which abut an alley.
22-11143/278340
ORDINANCE NO. 4252
Minor accessory structures may be located within the front yard setback provided they do
not exceed 42 inches in height. Minor accessory structures may be located in required side
and rear yard setbacks provided:
l. The structure is located in the rear two-thirds of the lot;
2. A minimum five-foot clearance is maintained between said structure and the
dwelling if it is located in a required side yard;
3. Minor accessory structures over eight feet high shall be screened by a two foot high
lattice fence/wall extension above the six foot high fence/wall to protect views from
an adjacent property. The screening shall be provided by the property owner
installing the minor accessory structure; and
4. Rock formations shall be set back one foot from the side and/or rear property lines
for each foot of rock formation height, maximum five-foot setback required.
r
s- f
C. Maximum Height. Fifteen feet, except a detached garage for a single-family or
multifamily dwelling may exceed the maximum height when it is designed to be
architecturally compatible with the main dwelling and does not include habitable floor
area.
2
ORDINANCE NO. 4252
D. Maximum Size in RL District. In an RL District,the total gross floor area of accessory
structures, including garages, more than four feet in height that are not attached to a
dwelling shall not exceed 600 square feet or 10% of lot area, whichever is more.
E. Patio Covers. A patio cover open on at least two sides and complying with all other
provisions of this subsection may be attached to a principal structure provided a five-
foot clearance to all property lines is maintained.
F. Decks. A deck 30 inches or less in height may be located in a required yard.
G. Separation. The distance between buildings on the same lot shall not be less than 10
feet. (3710-6/05, 4040-12/14)
SECTION 3. This Ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2022.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk ity Attorney
ATTEST: APPROVED AS TO FORM:
�AJ\A""-L LD-u----
City anager Director of Community Development
3
LEGISLATIVE DRAFT
HBZSO CHAPTER 203
203.06 Definitions
Structure,Minor Accessory.An accessory structure that does not exceed 64 120 square feet in floor
area, 80 squar-e feet i -ea f are and a height of si*ten feet, including storage sheds,pet shelters,
playhouses,pagodas, gazebos, and decorative elements.
371
LEGISLATIVE DRAFT
HBZSO CHAPTER 230
230.08 Accessory Structures
For purposes of applying these provisions, accessory structures are inclusive of minor accessory
structures,except where separate provisions are provided in this section.
A. Timing. Accessory structures shall not be established or constructed prior to the start of construction
of a principal structure on a site, except that construction trailers may be placed on a site at the time site
clearance and grading begins and may remain on the site only for the duration of construction.
B. Location. Except as provided in this section, accessory structures shall not occupy a required front,
side or street side yard or court.An accessory structure shall be set back five feet from the rear property
line except no setback is required for accessory structures,excluding garages and carports,which abut an
alley.
stfueture is leea4ed in the rear-twe thirds of the!at a-ad a minimum five feet el .ntaine
betweeft said stfuetur-e and dwelling if it is loeated in the required side yar-d. Miner aeeessary stfuetures
thal are deeefative sueh as landseape gar-den walls,fire pits,fieestanding bar-beettes4ireplaees,Miner aeeessei-j,str-ue4ures may be leeated in r-equifed side and rear yafd setbaeks provided that the
and fountains...:'J ...,.e................:j:........ o.,the Ncvpvcty prvr-ivczr.
front yard
an
1. They do not exeeed six feet in height or exeeed 42 inehes in height when leeated within t
2. A minipaum five feet eleafanee is maintained be een said str-uetur-e and the dwelling if it-i-S
lee ted; o red side. . ..a. rl
..,.....w..,,.aa,vy uiavu oiuv�-arca�ci3icc
3. RE)&fermations shall be set baek one feet fFam the side and/or rear pfepeFty lines for eaeb fee
of reek 4;,..,i do height,mwEifnufn five & t s th kr-equired.
Minor accessory structures may be located within the front yard setback provided they do not exceed 42
inches in height. Minor accessorT structures may be located in required side and rear yard setbacks
provided:
l. The structure is located in the rear two-thirds of the lot
2. A minimum five-foot clearance is maintained between said structure and the dwelling
located in a required side yard-
3. Minor accessory structures over eight feet high shall be screened by a two foot high lattice
fence/wall extension above the six foot high fence/wall to protect views from an ad'a� c�perty
The screening shall be provided by the property owner installing the minor accessory structure*
and
4. Rock formations shall be set back one foot from the side and/or rear property lines for each foot
of rock formation height,maximum five-foot setback required
372
� � t
� f
C. Maximum Height. Fifteen feet, except a detached garage for a single-family or multifamily
dwelling may exceed the maximum height when it is designed to be architecturally compatible with the
main dwelling and does not include habitable floor area.
D. Maximum Size in RL District. In an RL District,the total gross floor area of accessory structures,
including garages, more than four feet in height that are not attached to a dwelling shall not exceed 600
square feet or 10%of lot area, whichever is more.
E. Patio Covers. A patio cover open on at least two sides and complying with all other provisions of
this subsection may be attached to a principal structure provided a five-foot clearance to all property lines
is maintained.
F. Decks.A deck 30 inches or less in height may be located in a required yard.
G. Separation.The distance between buildings on the same lot shall not be less than 10 feet.
373
2000 Main Street,
Huntington Beach, CA
92648
r
City of Huntington Beach
File #: 22-248 MEETING DATE: 4/12/2022
PLANNING COMMISSION STAFF REPORT
TO: Planning Commission
FROM: Ursula Luna-Reynosa, Director of Community Development
BY: Tess Nguyen, Associate Planner
SUBJECT:
ZONING TEXT AMENDMENT NO. 22-001 (MINOR ACCESSORY STRUCTURES)
REQUEST:
To amend Chapter 203 and Chapter 230 of the Huntington Beach Zoning and
Subdivision Ordinance (HBZSO) relating to minor accessory structures.
LOCATION:
Citywide
APPLICANT:
City of Huntington Beach
PROPERTY
OWNER:
Various
BUSINESS
OWNER:
Not applicable
STATEMENT OF ISSUE:
1. Does the project satisfy all the findings required for approval of a Zoning Text Amendment?
2. Has the appropriate level of environmental analysis been determined?
RECOMMENDATION:
That the Planning Commission take the following actions:
A) Find that Zoning Text Amendment (ZTA) No. 22-001 is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA
Guidelines because there is no potential for the amendment to the Huntington Beach Zoning and
Subdivision Ordinance to have a significant effect on the environment.
City of Huntington Beach Page 1 of 5 Printed on 4/7/2022
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File #: 22-248 MEETING DATE: 4/12/2022
B) Recommend approval of Zoning Text Amendment No. 22-001 with findings (Attachment No. 1)
by approving draft City Council Ordinance No. 4252 and forward to the City Council for
consideration.
ALTERNATIVE ACTION(S):
A) Do not recommend approval of Zoning Text Amendment No. 22-001 to the City Council.
B) Continue Zoning Text Amendment No. 22-001 and direct staff according.
PROJECT PROPOSAL:
Currently, there are 31 active code enforcement cases involving storage sheds in residential
backyards that are located next to property lines in required setback areas. These storage sheds
range in height from 7 ft. to 15 ft. The current Zoning Code only allows minor accessory structures,
such as storage sheds, up to 64 sq. ft. in floor area, 80 sq. ft. in roof area, and a height of 6 ft. to be
in the required side and rear yard setback. For a typical 6,000 sq. ft. single-family residential lot in
the Residential Low Density Zone, accessory structures that exceed these limits are not allowed in a
required 15 ft. front, 5 ft. side, 10 ft. street side, and 5 ft. rear setbacks.
Because of the number of code enforcement cases and requests by property owners, staff is re-
examining the requirements for accessory structures. Pursuant to the Huntington Beach Municipal
Code (HBMC), detached accessory structures, such as storage sheds, playhouses, pagodas and
similar uses that do not exceed 120 sq. ft. in floor area do not require a building permit but they need
to comply with height and setback requirements in the Zoning Code. Through research of the types
of storage sheds that are available for sale at home improvement retailers, some of the best-selling
storage sheds are 120 sq. ft. or less in area and 8 ft. in height. Based on this information, the
Planning Commission is being asked to review if minor accessory structures like storage sheds up to
120 sq. ft. in area, up to 8 ft. in height, should be allowed next to side and rear property lines without
required setbacks.
