HomeMy WebLinkAboutApprove Local Coastal Program Amendment (LCPA) No 23-002 by (2) NGr 2000 Main Street,
ot Huntington Beach,CA
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City of Huntington Beach
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File #: 23-1031 MEETING DATE: 12/19/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Jennifer Villasenor, Director of Community Development
PREPARED BY: Ricky Ramos, Planning Manager
Subject:
Approve Local Coastal Program Amendment (LCPA) No. 23-002 by adopting City Council
Resolution No. 2023-61 and request its certification by the California Coastal Commission
Statement of Issue:
Transmitted for your consideration is a Resolution No. 2023-61 adopting Local Coastal Program
Amendment (LCPA) No. 23-002 to forward seven zoning text amendments that were previously
approved by the City Council to the California Coastal Commission. LCPA No. 23-002 constitutes a
minor amendment to the Huntington Beach Certified Local Coastal Program (LCP). Public hearings
were previously held for each of the amendments; thus, approval of the Resolution is an
administrative item that does not require an additional public hearing. Staff recommends approval of
LCPA No. 23-002.
Financial Impact:
Not applicable.
Recommended Action:
Approve Local Coastal Program Amendment No. 23-002 by adopting Resolution No. 2023-61, "A
Resolution of the City Council of the City of Huntington Beach Adopting Local Coastal Program
Amendment No. 23-002 and Requesting Its Certification by the California Coastal
Commission," (Attachment No. 1).
Alternative Action(s):
Alternatively, the City Council may deny LCPA No. 23-002 with findings for denial, continue it, and/or
direct staff accordingly.
1.
Analysis:
A. PROJECT PROPOSAL:
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File#: 23-1031 MEETING DATE: 12/19/2023
Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
Location: Coastal.Zone
Local Coastal Program Amendment No. 23-002 represents a request to approve Resolution 23-002
to forward to the California Coastal Commission seven zoning text amendments previously approved
by the City Council over the last few years. The specific amendments are listed below and generally
described in Attachment No. 9.
1. ZTA No. 18-002: Establish Research and Technology zoning district (Ordinance No. 4183
adopted September 3, 2019)
2. ZTA No. 19-004: Amend affordable housing ordinance (Ordinance No. 4235 adopted October
5, 2021)
3. ZTA No. 21-002: Delete Subdivision and Environmental Assessment Committees (Ordinance
No. 4230 adopted June 1, 2021)
4. ZTA No. 21-006: Establish electric vehicle charging station sign standards (Ordinance No.
4234 adopted March 1, 2022)
5. ZTA No. 22-001: Amend minor accessory structure standards (Ordinance No. 4252 adopted
June 7, 2022)
6. ZTA No. 22-002: Establish objective standards for SB 9 development projects (Ordinance No.
4259 adopted July 5, 2022).
7. ZTA No. 22-003: Amend floodplain overlay district (Ordinance No. 4258 adopted September
6, 2022)
B. BACKGROUND:
The City's certified LCP consists of two parts: the Land Use Plan/Coastal Element of the General
Plan and the Implementing Ordinances. The Implementing Ordinances include the Zoning and
Subdivision Ordinance and specific plans within the coastal zone that have been certified by the
California Coastal Commission (Downtown Specific Plan, Holly Seacliff Specific Plan, Seacliff
Specific Plan, Palm and Goldenwest Specific Plan, Magnolia Pacific Specific Plan, Windward
Specific Plan and Huntington Harbour Bay Club Specific Plan). Any changes to the Implementing
Ordinances must be forwarded to the Coastal Commission as an LCPA for certification and
incorporation into the City's LCP. Certification by the Coastal Commission is necessary for the
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ordinances to be effective in the coastal zone.
C. STAFF ANALYSIS AND RECOMMENDATION:
This LCPA represents a minor amendment to,the City's certified LCP. All the amendments have been
approved by the City Council with public hearings and no coastal related issues were brought
forward. Staff has grouped these amendments as one LCPA to minimize staff and administrative
time because they are minor from the Coastal Commission's perspective. Staff recommends that the
City Council approve LCPA No. 23-002 because it will update the City's certified LCP by incorporating
previously approved zoning text amendments and constitutes a minor amendment to the City's
certified LCP.
Environmental Status:
All of the subject zoning text amendments were analyze per the California Environmental Quality Act
(CEQA) at the time they were adopted by the City Council. The resolution to adopt LCPA No. 23-002
and forward to the Coastal Commission for certification does not require additional environmental
review and is exempt pursuant to Section 15265(a)(1) of the CEQA Guidelines, which exempts
approvals by a local government necessary for the preparation and adoption of an LCP.
Strategic Plan Goal:
Non Applicable -Administrative Item
Attachment(s):
1. Resolution No. 2023-61 for LCPA No. 23-002
2. Exhibit A Ordinance No. 4183
3. Exhibit B Ordinance No. 4235
4. Exhibit C Ordinance No. 4230
5. Exhibit D Ordinance No. 4234
6. Exhibit E Ordinance No. 4252
7. Exhibit F Ordinance No. 4259
8. Exhibit G Ordinance No. 4258
9. Summary of LCPA No. 23-002 Entitlements
10.PowerPoint Presentation
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RESOLUTION NO. 2023-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO.
23-002 AND REQUESTING ITS CERTIFICATION BY
THE CALIFORNIA COASTAL COMMISSION
WHEREAS, after notice duly given pursuant to Government Code Section 65090 and
Public Resources Code Sections 30503 and 30510,the Planning Commission and City Council of
the City of Huntington Beach held public hearings to consider the adoption of the ordinances
included in Huntington Beach Local Coastal Program Amendment No. 23-002, and such
amendment was recommended to the City Council for adoption; and
The City Council, after giving notice as prescribed by law,held at least one public meeting
on the ordinances included in the proposed Huntington Beach Local Coastal Program Amendment
No. 23-002, and the City Council finds that the proposed amendment is consistent with the
Huntington Beach General Plan,the Certified Huntington Beach Local Coastal Program(including
the Land Use Plan), and Chapter 6 of the California Coastal Act.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. That Huntington Beach Local Coastal Program Amendment No. 23-002 is
hereby approved, consisting of certain Ordinances pertaining to Zoning Text Amendments (ZTA)
as listed below:
Exhibit Ordinance Subject Description
A. No. 4183 ZTA No. 18-002 Establish Research and Technology
District, etc.
B. No. 4235 ZTA No. 19-004 Amend HBZSO Sec. 230.26 (Affordable
Housing)
C. No. 4230 ZTA No. 21-002 Amend HBZSO to eliminate
Environmental Assessment Committee and
Subdivision Committee
D. No. 4234 ZTA No. 21-006 Amend HBZSO Sec. 233.14 (Electric
Vehicle Charging Stations)
23-13682/323838
RESOLUTION NO. 2023-61
E. No. 4252 ZTA No. 22-001 Amend HBZSO regarding Accessory
Structures
F. No. 4259 ZTA No. 22-002 Add HBZSO Chapter 237 (Objective
Standards for SB 9)
G. No. 4258 ZTA No. 22-003 Amend HBZSO Chapter 222 (Floodplain
Overlay District)
Copies of the aforesaid ordinances are attached hereto as Exhibits A through G, respectively, and
are incorporated by this reference as though fully set forth herein.
SECTION 2. That the California Coastal Commission is hereby requested to consider,
approve and certify Huntington Beach Local Coastal Program Amendment No. 23-002.
SECTION 3. That pursuant to Section 13551(b) of the Coastal Commission Regulations,
Huntington Beach Local Coastal Program Amendment No. 23-002 will take effect automatically
upon Coastal Commission approval,as provided in Public Resources Code Sections 30512,30513,
and 30519.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held on the 19th day of December A. 2023.
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Mayor '-----'
ATTEST: APPROVED AS TO FORM:
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City Clerk sty Attorney P-
REVIEWED AND PRO ED: INITIATED AND APPROVED:
City Manager Dir ctlr of ommunity Development
EXHIBITS: A—G
2
Resolution No.2023-61
- Exhibit A
ORDINANCE NO. 4183 :.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTERS 204 USE CLASSIFICATIONS, 212 INDUSTRIAL DISTRICTS,
AND 231 OFF-STREET PARKING AND LOADING OF THE HUNTINGTON BEACH ;
ZONING AND SUBDIVISION ORDINANCE
(ZONING TEXT AMENDMENT NO. 18-002)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning'Commission and Huntington Beach City Council have held separate,duly noticed
public hearings to consider Zoning Text Amendment No. 18-002,which amends Chapters 204 Use
.Classifications,2.12 Industrial Districts,and 231 Off=Street Parking arid Loading of the.Huntington
Beach Zoning and.Subdivision Ordinance to establish a set of zoning`standards"for the Research
and Technology(RT) zoning district:
After due consideration of the findings and recommendations of the Planning Commission . •
and all other-evidence presented, the City Council finds that the aforesaid amendment:is proper-
and consistent with the General Plan;
NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain
as follows:
SECTION 1,.' That Chapters 204, `212, and 231 Of the Huntington"Beach. Zoning"and
Subdivision Ordinance'titled Definitions is hereby amended to read,as;set forth in Exhibits A, B.,
SECTION 2. All other provisions of Chapters 204, 212,and 231 riot modified herein shall
remain in full force and effect:
-SECTION 3.This ordinance shall become effective immediately days after its adoption.
19-7703/207726 1
100
ORDINANCE NO. 4183
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 3rd dad of` September , 2019.
Mayor
ATTEST: APPROVED FORM:
4401, qdkillia-0444)
z
City Clerk C. Attorney g.NJ
REVIEWED AND APPROVED: INITIATED AND APPROVED:
-
tki2-
$ ty Manager Director of Community Development
Exhibit A: Legislative Draft Chapter 204 Use Classifications
Exhibit B: Legislative Draft Chapter 212 Industrial Districts
Exhibit C: Legislative Draft Chapter 231 Off-Street Parking and Loading
19-7703/207726 2
101
tire. NO. .1 t $..
EXHIBIT A
Chapter 204 USE CLASSIFICATIONS
204.02 Applicability
Use classifications describe one or more uses having similar characteristics,but do not list every use or
activity that may appropriately be within the classification.The director shall determine whether a
specific use shall be deemed to be within one or more use classifications or not within any classification
in this title.The director may determine that a specific use shall not be deemed to be within a
classification,if its characteristics are substantially different than those typical of uses named within the
classification.The director's decision may be appealed to the Planning Commission. (3334-6/97)
204.04 Uses Not Classified
Any new use, or any use that cannot be clearly determined to be in an existing use classification,may be
incorporated into the zoning provisions by a Zoning and Subdivision Ordinance text amendment,as
provided in Chapter 247.Such an incorporation shall not be effective unless certified by the Coastal
Commission as a Local Coastal Program amendment.(3334-6/97)
204.06 Residential Use Classifications
A. Day Care,Limited(or Small-Family).Non-medical care and supervision of six or fewer
persons, or eight or fewer persons if two of the persons are six years of age or older, on a less than
24-hour basis. Children under the age of 10 years who reside in the home shall be counted for
purposes of these limits.This classification includes nursery schools,preschools, and day-care
centers for children and adults.
B. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for
each room or unit.This classification includes boarding houses,but excludes residential hotels or
motels.
C. Multifamily Residential.Two or more dwelling units on a site. This classification includes
manufactured homes.
D. Residential Alcohol Recovery,Limited.Twenty-four-hour care for no more than six persons
suffering from alcohol problems in need of personal services,supervision,protection or assistance.
This classification includes only those facilities licensed by the State of California.
E. Residential Care,Limited.Twenty-four-hour non-medical care for six or fewer persons in
need of personal services, supervision,protection, or assistance essential for sustaining the activities
of daily living. This classification includes only those services and facilities licensed by the State of
California.
F. Single-Family Residential.Buildings containing one dwelling unit located on a single lot.
This classification includes manufactured homes.
G. Supportive Housing.Housing with no limit on length of stay that is occupied by the target
population and is linked to on-site or off-site services that assist residents to retain the housing,
improving his or her health status,and maximizing his or her ability to live and,when possible,
work in the community. On-site and off-site services may include,but are not limited to,after-
school tutoring, child care,and career coimseling. Supportive housing uses are subject only to those
EXHIBIT A
restrictions and processing requirements that apply to other residential dwellings of the same type in
the same zone.
H. Transitional Housing. Temporary housing(generally six months to two years) for a homeless
individual or family who is transitioning to permanent housing. This type of housing includes multi-
family unit developments and often includes a supportive services component to allow individuals to
• gain necessary life skills in support of independent living. Transitional housing uses are subject only
to those restrictions and processing requirements that apply to other residential dwellings of the
same type in the same zone. (3334-6/97, 3669-12/04, 3857-2/10)
204.08 Public and Semipublic Use Classifications
A. Cemetery.Land used or intended to be used for the burial of human remains and dedicated for
cemetery purposes. Cemetery purposes include columbariums, crematoriums,mausoleums,and
mortuaries operated in conjunction with the cemetery,business and administrative offices, chapels,
flower shops, and necessary maintenance facilities.
B. Clubs and Lodges.Meeting,recreational, or social facilities of a private or nonprofit
organization primarily for use by members or guests. This classification includes union halls, social
clubs and youth centers.
C. Community and Human Service Facilities.
1. Drug Abuse Centers.Facilities offering drop-in services for persons suffering from drug
abuse,including treatment and counseling without provision for on-site residence or
confinement.
2. Primary Health Care.Medical services,including clinics, counseling and referral services,
to persons afflicted with bodily or mental disease or injury without provision for on-site
residence or confinement.
3. Emergency Kitchens.Establishments offering food for the"homeless" and others in need.
4. Emergency Shelters. Establishments offering food and shelter programs for"homeless"
people and others in need. This classification does not include facilities licensed for residential
care, as defined by the State of California,which provide supervision of daily activities.
5. Residential Alcohol Recovery, General.Facilities providing 24-hour care for more than
six persons suffering from alcohol problems,in need of personal services, supervision,
protection or assistance.
These facilities may include an inebriate reception center as well as facilities for treatment,
training,research, and administrative services for program participants and employees. This
classification includes only those facilities licensed by the State of California.
6. Residential Care, General.Twenty-four-hour non-medical care for seven or more persons,
including wards of the juvenile court,in need of personal services, supervision,protection, or
assistance essential for sustaining the activities of daily living.This classification includes only
those facilities licensed by the State of California.
EXHIBIT A
D. Convalescent Facilities.Establishments providing care on a 24-hour basis for persons
requiring regular medical attention,but excluding facilities providing surgical or emergency medical
services.
E. Cultural Institutions.Nonprofit institutions displaying or preserving objects of interest in one
or more of the arts or sciences. This classification includes libraries,museums, and art galleries.
F. Day Care,Large-Family.Non-medical care and supervision for seven to 12 persons,or up to
14 persons if two of the persons are six years of age or older on a less than 24-hour basis. Children
under the age of 10 years who reside in the home shall be counted for purposes of these limits.
G. Day Care, General.Non-medical care for 13 or more persons on a less than 24-hour basis.
This classification includes nursery schools,preschools, and day-care centers for children or adults.
H. Emergency Health Care. Facilities providing emergency medical service with no provision
for continuing care on an inpatient basis.
I. Government Offices.Administrative, clerical, or public contact offices of a government
agency, including postal facilities,together with incidental storage and maintenance of vehicles.
J. Heliports.Pads and facilities enabling takeoffs and landings by helicopter.
K. Hospitals.Facilities providing medical,surgical,psychiatric,or emergency medical services to
sick or injured persons,primarily on an inpatient basis.This classification includes incidental
facilities for out-patient treatment, as well as training,research, and administrative services for
patients and employees.
L. Maintenance and Service Facilities.Facilities providing maintenance and repair services for
vehicles and equipment, and materials storage areas. This classification includes corporation yards,
equipment service centers,and similar facilities.
M. Marinas.A boat basin with docks,mooring facilities,supplies and equipment for small boats.
N. Park and Recreation Facilities.Noncommercial parks,playgrounds,recreation facilities, and
open spaces.
O. Public Safety Facilities.Facilities for public safety and emergency services,including police
and fire protection.
P. Religious Assembly.Facilities for religious worship and incidental religious education,but not
including private schools as defined in this section.
Q. Schools,Public or Private.Educational institutions having a curriculum comparable to that
required in the public schools of the State of California.
R. Utilities,Major. Generating plants, electrical substations,above-ground electrical
transmission lines, switching buildings,refuse collection,transfer,recycling or disposal facilities,
flood control or drainage facilities,water or wastewater treatment plants,transportation or
communications utilities, and similar facilities of public agencies or public utilities.
S. Utilities,Minor. Utility facilities that are necessary to support legally established uses and
involve only minor structures such as electrical distribution lines,underground water and sewer
lines, and recycling and collection containers. (3334-6/97, 3669-12/04)
EXHIBIT A
204.10 Commercial Use Classifications
A. Ambulance Services.Provision of emergency medical care or transportation,including
incidental storage and maintenance of vehicles as regulated by Chapter 5.20.
B. Animal Sales and Services.
1. Animal Boarding.Provision of shelter and care for small animals on a commercial basis. .
This classification includes activities such as feeding, exercising,grooming, and incidental
medical care,and kennels.
2. Animal Grooming.Provision of bathing and trimming services for small animals on a
commercial basis.This classification includes boarding for a maximum period of 48 hours.
3. Animal Hospitals.Establishments where small animals receive medical and surgical
treatment.This classification includes only facilities that are entirely enclosed, soundproofed,
and air-conditioned. Grooming and temporary(maximum 30 days)boarding of animals are
included,if incidental to the hospital use.
4. Animals,Retail Sales.Retail sales and boarding of small animals,provided such activities
take place within an entirely enclosed building. This classification includes grooming,if
incidental to the retail use, and boarding of animals not offered for sale for a maximum period
of 48 hours.
5. Equestrian Centers.Establishments offering facilities for instruction in horseback riding,
including rings, stables,and exercise areas.
6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or •
remains of dead animals, including placement or erection of markers,headstones or
monuments over such places of burial.
C. Artists' Studios.Work space for artists and artisans,including individuals practicing one of
the fine arts or performing arts, or skilled in an applied art or craft.
D. Banks and Savings and Loans.Financial institutions that provide retail banking services to
individuals and businesses. This classification includes only those institutions engaged in the on-site
circulation of cash money. It also includes businesses offering check-cashing facilities.
With Drive-up Service.Institutions providing services accessible to persons who remain in •
their automobiles.
E. Building Materials and Services.Retailing,wholesaling, or rental of building supplies or
equipment.This classification includes lumber yards,tool and equipment sales or rental
establishments, and building contractors'yards,but excludes establishments devoted exclusively to
retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and
Services.
F. Catering Services.Preparation and delivery of food and beverages for off-site consumption
without provision for on-site pickup or consumption. (See also Eating and Drinking
Establishments.)
G. Commercial Filming. Commercial motion picture or video photography at the same location
more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial
Photography.)
EXHIBIT A
H. Commercial Recreation and Entertainment.Provision of participant or spectator recreation
or entertainment.This classification includes theaters, sports stadiums and arenas, amusement parks,
bowling alleys,billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated
by Chapter 5.28;ice/roller skating rinks,golf courses,miniature golf courses, scale-model courses,
shooting galleries,tennis/racquetball courts,health/fitness clubs,pinball arcades or electronic games
centers, cyber café having more than four coin-operated game machines as regulated by
Chapter 9.28; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by
Chapter 5.72.
Limited.Indoor movie theaters, game centers and performing arts theaters and health/fitness
clubs occupying less than 2,500 square feet.
I. Communications Facilities.Broadcasting,recording, and other communication services
accomplished through electronic or telephonic mechanisms,but excluding Utilities (Major).This
classification includes radio,television, or recording studios;telephone switching centers;telegraph
offices; and wireless communication facilities.
J. Eating and Drinking Establishments.Businesses serving prepared food or beverages for
consumption on or off the premises.
1. With Fast-Food or Take-Out Service.Establishments where patrons order and pay for
their food at a counter or window before it is consumed and may either pick up or be served
such food at a table or take it off-site for consumption.
a. Drive-through. Service from a building to persons in vehicles through an outdoor
service window.
b. Limited.Establishments that do not serve persons in vehicles or at a table.
2. With Live Entertainment/Dancing.An eating or drinking establishment where dancing
and/or live entertainment is allowed.This classification includes nightclubs subject to the
requirements of Chapter 5.44 of the Municipal Code.
K. Food and Beverage Sales.Retail sales of food and beverages for off-site preparation and
consumption.Typical uses include groceries,liquor stores, or delicatessens. Establishments at which
20% or more of the transactions are sales of prepared food for on-site or take-out consumption shall
be classified as Catering Services or Eating and Drinking Establishments.
With Alcoholic Beverage Sales. Establishments where more than 10% of the floor area is
devoted to sales, display and storage of alcoholic beverages.
L. Food Processing.Establishments primarily engaged in the manufacturing or processing of
food or beverages for human consumption and wholesale distribution.
M. Funeral and Interment Services.Establishments primarily engaged in the provision of
services involving the care,preparation or disposition of human dead other than in cemeteries.
Typical uses include crematories, columbariums, mausoleums or mortuaries.
N. Horticulture.The raising of fruits,vegetables,flowers,trees, and shrubs as a commercial
enterprise.
O. Laboratories.Establishments providing medical or dental laboratory services; or
establishments with less than 2,000 square feet providing photographic, analytical,or testing
services. Other laboratories are classified as Limited Industry.
EXHIBIT A
P. Maintenance and Repair Services.Establishments providing appliance repair, office machine
repair, or building maintenance services. This classification excludes maintenance and repair of
vehicles or boats; see(Vehicle/Equipment Repair).
Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or
related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales,
boat yards,boat docks, and sail-making lofts. • •
R. Reserved.
S. Nurseries. Establishments in which all merchandise other than plants is kept within an
enclosed building or a fully screened enclosure,and fertilizer of any type is stored and sold in
package form only.
T. Offices,Business and Professional. Offices of fines or organizations providing professional,
executive,management, or administrative services, such as architectural,engineering, graphic
design,interior design,real estate,insurance,investment,legal,veterinary, and medical/dental
offices.This classification includes medical/dental laboratories incidental to an office use,but
excludes banks and savings and loan associations.
U. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand
merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the
Municipal Code.
V. Personal Enrichment Services.Provision of instructional services or facilities,including
photography, fine arts, crafts, dance or music studios;driving schools,business and trade schools,
and diet centers,reducing salons,fitness studios, and yoga or martial arts studios.
W. Personal Services.Provision of recurrently needed services of a personal nature. This
classification includes barber and beauty shops, seamstresses,tailors, shoe repair shops,dry- •
cleaning businesses(excluding large-scale bulk cleaning plants),photo-copying, self-service
laundries, and massage as regulated by Chapter 5.24.
X. Research and Development Services. Establishments primarily engaged in industrial or
scientific research, including limited product testing. This classification includes electron research
firms or pharmaceutical research laboratories,but excludes manufacturing, except of prototypes, or
medical testing and analysis.
Y. Retail Sales. The retail sale of merchandise not specifically listed under another use
classification.This classification includes department stores,drug stores,clothing stores, and
furniture stores,and businesses retailing the following goods:toys,hobby materials,handcrafted
items,jewelry,cameras,photographic supplies,medical supplies and equipment, electronic
equipment,records,sporting goods, surfing boards and equipment,kitchen utensils,hardware,
appliances, antiques, art supplies and services,paint and wallpaper, carpeting and floor covering,
office supplies,bicycles, and new automotive parts and accessories (excluding service and
installation).
Z. Secondhand Appliances and Clothing Sales.The retail sale of used appliances and clothing
by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops
primarily engaged in the sale of used furniture and accessories other than appliances,but includes
junk shops.
AA. Sex-Oriented Businesses.Establishments as regulated by Chapter 5.70; and figure model
studios as regulated by Chapter 5.60.
345
107
EXHIBIT A
BB. Swap Meets,Indoor/Flea Markets.An occasional,periodic or regularly scheduled market
held within a building where groups of individual vendors offer goods for sale to the public.
CC. Swap Meets,Recurring.Retail sale or exchange of handcrafted or secondhand merchandise
for a maximum period of 32 consecutive hours,conducted by a sponsor on a more than twice yearly
basis.
DD. Tattoo Establishment.Premises used for the business of marking or coloring the skin with
tattoos as regulated by Chapter 8.70.
EE. Travel Services.Establishments providing travel information and reservations to individuals
and businesses. This classification excludes car rental agencies.
FF. VehicIe/Equipment Sales and Services.
1. Automobile Rentals.Rental of automobiles,including storage and.incidental
maintenance,but excluding maintenance requiring pneumatic lifts.
2. Automobile Washing.Washing,waxing, or cleaning of automobiles or similar light
vehicles.
3. Commercial Parking Facility:Lots offering short-term or long-term parking to the public
for a fee.
4. Service Stations.Establishments engaged in the retail sale of gas,diesel fuel,lubricants,
parts, and accessories.This classification includes incidental maintenance and minor repair of
motor vehicles,but excluding body and fender work or major repair of automobiles,
motorcycles,light and heavy trucks or other vehicles.
5. Vehicle/Equipment Repair.Repair of automobiles,trucks,motorcycles,mobile homes,
recreational vehicles, or boats,including the sale, installation, and servicing of related
equipment and parts. This classification includes auto repair shops,body and fender shops,
transmission shops,wheel and brake shops, and tire sales and installation,but excludes vehicle
dismantling or salvage and tire retreading or recapping.
Limited.Light repair and sale of goods and services for vehicles, including brakes,
muffler,tire shops,oil and lube, and accessory uses,but excluding body and fender
shops,upholstery,painting, and rebuilding or reconditioning of vehicles.
6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles,motorcycles,trucks,
tractors, construction or agricultural equipment,manufactured homes,boats, and similar
equipment,including storage and incidental maintenance.
7. Vehicle Storage.The business of storing or safekeeping of operative and inoperative
vehicles for periods of time greater than a 24 hour period,including,but not limited to,the
storage of parking tow-aways,impound yards, and storage lots for automobiles,trucks,buses
and recreational vehicles,but not including vehicle dismantling.
GG. Visitor Accommodations.
1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a
converted single-family or multi-family dwelling or a building of residential design,with
incidental eating and drinking service for lodgers only provided from a single kitchen.
2. Hotels and Motels.Establishments offering lodging on a weekly or less than weekly
basis.Motels may have kitchens in no more than 25% of guest units, and"suite"hotels may
EXHIBIT A
have kitchens in all units. This classification includes eating, drinking, and banquet service
associated with the facility.
3. Condominium-Hotel.Facility providing overnight visitor accommodations where
ownership of at least some of the individual guestrooms (units)within the larger building or
complex is in the form of separate condominium ownership interests, as defined in
• California Civil Code Section 1351(f). The primary function of the Condominium-Hotel is to
provide overnight transient visitor accommodations within every unit that is available to the
general public on a daily basis year-round,while providing both general public availability and
limited owner occupancy of those units that are in the form of separate condominium
ownership interests.
4. Fractional Ownership Hotel.Facility providing overnight visitor accommodations where
at least some of the guestrooms(units)within the facility are owned separately by multiple
owners on a fractional time basis.A fractional time basis means that an owner receives
exclusive right to use of the individual unit for a certain quantity of days per year and each unit
available for fractional ownership will have multiple owners.
HH. Warehouse and Sales Outlets.Businesses which store large inventories of goods in
industrial-style buildings where these goods are not produced on the site but are offered to the public
for sale.
II. Quasi Residential.
1. Residential Hotels.Buildings with six or more guest rooms without kitchen facilities in
individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended
for occupancy on a weekly or monthly basis.
2. Single Room Occupancy.Buildings designed as a residential hotel consisting of a cluster
of guest units providing sleeping and living facilities in which sanitary facilities and cooking
facilities are provided within each unit;tenancies are weekly or monthly.
3. Timeshare.Any arrangement,plan, or similar program, other than an exchange program,
whereby a purchaser receives ownership rights in or the right to use accommodations for a
period of time less than a full year during any given year, on a recurring basis for more than
one year,but not necessarily for consecutive years. (3334-6/97, 3378-2/98, 3568-9/02,3669-
12/04, 3757-1/07, 3774-10/07,3788-12/07, 3842-11/09)
204.12 Industrial Use Classifications
A. Industry,Custom.Establishments primarily engaged in on-site production of goods by hand
manufacturing involving the use of hand tools and small-scale equipment.
Small-Scale.Includes mechanical equipment not exceeding two horsepower or a single kiln not
exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced
on-site. Typical uses include ceramic studios, candle-making shops, and custom jewelry
manufacture.
B. Industry,General.Manufacturing of products,primarily from extracted or raw materials, or
bulk storage and handling of such products and materials.Uses in this classification typically
involve a high incidence of truck or rail traffic, and/or outdoor storage of products,materials,
equipment,or bulk fuel. This classification includes chemical manufacture or processing, food
. 1049
EXHIBIT A
processing and packaging, laundry and dry cleaning plants, auto dismantling within an enclosed
building,stonework and concrete products manufacture(excluding concrete ready-mix plants),
small animal production and processing within an enclosed building, and power generation.
C. Industry,Limited.Manufacturing of finished parts or products,primarily from previously
prepared materials; and provision of industrial services,both within an enclosed building. This
•
classification in-
cludes processing, fabrication, assembly,treatment,and packaging,but excludes basic industrial
processing from raw materials and Vehicle/Equipment Services,but does allow food processing for
human consumption.
D. Industry,Research and Development. Establishments primarily engaged in the research,
development, and controlled production of high-technology electronic,industrial or scientific
products or commodities for sale,but prohibits uses that may be objectionable in the opinion of the
director,by reason of production of offensive odor, dust,noise,vibration,or in the opinion of the
Fire Chief by reason of storage of hazardous materials.Uses include aerospace and biotechnology
firms, and non-toxic computer component manufacturers.
1. This classification also includes assembly,testing and repair of components,devices,
equipment,systems,parts and components such as but not limited to the following: coils,
tubes, semi-conductors; communication,navigation, guidance and control equipment; data
processing equipment; filing and labeling machinery; glass edging and silvering equipment;
graphics and art equipment;metering equipment; optical devices and equipment;photographic
equipment;radar,infrared and ultraviolet equipment;radio and television equipment.
2. This classification also includes the manufacture of components, devices, equipment,
parts and systems which includes assembly, fabricating,plating and processing,testing and
repair, such as but not limited to the following:machine and metal fabricating shops, model
and spray painting shops, environmental test,including vibration analysis, cryogenics,and
related functions,plating and processing shops,nuclear and radioisotope.
3. This classification also includes research and development laboratories including
biochemical and chemical development facilities for national welfare on land, sea, or air; and
facilities for film and photography,metallurgy;pharmaceutical, and medical and x-ray
research.