Zoning Text Amendment No. 22-001 is a City-initiated request to amend Section 203.06 (Definitions)
and Section 230.08 (Accessory Structures) of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO) to allow minor accessory structures that do not exceed 120 sq. ft. in floor area
and 8 ft. in height to be located in required side and rear yard setbacks in the rear two-thirds of the lot
and maintain a 5 ft. clearance between the structure and the house if located in a required side yard.
The proposed Zoning Text Amendment is intended to exempt the most commonly purchased storage
sheds that do not require a building permit from having to comply with setback requirements by
specifying the size, height, and location of allowable minor accessory structures.
ISSUES AND ANALYSIS:
General Plan Conformance:
The Zoning Text Amendment is consistent with the Land use Element policy of the General Plan as
follows:
Policy LU-4C - Encourage and provide incentives for residential property owner to maintain their
homes and buildings.
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File #: 22-248 MEETING DATE: 4/12/2022
The Zoning Text Amendment will provide homeowners more flexibility to have minor accessory
structures in their backyard to enhance the enjoyment of their property and meet their storage
needs.
Zonin_g Compliance:
Zoning Text Amendment
Zoning Text Amendment No. 22-001 includes the following amendments to the HBZSO (Attachment
Nos. 2 and 3)
1. HBZSO Section 203.06 Definitions
Structure, Minor Accessory. An accessory structure that does not exceed 04 120 square feet in
floor area; 80 square feet+n reef area and a height of&AE eight feet, including but not limited to
storage sheds, pet shelters, playhouses, pa_-godas, _-ggazebos, and decorative elements.
Minor accessory structures are currently defined in the HBZSO as a structure that does not exceed
64 sq. ft. in floor area, 80 sq. ft. in roof area and a height of 6 ft., including storage sheds, pet
shelters, playhouses, and decorative elements. Proposed changes to the definitions above are
intended to change the size and height of minor accessory structures and include language that is
consistent with the building permit exemption language in the HBMC.
2. HBZSO Section 230.08
For purposes of applying these provisions, accessory structures are inclusive of minor accessory
structures, except where separate provisions are provided in this section.
A. Timing. Accessory structures shall not be established or constructed prior to the start of
construction of a principal structure on a site, except that construction trailers may be
placed on a site at the time site clearance and grading begins and may remain on the site
only for the duration of construction.
B. Location. Except as provided in this section, accessory structures shall not occupy a
required front, side or street side yard or court. An accessory structure shall be set back
five feet from the rear property line except no setback is required for accessory structures,
excluding garages and carports, which abut an alley.
MiRG aasessery structures nay be ieeated +q required side and rear yard set s presided
Mat the 4 /�re iS lesated/44 ##e rear two,►-thir�sl;.of f-h{e'}let a��P,d,,a,, * m five Age Gle/�a,ranse
is mainrrt�hr f"�d between &&id tR atiltweft R tF it S !GGate {q the required trifle yard-.
der aGGessery stFUGh4res that are d9GOFatiVe
„,su^clhl,,}as landsca/,p�,e��,g,,aFd en wally fire #&,-
freestandiRg T strut ai4d fbunta s may be tGGat9 anywhere oR the
p Fop e `J M
—T e de net exceed&4 feet in 14eigkt er exceed 42 inshe& 44 fie@ht then lesated 4thin
the Arent ya�sethaGk, an
A mk4imum ii tit nlvo
rccara'rnive �s maiptaine hoenvcr"reernr said ire and tha dwE&{g ff
City of Huntington Beach Page 3 of 5 Printed on 4/7/2022
376 powered by LegistarT°"
File #: 22-248 MEETING DATE: 4/12/2022
ROG fi�rm�� tier i &ha# be set L..Gk e F Gt a &id-e eltiGVe �� �„as {M
�tQ'biF t'b�tit �ry tf7-F�7 itih
a
Minor accessory structures may be located within the front yard setback provided they
do not exceed 42 inches in height Minor accessory structures may be located in
required side and rear yard setbacks provided:
1. The structure is located in the rear two-thirds of the lot;
2. A minimum five-foot clearance is maintained between said structure and the
dwelling if it is located in a required side yard; and
3. Rock formations shall be set back one foot from the side_and/or rear property
lines for each foot of rock formation height, maximum five-foot setback required
C. Maximum Height. Fifteen feet, except a detached garage for a single-family or
multifamily dwelling may exceed the maximum height when it is designed to be
architecturally compatible with the main dwelling and does not include habitable floor area.
D. Maximum Size in RL District. In an RL District, the total gross floor area of accessory
structures, including garages, more than four feet in height that are not attached to a
dwelling shall not exceed 600 square feet or 10% of lot area, whichever is more.
E. Patio Covers. A patio cover open on at least two sides and complying with all other
provisions of this subsection may be attached to a principal structure provided a five-foot
clearance to all property lines is maintained.
F. Decks. A deck 30 inches or less in height may be located in a required yard.
G. Separation. The distance between buildings on the same lot shall not be less than 10
feet. (3710-6105, 4040-12114)
Currently, minor accessory structures are allowed to be up 64 sq. ft. in floor area, up to 6 ft. in height,
and may be located anywhere on the property except in the front setback if over 42 inches tall. With
the proposed changes, minor accessory structures up to 120 sq. ft. in floor area and up to 8 ft. in
height are now recommended to be allowed in required side and rear yard setbacks.
Allowing a maximum of 120 sq. ft. for these structures aligns with the Municipal Code exemption for
building permits. Limiting the height of these structures to 8 ft. high is based on the best-selling
storage sheds. These recommended limits allow something bigger than the current minor accessory
structures standards while maintaining compatibility because these structures are only 2 ft. taller than
the typical 6 ft. high property line wall or fence.
The amendments provide property owners with more flexibility to have minor accessory structures in
their backyard by not being subject to side and rear setbacks. This will allow property owners more
enjoyment of their property while still maintaining compatibility with nearby properties. It should be
noted that these amendments will only potentially resolve the zoning violations on 7 of the 31 active
code enforcement cases noted.
Urban Design Guidelines Conformance:
City of Huntington Beach Page 4 of 5 Printed on 4/7/2022
377 powered by LegistarTM
File #: 22-248 MEETING DATE: 4/12/2022
Not applicable.
Environmental Status:
ZTA No. 22-001 will not have any significant effect on the environment and is categorically exempt
from CEQA pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines, because there
is no potential for the amendment to the HBMC and HBZSO to have a significant effect on the
environment.
Coastal Status:
Not applicable.
Design Review Board:
Not applicable.
Other Departments Concerns and Requirements:
Not applicable.
Public Notification:
Legal notice was published in the Huntington Beach Wave on March 31, 2022 and notices were sent
to individuals and organizations requesting notification (Planning Division's Notification Matrix). As of
April 5, 2021, no communications regarding the request have been received.
Application Processing Dates:
DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S):
Not applicable Legislative Action - Not applicable
SUMMARY:
Staff is recommending approval of ZTA No. 22-001 based on the following reasons:
1. It is consistent with the general land uses and policy of the General Plan.
2. It provides property owners with more flexibility to have minor accessory structures in their
backyard to enhance the enjoyment of their property while still maintaining compatibility with
nearby properties.