E. Wholesaling,Distribution and Storage. Storage and distribution facilities without sales to the
public on-site or direct public access except for recycling facilities and public storage in a small
individual space exclusively and directly accessible to a specific tenant. This classification includes
mini-warehouses.
F. Alcoholic Beverage Manufacturing. The manufacture or production of beer,wine, cider, or
distilled spirits by any person licensed by the Department of Alcoholic Beverage Control of the
State of California and includes the sale or distribution of said products both within and without the
jurisdiction of the City.
G. RT Flex Space. Any combination of manufacturing, research and development,testing,
distribution,warehouse and storage space,including retail and/or showroom(max 10% gross floor
area), eating and drinking(max 10% gross floor area), and offices (max. 30% gross floor area) are
permitted by right when complying with a minimum 1 parking space per 500 gross square feet
parking requirement. (3334-6/97)
EXHIBIT A
204.14 Accessory Use Classifications
Accessory Uses and Structures.Uses and structures that are incidental to the principal permitted or
conditionally permitted use or structure on a site and are customarily found on the same site. This
classification includes detached or attached garages,home occupations, caretakers' units, and dormitory
type housing for industrial commercial workers employed on the site, and accessory dwelling units.
(3334-6/97).
204.16 Temporary Use Classifications
A. Animal Shows. Exhibitions of domestic or large animals for a maximum of seven days.
B. Festivals,Circuses and Carnivals.Provision of games, eating and drinking facilities,live
entertainment, animal exhibitions,or similar activities in a tent or other temporary structure for a
maximum of seven days.This classification excludes events conducted in a permanent
entertainment facility.
C. Commercial Filming,Limited. Commercial motion picture or video photography at a specific
location six or fewer days per quarter of a calendar year. (See also Chapter 5.54, Commercial
Photography.)
D. Personal Property Sales. Sales of personal property by a resident("garage sales")for a period
not to exceed 48 consecutive hours and no more than once every six months.
E. Real Estate Sales. An office for the marketing, sales, or rental of residential, commercial, or
industrial development. This classification includes "model homes."
F. Retail Sales,Outdoor.Retail sales of new merchandise on the site of a legally established
retail business for a period not to exceed 96 consecutive hours (four days)no more than once every
three months.
G. Seasonal Sales.Retail sales of seasonal products, including Christmas trees,Halloween
pumpkins and strawberries.
H. Street Fairs.Provision of games, eating and drinking facilities,live entertainment, or similar •
activities not requiring the use of roofed structures.
I. Trade Fairs.Display and sale of goods or equipment related to a specific trade or industry for
a maximum period of five days per year.
J. Temporary Event.Those temporary activities located within the coastal zone that do not
qualify for an exemption pursuant to Section 245.08.
K. Tent Event.Allows for the overflow of any assembly for a period not to exceed 72 consecutive
hours and not more than once every three months. (3334-6/97, 3521-2/02, 3669-12/04, 3724-2/06)
204.18 Prohibited Uses—Medical Marijuana Businesses
A. Purpose.In order to expressly inform the public that any distribution of marijuana by Medical
Marijuana Businesses, Collectives, Cooperatives or Dispensaries,etc., is prohibited in the City of
Huntington Beach,the City is adding this express prohibition to the Zoning and Subdivision
Ordinance.
B. Definitions.For purposes of this section,the following term is defined:
' 1�
EXHIBIT A
1. Medical Marijuana Business, Collective,Cooperative or Dispensary means any
- location, structure,facility,vehicle,business, store, co-op,residence, or similar facility used,in
full or in part, as a place at or in which marijuana is sold, traded, exchanged,bartered for in
any'way, made available,located, stored, displayed,placed or cultivated,including any of the
foregoing if used in connection with the distribution of marijuana.
C. Medical Marijuana Businesses,Collectives, Cooperatives or Dispensaries.A Medical •
Marijuana Business,Collective, Cooperative or Dispensary or any other such business,no matter
how so named,is not a permitted use in any zoning district or specific plan in the City.It shall be
unlawful for any person or entity to own,manage, establish, conduct or operate a Medical Marijuana
Business,Collective, Cooperative or Dispensary.Also, it shall be unlawful for any person to permit
to be established, conducted, operated, owned or managed as a landlord, owner, employee,
contractor, agent or volunteer, or in any other manner or capacity,any Medical Marijuana Business,
Collective, Cooperative or Dispensary in the City.
D. Public Nuisance.Any use or condition caused or permitted to exist in violation of any of the
provisions of this article is hereby declared a public nuisance and may be abated by the City.
E. Enforcement.
1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance
is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code
including the Zoning and Subdivision Ordinance.
2. Nothing in this article in any way limits any other remedies that may be available to the
City, or any penalty that may be imposed by the City, for violations of this article. Such
additional remedies include,but are not limited to,injunctive relief or administrative citations.
(4059-5/15,4058-6/15,4137-10/17)
204.20 Prohibited Uses—Commercial Non-Medical Marijuana Businesses and Deliveries
A. Purpose.In order to expressly inform the public that any sale or distribution of non-medical
marijuana by Commercial Non-Medical Marijuana Businesses, Collectives, Cooperatives or
Dispensaries, etc.,however named is prohibited in the City of Huntington Beach,the City is adding
this express prohibition to the Zoning and Subdivision Ordinance.
B. Definitions.Unless otherwise specifically defined herein,the definitions contained within
Adult Use of Marijuana Act shall apply to this Ordinance.
1. Commercial Non-Medical Marijuana Business,Collective,Cooperative or
Dispensary means any location, structure,facility,vehicle,business, store, co-op,residence,
or similar facility used,in full or in part, as a place at or in which marijuana(including
marijuana for recreational use)is sold,traded,exchanged,bartered for in any way,made
available,located, stored, displayed,placed or cultivated,including any of the foregoing if
used in connection with the sale or distribution of non-medical marijuana.
2. Non-medical marijuana delivery means the commercial transfer of non-medical
marijuana or non-medical marijuana products to a person,including any technology that
enables persons to arrange for or facilitate the commercial transfer of non-medical marijuana
or non-medical marijuana products.
10
EXHIBIT A
3. Non-medical marijuana products means non-medical marijuana that has undergone a
process whereby the plant material has been transformed into a concentrate,including,but not
limited to, concentrated cannabis, or an edible or topical product containing marijuana or
concentrated cannabis and other ingredients.
C. Commercial Non-Medical Marijuana Businesses,Collectives, Cooperatives or
Dispensaries:A Commercial Non-Medical Marijuana Business,Collective, Cooperative or •
Dispensary or any other such business,no matter how so named, is not a permitted use in any
zoning district or specific plan in the City.It shall be unlawful for any person or entity to own,
manage, establish, conduct or operate a Commercial Non-Medical Marijuana Business, Collective,
Cooperative or Dispensary. Also,it shall be unlawful for any person to permit to be established,
conducted, operated, owned or managed as a landlord,owner, employee, contractor, agent or
volunteer, or in any other manner or capacity, any Commercial Non-Medical Marijuana Business,
Collective,Cooperative or Dispensary in the City.
D. Non-Medical Marijuana Deliveries. Delivery of non-medical marijuana is not a permitted use
in any zoning district or specific plan in the City.No permit or any other applicable license or
entitlement for use,nor any business license, shall be approved or issued for the establishment,
maintenance or operation of non-medical marijuana deliveries.
E. Public Nuisance.Any use or condition caused or permitted to exist in violation of any of the
provisions of this section is hereby declared a public nuisance and may be abated by the City.
F. Enforcement.
1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance
is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code
including the Zoning and Subdivision Ordinance.
2. Nothing in this section in any way limits any other remedies that may be available to the
City, or any penalty that may be imposed by the City, for violations of this section. Such
additional remedies include,but are not limited to,injunctive relief or administrative citations.
(4137-10/17)
204.22 Non-Medical Marijuana Cultivation
A. Purpose.The purpose and intent of this section is to regulate the cultivation of non-medical
marijuana in a manner that protects the health, safety and welfare of the community. Health and
Safety Code section 11362.2 authorizes the City to adopt reasonable regulations regarding the
• cultivation of non-medical marijuana inside a private residence or accessory structure to a private
residence.That section also authorizes the City to completely prohibit the cultivation of non-medical
marijuana outside, as long as the California Attorney General has not made a determination that the
non-medical use of marijuana is lawful in California under federal law.The Attorney General has
not made such a determination.
This section is not intended to interfere with the right of an individual 21 years of age or older to
possess or cultivate non-medical marijuana, as provided for by Proposition 64. This section is not
intended to give any person independent legal authority to grow non-medical marijuana;it is
•
intended simply to impose reasonable regulations on the cultivation of non-medical marijuana when
cultivation is authorized by California law.
11
EXHIBIT A
Furthermore,it is the purpose and intent of this section to require that non-medical marijuana
allowed to be cultivated pursuant to Proposition 64 only be done so in appropriately secured,
enclosed, and ventilated structures, so as not to be visible to the general public;to provide for the
health, safety and welfare of the public;to prevent odor created by non-medical marijuana plants
from impacting adjacent properties;and to ensure that marijuana grown in the City remains secured.
B. Definitions.For the purposes of this section,the following definitions shall apply unless the •
context clearly indicates otherwise.If a word is not defined in this section, and not otherwise
defined in state law,the common and ordinary meaning of the word shall apply.
1. Cultivation means the planting,growing,harvesting, drying or processing of marijuana
plants or any part thereof.
2. Fully enclosed and secure structure means a space within a building that complies with
the applicable Building Code and Zoning and Subdivision Ordinance, and has a complete roof
enclosure supported by connecting walls extending from the ground to the roof,a foundation
slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure
against unauthorized entry, and is accessible only through one or more lockable doors.Walls
and roof must be constructed of solid materials that cannot be easily broken through, and must
be constructed with non-transparent material.
3. Indoors means inside a fully enclosed and secure structure or within a residential
structure.
4. Non-medical marijuana means marijuana that is intended to be used for non-medical
purposes pursuant to Health and Safety Code section 111362.1 et seq.
5. Non-medical marijuana cultivation means the planting, growing,harvesting, drying or
processing of non-medical marijuana plants or any part thereof pursuant to Health and Safety
Code section 11362.1 et seq., as those sections may be amended from time to time.
6. Outdoors means any location within the City that is not within a fully enclosed and
secure structure.
7. Person means any individual,partnership,co-partnership, firm,association,joint stock
company, corporation, limited liability corporation, collective, cooperative, or combination
thereof in whatever form or.character.
8. Private residence means a house, an apartment unit, a mobile home or other similar
dwelling.
C. Cultivation of non-medical marijuana.The following regulations shall apply to the
cultivation of non-medical marijuana within the City:
1. Cultivation not in compliance with this section.It is declared to be unlawful and a
public nuisance for any person owning,leasing,occupying or having charge or possession of
any parcel or premises within any zoning district or specific plan in the City to cultivate non-
medical marijuana except as provided for in this Code.No person other than an individual 21
years of age or older may engage in the cultivation of non-medical marijuana.
2. Outdoor cultivation.It is unlawful and a public nuisance for any person owning,leasing,
occupying, or having possession of any legal parcel or premises within any zoning district or
specific plan in the City to cause or allow such parcel or premises to be used for the outdoor
cultivation of non-medical marijuana.
EXHIBIT A
3. Indoor cultivation. Indoor cultivation of non-medical marijuana is prohibited in all
zoning districts and specific plans of the City, except for residential zones,mixed use zones, or
in commercial zones,when such cultivation occurs on a parcel or premises with an approved
private residence.All cultivation must be in compliance with this section and state law.
4. Indoor cultivation in private residence.The indoor cultivation of non-medical
marijuana in a residential zone,mixed use zone, or in a commercial zone on a parcel or
premises with an approved private residence, shall only be conducted within a fully enclosed
and secure structure or within a residential structure. Such cultivation shall be in conformance
with the following minimum standards:
a. The primary use of the property shall be for a residence.Non-medical marijuana
cultivation is prohibited as a home occupation.
b. All areas used for cultivation of non-medical marijuana shall comply with the
Huntington Beach Municipal Code including the Zoning and Subdivision Ordinance, as
well as applicable law.
c. Indoor grow lights shall not exceed 1,200 watts per light,and shall comply with the
California Building,Electrical and Fire Codes as adopted by the City. Lights shall be
located away from combustible materials and a minimum of 30 inches from fire
sprinklers.
d. The use of gas products (CO2,butane,propane,natural gas, etc.) or generators for
cultivation of non-medical marijuana is prohibited.
e. Any fully enclosed and secure structure or residential structure used for the
cultivation of non-medical marijuana must have a ventilation and filtration system
installed that shall prevent marijuana plant odors from exiting the interior of the structure
and that shall comply with the Huntington Beach Municipal Code,including the Zoning
and Subdivision Ordinance.
f. A fully enclosed and secure structure used for the cultivation of non-medical
marijuana shall be located in the rear yard area of the parcel or premises, and must
maintain a minimum 10-foot setback from any property line as well as any other
applicable development standards of the zoning district. The yard where the fully
enclosed and secure structure is maintained must be enclosed by a solid fence at least six
feet in height.This provision shall not apply to cultivation occurring in a garage.
g. Adequate mechanical locking or electronic security systems must be installed as part
of the fully enclosed and secure structure or the residential structure prior to the
commencement of cultivation.
h. Non-medical marijuana cultivation shall be limited to six marijuana plants per
private residence,regardless of whether the marijuana is cultivated inside the residence or
a fully enclosed and secure structure.The limit of six plants per private residence shall
apply regardless of how many individuals reside at the private residence.
i. The residential structure shall remain at all times a residence,with legal and
functioning cooking, sleeping and sanitation facilities with proper ingress and egress.
These rooms shall not be used for non-medical marijuana cultivation where such
cultivation will prevent their primary use for cooking of meals, sleeping and bathing.
j. Cultivation of non-medical marijuana shall only take place on impervious surfaces. •
EXHIBIT A
k. From a public right-of-way,there shall be no exterior evidence of non-medical
marijuana cultivation occurring on the parcel.
1. Non-medical marijuana cultivation area,whether in a fully enclosed and secure
structure or inside a residential structure, shall not be accessible to persons under 21 years
of age.
•
m. Written consent of the property owner to cultivate non-medical marijuana within the
residential structure shall be obtained and shall be kept on the premises, and available for
inspection by the Chief of Police or his/her designee.
n. A 2A:10B:C portable fire extinguisher that complies with the regulations and
standards adopted by the state fire marshal and applicable law, shall be kept in the fully
enclosed and secure structure used for cultivation of non-medical marijuana. If
cultivation occurs in a residential structure,the portable fire extinguisher shall be kept in
the same room where the cultivation occurs.
D. Public Nuisance.Any use or condition caused or permitted to exist in violation of any of the
provisions of this section is hereby declared a public nuisance and may be abated by the City.
E. Enforcement.
1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance
is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code
including the Zoning and Subdivision Ordinance.
2. Nothing in this section in any way limits any other remedies that may be available to the
City, or any penalty that may be imposed by the City, for violations of this section. Such
additional remedies include,but are not limited to,injunctive relief or administrative citations.
(4137-10/17)
• 454
6/M. NO. tii ass
Exhibit B
Chapter 212 I INDUSTRIAL DISTRICTS
212.02 Industrial Districts Established
Three Two Iindustrial zoning districts are established by this chapter as follows:
A. The IG General Industrial District provides sites for the full range of manufacturing,
industrial processing,resource and energy production,general service, and distribution.
B. The IL Limited Industrial District provides sites for moderate-to low-intensity industrial
uses, commercial services and light manufacturing. (3254-10/94,4039-12/14)
C. The RT Research and Technology District provides sites for manufacturing,research
and development,technology,and professional offices in addition to traditional
industrial uses.
These three districts will herein be referred to as the"Industrial Districts."
212.04 IG,and-IL,and RT Districts—Land Use Controls
In the following schedules, letter designations are used as follows:
"P"designates use classifications permitted in the Industrial dDistricts.
"L"designates use classifications subject to certain limitations prescribed by the"Additional
Provisions"which follow.
"PC"designates use classifications permitted on approval of a conditional use permit by the
Planning Commission.
"ZA"designates use classifications permitted on approval of a conditional use permit by the Zoning
Administrator.
"TU"designates use classifications allowed upon approval of a temporary use permit by the Zoning
Administrator.
"P/U"for an accessory use means that the use is permitted on the site of a permitted use,but
requires a conditional use permit on the site of a conditional use.
Use classifications that are not listed are prohibited.Letters in parentheses in the"Additional Provisions"
column refer to requirements following the schedule or located elsewhere in this zoning code. Where
letters in parentheses are opposite a use classification heading,referenced provisions shall apply to all use
classifications under the heading.
IGi-and IL,and RT Districts: Land Use Controls
P=Permitted
L=Limited(see Additional Provisions)
PC=Conditional use permit approved by Planning Commission
ZA=Conditional use permit approved by Zoning Administrator
TU=Temporary use permit
P/U=Requires conditional use permit on site of conditional use
-=Not Permitted
1
117
Exhibit B
Additional
IG IL RT Provisions
Residential
Group Residential PC PC PC (I)
Public and Semipublic •
(A)(L)
Community and Human Service Facilities P P P (K)
Day Care,General ZA ZA ZA
Heliports PC PC PC (N)
Maintenance&Service Facilities ZA ZA ZA
Public Safety Facilities P P P
Religious Assembly ZA ZA ZA
Schools,Public or Private L-6 L-6 L-6
Utilities,Major PC PC PC
Utilities,Minor L-7 L-7 L-7 (0)
Commercial Uses (D)(L)
Ambulance Services ZA ZA ZA
Animal Sales and Services
Animal Boarding ZA ZA ZA
Animal Hospitals ZA ZA ZA
Artists' Studios P P P
Banks and Savings and Loans L-1 L-1 L-1
Building Materials and Services P P P
Catering Services - P P
Commercial Filming ZA ZA ZA
Commercial Recreation and Entertainment L-2 L-2 PC
Communication Facilities L-12 L-12 L-12
Eating&Drinking Establishments L-3 L-2 L=2 L-2
w/Live Entertainment ZA ZA ZA (R)(T-)
w/Alcohol ZA ZA ZA
Food&Beverage Sales ZA ZA ZA
Hospitals and Medical Clinics - PC PC
Laboratories P P P
2
118
Exhibit B
Additional
IG IL RT Provisions
Maintenance&Repair Services P P P
Marine Sales and Services P P P
Nurseries P P P
Offices,Business&Professional 1,1 L-10 1.4 L-10 L-10 Lc).(�}
Personal Enrichment L-9 L-9 L-9 (T)
Personal Services L-1 L-1 L-1
Quasi-Residential PC PC PC (J)
Research&Development Services P P P
Sex-Oriented Businesses(regulated by Ch. 5.70) L-11 L-11 L-11
Sex-Oriented Businesses(regulated by Ch. 5.60) PC PC PC (Q)
Swap Meets,Indoor/Flea Markets PC PC PC (P)
Vehicle/Equipment Sales&Services
Service Stations L-4 L-4 L-4
Vehicle/Equipment Repair P P P
Vehicle/Equipment Sales/Rentals L-5 L-5 L-5
Vehicle Storage P ZA PC (H)'2*
Visitor Accommodations ZA ZA ZA
Warehouse and Sales Outlets L-8 L-8 L-8
Industrial(See Chapter 204) (B)(L)(M)
Industry, Custom P P P
Industry, General P P P
Industry,Limited P P P
Industry,R&D P P P
Wholesaling,Distribution&Storage P P
150,000 square feet or less P P P
Greater than 150,000 square feet P P ZA
RT Flex Space - - P
Alcoholic Beverage Manufacturing P P P (L-13)
Accessory Uses
Accessory Uses and Structures P/U P/U P/U (C)
3
119
Echibit B
Additional
iIG IL RT Provisions
Temporary Uses
Commercial Filming,Limited 'P P P (S)
Real Estate Sales P •
P P
Trade Fairs P P P (E)
Nonconforming Uses (F)
IG, and IL,and RT Districts: Additional Provisions
L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for a
mixed use project,subject to the following requirements:
A. Minimum site area:three acres.
B. Maximum commercial space: 35%of the gross floor area and 50%of the ground floor
area of buildings fronting on an arterial highway.
C. Phased development: 25%of the initial phase must be designed for industrial occupancy.
For projects over 500,000 square feet,the initial phase must include five percent of the total
amount of industrial space or 50,000 square feet of industrial space,whichever is greater.
L-2
Permitted only when designed and oriented operated for principal use by employees of the
surrounding industrial development as an ancillary use to a primary industrial use.er-wWhen
designed for general public use, permitted after considering vehicular access and complying with
minimum parking requirements.
L-3 Reserved.Allowed-tipefr-iipproval-of-a-eenditional-use-permit-bthe-Zoning
A d + + h C + d' o str ct.. nda 1n ild:n bu gpr ,:ded
t1 e l or of th t1 ti ed b ch
L-4 Only fueling stations offering services primarily oriented to businesses located in an
Industrial District are allowed with a conditional use permit by the Planning Commission.
L-5 No new or used automobile,truck or motorcycle retail sales are permitted.
L-6 Only schools offering higher education curriculums are allowed with conditional use permit
approval by the Planning Commission.No day care;elementary or secondary schools are permitted.
L-7 Recycling operations as an accessory use are permitted if more than 150 feet from R districts;
recycling operations as an accessory use less than 150 feet from R districts or recycling operations
as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator.
See Section 230.44,Recycling Operations.
L-8 Allowed upon conditional use permit approval by the Planning Commission when a single
building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The.
primary tenant shall occupy a minimum 95% of the floor area and the remaining 5%may be
occupied by secondary tenants.
4
120
Exhibit B
L-9 Permitted if the space is 5,000 square feet or less; allowed by Neighberhoodotifiention
conditional use permit from the Zoning Administrator if the space is
over 5,000 square feet.
L-10 Wire&Accessory administrative,management,regional or headquarters offices
incidental to a primary industrial use within the IG and IL Districts are limited to 10% of the
floor area of the primary industrial use.Accessory office uses incidental to a primary use
within the RT District are limited to 30% of the floor area of the primary use.
Accessory office spaces exceeding the limits above shall require a conditional use permit to the
Zoning Administrator supported by a parking demand study for all uses on site.
Medical/dental offices,insurance brokerage offices,and real estate brokerage offices,except
for on-site leasing offices,are not permitted in any Industrial District.
L-11 Allowed subject to the following requirements:
A. A proposed sex-oriented business shall be at least 500 feet from any residential use,
school,park and recreational facility, or any building used for religious assembly(collectively
referred to as a"sensitive use")and at least 750 feet from another sex-oriented business.For
purposes of these requirements,all distances shall be measured from the lot line of the
proposed sex-oriented business to the lot line of the sensitive use or the other sex-oriented
business.The term"residential use"means any property zoned RL,RM,RMH,RH,RMP, and
any properties with equivalent designations under any specific plan.
To determine such distances the applicant shall submit for review a straight line drawing
depicting the distances from the lot line of the parcel of land on which the sex-oriented
business is proposed which includes all the proposed parking and:
1. The lot line of any other sex-oriented business within 750 feet of the lot line of the
proposed sex-oriented business; and
2. The lot line of any building used for religious assembly, school, or park and
recreational facility within 500 feet of the lot line of the proposed sex-oriented business;
and
3. The lot line of any parcel of land zoned RL,RM,RMH,RH,and RMP and any
parcels of land with equivalent designations under any specific plans within 500 feet of
the lot line of the proposed sex-oriented business.
B. The front façade of the building, including the entrance and signage, shall not be visible
from any major,primary or secondary arterial street as designated by the circulation element of
the General Plan adopted May 1996,with the exception of Argosy Drive.
C. Prior to or concurrently with applying for a building permit and/or a certificate of
occupancy for the building,the applicant shall submit application for Community
Development Department staff review of a sex-oriented business zoning permit with the
drawing described in subsection A, a technical site plan,floor plans and building elevations,
and application fee. Within 10 days of submittal,the director shall determine if the application
is complete.If the application is deemed incomplete,the applicant may resubmit a completed
application within 10 days.Within 30 days of receipt of a completed application,the director
shall determine if the application complies with the applicable development and performance
standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include
but are not limited to the following:
5
121
Exhibit B
1. Chapter 203,Definitions; Chapter 212,Industrial Districts; Chapter 230, Site
Standards; Chapter 231,Off-Street Parking and Loading Provisions; Chapter 232,
Landscape Improvements;and Chapter 236,Nonconforming Uses and Structures.
2. Section 233.08(B), Signs. Signage shall conform to the standards of the Huntington
Beach Zoning and Subdivision Ordinance except
a. Such signs shall contain no suggestive or graphic language,photographs,
silhouettes,drawings, statues,monuments, sign shapes or sign projections, or other
graphic representations,whether clothed or unclothed, including without limitation
representations that depict"specified anatomical areas"or"specified sexual
activities"; and
b. Only the smallest of the signs permitted under Section 233.08(B)shall be
visible from any major,primary or secondary arterial street, such streets shall be
those designated in the circulation element of the General Plan adopted May 1996,
with the exception of Argosy Drive.
3. Compliance with Huntington Beach Municipal Code Chapter 5.70.
D. The director shall grant or deny the application for a sex-oriented business zoning permit
for a sex-oriented business. There shall be no administrative appeal from the granting or denial
of a permit application thereby permitting the applicant to obtain prompt judicial review.
E. Ten working days prior to submittal of an application for a sex-oriented business zoning
permit for staff review,the applicant shall: (1)cause notice of the application to be printed in a
newspaper of general circulation; and(2)give mailed notice of the application to property
owners within 1,000 feet of the proposed location of the sex-oriented business;and the City of
Huntington Beach,Department of Community Development by first class mail.
The notice of application shall include the following:
1. Name of applicant;
2. Location of proposed sex-oriented business,including street address(if known)
and/or lot and tract number;
3. Nature of the sex-oriented business, including maximum height and square footage
of the proposed development;
4. The City Hall telephone number for the Department of Community Development to
call for viewing plans;
5. The date by which any comments must be received in writing by the Department of
Community Development.This date shall be 10 working days from staff review
submittal;and
6. The address of the Department of Community Development.
F. A sex-oriented business may not apply for a variance pursuant to Chapter 241 nor a
special sign permit pursuant to Chapter 233.
G. A sex-oriented business zoning permit shall become null and void one year after its date
of approval unless:
1. Construction has commenced or a certificate of occupancy has been issued,
whichever comes first;or
2. The use is established.
6
122
Exhibit B
H. The validity of a sex-oriented business zoning permit shall not be affected by changes in
ownership or proprietorship provided that the new owner or proprietor promptly notifies the
director of the transfer.
I. A sex-oriented business zoning permit shall lapse if the exercise of rights granted by it is
discontinued for 12 consecutive months.
L-12 For wireless communication facilities see Section 230.96,Wireless Communication Facilities.
All other communication facilities permitted.
L-13 Alcoholic Beverage Manufacturing Requirements
1. Alcoholic Beverage Manufacturing uses without eating and drinking for public
sales or service are permitted.
2. A maximum 1,000 square feet of indoor and/or outdoor eating and drinking
area per business shall be permitted through an Administrative Permit with
Neighborhood Notification pursuant to Chapter 241.
3. Indoor and/or outdoor eating and drinking areas greater than 1,000 square feet
per business shall require a conditional use permit by the Zoning Administrator.
(A) Repealed.
(B) A conditional use permit from the Zoning Administrator is required for any new use or
enlargement of an existing use,or exterior alterations and additions for an existing use located
within 150 feet of an R district.The director may waive this requirement if there is no
substantial change in the character of the use which would affect adjacent residential property
in an R District.
(C)
.Accessory office uses greater than the maximum
allowable percentage of the floor area of the primary industrial use shall require a
conditional use permit from the Zoning Administrator and a parking demand study
demonstrating the adequate provision of on-site parking for all uses contained onsite.
(D) In IG and IL Districts only,Adjnnet-offiee-ate commercial space excluding business and
professional office,not to exceed 25% of the floor area of the primary industrial use,is
allowed with a conditional use permit from the Zoning Administrator,provided that it is
intended primarily to serve employees of the industrial use,no exterior signs advertise the
adjunct use,the adjunct use is physically separated from the primary industrial use,any-retail
sal l• •+ d + odam and the primary industrial fronts on an
arterial.
(E) See Section 241.22,Temporary Use Permits.
(F) See Chapter 236,Nonconforming Uses and Structures.
(G) Reserved. ,•
t 1 hi 1. +• + dedd to sere tithe public,re
0
spaee-a.. ti.e site f th dustri..l .
7
• 123
Exhibit B
(H) Only in the IG and IL districts,Aautomobile dismantling, storage and/or impound yards may
be permitted subject to the approval of a conditional use permit by the Planning Commission
and the following criteria:
(1) The site shall not be located within 660.feet of an R district.
(2) All special metal cutting and compacting equipment shall be completely screened
from view.
(3) Storage yards shall be enclosed by a solid six-inch concrete block or masonry wall
not less than six feet in height and set back a minimum 10 feet from abutting streets with
the entire setback area permanently landscaped and maintained.
(4) Items stacked in the storage yard shall not exceed the height of the screening walls
or be visible from adjacent public streets.
**In the RT districts,automobile storage and/or impound yards are subject to the
approval of a conditional use permit by the Zoning Administrator unless located
within 300 feet of an R district.Within 300 feet of an R district,automobile storage
and/or impound yards are subject to a conditional use permit by the Planning
Commission.
(I) Limited to facilities serving workers employed on-site.
(J) Limited to single room occupancy uses.(See Section 230.46.)
(K) Limited to emergency shelters.(See Section 230.52,Emergency Shelters.)
(L) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or
additions equal to or greater than 50%of the existing building's floor area; or additions to
buildings on sites located within 300 feet of a residential zone or use for a permitted use
requires approval of a conditional use permit from the Zoning Administrator. The Community
Development Director may refer any proposed addition to the Zoning Administrator if the
proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased
noise,traffic).
(M) Major outdoor operations require conditional use permit approval by the Planning Commission.
Major outside operations include storage yards and uses utilizing more than one-third of the
site for outdoor operation.
(N) See Section 230.40,Helicopter Takeoff and Landing Areas.
(0) See Section 230.44,Recycling Operations.
•
(P) See Section 230.50,Indoor Swap Meets/Flea Markets.
(Q) See L-11(A)relating to locational restrictions.
(R) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be
permitted without a conditional use permit.Neighborhood Notification requirements when
no entitlement required pursuant to Chapter 241.
(S) Subject to approval by the Police Department,Public Works Department,and Fire Department
and the Community Development Director.