ATTACHMENTS:
1. Suggested Findings of Approval - ZTA No. 22-001
2. Draft City Council Ordinance No. 4252
3. ZTA No. 22-001 Legislative Draft
City of Huntington Beach Page 5 of 5 Printed on 4/7/2022
378 powered by Legistar—
'0
Zoning Text Amendment
No . 22 - 001
----------------------11-----------------I-------------------------------------------- Cod
------------------ ---------------------------------------------------------
Minor Accessory Structures
May 17 , 2022
',
Request f�N
----------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------- -----------------------------------------------
Zoning Text Amendment No . 22 - 001 :
To amend Chapter 203 (Definitions) and
Chapter 230 (Site Standards) of the Huntington I
Beach Zoning and Subdivision Ordinance
relating to minor accessory structures
B a ck g r o u n d
----------- --------- --------------------------- ------- --------- ---------- ---------- ----------
Code Enforcement Cases :
31 active cases — storage sheds next to property lines,
from 7 ft. to 15 ft. in height
Current Zoning Code : �
Minor Accessory Structures — up to 64 sq. ft. in floor
area, 80 sq. ft, in roof area, 6 ft. in height. to be located in
required side and rear yard setbacks
Single-Family Residential Zone — accessory structures
that exceed these limits not allowed in required 15 ft.
front, 5 ft. side, 10 ft. street side, and 5 ft. rear setbacks
Back g round
o _ �
Municipal Code :
No building permits required — detached accessory
structures if they do not exceed 120 sq. ft. in floor area
and comply with height and setback requirements of
Zoning Code
�i Storage Sheds Available for Sale
Best selling storage sheds - up to 120 sq. ft. and 8 ft. in
height
Anal y ses
----------------------------------------------------------------------------------------------------------------- 0- -----------------------------------------------------------------------------------------------------------------
Proposed code amendment :
To allow minor accessory structures (e.g. storage sheds)
� up to 120 sq. ft. in floor area
up to 10 ft. in height
located next to side and rear property lines without
required setbacks
� 1 if located in the rear two-thirds of the lot
2. maintain a 5 ft. clearance between the structure
and house if located in a required side yard
2-ft. high screening above the 6 ft. high wall/fence for
minor accessory structures above 8 ft. high
383
Analysis
----------------------------------------------------------------------------------------------------------------- -----------------------------------------------------------------------------------------------------------------
Proposed changes :
�I
120 sq. ft. in size — aligns with the Municipal Code
j exemption for building permits
p 8 ft. in height — based on the best-selling storage sheds
available at home improvement retailers �
allow structures bigger than current standards while
� maintaining compatibility; structures 4 ft. taller than
typical ft. high property line wall or fence
provide property owners with more flexibility to have
minor accessory structures in their backyard without
being subject to side and rear setbacks
384
Re c o mm e n d a tion
--------------------- -------- --------- -------------------------------- -------- ---------- ---------- -
---------------------------------------------------------------------------------------------------------
� Staff recommends approval of ZTA : - -
Consistent with the general land uses and policy of the
� General Plan
i
Provides property owners with more flexibility to have
accessory structures in their backyards
I
Allow property owners more enjoyment of their j
property while maintaining compatibility with nearby
�� properties �
�k3: L{12$/Z2
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Tuesday, May 17, 2022, at 6:00 p.m. in the City
Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public
hearing on the following Planning and Zoning items:
❑ 1. ZONING TEXT AMENDMENT NO. 22-001 (MINOR ACCESSORY
STRUCTURES Applicant: City of Huntington Beach Request: To amend
Chapter 203 and Chapter 230 of the Huntington Beach Zoning and Subdivision
Ordinance relating to minor accessory structures. The Planning Commission held
a public hearing on this item on April 12, 2022, and recommended approval to the
City Council. Location: Citywide City Contact: Tess Nguyen
NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of
the California Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule)
of the CEQA Guidelines because there is no potential for the amendment to the
Huntington Beach Zoning and Subdivision Ordinance to have a significant effect on the
environment.
NOTICE IS HEREBY GIVEN that Item #1 will require a Local Coastal Program
Amendment certified by the California Coastal Commission.
ON FILE: A copy of the proposed request is on file in the Community Development
Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the
public. A copy of the staff report will be available to interested parties at the City Clerk's
Office or online at,http://www.huntingtonbeachca.gov on Thursday, May 12, 2022.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or
submit evidence for or against the application as outlined above. If you challenge the City
Council's action in court, you may be limited to raising only those issues you or someone
else raised at the public hearing described in this notice, or in written correspondence
delivered to the City at, or prior to, the public hearing. If there are any further questions
please call the Community Development Department at (714) 536-5271 and refer to the
above items. Direct your written communications to the City Clerk.
Robin Estanislau, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, California 92648
714-536-5227
http://huntingtonbeachca.gov/HBPublicComments/
Switzer, Donna
From: Sandra Campos <scampos@scng.com>
Sent: Thursday, April 21, 2022 5:00 PM
To: Switzer, Donna
Cc: De Coite, Kim; Estanislau, Robin; Esparza, Patty; Moore, Tania
Subject: Re: FW: Request for Publication -ZTA No. 22-001- Group account# 5190751
Thank you! You're all set
Sandra Campos
Sales Coordinator
Orange County Register
1771 S. Lewis Street
Anaheim,CA 92805
Main Line: 714-796-2209
Direct Line: 714-796-6748
Email: scampos()scng.com
On Thu, Apr 21, 2022 at 4:57 PM Switzer, Donna<Donna.Switzerksurfcity-hb.org>wrote:
Approved, publish as is.
Thank you,Sandy.
DQvutia/SWx3e -, CMC
Senior Deputy City Clerk-City of Huntington Beach
2000 Main Street-Huntington Beach,CA 92648
(714)374-1649
1
From:Sandra Campos<scampos@scng.com>
Sent:Thursday,April 21, 2022 4:56 PM
To:Switzer, Donna <Donna.Switzer@surfcity-hb.org>
Cc: De Coite, Kim<KDeCoite surfcity-hb.org>; Estanislau, Robin<Robin.Estanislau@surfcity-hb.org>; Esparza, Patty
<PEsparza@surfcity-hb.org>; Moore,Tania<Tania.Moore@ surfcity-hb.org>
Subject: Re: FW: Request for Publication-ZTA No. 22-001-Group account#5190751
Hello,
Below is the proof for your review, please make sure all is correct. If it is not please send the corrections and I will send a new
proof with your corrections.
Once the proof is approved you need to write back, "approved, ready to publish as is"
Your ad will be published just as it was approved.
If you need to re-publish your previously approved notice we will need to charge you to re-publish.
Cost$362.08 /Ad# 11531863 to publish in the Huntington Beach Wave on April 28, 2022
Thank you.
PROOF:
2
BEFORE THE CITY COUNCIL OF THE
CITY OF HU NTI NGTON BEACH
NOT ICE IS HEREBY GIVEN that on Tuesday, May 17, 2022, at 6:00 p.m.
lin the City Council Chambers, 2000 Main Street, Huntington Beach, the
City Council will hold a public hearing on the following Planning and
oning items:
1. ZONING TEXT AMENDMENT NO. 22-001 (,MINOR
ACCESSORY STRUCTURES Applicant: City of Huntington
Beach Request: To amend Chapter 203 and Chapter 230 of the
Huntington Beach Zoning and Subdivision Ordinance relating to
minor accessory structures. The Planning Commission held a
pub[is hea ri ng on thi s ite m on Apri 1 12, 2022, and rec ornme ride d
approval to the City Council. Location: Citywide City Contact:
Tess Nguyen
NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt
from the provisions of the California Environmental Quality Act
pursuant to Section 15061(b) (3) (General Rule) of the CEQA Guidelines
because there i s no potential for the amendment to the HurVti ngton Beac h
Zoning and Subdivision Ordinance to have a significant effect on the
nvi ronment.
NOTICE IS HEREBY GIVEN that Item #1 will require a Local
Coastal Program; Amendment certified by the California Coastal
Commission.
ON FILE: A copy of the proposed request is on file in the Community
Development Department, 2000 Main Street, Huntington Beach,
California 92648, for inspection by the public. A copy of the staff report
will be available to interested parties at the City Clerk's Office or online
t http://www.huntincitonbeachca.gov on Thursday, May 12, 2022.
ALL INTERESTED PERSONS are invited to attend said hearing and
express opinions or submit evidence for or against the application as
utlined above. if you challenge the City Council's action in court, you
may be limited to raisincj only those issues you.or someone else raised at
he public hearing described in this notice, or in written correspondence
del ivered to the City at, or prior to, the public hearing. If there are any
further questions please call the Community Development Department
t (714) 536-5271 and refer to the above items. Direct your written
.communications tothe City Clerk.
Robin Estanislau, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
rft Beach, California 92648
714-536-5227
http:Hh u nt i ngton be ac hca.gov/H B P ubl icComments/
Publish: Huntington Beach Wave April 28, 2022 11531863
Sandra Campos
Sales Coordinator
3
Orange County Register
1771 S. Lewis Street
Anaheim,CA 92805
Main Line: 714-796-2209
Direct Line: 714-796-6748
Email: scamyos(i�scn2.com
On Thu, Apr 21, 2022 at 2:59 PM Christine Gonzalez<cgonzales e,scng com>wrote:
OC Register Legal Advertising
Sales Coordinator
Chrissy Gonzalez
1771 S. Lewis St.
Anaheim, CA 92805
714-796-6736
M-F 8:00 a.m. - 4:30 P.M.
4
Lunch 12 Noon to 1:00 p.m.
Closed Sat. and Sun.
---------- Forwarded message ---------
From: Switzer,Donna<Donna.Switzerksurfcity-hb.org>
Date: Thu, Apr 21, 2022 at 2:58 PM
Subject: FW: Request for Publication-ZTA No. 22-001- Group account# 5190751
To: Christine Gonzales <conzales e,scng com>, De Coite, Kim<KDeCoiteksurfcity-hb.org>, Estanislau,
Robin<Robin.Estanislaunsurfcity-hb.org>, Esparza, Patty<PEsparzaksurfcity-hb.org>, Moore, Tania
<Tania.Mo ore(2surfcity-hb.oM>
Cc: De Coite, Kim<KDeCoitensurfcity-hb.org>, Estanislau, Robin<Robin.Estanislauksurfcity-hb.org>,
Esparza, Patty<PEsparzaksurfcity-hb.org>, Moore, Tania<Tania.Mooreksurfcity-hb.org>
CORRECTION
Please publish the Notice on April 28, 2022!
Thank you,
Dan+UL'Sivu-,er, CMC
Senior Deputy City Clerk-City of Huntington Beach
2000 Main Street-Huntington Beach,CA 92648
(714)374-1649
From: Switzer, Donna
Sent: Thursday, April 21, 2022 2:56 PM
To: Christine Gonzales <cgonzales(&scng com>
Cc: De Coite, Kim<KDeCoite(2surfcity-hb.org>; Estanislau, Robin<Robin.Estanislau&surfcity-hb.org>;
Esparza, Patty<PEsparzaksurfcity-hb.org>; Moore, Tania<Tania.Mooreksurfcity hb.org>
Subject: Request for Publication- ZTA No. 22-001- Group account# 5190751
5
Hi Chrissy,
Please publish the attached Notice of PH for ZTA No. 22-001, in The Wave, on April 21, 2022.
Thank you!
DOVt+'W1SwLt�er' CMC
Senior Deputy City Clerk-City of Huntington Beach
2000 Main Street-Huntington Beach,CA 92648
(714)374-1649
6
Huntington Beach Wave
1771 S. Lewis Street
Anaheim,CA 92805
714-796-2209
5190751
HUNTINGTON BEACH, CITY OF PROOF OF PUBLICATION
CITY CLERK DEPARTMENT
2000 MAIN ST Legal No. 0011531863
HUNTINGTON BEACH, CA 92648-2763 NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Tuesday,May 17,2022,at 6:00 p.m.
in the City Council Chambers, 2000 Main Street, Huntington Beach, the
City Council will hold a public hearing on the following Planning and
Zoning items:
AFFIDAVIT OF PUBLICATION ❑ 1. ZONING TEXT AMENDMENT NO. 22-001 (MINOR
ACCESSORY STRUCTURES Applicant : City of Huntington
Beach Request: To amend Chapter 203 and Chapter 230 of the
STATE OF CALIFORNIA, Huntington Beach Zoning and Subdivision Ordinance relating to
minor accessory structures. The Planning Commission held a
$$. public hearing on this item on April 12,2022,and recommended
County of Orange Tess oval toNguye he City Council. Location: Citywide City Contact:
NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt
from the provisions of the California Environmental Quality Act
pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines
because there is no potential for the amendment to the Huntington Beach
I am a citizen of the United States and a resident of the Zoning and Subdivision Ordinance to have a significant effect on the
environment.
County aforesaid; I am over the age of eighteen years,and NOTICE IS HEREBY GIVEN that Item #1 will require a Local
not a party to or interested in the above entitled matter. I Coastal Program Amendment certified by the California Coastal
am the principal clerk of the Huntington Beach Wave, a Commission.
newspaper that has been adjudged to be a newspaper of ON FILE: A copy of the proposed request is on file in the Community
Development Department, 2000 Main Street, Huntington Beach,
general circulation by the Superior Court of the County of California 92648, for inspection by the public. A copy of the staff report
Orange, State of California, on July 1, 1998, Case No. a t http:available/ ntingtonbetachco gov on Thursday,iIMay 12,Office022 or online
A-185906 in and for the City of Huntington Beach, County ALL INTERESTED PERSONS are invited to attend said hearing and
of Orange, State of California; that the notice, of which the express opinions or submit evidence for or against the application as
outlined above. If you challenge the City Council's action in court, you
annexed is a true printed copy, has been published In may be limited to raising only those issues you or someone else raised at
each regular and entire issue of said newspaper and not in the public hearing described in this notice, or in written correspondence
9delivered to the City at, or prior to, the public hearing. If there are any
any supplement thereof on the following dates, to wit: further questions please call the Community Development Department
at (714) 536-5271 and refer to the above items. Direct your written
communications to the City Clerk.
04/28/2022 Robin Estanislau,City Clerk
City of Huntington Beach
2000 Main Street,2nd Floor
Huntington Beach,California 92648
714-536-5227
hftp://huntingtonbeachca.gov/HBPublicComments/
Publish: Huntington Beach Wave April 28,2022 11531863
i certify(or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date:April 28, 2022.
AAAkrA�
Signature
UPI-12/15/16 1
PROOF OF SERVICE OF PAPERS
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
I am employed in the County of Orange, State of California. I am over the age of 18 and
not a party to the within action; my business address is 2000 Main Street, Huntington Beach,
CA 92648.
Pursuant to Code of Civil Procedure § 1094.6, on April 27, 2022, I served the foregoing
documents described as: Zoning Text Amendment NO. 22-01 (Minor Accessory Structures)on
the interested parties in this action by placing a true copy thereof in a sealed envelope
addressed as follows:
15 Addresses —see label list
a. [X] BY MAIL -- I caused such envelope to be deposited in the mail at Huntington Beach,
California. I am "readily familiar" with the firm's practice of collection and processing
correspondence for mailing. It is deposited with U.S. Postal Service on that same day
in the ordinary course of business, with postage thereon fully prepaid. I am aware
that, on motion of a party served, service is presumed invalid if postal cancellation date
or postage meter date is more than 1 day after date of deposit for mailing in the
affidavit.
b. [ ] BY MAIL -- By depositing a true copy thereof in a sealed envelope with postage
thereon fully prepaid in the United States mail at Huntington Beach, California,
addressed to the address shown above.
c. [ ] BY DELIVERY BY HAND to the office of the addressee.
d. [ ] BY PERSONAL DELIVERY to the person(s) named above.
e. [ ] BY FAX TRANSMISSION to No.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on April 27, 2022, at Huntington Beach, California.
Senior Deputy City Clerk
glfollowu p/letters/p roof of mailing.doc
Easy Peel Address Labels
AVERY 5160
Np. 22-0®1 �Y1ir►o�' �+CC�gS�� S mac, �,
1 HB Chamber of Commerce Orange County Assoc.of Realtors 2 ZTA 22-001
President Dave Stefanides (Minor Accessory Structures)
16787 Beach Blvd.#202 25552 La Paz Road Public Hearin Labels
Huntington Beach,CA 92647 Laguna Hills,CA 92653 g
5 6 6
Huntington Beach Tomorrow Building Industry Assoc.of South Calif. Building Industry Assoc.of South Calif.