Chapter .(3254-10/94,3378-2/98, 3523-2/02,3568-9/02, 3703-3/05, 3708-6/05,3724-
02/06,3788-12/07,3843-11/09,3860-2/10,4039-12/14,4092-10/16)
8
124
Exhibit B
212.06 IG,and-IL,and RT Districts—Development Standards
The following schedule prescribes development standards for the I Industrial Districts.The first we
three columns prescribe basic requirements for permitted and conditional uses in each district.Letters in
parentheses in the"Additional Requirements"column reference requirements following the schedule or
located elsewhere in this title.In calculating the maximum gross floor area as defined in Chapter 203,the
floor area ratio is calculated on the basis of net site area.Fractional numbers shall be rounded down to the
nearest whole number.All required setbacks shall be measured from ultimate right-of-way and in
accordance with definitions set forth in Chapter 203,Definitions.
IG IL RT Additional
Requirements
Minimum Lot Area(sq.ft.) 20,000 20,000 15,000 (A)(B)
Minimum Lot Width(ft.) 100 100 75 (A)(B)
Minimum Setbacks (A)(C)
Front(ft.) 10;20 10;20 10; 20 (D)
Side(ft.) 0 15 0 (E)(F)
Street Side(ft.) 10 10 10
Rear(ft.) 0 0 0 (E)
Maximum Height of 40 40 40 (G)
Structures(ft.)
Maximum Floor Area Ratio 0.75 0.75 1.0
(FAR)
Minimum Site Landscaping 8 8 8 (H)(I)
(%)
Fences and Walls See § 230.88
Off-Street Parking and See Ch. 231 (J)
Loading
Outdoor Facilities See § 230.74
Screening of Mechanical See § 230.76 (K)
Equipment
Refuse Storage Area See.§ 230.78
•
Underground Utilities See Ch. 17.64
Performance Standards See § 230.82 (L)fEL
Nonconforming Uses and See Ch.236
Structures
Signs See Ch.233
9
125
Exhibit B
IG2-and-IL,and RT Districts: Additional Development Standards
(A) See Section 230.62,Building Site Required,and Section 230.64,Development on Substandard
Lots.
(B) Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator with an
approved development plan and tentative subdivision map.
(C) See Section 230.68,Building Projections into Yards and Required Open Space.Double-
frontage lots shall provide front yards on each frontage.
(D) The minimum front setback shall be 10-feet and the average setback.20 feet, except for parcels
fronting on local streets where only a 10-foot setback is required.
All Industrial Districts.An additional setback is required for buildings exceeding 25-feet in height
(one foot for each foot of height)and for buildings exceeding 150 feet in length(one foot for each
10 feet of building length)up to a maximum setback of 30-feet. .
(E) In all Industrial 4Districts, a 15-foot setback is required abutting an R district and no openings
in buildings within 45-feet of an R district.
(F) A zero-side yard setback may be permitted in the Industrial ElDistricts,but not abutting an R
district,provided that a solid wall at the property line is constructed of maintenance-free masonry
material and the opposite side yard is a minimum of 30-feet.
Exception. The Zoning Administrator or Planning Commission may approve a conditional use
permit to allow a 15-foot interior side yard opposite a zero-side yard on one lot, if an abutting side
yard at least 15-feet wide is provided and access easements are recorded ensuring a minimum 30-
foot separation between buildings.This 30-foot accessway must be maintained free of obstructions
and open to the sky,and no opening for truck loading or unloading shall be permitted in the building
face fronting on the accessway unless a 45-foot long striped area is provided solely for loading and
unloading entirely within the building.
(G) See Section 230.70,Measurement of Height. Within 45 feet of an R district,no building or
structure shall exceed a height of 18-feet.
(H) Planting Areas.Required front and street-side yards adjacent to a public right-of-way shall be
planting areas except for necessary drives and walks.A six-foot wide planting area shall be provided
adjacent to an R district and contain one tree for each 25 lineal feet of planting area.
(I) See Chapter 232,Landscape Improvements.
(I) Truck or rail loading,dock facilities,and the doors for such facilities shall not be visible from
or be Iocated within 45-feet of an R district.
(K) See Section 230.80,Antennae.
(L) Noise.No new use shall be permitted,or exterior alterations and/or additions to an existing use
allowed,within 150-feet of an R district until a report prepared by a California state-licensed
acoustical engineer is approved by the director.This report shall include recommended noise
mitigation measures for the industrial use to ensure that noise levels will conform with
Chapter 8.40 of the Municipal Code. The director may waive this requirement for change of use or
addition or exterior alteration to an existing use if it can be established that there had been no
previous noise offense,that no outside activities will take place, or if adequate noise mitigation
measures for the development are provided.
10
126
Exhibit B
(M) Group residential or accessory residential uses shall be subject to standards for minimum
setbacks and height of the RH District. (3254-10/94,4039-12/14)
(N)Performance Standards. The following regulations provided herein apply to all activities.,
processes,and uses within the Industrial Districts and are provided solely for reference in
conjunction with Chapter 230.82.Existing and proposed uses within the Industrial Districts
" must conform to all federal,state,and City laws,ordinances,and standards at all times.
1. Dust, Fumes and Odors. Emissions of dust,odors,smoke,fumes or particulate must
comply with all rules established by the Environmental Protection Agency(EPA)
(Code of Federal Regulations,Title 40),the California Air Resources Board
(CARB),and the South Coast Air Quality Management District(SCAQMD)or their
successor agencies.
2. Electromagnetic Interference. No electromagnetic interference with electronic
equipment beyond the property line shall be permitted and shall be in compliance
with applicable Federal Communications Commission(FCC) regulations.
3. Glare. Significant,direct glare shall not be visible beyond the property line of the
applicable use.
4. Heat and Humidity. Heat emitted shall not increase the temperature of another
property in excess of five degrees Fahrenheit.
5. Noise. Chapter 8.40 of the Municipal Code,Noise Control,shall be enforced.
6. Waste Disposal Discharge.Discharge of any liquids or solids into any body of waters
watercourse,sewage system,or ground shall not be permitted,except in compliance
with applicable regulations of the State of California Santa Ana Regional Water
Quality Control Board or their successor agency.
7. Waste Containment. Storage and handling of wastes shall be practiced so as to
prevent nuisance,health,safety and fire hazards.Any hazardous waste shall be
stored in a closed container.
8. Vibration.Vibration transmitted through the ground shall not be produced with the
exception of vibration from temporary uses,i.e.construction and vehicles entering
and exiting.
9. Location of Measurements. Measurements for determining compliance with the
standards of this Section shall be taken at the lot Iine of the establishment or use
that is the source of a potentially objectionable condition, hazard,or nuisance.
212.08 Review of Plans
All applications for new construction and exterior alterations and additions shall be submitted to the
Community Development Department for review.Discretionary review shall be required as follows:
A. Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning
Administrator;projects including a zero-side yard exception;projects on substandard lots.
B. Design Review Board. See Chapter 244.
C. Planning Commission.Projects requiring a conditional use permit from the Commission.
D. Projects in the Coastal Zone.A Coastal Development Permit is required unless the project is
exempt; see Chapter 245.(3254-10/94,3708-6/05,3869-3/10,4039-12/14,4092-10/16)
11
127
C912t. NO. v1��
EXHIBIT C
Chapter 231 OFF-STREET PARKING AND LOADING PROVISIONS
231.02 Basic Requirements for Off-Street Parking and Loading
A. When Required.At the time of initial occupancy of a site, construction of a structure, or major
alteration or enlargement of a site or structure,off-street parking facilities and off-street loading
facilities shall be provided in accord with this chapter and parking area landscaping shall be
provided in accord with Chapter 232. For the purposes of these requirements, "major alteration or
enlargement"shall mean a change of use, an expansion of greater than 50% of the existing space in
a non-residential building or an addition of bedrooms or units in a residential building.A change in
occupancy that does not involve a change in the use classification is not considered a change in use
for purposes of this requirement unless the change in occupancy involves an intensification of use or
an increase in parking demand.
B. Nonconforming Parking or Loading.No existing use of land or structure shall be deemed to
be nonconforming solely because of the lack of off-street parking or loading facilities required by
this chapter,provided that facilities being used for off-street parking and loading as of the date of
adoption of this chapter shall not be reduced in number to less than that required by this chapter.
Expansion of a use with nonconforming parking shall be subject to the following requirements:
1. A multifamily residential use with nonconforming parking maybe expanded by adding
bedrooms or additional units provided that the expansion complies with current standards
contained in this chapter;
2. A single-family residence with nonconforming parking may be expanded by adding
bedrooms provided the dwelling complies with current standards contained in this chapter; and
3. A nonresidential use with nonconforming parking may be expanded less than 50% of the
existing square footage or intensified if additional parking is provided for the expansion or
intensification.Expansions of 50% or more of the existing square footage require the site to be
in total compliance with the current parking standards contained in this chapter.
C. Spaces Required for Alteration or Enlargement. The number of parking spaces or loading
spaces required for an alteration or enlargement of an existing use or structure, or for a change of
occupancy, shall be in addition to the number of spaces existing prior to the alteration,enlargement,
or change of occupancy unless the preexisting number is greater than the number prescribed in this
chapter. In this case,the number of spaces in excess of the prescribed minimum shall be counted in
determining the required number of parking or loading spaces.
•
D. Spaces Required for Multiple Uses.If more than one use is located on a site,the number of
off-street parking spaces and loading spaces to be provided shall be equal to the sum of the
requirements prescribed for each use.This requirement applies not only to multiple uses under
separate ownership but also to multiple uses in the same ownership.If the gross floor area of
individual uses on the same site is less than that for which a loading space would be required by
Section 231.06(A),but the aggregate gross floor area of all uses is greater than the minimum for
which loading spaces would be required,the aggregate gross floor area shall be used in determining
the required number of loading spaces.
E. Location and Ownership.Parking facilities required by this chapter shall be on the same site
as the use served,except that an adjacent lot may be used which is in the same person's possession
as the structure or use. Such possession may be by deed or long-term lease, approved as to form by
the City Attorney, and recorded in the Office of the County Recorder.A copy of the recorded
EXHIBIT C
document stipulating the reservation of the property for parking purposes shall be filed with the City
prior to issuance of a building permit and/or certificate of occupancy,whichever occurs first.No use
shall be continued if the parking is removed from the adjacent lot unless substitute parking is
provided.Parking facilities providedby a parking district or parking authority are not subject to
these locational requirements.
• 1. Parking in Yards in R Districts.The parking of motor vehicles,trailers, campers and boats ""
shall be prohibited on all landscaped areas within the front one-half of the lot except as
provided below.
a. Oversized vehicles (see Chapter 203,Defuutions), campers,trailers and boats on
trailers may be parked on the paved driveway area or on a paved area between the
driveway and the nearest side property line provided that they do not project over any
property line and that the area is kept free of trash, debris and parts.
b. Commercial oversized vehicles(see Chapter 203,Definitions) or special purpose
machines shall be prohibited in any yard area.
2. Parking in Yards in C or I Districts.Required yards may be used for required parking,
subject to the landscaping standards of Chapter 232.
3. Access.When a lot abuts an arterial highway and a local street,access to on-site parking
shall be from the local street.When a lot abuts an alley,then access to parking shall be
provided from the alley unless the Planning Commission approves a different access.When a
lot abuts two arterial highways or two local streets, access shall be subject to the approval of
the Director of Public Works.
4. Nonresidential Parking in R Districts.Nonresidential parking serving adjacent
commercial or industrial uses shall not be located in any R-zoned property.
F. Computation of Spaces Required. If, in the application of the requirements of this chapter, a
fractional number is obtained, one additional parking space or loading space shall be required.
G. Other Requirements.
1. Any off-street parking or loading facility which is permitted but not required shall comply
with all provisions of this chapter governing location, design, improvement and operation.
2. Any motor vehicle incapable of movement by its own power and/or not licensed to
operate on California streets shall be stored either in an enclosed building or entirely screened
from view. (3334-6/97)
231.04 Off-Street Parking and Loading Spaces Required
A. Nonresidential uses shall provide one loading space(minimum 14 feet in width,20 feet in
length, and 14 feet in height)for each 20,000 square feet, or fraction thereof, of gross floor area;
however,a maximum of three such spaces are required for buildings exceeding 60,000 square feet.
No loading space is required for nonresidential uses with less than 20,000 square feet of gross floor
area.
1W
EXHIBIT C
B. Off-street parking spaces shall be provided in accord with the following schedule. References
to spaces per square foot are to be computed on the basis of gross floor area, unless otherwise
specified.
Where the use is undetermined,the approving body shall determine the probable use and the number
of parking and loading spaces required.In order to make this determination,the director may require
•
the submission of survey data prepared by a state-registered traffic engineer'for the applicant or
collected at the applicant's expense.Parking spaces over and above the minimum number specified
in this section may be required by the body responsible for reviewing the use itself based on the
intensity of the use.
C. The director may allow a parking reduction for a change of use if the increase in the required
parking is not more than five spaces. The change of use request must be on a site with two or more
uses,have a minimum of 50 existing parking spaces and provide an upgrade of existing landscaping.
This same reduction may be considered for uses complying with state handicap regulations as
mandated by state law and applicable to parking requirements. This provision shall not apply to
applications for development within the coastal zone that necessitate a Coastal Development Permit.
Off-Street Parking Spaces Required: Schedule A
Use Classification Off-Street Parking Spaces
Residential
Single-family dwellings
New construction
0-4 bedrooms 2 enclosed and 2 open
5 or more bedrooms 3 enclosed per unit and 3 open per unit
Existing dwellings
0-4 bedrooms 2 enclosed and 2 open*
5 or more bedrooms 2 enclosed per unit and 3 open per unit*
In the RMH-A district 2 enclosed spaces per unit with up to 3 bedrooms,
and 1 space for each additional bedroom; 1
additional space per dwelling where no on-street
parking is allowed
Multifamily dwellings
Studio/1 bedroom 1 enclosed space per unit
2 bedrooms 2 spaces(1 enclosed)per unit
3 or more bedrooms 2.5 spaces (1 enclosed)per unit
Guests 0.5 space per unit
Senior
Studio/1 bedroom 1 covered space per unit
2 bedrooms 1.5 spaces per unit(1 covered)
Manufactured homes 2 spaces per unit; 1 covered, and 1 may be behind
EXHIBIT C
•
the first
Guest 1 per 3 manufactured homes
Rooming house 1 space per guest room;plus 1 space per
owner/manager;plus 1 space per each 10 guest
rooms
Residential care,limited 1 per 3 beds
Public and Semi-Public
Clubs and lodges 1 per 35 sq. ft.used for assembly purposes of 1 per
3 fixed seats(18 inches= 1 seat),whichever is
greater
Cultural facilities 1 per 300 sq. ft. gross floor area
Day care,general 1 per staff member plus 1 per classroom
Government offices 1 per 250 sq. ft. gross floor area
Heliports As specified by use permit
Hospitals 1 per 1.5 beds
Maintenance and service facilities 1 per 500 sq. ft.
Park and recreation facilities As specified by conditional use permit for private
facilities
Public safety facilities As specified by the conditional use permit
Religious assembly 1 per 35 sq.ft. of public assembly area, or 1 per 3
fixed seats(18 inches= 1 seat),whichever is greater
Residential care, general 1 per 3 beds;plus additional spaces, as specified by
conditional use permit
Schools,public or private
Preschools,nursery day care 1 per staff member,plus 1 per classroom
Elementary,junior high 1.5 per classroom
High school/college 7 per classroom
Trade schools,music conservatories 1 per 35 sq. ft. of instruction area
Utilities,major As specified by conditional use permit
Commercial
Ambulance services 1 per 500 sq. ft.;plus 2 storage spaces
Animal sales and services
Animal boarding 1 per 200 sq. ft.
Animal grooming 1 per 200 sq. ft.
Animal hospitals 1 per 200 sq. ft.
Animal,retail sales 1 per 200 sq. ft.
1q9
EXHIBIT C
Artists' studios 1 per 1,000 sq. ft.
Banks and savings &loans 1 per 200 sq.ft.
Drive-up service Queue space for 5 cars per teller
Building materials and services 1 per 1,000 sq. ft. of lot area;minimum 10 plus
1/300•sq. ft. office area •
Catering services 1 per 400 sq.ft.
Commercial recreation and entertainment
Bowling alleys 3 per lane,plus 1 per 250 sq. ft. of public assembly
and retail areas
Electronic game centers 1 per 200 sq. ft.
Health clubs 1 per 200 sq.ft. except that area designated for
group instruction shall be parked at a ratio of 1 per
100 sq. ft.
Stables 1 per 3 corrals plus 1 horse trailer space for each 10
corrals plus 2 for caretaker's unit
Tennis/racquetball 3 per court
Theaters 1 per 3 fixed seats, or 1 per 35 sq.ft. seating area if
there are no fixed seats
Other commercial recreation and entertainment As specified by the Zoning Administrator or
Planning Commission
Communications facilities 1 per 500 sq.ft.
Eating and drinking establishments
With less than 12 seats 1 per 200 sq.ft.
With more than 12 seats 1 per 60 sq. ft. or 1 per 100 sq. ft.when on a site
with 3 or more uses
With dancing Plus 1 per 50 sq.ft. of dancing area
With drive through service Plus queue space for 5 cars per service window
Food and beverage sales 1 per 200 sq.ft.
Furniture and appliance stores 1 per 500 sq.ft. excluding areas used for storage or
loading,but not less than 5
Funeral and interment services 1 per 35 sq. ft. of seating space
Hardware stores 1 per 200 sq.ft. excluding areas used for storage or
loading,but not less than 5
Horticulture,limited 1 per 2 acres
Laboratories 1 per 500 sq.ft.
Maintenance and repair services 1 per 500 sq. ft.
Marine sales and services 1 per 500 sq. ft.
EXHIBIT C
•
Nurseries 1 per 1,000 sq. ft. of indoor/outdoor sales and/or
display lot area accessible for public viewing,but no
less than 10;plus 1 per 300 sq. ft. office area
Offices,business and professional 1 per 250 sq. ft. for less than 250,000 sq.ft.; 1 per
300 sq. ft. for 250,000 sq. ft. or more
Offices,medical and dental 1 per 175 sq.ft. (includes out-patient
medical/surgery centers)
Pawn shops 1 per 200 sq. ft.
Personal enrichment services 1 per 35 sq.ft.of instruction area; or maximum 1
per 200 sq.ft.provided the number of students per
classroom does not exceed required number of
parking spaces,plus instruction area does not
exceed 75%of floor area
Personal services 1 per 200 sq. ft.
Research and development services 1 per 500 sq.ft.
Retail sales not listed under another use 1 per 200 sq. ft.
classification
Sex-oriented business
Cabaret
With less than 12 seats 1 per 200 sq.ft.
With 12 seats or more 1 per 60 sq.ft. or 1 per 100 sq. ft. if on a site with 3
or more uses
Encounter center 1 per 35 sq.ft. of instruction area
Escort bureau 1 per 250 sq.ft.
Hotel/motel 1.1 per guest room;plus 1 per passenger transport
vehicle(minimum of 2 stalls)and 2 spaces for any
manager's unit and parking for other uses as
required by this schedule
Mini-motion picture theater, motion picture 1 per 3 fixed seats, or 1 per 35 sq. ft.seating area if
theater or motion picture arcade there are no fixed seats
Retail sales 1 per 200 sq. ft. •
Swap meets, indoor/flea markets 1 per 100 sq. ft. except as may be modified by the
Planning Commission through the conditional use
permit process, after submittal,review and approval
of a traffic engineering study
Vehicle/equipment sales and services
Automobile rentals 1 per 1,000 sq. ft. of indoor/outdoor sales and/or
display lot area accessible for public viewing,but no
less than 10;plus 1 per 300 sq. ft. office area; 1/200
•
1'31
EXHIBIT C.
sq. ft. auto service area
Automobile washing(car wash)
Full-service(attended) 10
With fuel sales 12
Self-service(unattended) 1.5 per wash stall •
Service stations
Full-serve/repair garage 1 per 500 sq. ft.but no less than 5
Self-serve 2
With convenience markets 1 per 200 sq. ft. of retail space but no less than 8
With self-serve car wash. 4
With self-serve car wash and convenience 10
market
Vehicle/equipment repair 1 per 200 sq. ft.but no less than 5
Vehicle/equipment sales and rentals 1 per 1,000 sq. ft. of indoor/outdoor sales and/or
display lot area accessible for public viewing,but no
less than 10;plus 1 per 300 sq. ft. office area; 1 per
200 sq.ft. auto service area
Vehicle storage 1 per 5,000 sq. ft.lot area;no less than 5
Visitor accommodations
Bed and breakfast 1 per guest room plus 1 guest and 1 manager/owner
space
Hotels,motels 1.1 per guest room;plus 1 per passenger transport
vehicle(minimum of 2 stalls) and 2 spaces for any
manager's unit and parking for other uses as
required by this schedule
Single room occupancy residential hotels 1 per unit, 10% shall be designated as visitor
parking; 1 per passenger transport vehicle
(minimum of 1 stall), 1 loading space, and 2 spaces
for any manager's unit,plus 0.5 per all remaining
personnel
Warehouse and sales outlets 1 per 200 sq. ft.
Industrial
Speculative buildings 1 per 500 sq. ft.
(Maximum 10% office area in IG or IL District
Maximum 30% office area in RT District)
Manufacturing,research assembly,packaging 1 per 500 sq. ft.
Wholesaling,warehousing and distributing space 1 per 1,000 sq. ft.
Offices 1 per 250 sq. ft. if office area exceeds 10% of gross
i
EXHIBIT C
floor area in IG or IL District; 30% in RT
District
Outside uses: storageeekingf-salvage and 1 per 5,000 square feet of lot area,but no less than 5
lumber yards
Mini-storage facilities
Single-story 1 per 5,000 square feet
Each additional story 1 per 2,000 square feet plus 2 spaces for caretaker's
unit
* Open spaces may be behind any required spaces and/or on a street adjacent to the property.On-street parking may not be
reserved for residents and/or guests but must be available to the general public on a first-come,first-serve basis.
(3334-6/97, 3378-2/98, 3494-5/01, 3526-2/02,Res.2004-80-9/04, 3677-12/04)
231.06 Joint Use Parking
A. In the event that two or more uses occupy the same building,lot or parcel of land,the total
requirement for off-street parking shall be the sum of each individual use computed separately
except as provided in this section.
B. The Planning Commission or Zoning Administrator may grant a reduction in the total number
of required spaces as part of the entitlement for the use or uses, or by conditional use permit when
no other entitlement is required,when the applicant can demonstrate that the various uses have
divergent needs in terms of daytime versus nighttime hours or weekday versus weekend hours. Such
joint use approvals shall be subject to the following:
1. The maximum distance between the building or use and the nearest point of the parking
spaces or parking facility shall be 250 feet; and
2. There shall be no conflict in the operating hours based on parking space requirements for
the different uses on the parcel; and
3. Evidence of an agreement for such joint use shall be provided by proper legal instrument,
approved as to form by the City Attorney. The instrument shall be recorded in the Office of the
County Recorder and shall be filed with the City prior to issuance of building permit and/or
certificate of occupancy,whichever occurs first. (3334-6/97)
231.08 Reduced Parking for Certain Uses
A. The Zoning Administrator may approve a conditional use permit to reduce the number of
parking spaces to less than the number required per Schedule A in Section 231.04,provided that the
following findings are made:
1. The parking demand will be less than the requirement in Schedule A; and
2. The proposed use of the building or structure,will not generate additional parking
demand; and
3. A transportation demand management plan which exceeds the minimum required by
Section 230.36 has been approved by the director.
1 3$3
EXHIBIT C
B. The Zoning Administrator may consider survey data prepared by a state-registered traffic
engineer and submitted by an applicant or collected at the applicant's request and expense as a basis
for approval of a reduction in required parking. (3334-6/97, 3526-2/02, 3677-12/04)
231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area
Parking requirements for private property uses within the Downtown Specific Plan Area may be met by
payment of an"in-lieu"fee for providing parking in a parking facility subject to conditional use permit
approval by the Planning Commission. Said fee may be paid in multiple installments.The first installment
in an amount established by City Council resolution for each parking space shall be paid prior to the
issuance of building permits or of a certificate of occupancy,whichever comes first.Any successive
installments shall be paid and secured by a mechanism established in the conditions of approval. (3334-
6/97)
231.12 Parking Spaces for the Handicapped
New and existing parking facilities shall comply with the State Handicapped Regulations as mandated in
state law. (3334-6/97)
231.14 Parking Space Dimensions
Required parking spaces shall have the following minimum dimensions in feet. Striping requirements are
depicted in Diagram A.Directional signs and/or pavement markings shall be provided in any facility in
which one-way traffic is established.
Aisle Width'
Angle of Parking Stall Width Stall Depth 1-way 2-way
0°(Parallel) 9 192 . 12 20
30° 9 19 14 20
45° 9 19 15 - 20
60° 9 19 20 20
90° 9 19 26 26
Residential 9 19 25 25
Bicycle 8 17 subject to §231.20
1 Minimum 24 feet when determined by Fire Department to be a fire lane.
2 With 8 ft.striped maneuvering area between every 2 spaces.
1Wift
• EXHIBIT C
• 30°.45°& 60°Parking
d;`4pe
d ; ry
° cte
.r 1 • .
• 78 r
r d�
�phd70rynp,
90°Parking 24 In.Exterior
, Dimension
t
19 FL 181n.Interior
• Dimension
Parallel Parking
•
' 8 ft.
I 19ft 19 ft soli 6
Striping Requirements—Diagram A
(3334-6/97)
231.16 Application of Dimensional Requirements
A. Relation to Walls and Posts/Columns.A parking space on a site with more than five parking
spaces and which is adjacent to a wall over 12 inches in height shall be increased in width by three
feet.Post/columns may be permitted along the side of each space only within three feet of the head
and foot of each stall.
B. Vertical Clearance.
1. Vertical clearance for parking spaces shall be seven feet, except that an entrance may be
6.67 feet.When handicapped parking is provided,vertical clearance shall comply with
California Code of Regulations (Title 24,Part 2, Chapter 2-71).
2. For residential uses,non-structural improvements including wall-mounted shelves,
storage surface racks, or cabinets may encroach into the vertical clearance,provided a
minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage within
the front five feet of a parking space.
1t
EXHIBIT C
C. Wheel Stops.All spaces shall have wheel stops 2.5 feet from a fence,wall,building or
walkway.
D. Parking Space Dimension Reduction. When a parking space abuts a landscape planter,the
front two feet of the required 19-foot length for a parking space may overhang the planter as
provided in Chapter 232.(3334-6/97)
231.18 Design Standards
A. Public Works Requirements.Drive entrances on arterial highways shall be located in a
manner to coordinate with future median openings and in accord with Department of Public Works
standards.The paved surface of driveways and drive entrances shall comply with Department of
Public Works specifications.Parking facilities shall be prepared, graded,and paved to ensure that all
surface waters will drain into a public street,alley, storm drain, or other drainage system approved
by the Department of Public Works.Aisle ways without adjacent parking shall be a minimum.24
feet in width.
B. Circulation Design.All off-street parking spaces shall have access to a public street or alley,
and shall have internal circulation, safe entrances and exits, drives, and aisles in conformance with
City standards. Every required parking space shall have unobstructed access from an aisle without
moving another vehicle.All parking spaces, except residential garages and carports for single-
family dwellings and duplexes, shall have forward travel to and from parking facilities when access
is to a dedicated street.Traffic circulation shall be designed so that no vehicle need enter a public
street in order to progress from one aisle to any other aisle within the same development.
Commercial centers which have 200 parking spaces or more shall have at least one main entrance
designed as depicted in Diagram B.
EXHIBIT C
)1s,,( .
I .....
I w
I
I I 100'
I I
Oft. I I
-Kr jr- I *.ar
•k 24ft. , 24ft. ►
-►. 4- 4ft.
Commercial Center Main Entrance for Parking Lots With Over 200 Spaces
Diagram B
A minimum three-foot-by-three-foot-wide maneuvering area shall be provided at the end of dead-end
parking aisles less than 150 feet in length. A vehicle turnaround space shall be provided at the end of all
dead-end parking aisles which exceed 150 feet in length(measured from the closest intersecting aisle with
complete circulation).The maneuvering area and turnaround space shall be designed as depicted in
Diagram C. Other turnaround arrangements providing the same maneuverability are subject to approval
by the director.
,
R 2 . I. .
c 1
Wheel . F I Maneuvering 19 ft. ►
stop j +I -, area c
A
} ) i
ti
N •
- • 12"Step off arca .• .
1g57
EXHIBIT C
Turnaround Space and Maneuvering Area
Diagram C
C. Illumination.All parking area lighting shall be energy-efficient and designed so as not to
produce glare on adjacent residential properties. Security lighting shall be provided in areas
accessible to the public during nighttime hours, and such lighting shall be on a time-clock or photo-
sensor system.
D. Residential Parking.
1. Garages and Carports.All required garages and carports,permitted as accessory
structures, shall be constructed at the same time as the main building and shall be used only by
persons residing on the premises for storage of personal vehicles and other personal property.
2. Assignment of Spaces.Each studio and one bedroom dwelling unit shall have a minimum
of one assigned parking space and each two or more bedroom units shall have a minimum of
two assigned parking spaces.Each dwelling unit shall have an enclosed,assigned space which
shall be within 200 feet walking distance of that unit and designated as such.The assigned
spaces shall be provided with the rental of a dwelling unit without any additional cost.All
unassigned spaces provided on site shall be open and only used for the parking of vehicles by
persons residing on the property or their guests.
3. Turning Radius. The minimum turning radius for any garage, carport or open parking
space, entered directly from an alley or driveway, shall be 25 feet(see Diagram D).
STREET
25, GA RAGE
DRIVEWAY
STREET
STREET
Turning Radius
EXHIBIT C
Diagram D
4. Driveway Width.
Length of Drive Minimum Driveway Width
•
•
150 feet or less 10 ft.for single family dwellings
20 ft. for multifamily dwellings
Greater than 150 feet 20 feet clear width
Exception:when designated as fire lane, all Fire Department
requirements shall apply.
5. Guest Parking.All guest parking shall be fully accessible.
6. Coastal Zone.The following requirements shall apply to residential development in the
Coastal Zone.
a. Each dwelling unit located in the Coastal Zone shall have a minimum of two on-site
parking spaces.If the total coastal parking requirements exceed the total minimum
parking as required by this chapter,the additional required parking spaces may be in
tandem with enclosed spaces,provided the tandem space is assigned to an enclosed space
and complies with the required turning radius.
b. The streets of new residential subdivisions between the sea and the first public road
shall be constructed and maintained as open to the public for vehicular,bicycle and
pedestrian access. General public parking shall be provided on all streets throughout the
entire subdivision. Private entrance gates and private streets shall be prohibited.All
public entry controls(e.g.,gates,gate/guard houses, guards, signage, etc.) and restriction
on use by the general public(e.g.,preferential parking districts,resident-only parking
periods/permits, etc.)associated with any streets or parking areas shall be prohibited.