President Michael Balsamo,CEO,OC Chapter Adam S.Wood, Director of Govt.Affairs
PO Box 865 24 Executive Park,Suite 100 24 Executive Park, Suite 100
Huntington Beach,CA 92648 Irvine,CA 92614 Irvine,CA 92614
8 12
ETI:Corral 100 Rutan&Tucker,LLP
Jean Kimbrell,Treasurer Jeffrey M.Oderman
P.O.Box 2298 611 Anton Blvd., 14th Floor
Huntington Beach,CA 92647 Costa Mesa,CA 92626-1950
13 14 25
Newland House Museum Historic Resources Board Chair California Coastal Commission
Pres., H.B. Historical Society Kathie Schey South Coast Area Office
19820 Beach Blvd. 3612 Rebel Circle 301 E.Ocean Blvd.,Suite 300
Huntington Beach,CA 92648 Huntington Beach,CA 92649 Long Beach,CA 90802
26 40 57
Department of Transportation,Dist. 12 Hearthside Homes Kathleen Belohovek
Scott Shelley,Senior Planner 27285 Las Ramblas,Suite 210 9101 Five Harbors Dr.
1750 E 411 Street#100 Mission Viejo,CA 92691 Huntington Beach,CA.92646
Santa Ana,CA 92705
Paula Leonard 60
4951 Hilo Circle Cindy Nguyen 63
Huntington Beach,CA 92647 Huntington
Walnut Ave
n Beach,CA 92648
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Tuesday, May 17, 2022, at 6:00 p.m. in the City
Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public
hearing on the following Planning and Zoning items:
❑ 1. ZONING TEXT AMENDMENT NO. 22-001 (MINOR ACCESSORY
STRUCTURES Applicant: City of Huntington Beach Request: To amend
Chapter 203 and Chapter 230 of the Huntington Beach Zoning and Subdivision
Ordinance relating to minor accessory structures. The Planning Commission held
a public hearing on this item on April 12, 2022, and recommended approval to the
City Council. Location: Citywide City Contact: Tess Nguyen
NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of
the California Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule)
of the CEQA Guidelines because there is no potential for the amendment to the
Huntington Beach Zoning and Subdivision Ordinance to have a significant effect on the
environment.
NOTICE IS HEREBY GIVEN that Item #1 will require a Local Coastal Program
Amendment certified by the California Coastal Commission.
ON FILE: A copy of the proposed request is on file in the Community Development
Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the
public. A copy of the staff report will be available to interested parties at the City Clerk's
Office or online at,http://www.huntingtonbeachca.gov on Thursday, May 12, 2022.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or
submit evidence for or against the application as outlined above. If you challenge the City
Council's action in court, you may be limited to raising only those issues you or someone
else raised at the public hearing described in this notice, or in written correspondence
delivered to the City at, or prior to, the public hearing. If there are any further questions
please call the Community Development Department at (714) 536-5271 and refer to the
above items. Direct your written communications to the City Clerk.
Robin Estanislau, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, California 92648
714-536-5227
http://huntingtonbeachca.gov/HBPublicComments/
Estanislau, Robin
From: Peter Dawson <pdawson@hbcsd.us>
Sent: Monday, May 16, 2022 7:33 PM
To: Luna-Reynosa, Ursula
Cc: Joyce, Sean; Estanislau, Robin; Hoang,Jimmy
Subject: Re: FW:Accessory Structure City Council Meeting May 17
Dear Ursula,
Thank you for your email. I really appreciate the detailed reply you sent. I want to be sure I respond to your
request for me to clearly state my position on the ZTA. In its current iteration, I would not support the ZTA. I
would be in favor of a small modification,though. Here is my concern. The Tuff Shed in my yard is 8'wide x
14' long, so it is less than the 120 cap on structures which do not require a building permit;however, it also
measures 8' 8" tall. Therefore,the 8'proposed height limit would not benefit me,or the typical consumer who
goes out and buys a Tuff Shed at Home Depot. (The several sample sheds in the Home Depot parking lot are a
bit higher than 8 feet). For the council's convenience, I have reached out to Tuff Shed so that they can provide
insight on the subject for the council members to consider. The Tuff Shed representative I spoke to today
(Jason)has agreed to compose an informative email,which he will send the council tonight. I believe he raises
some excellent points,which will be important. I look forward to attending tomorrow's meeting. I hope we can
arrive at a resolution that works for the many people who own accessory structures similar to mine.
Thank you,
Peter Dawson
SUPPLEMENTAL
COMMUNICATION
Peter Dawson,M.S.Ed.
Education Specialist, kWft Dab,; a
Early Childhood Education
Eader Elementary,HBCSD
(714)962-2451 Agana Nam NO.,
On Mon,May 16, 2022 at 3:36 PM Luna-Reynosa,Ursula<ursula.luna-reynosa@surfcity-hb.org> wrote:
Dear Mr. Dawson(City Council Blind Copied),
f
I
Your letter addressed to the City Council has been forwarded to me for response. I'm the Director of
Community Development and Code Enforcement is one of the divisions I oversee.
Thank you for taking the time to write the attached, detailed letter. You certainly did a good job of describing
1 the hardship of placing a compliant storage shed on your property. It is for this reason,that placing a storage
shed in a legal, compliant manner is so difficult under the current zoning code, staff initiated a Zone Text
Amendment(ZTA) to change the zoning code to make it easier. You rightfully indicated that a structure equal
to or less than 120 SF is exempt from requiring a wilding Permit. Building Permits are issued under the
California Building Code (CBC)which is a state code and all cities are required to adopt the CBC. Cities also
regulate land use and development standards through local zoning ordinances;these ordinances affect
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aesthetics in addition to other issues such as health and safety. In the case of Huntington Beach, the current
Zoning Code only exempts ancillary structures (e.g. storage sheds) from setbacks if they are less than 64 SF
and less than or equal to 6' in height. The proposed ZTA being considered by the City Council at their
i regularly scheduled meeting tomorrow evening would increase the area from 64 SF to 120 SF and increase the
height from up to 6' to up to 8'.
!
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It is my understanding that you have two storage sheds on your property that are both non-compliant with the
CURRENT Zoning Code. However,if the City Council approves the ZTA and your sheds are each 120 SF or
less and no taller than 8' then your sheds will be compliant with the new code provisions and your code case
will be resolved. Per the attached email that was sent to you by Code Enforcement Supervisor(Jimmy Hoang)
on February 13,2022, your code case was suspended until the outcome of the ZTA is known.
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j I would like to provide you with some background as to how this matter of storage sheds and the need to
amend the zoning code came to my attention. I received a phone call some months back from a gentleman
who recently received a Notice of Violation regarding their shed. Like you, his shed had been erected for
J many years(30 in his particular case)without complaint. So he was quite surprised to learn that someone had
complained about his shed. The person that files a complaint is referred to as a"reporting party". In this case,
! as well as your case,the reporting party is an aggrieved gentleman(whose shed was subject to a separate
complaint and found to not be in compliance) because his shed was being"prosecuted"while he was aware of
numerous illegal sheds throughout the City. He generated a list of 30 properties that he submitted to Code
i Enforcement. There is not a particular,targeted geographic area and staff was not able to identify any
particular pattern to the selected properties. It is our belief that the properties were selected through a Google
Map search which is a possible explanation for why properties in certain neighborhoods were selected but not
! all, or even most, in a particular neighborhood. Once a complaint is received,Code Enforcement is obligated
to investigate and follow up on identified violations.
i
This high volume of cases was brought to my attention. I immediately recognized the difficulty posed by
having a Building Code provision(i.e. no permit required for sheds 120 sf or less) and a Zoning Code
provision(i.e. only sheds 64 SF or less exempt from setback requirements) out of alignment. I directed Code
Enforcement staff to immediately suspend enforcement on the shed cases while Planning prepared a ZTA. At
tomorrow's City Council meeting a public hearing will provide an opportunity to provide public testimony on
1 the ZTA. This testimony can be provided orally at the meeting(or via ZOOM) or in writing. Written
testimony carries the same weight as oral testimony. I encourage you to provide your testimony on the ZTA to
the City Council. Perhaps your below email and letter was meant to be such testimony but it is important to
state whether you support or oppose the ZTA. In your case, if the ZTA is approved it appears that it will
benefit you in resolving your code enforcement cases.
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I want to take this time to address a couple of additional concerns raised in your letter:
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• I hope you agree the City's policy to follow up on all complaints by reporting parties removes the City's
discretion to pick and choose Code Enforcement cases; we are simply responding to concerns of residents with
2
the understanding that not all complaints result in violations. The investigation and review of evidence is what
constitutes whether there is a legitimate case or not,based on the City's codes.