7. Planned Residential Developments. In a planned residential development where a garage
is constructed a minimum of 20 feet from the curb,the driveway in front of the garage may be
used to provide one of the required uncovered spaces.
8. Privacy Gates.Privacy gates may be installed without a conditional use permit provided
there is compliance with the following criteria prior to the issuance of building permits:
a. Fire Department approval for location and emergency entry.
b. Public Works Department approval of stacking and location.
c. Postmaster approval of location for mail boxes or entry for postal carrier.
d. Shall provide a driveway with a minimum of 20 feet for vehicle stacking.
e. No adverse impacts to public coastal access,including changes in the intensity of
use of water, or access thereto, shall result from installation of the privacy gates.
9. Driveway Air Space.The air space above all driveways which exceed 150 feet in length
shall remain open to the sky,except that eaves or roof overhangs with a maximum four-foot
projection may be permitted above a height of 14 feet.
13.l9
EXHIBIT C
10. Storage Space. One hundred cubic feet of enclosed storage space for each unit shall be
provided in a secured parking area where there is no private garage.
11. Accessory Dwelling. One additional off-street parking space shall be required for an
accessory dwelling,except that in the coastal zone there shall be a minimum of four parking
spaces on-site.
E. Nonresidential Parking and Loading.
1. Designated Parking.Parking spaces within an integrated,nonresidential complex shall not
be designated for exclusive use of any individual tenant except as authorized by a parking
management plan approved by the director.
2. Parking Controls. Parking controls, such as valet service, or booths, and/or collection of
fees may be permitted when authorized by conditional use permit approval by the Zoning
Administrator.Privacy gates may be installed without a conditional use permit provided there
is compliance with the following criteria prior to the issuance of building permits.
a. Fire Department approval for location and emergency entry.
b. Public Works Department approval of stacking and location.
c. Postmaster approval of location for mail boxes or entry for postal carrier.
d. Shall provide a driveway with a minimum of 20 feet for vehicle stacking.
e. No adverse impacts to public coastal access, including changes in the intensity of
use of water, or of access thereto, shall result from installation of the privacy gates.
3. Minimum Driveway Width.Twenty-five feet when providing access to the rear of a
structure.
4. Reciprocal Access.Reciprocal ingress/egress access with adjacent properties shall be
provided for all commercial properties.
5. Loading Location. On a site adjoining an alley, a required loading space shall be
accessible from the alley unless alternative access is approved by the director. An occupied
loading space shall not prevent access to a required parking space. Truck or rail loading, dock
facilities,and doors for such facilities shall not face or be located within 45 feet of property
zoned for general planned residential.
6. Loading Design.Any loading facility shall be designed and located so that vehicles need
not extend onto the public sidewalks,streets or alleys during loading activities.
7. Landscape Buffer.Where the side or rear yard of a parcel is used for loading activities
and abuts an R District, a landscaped buffer along the property line shall be provided.
8. Parking Spaces.Parking spaces shall not be utilized or occupied by any other use or for
any other purpose than as parking for the associated on-site uses as required by this chapter,
unless in compliance with Section 231.06,Joint Use Parking.
F. Seasonal and Temporary Parking Lots. Seasonal and temporary parking lots may be allowed
upon approval of a conditional use permit by the Zoning Administrator. Seasonal lots may operate
only from Memorial Day through the third weekend in September and shall be located within 1,000
yards of the mean high tide line of the Pacific Ocean.Temporary and seasonal commercial parking
lots may be permitted for a maximum of five years.The design and layout of seasonal and
EXHIBIT C
temporary parking lots shall comply with this chapter,Fire Department requirements, and the
following standards: •
1. Paving shall be two inches of asphalt over compacted native soil, or as approved by the
department; except seasonal parking lots shall be surfaced to meet minimum specifications for
support of vehicles and to provide dust control as required by the Zoning Administrator.
2. Boundaries of such lots shall be marked off and secured by chain or cable,with posts a
minimum of three feet in height, solidly built.At a minimum,posts shall consist of four-inch
by four-inch wood or equivalent metal posts a minimum of one and one-half inches in
diameter securely set in the ground and placed eight feet on center. The posts shall be
connected with at least one strand of half-inch cable or chain securely fastened to each post.
An opening shall be provided to accommodate vehicle access during business hours. Seasonal
lots shall be secured to prevent overnight parking between the closing hour on one business
day and the opening hour the following business day.
3. Temporary parking lots shall have landscaped planters with an inside dimension of three
'feet along street-side property lines excluding driveways.Landscaping shall be protected from
• vehicle and pedestrian damage by wheel bumpers (asphalt, concrete, or wood), or asphalt or
concrete curbs,or any other design that will provide adequate protection.
4. Seasonal parking lots are exempt from landscaping requirements of Chapter 232.
5. Directional and informational signs shall be displayed on-site to identify the entrance(s),
fees,and hours of operation. Such signs shall be located at the entrance of the parking lot and
shall not exceed 12 square feet and shall be six feet high. Signs for seasonal parking lots shall
be removed from the site each season no later than the third weekend in September.
6. Automatic entry devices or fee collection points shall be set back a minimum of 20 feet
from the public right-of-way, or at a distance recommended by the Department of Public
Works and approved by the director.
7. An attendant shall be on duty at all times during business hours of seasonal parking lots.
8. An approved fire extinguisher shall be provided on the premises during business hours.
9. The site shall be maintained in a clean condition, free from trash and debris. Trash
containers shall be placed on the site to accommodate and store all trash that accumulates on
the lot.
For seasonal parking lots, a certificate of insurance for combined single limit bodily injury and/or
property damage including products liability in the amount of$1,000,000.00 per occurrence shall be
filed with the Department of Administrative Services.A hold harmless agreement holding the City
harmless shall also be filed with the Department of Administrative Services.
Subsequent to approval of an application for any seasonal or temporary parking lot,the applicant
shall meet all standards and requirements and install all improvements. The parking lot shall then be
inspected and approved by the director prior to issuance of a certificate to operate.
G. Parking Structures.Parking structures above or below grade shall be subject to conditional
use permit approval by the Planning Commission when no other entitlement is required.In addition,
parking structures proposed within the coastal zone shall be subject to approval of a Coastal
Development Permit.All parking structures shall comply with the following requirements:
1481
• EXHIBIT C
1. Transition ramps which are also used as back-up space for parking stalls shall have a
maximum slope of five percent. The maximum slope for transition ramps with no adjacent
parking spaces shall be 10%. A ramp used for ingress and egress to a public street shall have a
transition section at least 16 feet long and a maximum slope of five percent.
2. Parking structures with over 300 spaces shall provide secondary circulation ramps and
additional ingress and egress if deemed necessary by a traffic study prepared by a state-
registered traffic engineer.
3. Parking structures shall be provided with a minimum 10-foot-wide perimeter landscape
planter at ground level. Parked cars shall be screened on each level through landscape planters
or trellises and/or decorative screening wall or railings. The Design Review Board shall
approve the landscaping plan.
4. All parking structures shall be architecturally compatible with existing or proposed
structures and shall be subject to review and approval by the Design Review Board prior to
hearing. The Design Review Board shall consider the following factors in reviewing a
proposal:bulk, scale,proportion,building materials, colors, signage, architectural features, and
landscaping.
5. All parking structures proposed for conversion to a fee parking arrangement shall be
subject to conditional use permit approval by the Planning Commission. Public parking
structures within the coastal zone proposed for conversion to a fee parking arrangement shall
be subject to approval of a Coastal Development Permit. (3334-6/97, 3526-2/02,Res.2004-80-
9/04, 3677-12/04,3758-1/07, 3763-3/07,Res.2009-36-9/09)
231.20 Bicycle Parking
A. Bicycle Parking Requirements.
1. Nonresidential Uses.
a. Buildings up to 50,000 square feet of gross building area: One bicycle space for
every 25 automobile parking spaces required;minimum of three.
b. Buildings over 50,000 square feet of gross building area: The director shall
determine the number of bicycle spaces based upon the type of use(s)and number of
employees.
2. Multiple-Family Residential Uses. One bicycle space for every four units.
B. Facility Design Standards.Bicycle parking facilities shall include provision for locking of
bicycles, either in lockers or in secure racks in which the bicycle frame and wheels may be locked
by the user.Bicycle spaces shall be conveniently located on the lot, close to the building entrance as
possible for patrons and employees,and protected from damage by automobiles. (3334-6/97, 3677-
12/04,3763-3/07)
231.22 Driveways—Visibility
Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall be
consistent with the requirements of Section 230.88. (3334-6/97)
• Asa
EXHIBIT C
231.24 Landscape Improvements
Landscape,planting and irrigation plans shall be prepared consistent with the requirements of Chapter
232. (3334-6/97)
231.26 Parking Area Plan Required. .
Prior to the construction,reconstruction, or re-striping of an off-street parking area, a parking area plan
shall be submitted to the director for the purpose of indicating compliance with the provisions of this
section. This plan shall include:
A. Location and description of fencing and architectural screen walls.
B. Location and placement of parking stalls,including bumpers, striping and circulation,all
dimensioned to permit comparison with approved parking standards.
C. Location and placement of lights provided to illuminate the parking area.
D. A drainage plan showing drainage to a public way in accordance with accepted standards or
practices.
E. A landscape,planting and irrigation plan prepared consistent with the requirements of Chapter
232.
F. Existing off-street parking areas that were approved at a reduced dimension(e.g., width,
length, aisle width)may be reconstructed and re-striped or only re-striped at their previous reduced
dimension.
G. When re-striping,parking stalls shall be as depicted in Section 231.14,Diagram A.
H. If a parking area is proposed to only be re-striped,no landscape, drainage, or lighting plan is
required.
Single-family dwellings on pre-existing lots are exempt from this requirement. (3334-6/97, 3677-12/04)
231.28 Oceanside or On-Street Parking Within the Coastal Zone
If any existing oceanside or on-street parking within the coastal zone is removed,it shall be replaced on a
one for one basis in an area that would not result in the loss of any sandy beach area and within walking
distance of the existing site.Replacement parking shall be assured prior to the issuance of the Coastal
Development Permit and shall be provided before any existing parking is removed so that there will be no
reduction in the number of parking spaces available. (3334-6/97)
•
13Ia3
Ord. No. 4183
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 August 19,2019,and was again read to said City
Council at a Regular meeting thereof held on September 3,2019, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Brenden, Semeta, Peterson,Posey, Delgleize,Hardy
NOES: None
ABSENT: None
ABSTAIN: Can
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 September 12,2019.
In accordance with the City Charter of said City.
Robin Estanislau, City Clerk City Cler and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
146
•
Resolution No.2023-61.
• Exhibit B
ORDINANCE NO. 4235
•
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING.SECTION 230.26 OF THE HUNTINGTON BEACH ZONING.AND
SUBDIVISION ORDINANCE TITLED AFFORDABLE HOUSING
• , (ZONING TEXT AMENDMENT NO. 19=004)
•
WHEREAS, the Huntington Beach Planning Commission and Huntington Beach City
Council have•held separate, duly noticed public hearings to consider Zoning"I ext Amendment
No: 19-000=1, which amends Chapter 230 of the Huntington Beach Zoning and Subdivision
Ordinance related to an updated, and clarified;"inclusionary housing ordinance"_
:After due consideration.of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council.finds that the aforesaid
amendment is,proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach hereby ordains
• as follows:
•
SECTION 1. Section 230.26 of the Huntington Beach Zoning Code is amended to read
• as follows:
A. Purpose.
•
1. The purpose of this chapter is to create an Inclusionary Housing Ordinance to
• enhance the public welfare and implement the goals, objectives and policies of the
City's General Plan, including its Housing Element. It is intended to encourage the .
supply of extremely low, very low, lower, and moderate- income housing, on sites that
are integrated, compatible with and complements adjacent uses. .
•
2. This Inclusionary Housing Ordinance is a tool the City utilizes to meet its
commitment to provide housing affordable to all economic sectors.
•
13. • Definitions: •
•
1. Affordable Housing Cost. The percentage of income that shall be utilized to
determine the maximum housing.related costs as calculated in accordance with
•
California Health and Safety Code (H&SC) Section 50052.5 (standards for ownership
• units)and I-I&SC Section 50053 (standards for rental units).
2. Affordable I-lousing Unit. A dwelling unit required by this Chapter to be affordable
to Extremely Low, Very Low, Lower, or Moderate Income Households. Accessory
•
21-10164/263922
147
ORDINANCE NO. 4235
dwelling units (ADUs) do not satisfy the affordable housing obligation nor do they
trigger the affordable housing obligation.
3. Area Median Income. The midpoint of a County's gross income distribution
adjusted for household size as determined by the California l-lousine. and Community
Development Department (HCD)annually.
4. Extremely Low-Income. Households whose incomes meet the standards defined
by the H&SC Section 50106, or a successor statute.
5. Lower Income. Households whose incomes meet the standards defined by the
H&SC Section 50079.5, or a successor statute.
6. Moderate-Income. Households whose incomes meet the standards defined by
the H&SC Section 50093, or a successor statute.
7. New Residential Project. Development that includes the creation of three or
more new dwelling units, conversion of nonresidential uses to dwelling units, or the
conversion of a use from a residential rental development to a residential ownership
development.
S. Ownership Units. Dwelling units constructed as part of a New Residential
. Project, or contained within a rehabilitation project, offered for individual unit sale,
including, but not limited to, single-family detached or attached homes,
condominiums, or cooperatives.
9. Phasing Plan. A detailed plan provided by a developer that outlines each
segment or phase of construction including housing units and site improvements to be
developed in a New Residential Project.
10. Very Low-Income. Households whose incomes meet the standards defined by
the I-l&SC Section 50105, or a successor statute.
C. Applicability. Unless otherwise specified in the Specific Plan, this Section shall apply
to New Residential Projects of three or more units in size.
1. Affordable Housing Obligations. All New Residential Projects must be restricted,
as set for herein, to contain a minimum of 10% of Affordable Housing Units. In the
event a fractional unit is established, the Affordable I-lousing Unit count shall be
148
ORDINANCE NO. 4235
rounded up; unless paragraph (C)(2) of this section applies. For projects providing
affordable units onsite, an equivalent in-lieu fee may be paid instead of rounding up.
2. Developers of residential projects may elect to fulfill the affordable housing
obligations imposed by this Section by providing Affordable Housing Units at the New
Residential Project site pursuant to subsection D below (onsite production) or through an
applicable alternative compliance option as provided by subsection E below (alternatives
to onsite production).
3. For purposes of determining the required number of Affordable Housing Units,
only new units shall be counted. Construction of an accessory dwelling unit does not
trigger the affordable housing obligation.
1), Options for Fulfilling Affordable Housing Obligations: On-Site Production
1. Affordable Ownership Housing Units
a. Pursuant to section 23026(F), New Residential Project Owners or Developers
shall place an affordability covenant on Ownership Units that is set at the
Moderate-Income Household affordability level.
b. The Affordable I-lousing Units shall be built concurrently with the market rate
units as provided with an approved Phasing Plan.
c. The bedroom mix for the affordable units shall be proportional to the bedroom
mix of the market rate units. The affordable units may be no more than 20%
smaller in square footage than the average square footage of the market rate
units.
d. All exterior and interior improvements, finishes, appliance packages, etc., for
the affordable units shall be comparable to the base level market rate units.