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• I also want to address your concern that Code Enforcement is soliciting complaints and pitting neighbor
against neighbor. It is human nature to be upset over unjust treatment,whether actual or perceived. When a
property owner is provided a Notice of Violation for an action that they see others doing without receiving
similar notices they are understandably upset and bring those other issues to the attention of Code
Enforcement. Code Enforcement Officers are left with little choice than to explain our policy that we are
complaint driven(on non-health and safety matters)and to explain the process of how to file a complaint. This
jinformation is not meant to be a solicitation for complaints,rather an explanation for the process.
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I hope this detailed email answers your questions and provides some context for the City's actions. I will
follow up with a phone call,per your request.
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Best Regards,
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Ursula Luna-Reynosa, Director of Community Development
4
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City of Huntington Beach
(714) 536-5554
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I ----------------
From: Peter Dawson<pdawson ,hbesd.us>
Date: Sunday, May 15,2022 at 8:56 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Accessory Structure City Council Meeting May 17
Dear Council Members,
I am a resident of Huntington Beach, currently impacted by the accessory structure topic. I'm
E attaching a pdf to this email which contains my situation, my concerns, and my request to the
council to have my violation dismissed immediately. I'm concerned that my situation may,or
may not be improved by changing the height requirement alone. I would like my
shed "grandfathered" as it has been in place for over 15 years, is attractive, well maintained, is
3
now no longer visible from the street, and does not pose a safety issue in its current location.
Thank you in advance for your time and attention to the matter,as the outcome will certainly
have the potential to impact a tsunami of residents for the better here in our fine city!
Sincerely,
i
Pete Dawson
Peter Dawson,M.S.Ed.
Education Specialist,
i
Early Childhood Education
Eader Elementary,HBCSD
(714)962-2451
4
Dear Members of the City Council,
I'd like to introduce myself. My name is Peter Dawson. I am a pre-school special education
teacher. I currently work for the Huntington Beach City School District. My family and I live at
17431 Almelo Lane. This past December I received a notice of violation in my mailbox(APN:
163-023-17 Case Number; CV2021-22046). The violation is for a Tuff Shed, located on the side
of my home. It is 114 square feet(structures larger than 120 square feet require a permit,
therefore, mine does not).
I am requesting that the citation against my house be dropped immediately,based on:
1) The original complaint against my home is utterly arbitrary. It targets a small fraction
of the total population of HB residents across the city who also have storage sheds
located close to their wall and/or dwelling.
2) I have erected a 2' lattice topper around the perimeter of my block wall. The shed is now
invisible from the street and backyards of all of my surrounding neighbors. My shed has
no effect on anyone outside of the yard. Why would code enforcement care at this point?
3) When I asked the man who was the city's planning department representative after the
planning commission meeting on April 12 if there is a safety concern caused by sheds
being inside the setback or higher than 8 ft.,he stated that he wasn't aware of any safety-
related issues.
4) My neighbors have all supported our 2' topper solution.
5) Finally,and perhaps most disturbing, Roy Hernandez,the city Code Enforcement
Officer,directed me in an email,to gather the addresses of my neighbors who appear to
be in violation,and then submit these addresses to him,so he can open up new cases
against all of these homes(!) Roy will then,no doubt,direct these people to"consult
with the City's Planning/Zoning Division to further discuss possible variances"as he did
with me. This gives the appearance of a system that turns neighbor against neighbor
(informing on each other in the hopes that if enough complaints arise,the city will change
the code), meanwhile Roy appears to be helping the city clean up on fees, selling
variances to desperate homeowners? I will not be a part of that.
What follows is a part of the correspondence about this matter I had with the City Code
Enforcement Officer,Roy Hernandez:
Thank you for asking about my illness,Mr.Hernandez. I've been out of work for a week,but
fortunately,have been recovering steadily. So,to address the matter at hand, let me just make
sure I understand everything correctly.
1)You initially told me over the phone that in December,during a pandemic,two weeks before
Christmas, a random stranger who is angry with the city about"accessory structure location
violations"(and who DOES NOT reside anywhere in,or near MY neighborhood)turned off of
Springdale,into my tract,directly passing and IGNORING this house(which has a shed that
violates the city code because it is over 6.5 feet, inside of the 10 foot setback against the street
wall,and also possibly also inside the 5 foot setback from the dwelling):
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2).This random ANGRY individual then proceeded to drive through my neighborhood, again,
passing and ignoring this house,as they searched for accessory structure violations:
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They also failed to notice:
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HOWEVER, somehow,as soon as they drove through the neighborhood, it was only 17431
Almelo lane(MY HOUSE)that stood out:
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Upon seeing MY shed, angry"Mr. Magoo"was UNCONTROLLABLY COMPELLED to pull
over,write down MY address,and demand the city respond IMMEDIATELY to force me,AND
ONLY ME to remove MY shed(which has been in its present location,with shudders,fresh
paint,and trim to match the house,passed by every student and parent on their way to/from
Marine View Middle School each day,without EVER bothering ANYONE over the past 14-15
years)?
Mr.Hernandez,you do realize that in order to issue me a citation,YOU also drove past many of
these homes pictured above?
At the very least,you CANNOT get in or out of either entry to our tract WITHOUT DRIVING
PAST one or both of THESE:
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3).After driving past many of these similar violations in my neighborhood to confirm the
violation at MY house,you issued a citation to my residence on December 9. I did not receive
this violation in the mail until 6pm on December 15 (10 days before Christmas). It clearly stated
that I had 15 days from Dec 9 to comply. That meant from the day I received it,there were only
9 more days until I would face consequences if my shed was not moved by December 24,2021
(Christmas Eve!!!). This was during the holidays after we already had travel plans made
and many businesses who possibly might've helped me were closed. I contacted you the day
after receiving the letter,but did not hear from you until the week after I received the violation.
As a result,my wife, 13 year old son, 12 year old daughter,and I set to work,buying the
materials and building a topper(after a mutually agreed upon resolution was decided between
our family and our neighbors),ALL OF THIS HAPPENED DURING OUR FAMILY
CHRISTMAS BREAK-Talk about STRESSFUL!
Currently, according to the city code,the only place where the shed can be relocated, is in the
middle of our lawn in the backyard. We live on a small lot and this will utterly destroy the kids
and pets play space and ruin the aesthetics and functionality of our sanctuary in the
backyard. The only place it fits is in its current spot,next to the house.
If I am forced to comply with the code, in order to move the shed, I have spoken to Tuff Shed
and they will not disassemble the shed. Instead, I need to hire a crane at significant cost(quotes
range from$2,000 and up),which will block our residential street,and lift the shed(risking
potential damage to it).
Here are pictures showing the current shed location on the left, and potential shed relocation via
crane on the right:
17431 Almelo Lane Huntington Beach 9�, 17431 Almelo Lane l-tunlinglon Beach,.
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Also,in my case, I have spent money to have the shed tiled into the hardscape,so as to make it
visually appealing. Moving the shed will likely ruin it because it will have to be disassembled
and reassembled and leave an ugly hole in its place,which will cost even more money to
address. There are no local companies that disassemble sheds professionally(I've checked).
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To further understand risk if my Shed were damaged or destroyed by the crane,a replacement
Tuff Shed like mine costs$8-12,000., based on quotes for similar sheds on the Tuff Shed
website.
4:40 4
Product Details x
Lockoblo
f�I Made In the USA
32 Water Resistant
Warranty Included
Assembly Required
Weights ti Dimensions
Overall VWxI4'Dxe•n'1H
Door 4'Wx6'H
Overall Product Weight 11251b.
Welt studs are spaced 24 inches
on center
Description
Not only this, but moving the shed to the center of my back yard will leave the area where the
shed stood ugly. Again, definitely not a workable situation for my family.
4).As I was struggling to find a solution in December,my neighbors which immediately
surround my home on all sides,(next door,behind us,across the streets,etc.)and I were
ultimately able to establish our own"Neighborhood Group"as mentioned on the City of
Huntington Beach website,to discuss our specific neighborhood issue(namely,the shed
location)and establish OUR priorities(to erect a visual barrier). As we discussed this resolution,
we did so with the understanding that code enforcement is only ONE of the tools that the
Neighborhood Community Program can utilize, in order to address issues like ours. We felt
certain our Neighborhood Group made our intentions clear to the City by putting the will of the
group in writing and delivering 7 individually signed letters of consent that the visual barrier was
the outcome we'd unanimously agreed upon.
Dear Neighbors,
We Want to wish you all the blessings of this holiday season and the hope that all of us and our families are
gifted with good health now and during the upcoming new year,
Recently we received a letter from the City of Huntington Beach telling us that a complaint had been filed
about our"Tuff Shed"brand storage shed whirh is in our backyard.Apparently the roof of the shed being
visible over our fence is a problem.We want you all to know that it was never our intent that the shed be an
eyesore to anyone.We made certain that the stied was painted the same color as our house so that it would
blend nicely,our stied has been in this spot for 14 years and we have been careful to maintain its appearance.
Never-the-less,we don't want anyone to be unhappy with us. We have considered the complaint and are
thinking of placing a visual ban ler that would be both attractive and functional for all of our possibly impacted
neighbors.
If this might he an option for us that is agreeable to you perhaps you might sign this letter at the butlom If
yd6 have other suggestions or ideas we are receptive to hearing them. We encourage you to write them at tho
Bottom of this letter If we rereive a consensus that the barrier is an acceptable solution we will submit the
letters to the City and perhaps the issue can be quickly resolved.Thanks to all of you for your thoughtful
consideration.
Warm regards,
Pete and Nina Dawson
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5).Also in December, I spoke to city personnel (a building inspector)who encouraged me to
take this path(erecting a topper)as a resolution. As an aside,the arbitrariness of the city's
conduct is underscored,where one day,an inspector visits my home and signs off on a final
inspection on a mechanical permit without seeing the work,and then a few days later,a code
enforcement officer issues a violation and insists he has ZERO discretion and cannot"deviate"
from compelling me to follow said code,while simultaneously turning a blind eye to a multitude
of the EXACT SAME violations(pictured above)in the neighborhood.
The City's notion of"reactive"vs "proactive" enforcement in this case is untenable. In our
country,and in this city,the law is the law. Those in power in our city of Huntington Beach
cannot play favorites with enforcement. For example,in a 45mph zone,the police cannot give a
certain class of people(Group A)a ticket for going 70mph and then observe and excuse another
class of citizens(Group B)for driving 70mph, because they belong to a different, favored
"Group B"class. I believe in fairness and equality. If the city is going to insist that I move my
shed,then I expect the city to make everyone move their accessory structures city-wide, no
exceptions;otherwise,the City of Huntington Beach is engaging in discrimination,bullying,
harassing,and blatantly unfair practice toward its own residents. That is wrong.
6).Finally,to review, you've seen the sheds in my neighborhood.This is what my shed looked
like at the time of the citation:
And now,this what my shed looks like after the topper:
r
_ r �
Again,my neighbors have zero complaints(and this outcome is much more attractive than many
of my neighbor's visible sheds all around the neighborhood. Since the new topper has been up,
we've received multiple compliments on its appearance from neighbors walking by,etc.)
In conclusion,I would like to request a copy of the original complaint. I have a right to see it. In
America,people have the right to face their accusers. How do I know this complaint isn't made
up? Where is this all-powerful mystery individual who complained because they don't like the
way my house looks? If justice in Huntington Beach is truly fair,the city cannot look at all of
the evidence I've shown and just conclude that the violation that's been issued to ME ALONE in
my neighborhood is appropriate. It runs contrary to the idea of"equal application of the law". It
is also unfortunate that the city is usurping the will of our"Neighborhood Preservation Group"
by running over the top of the solution that was mutually and unanimously agreed upon by each
household in our local group.
Perhaps I need to speak to the city council, and perhaps I will speak to my neighbor and friend,
who is a city attorney,but for now Roy,I would like to speak to your supervisor about this
matter please.
Sincerely,
Peter Dawson,M.S.Ed.
Longtime HB Resident
17431 Almelo Lane
Huntington Beach, CA 92649
949.394.7513
rr—
� f
Estanislau, Robin
From: Hoang,Jimmy
Sent: Sunday, February 13,2022 9:48 PM
To: Peter Dawson
Subject: RE: Response to your letter
Dear Mr. Dawson,
Thank you so much for your patience and allowing me an opportunity to further review the current matter at 17431
Almelo Lane. I do have some good news to report to you which is clearly outlined at the end of this email. But first, I'd
like to start by providing some analysis of the zoning code as it stands today:
The Property
• 17431 Almelo Ln is in an RL(residential low density)zoning designation of the City
Huntington Beach Zoning and Subdivision Ordinance(HBZSO)
• HBZSO 210.06 Property Development Standards apply to RL zones
• Specifically,subsection (1-1)(1)of HBZSO 210.06 that reads:
In the RL,RM, RMH(excluding RMH-A subdistrict),and RH districts,the street side yard shall be
20%of the lot width,minimum six feet and need not exceed 10 feet.
HBZSO Analysis
• The property is approximately 68 ft wide.
• 20%of 68 ft.is 13.6 ft.
• The street side yard setback would be 13.6 ft but it does not have to exceed 10 ft.
• Therefore,the street side yard setback at 17431 Almelo Ln is 10 ft. (supposed to be 13.6 ft. but the code
states"not exceed 10 feet")
The Minimum Six Feet Requirement
• Based on the HBZSO code above,when we apply the"street side yard shall be 20%of the lot width"to a
property that is measured at 25 ft.wide,for example,the 20%OF 25 ft.would be 5 ft. However,the
HBZSO requires a minimum of six feet instead.
Additional Provisions of HBZSO 230.08
• No building permit is required because the shed is no more than 120 sq ft
• The location must still comply with Zoning Code requirements
• A minimum 5 ft setback to the rear property line is required
• A minimum 10 ft setback to the street side property line is required (see HBZSO 210.06 Subsection H1)
• A minimum 5 ft setback to the interior side property line is required
• A minimum 10 ft separation from the house is required(see HBZSO 210.06 Subsection D)
"(D) Building Separation.The minimum spacing between buildings including manufactured home units
shall be 10 feet."
Now,for some good news. The City is looking to conduct a Zoning Text Amendment(ZTA)to the setback requirements
for accessory structures/storage sheds under 120 square feet. During the endeavor,the Code Enforcement case for
your property will be suspended until further notice. Should we receive additional complaints about the structure,we
will communicate the same message to the reporting citizen.
1
As such,the ZTA process may take some time as it will need to go before a Public Hearing via the Planning Commission,
then two(2)different City Council Hearings. Please note that we do not know how Council will vote, but we strongly
believe that this is the best solution for all parties involved.
We thank you for your patience and will keep you posted on this progress.
Regards,
Jimmy Hoang#1010
Code Enforcement Supervisor
City of Huntington Beach
Department of Community Development
Code Enforcement Division
P 714.374.5387 1iimmv.hoanaCcDsurfcity-hb.org
F 714.374.1540 I www.huntinotonbeachca.00v
Main Line 714.536.5271
The City of Huntington Beach's new electronic permit processing system HB ACA (Accela Citizen
Access)is now open for submittals! Please read all instructions for setting up an account and submitting
applications online through HB ACA before submitting a new application. If you have any questions on
the submittal process after readina the instructions link below, please contact us at
Perm itcenterAsurfcity-hb.ora.
HB ACA Help Center—Instructions to read before you apply online:
https://huntingtonbeachca.gov/help-center/
HB ACA—Apply Online Here:
https:/Ihuntin-qtonbeachca.gov/aca
Code Enforcement related matters may be reported at
h ttps://enaaae.h un tingtonbeachco.goy/CitizenAccess/Default.aspx
From:Peter Dawson<pdawson@hbcsd.us>
Sent:Tuesday, February 1,2022 9:54 AM
To: Hoang,Jimmy<Jimmy.Hoang@surfcity-hb.org>
Subject:Re: Response to your letter
I have received your response. Thank you,Mr. Hoang.
2
Peter Dawson,M.S.Ed.
Education Specialist,
Early Childhood Education
Eader Elementary,HBCSD
(714)962-2451
On Tue,Feb 1,2022 at 9:47 AM Hoang,Jimmy<Jimmy.Hoang@surfcity-hb.org>wrote:
Dear Mr. Dawson,
1 Thank you for your email. This email response is to confirm receipt of your email. Please allow me some
time to review your email and the code enforcement case. Please note that any timeline for compliance will be
suspended until you receive a response from me.
I
Thank you for your patience.
I
E
Jimmy Hoang#1010
Code Enforcement Supervisor
City of Huntington Beach
Department of Community Development
Code Enforcement Division
P 714.374.53871 iimmy.hoang(&surfcity-hb.or�
F 714.374.15401 www.huntingtonbeachca.gov
Main Line 714.536.5271
i
{ The City of Huntington Beach's new electronic permit processing system HB ACA(Accela Citizen Access) is
now open for submittals! Please read all instructions for setting up an account and submitting applications
online through HB ACA before submitting a new application. If you have any questions on the submittal
process after reading the instructions link below,please contact us at permitcenter@surfcit -hib.org.
HB ACA Help Center—Instructions to read before you apply online:
j https://huntingtonbeachca. og_v/help-center/
E
HB ACA—Apply Online Here:
https://huntingtonbeachca.gov/ac
Code Enforcement related matters may be reported at
1 https://engage.huntinptonbeachca.gov/CitizenAccess/Default.aspx
i
i
-----Original Message-----
; From: Peter Dawson<pdawson@,hbcsd.us>
Sent: Monday,January 31, 2022 7:02 PM
To: Hoang,Jimmy<Jimmy.Hoang@surfcity-hb.org>
Subject: Fwd: Response to your letter
3
Dear Mr Hoang,
My name is Peter Dawson. I am a tax payer and longtime resident of the city of Huntington Beach. I am
forwarding you all my correspondences with Roy Hernandez(except for our final couple exchanges, as my
system will not allow me to forward those. Despite this, I'm sure Roy can easily provide them upon
request. You will be able to see his response to my email below,which is disturbing).
Mr. Hoang, first and foremost,my contention is that the complaint against my property is not valid,because
it is neither real,nor authentic. If it was actually submitted by a resident of Huntington Beach,it was done so
by a person under duress,just as I am, in the hopes that by turning in their neighbors in to the city for similar
code violations,the city will prosecute people, and this might,in turn,compel more citizens to rise up and
demand a change to the code as it relates to accessory structure (read: storage shed)locations on people's
properties,and the "informant/complaining parry"may have an opportunity to ultimately avoid the violation.
In my case, Roy initially claimed my violation came in among a batch of 50-60 city wide complaints,all
from the same individual,all for the same violation(accessory structures located on people's property along a
j wall,within a minimum setback). When I sent pictures to Roy of 20-30 sheds in my housing tract(contained
in the email below), all violating the same code as my shed, Roy asked me to provide him with the addresses
so that he can go out and investigate each one of those and open more files on them.
Clearly,the city is perpetuating a cycle of harassment,turning neighbor against neighbor. It is also clear to
me that the city is profiting from this practice, funneling accused"code violators"over to the planning office,
asking if they can pay a premium for permits and/or variances fees,like they did with me. All the while, the
city can appear"third party"to the situation.
i The city is not a third party, and I intend to expose this. I have evidence. As the supervisor Mr. Hoang,
whose idea is this practice? Not yours, I hope, for your sake,because it's an outright abuse. I will be seeking
an audience with my attorney and the city council to shed light on what's occurring as soon as possible.
Sincerely,
I
i
A
Peter Dawson
4
Moore, Tania
From: Frakes, Sandie
Sent: Tuesday, May 17, 2022 8:09 AM
To: supplementalcomm@surfcity-hb.org
Cc: Fikes, Cathy
Subject: FW:Attention City Council Members.
Attachments: City Council Letter Jason Eason Tuff Shed..pdf
From:Jason Eason<jeason@tuffshed.com>
Sent: Monday, May 16, 2022 7:08 PM
To:Joyce,Sean<Sean.Joyce@surfcity-hb.org>; Estanislau, Robin<Robin.Estanislau@surfcity-hb.org>; Hoang,Jimmy
<Jimmy.Hoa ng@surfcity-hb.org>; Luna-Reynosa, Ursula <ursula.luna-reynosa@surfcity-hb.org>; CITY COUNCIL
<city.council@surfcity-hb.org>; Peter Dawson <pdawson@hbcsd.us>
Subject:Attention City Council Members.
Dear City Council Members.
I have attached a letter for your review for consideration in tomorrow's meeting about the shed height limit. I
appreciate your time and I hope this message finds you well.
Best Regards,
Jason Eason.
SUPPLEMENTAL
COMMUNICATION
Meeting Dade: S�/?/
I &aa-
1 Agenda hem No.;���a-3L/
Dear City Council of Huntington Beach.
I am writing this letter because I have heard of your meeting to revise the city code for shed
height restrictions. I work for Tuff Shed Anaheim as a Sales and Design Consultant. I service the Orange
County area in helping people find solutions to their storage needs. I have some information to share
that may help influence your final decision.
Most residents don't know their city code restrictions regarding sheds and setbacks.To make it
easy for someone to be able to buy a shed without the worry of loosing their investment or being fined,
the code must consider what it takes to make a proper woodshed.
The first point to consider is sheds that last for long periods of time need to be above grade to
prevent water damage and wood rot.The metal sheds that are 6 feet tall usually don't have a
foundation.The common theme with metal sheds is the plywood floors rot out because they lay directly
on the concrete making it vulnerable to rain.
At Tuff shed we offer two foundations a 2x6 galvanized steel frame and a 2x6 pressure treated
wood frame both foundations allow for our shed floor to be raised 6 inches above grade which solves
the water damage issue, but that also raises the overall shed height by 6 inches.
The next point is that when people buy a shed that costs thousands,they want to walk inside to
store their belongs and have easy access to them rather than stuff a short shed to the brim and forget
about the items inside because they will need to empty out the shed in order to get inside,this just
creates nice homes for rodents and insects.
Let's talk about what the average person stores in their shed: bikes,surfboards, holiday
decorations(which are sometime family heirlooms passed down from one generation to the next),
tools,furniture all the stuff that needs to be kept nice and out of the elements of daily weather.A 120
square foot shed is the perfect size to have room in the garage for a car or two and keep your
belongings nice.
Our doors are 4'x 67'on our sheds as a standard, not only to be able to walk inside but also so
most items fit inside without worry. In order to have a nice size door we need to have nice sized walls;
our walls are 6'8 inches so the door can be moved to any wall or part of the wall you choose for
different needs and shed locations.
I believe that the 8-foot height limit will not be enough based on these points.When we talk
about sheds lasting,we need to have a nice roof to protect the items inside without worry.We use
composite shingles which need a minimum of a 2/2 roof pitch for water run off to avoid pooling and
water damage on the roof decking.A 10x12 shed with 6'8 interior side walls,a 6-inch foundation with a
2/12 roof pitch is 8'4" at the peak height.We typically use a 4/12 roof pitch because it looks nicer which
puts us a 9'2"at the peak. Please reference the table on page two for a size chart.
Unincorporated Orange County has a 12-foot height limit with a 5-foot setback for the rear and
side property line.The setback is not a bad thing but if the shed is going to be under 10 feet it has at
least 2 feet of clearance from the property line that should not be an issue.
I will end by saying this,when people buy a shed from Tuff Shed or another shed company, not
only do they last a life time,they look great.A Tuff Shed can add value to the property and most of them
are installed as a piece of the property adding character to the landscape. We typically match the color
of the home with both paint and the roof by the choice of our customers.Sheds have come a long way
since they first came on the market,they are not a tin can storage container anymore they are a piece of
the home.Therefore a storage shed used for storage only without plumbing or electrical should be
allowed to be as tall as 10 feet if they are 120sq feet or less.
Thank you for your Time,
Jason Eason
Sales and Design Constant of Tuff Shed Anaheim.
wxLxM
6'x6'x8'6"
6'x8'x8'6"
6'x 10'x 8'6'
6'x12'x8'6"
8'x8'x8'10,
8'x 10'x 8'10'
8'x 12'x 810`
8'x14'x8'10"
8'x 16'x 810'
10'x 10'x 9'2'
10'x 12'x 9'2"