2. Affordable Rental Housing Units within an Ownership Housing Project
a. The affordability covenant placed on Rental Units is set at the Low-Income
level, but the developer may choose to fulfill the affordable housing
requirement with units at the Very-Low or Extremely-Low Income level.
b. A Market Rate Developer may create a separate affordable housing parcel
within the New Residential Development site and enter into an agreement with
an Affordable Housing Developer to construct, own, and operate the affordable
3
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ORDINANCE NO. 4235
housing units. The Affordable Housing Developer is required to enter into an
Affordable Housing Agreement with the City, subject to the following:
i. The Affordable Housing Developer shall have recent relevant
experience and be approved by the Community Development Director
or their designee.
ii. The Affordable Housing Developer and/or Market Rate Developer may
not request any financial assistance from the City.
c. The bedroom mix is not required to match the unit mix provided in the market
rate ownership housing project. At least 40%of the affordable units shall
include at least two bedrooms.
d. The affordable units shall be built concurrently with the market rate project.
The Affordable Housing Units may be constructed in phases if the market rate
project is developed in phases, with an approved Phasing Plan.
3. Affordable Rental Housing Units
a. Pursuant to section 230..26(F), New Residential Project owners or developers
shall place an affordability covenant on Rental Units at the Low-Income
Household affordability level, but the developer may choose to fulfill the
affordable housing requirement with units at the Very-Low or Extremely-Low
Income Household affordability level.
b. The affordable units shall be built concurrently with the market rate project.
The Affordable I-lousing Units may be constructed in phases if the market rate
project is developed in phases, with an approved Phasing Plan.
c. The bedroom mix for the affordable units shall be proportional to the bedroom
mix of the market rate units. The affordable units may be no more than 20%
smaller in square footage than the average square footage of the market rate
units.
d. The minimum construction standards for interior improvements of the
affordable units shall be the same as those imposed by the Low-Income
Housing Tax Credit (LIHTC).
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ORDINANCE NO. 4235
E. Options for Fulfilling Affordable Housing Obligations: Alternatives to On-Site
Production
1. Off-Site Production of Affordable 1-lousing Units
a. Except as may be required by the California Coastal Act or Government
Code Section 65590 or a successor statute, developers may provide the
required_Affordable Housing Units oft-site, at one or several sites, within the
City of 1-luntinaton Beach.
b. Pursuant to Section 230.26(F), New Residential Project owners or developers
shall place an affordability covenant on the off-site units that is set at 15%of
the total number of units included in the New Residential Project that
generated the affordable housing obligation. The affordability covenant
placed on the off-site Affordable Housing Units shall be at the Low-Income
Household affordability level, but the developer may choose to fulfill the
affordable housing requirement with units at the Very-Low or Extremely-Low
Income Household affordability level. The affordability covenant shall
specify the off-site Affordable Housing Units shall be rental units,
c. The provision of the off-site Affordable Housing Units shall not create an over
concentration of Affordable 1-lousing Unites in any specific area.
d. The design, building quality, and maintenance standards shall be the
requirements imposed by the LII-ITC minimum construction standards.
e. The bedroom mix for the affordable units is not required to match the mix
provided in the market rate project that is subject to the affordable housing
obligations. At minimum, 40%of the affordable units shall include at least
two bedrooms.
f. Pursuant to Section 230.26(F), a market rate developer may enter into an
agreement with an affordable housing developer to construct, own and operate
the off-site affordable housing project. The affordable housing developer is
required to enter into an Affordable 1-lousing Agreement with the City, subject
to the following:
a
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ORDINANCE NO. 4235
i. The Affordable I-lousing Developer shall have recent relevant
experience and be approved by the Community Development Director
or their designee.
ii. The Affordable Housing Developer and/or Market Rate Developer may
not request any financial assistance from the City.
iii. All off-site affordable units shall be constructed prior to or concurrently
with the market rate project that generated the affordable housing
obligation. If the,market rate project is developed in phases, with an
approved Phasing Plan, the affordable units may be developed along
with the first phase of the market rate project. Final approval
(occupancy) of the first market rate residential unit shall be contingent
upon the completion and public availability, or evidence of the
applicant's reasonable progress towards attainment of completion, of
the affordable units.
2. Existing Units Acquisition and Rehabilitation Projects
The City Council has the discretion, but not the requirement, to approve a
developer's request to acquire, rehabilitate, and place affordability covenants on
existing off-site units. The request shall meet either of the following threshold
requirements in order to fulfill a project's affordable housing obligation:
a. The project(s) shall be identified as at-risk in the City's Housing Element; or
b. The project is a motel that can be adaptively reused as residential units.
Additional requirements for acquisition and rehabilitation projects:
a. The developer or owner shall place an affordable housing covenant on the
Affordable I-lousing Units that are equal to at least 20% of the units in the
New Residential Project that trigged the affordable housing obligation.
b. The rents charged for the rehabilitated units shall be set at the lesser of the
11&SC 50053 rents or at least 10% discount from the achievable market
rents for the units, subject to annual monitoring and reporting.
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ORDINANCE NO. 4235
c. If there arc more units in the acquisition and rehabilitation project than are
required to fulfill the affordable housing requirement, those units may be
rented at market rate.
3. Land Dedication.
The City Council has the discretion, but not the requirement, to allow a developer
to dedicate property in lieu of constructing Affordable Housing Units. The following
requirements arc applicable to any property proposed to be dedicated:
a. The property shall be located within the City of Huntington Beach.
b. The developer shall convey the property to the City at no cost.
c. The property proposed to be dedicated shall yield a minimum of 20% of the
total units constructed within the market rate project:
i. The site's existing General Plan and zoning standards shall allow for a
residential use at a density sufficient to allow for the requisite number of
affordable units to be developed without a density bonus request.
ii. The site shall be suitable in terms of size. configuration, and physical
characteristics to allow for the requisite number of affordable units to be
developed on a cost efficient basis.
iii. The bedroom mix for the affordable units shall be proportional to the
bedroom mix of the market rate units. The affordable units may be no
more than 20% smaller in square footage than the average square footage
of the market rate units.
d. The developer shall provide evidence of the following when the land dedication
proposal is submitted:
i. A title report showing the developer/owner has lien-free, fee simple
title. Any encumbrances or easements that adversely impact the
property's title shall be disclosed and will be factored into the estimated
value of the interests proposed to be conveyed to the City.
ii. An appraisal dated within 30 days of the application by a Member
Appraisal Institute (MAI) appraiser.
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ORDINANCE NO. 4235
iii. A Phase I Environmental Site Assessment and a Phase II
Environmental Site Assessment if the Phase 1 report indicates that
hazardous materials were potentially previously used on the site.
iv. The property shall not contain any hazardous materials at the time the
land dedication proposal is submitted. If hazardous materials were
previouslyremediated, a site closure letter from the appropriate
regulatory agency showing evidence that the site was remediated to
residential standards is required.
e. The property shall not have been improved with any residential use for at least
five years prior to the submission of a land dedication proposal.
f: Payment in full of all taxes and/or assessments shall have been made when the
proposal is submitted, and again prior to conveyance of'the property to the City.
g. The construction of'affordable units on the property shall,not create an over
concentration of low income housing in any specific area.
h. The property shall be fully served by the necessary infrastructure prior to
conveyance to the City.
i. To assist the City in evaluating land dedication proposals, the developer shall
submit a conceptual site plan and narrative description of a project that could be
developed on the property.
4. Fee Payment in Lieu of Construction
a. Developers of the following New Residential Project types may pay an in-lieu
lee to fulfill Affordable Housing Obligations:
i. Ownership residential projects proposing any number of units.
ii. Rental residential projects proposing 100 units or fewer.
b. The amount of the in-lieu fees shall be calculated using the fee schedule
established by Resolution of the City Council.
c. A project may be permitted to pay in-lieu fees if it does not meet the eligibility
standards of this section if the City Council determines, at its discretion, that the
requirement to provide affordable housing units would impose an extreme
hardship on the developer.
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ORDINANCE NO. 4235
d. One hundred percent of the fees required by this section shall be paid prior to
issuance of a building permit. However, for phased projects the developer may
pay a pro rata share of the in-lieu fee concurrently with the issuance of building
permits for each development phase, as approved by a Phasing Plan.
e. Fees paid to fulfill the requirements of this section shall be placed in the City's
Affordable Housing Trust Fund, the use of which is governed by subsection F
of this section.
f. Fees paid as a result of-new residential projects shall be based upon the total
number of the new residential units which are to be constructed prior to the
grant of any density bonus.
F. Miscellaneous Provisions.
1. An Affordable Housing Agreement placing a covenant that runs with the land and
outlining all aspects of the Affordable I-lousing Obligations, including but not limited
to the affordability term for the restricted units, shall be executed between the applicant
and the City and recorded with the Orange County Recorder's Office.
2. The Affordable Housing Agreement shall specify an affordability term of not less
than 55 years for rental units or 45 years for ownership units.
3. In general, the Affordable Housing Trust Funds shall be used for projects which
have a minimum of 50% of the dwelling units affordable to very low- and low-income
households, with at least 20% of the units available to very low-income households.
Concurrent with establishing the annual fee schedule pursuant to subsection E of this
section, the City Council shall by resolution set forth additional permitted uses of
•
Affordable Housing Trust Funds. To obtain Affordable Housing Trust Funds, the
recipient shall enter into an affordable housing agreement as set forth above, and shall
maintain the affordability of the units for a minimum of 55 years. The funds may, at
the discretion of the.City Council, be used for pre-development costs, land or air rights
acquisition, rehabilitation, land write downs, administrative costs, gap financing, or to
lower the interest rate of construction loans or permanent financing.
4. New affordable units shall be occupied in the following manner:
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ORDINANCE NO. 4235
a. Any existing residents shall be allowed to occupy their units until six months
before the start of construction activities with proper notice.
b. The developer shall provide relocation benefits to the occupants of the
affordable units that are displaced.
c. if residential rental units are being demolished and the existing tenant(s) meets
the eligibility requirements, he/she shall be given the right of first refusal to
occupy a comparable unit available in the new housing development affordable to
the household at an affordable rent (e.g. Extremely-Low Income, Very-Low
Income, Low-Income, Moderate Income, Market Rate).
d. If there are no qualified tenants, or if the qualified tenant(s) chooses not to
exercise the right of first refusal, or if no demolition of residential rental units
occurs, then qualified households or buyers will be selected.
G. Annual Program Review and Periodic Adjustment of the Fee. Within 180 days
after the last day of each fiscal year, the City Council shall review the status of the City's
Affordable Housing Trust Fund, including the amount of fees collected, expenditures from
the Affordable Housing Trust Fund, and the degree to which the fees collected pursuant to
this chapter are assisting the City to provide and encourage low- and moderate-income
housing. The fee shall be updated annually using the Real Estate and Construction Report
published by the Real Estate Research Council of Southern California. The fee change shall
be based on the percentage difference in the new home prices in Orange County published
in the fourth quarter report for the then current year versus the immediately preceding year.
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ORDINANCE NO. 4235
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the Slit-day of eCie be-r- , 2021.
Mayor
ATTEST; APPROVED AS ORM:
Cie), Clerk City Attorney tk
R. I VED AND ROVED: INITIATED AND APPROVED:
-01 VAA
City Manager Director of Community Development
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Ord. No. 4235
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 September 21, 2021, and was again read to said City
Council at a Regular meeting thereof held on October 5, 2021, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Bolton, Deluleize, Carr, Moser, Kalmick
NOES: Peterson
ABSENT: Posey
ABSTAIN: None
I.Robin Estanislau.CITY CLERK of the City of Huntington
Beach and ex-olFcio Clerk of the City Council.do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on October 14.2021. 9,6$44.14,44d
In accordance with the City Charter of said City. `L-IrwIrL^.V
Robin Estanislau. City Clerk City Clerk and ex-officio Clerk
Dcnuty City Clerk or the City Council of the City
of Huntington Beach, California
158
Resolution No. 2023-61
• Exhibit C
ORDINANCE NO. 4230
AN.ORD1NANCE OF THE CITY COUNCIL OF THE CITY OF I-HUNTINGTON BEACH
- • AMENDING CHAPTERS 2.33, AND 2.56 OF THE I-IUNTINGTON BEACH MUNICIPAL •
CODE; CHAPTERS 240, 248, 250 AND 251 OF THE HUNTINGTON BEACH ZONING
AND SUBDIVISION CODE REMOVING ALL REFERENCES TO THE SUBDIVISION AND,
. ENVIRON,MENTAL ASSESSMENT SUBCOMMITTEES .
(ZONING TEXT AMENDMENT NO. 21-002)
WHEREAS, Zoning Text Amendment No. 21-002' will amend the Huntington Beach
• Municipal. Code and Huntington Beach 'Zoning and. Subdivision Ordinance to eliminate the
Subdivision Committee and Environmental Committee, and
The Huntington Beach Planning,Commission and Huntington Beach City Council have
held separate, duly noticed public hearings to consider Zoning Text Amendment No. 21-002; 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 2.33.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows: .
2.33.03.0 Department Objectives •
. The objectives of the department shall be as follows:
A. Provide long-range data analysis and cotnprehensive•planning, including statistical
• research neighborhood planning and analysis; special projects, and methods of.
• implementing plans and programs. .
• B. Administer ongoing and continuing planning and zoning functions, including
. administration of zoning and subdivision ordinances.
•
• C. Provide services to developers and investors to assist in facilitating development or
to encourage new development in accordance with policies of the City Council.
D. Administer and enforce laws, ordinances, regulations and programs related to
housing, zoning and property maintenance. •
E. • Provide staff services and support to the Planning.Commission, Zoning
Administrator, Design Review Board, Environmental Board, and other committees,
subcommittees, hoards and commissions pertaining to planning. •
F. Administer and enforce state and local construction regulations to protect the health
• and safety of the community. • :
G. Utilize automation to improve the access to information and services. •
21-9502/252529
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ORDINANCE NO. 4230
H. Provide plan review and inspection services in a professional, flexible and equitable
manner.
I. Perform such other related duties as shall be required by law, ordinance or the City
Manager.
SECTION 2. Section 2.56.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.56.030 Director—Powers and Duties
The Director of Public Works shall be the head of the Public Works Department, and
shall be appointed by the City Manager. The director shall have the following powers and
duties:
A. Plans, organizes, directs and coordinates all divisions, programs and activities of the
Public Works Department.
13. Determines and directs department policies, procedures, and organization.
C. Establishes and maintains systems for public flood control, sewers, streets, parks,
City facilities, potable water, landscape services and basic public health and safety.
D. Assists boards, commissions and committees which encourage, foster, promote and
facilitate the objectives of the department including, but not limited to, the Planning
Commission, Community Services Commission, Public Works Commission, Board of
Zoning Adjustments, or appoints deputy so to assist.
E. Investigates and authorizes purchase of materials, services and equipment necessary
to implement and operate department activities within the scope of the department
budget.
f , Communicates department plans, policies and activities to various governmental
agencies and civic groups in the advancement of department objectives under the
direction of the City Manager.
G. Prepares, submits and administers department budget.
H. ' Investigates, analyzes, and makes recommendations as to construction or
improvement bids on Public Works projects, and administers the contract upon approval
of the City Council.
I. Performs such other duties and has such other powers as the City Council may
establish hereafter by resolution.
J. Administration and enforcement of appropriate sections of Titles 8, 12, 13 and 14 of
the Huntington Beach Municipal Code.
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ORDINANCE NO. 4230
SECTION 3. Section 240.040 of the Huntington Beach Zoning Code is hereby amended
to read as follows:
240.040 Environmental Review
A. l'urpose. The purpose of this section is to implement the California Environmental
Quality Act of 1970 (CEQA). This section shall apply to all permits or entitlements,
not otherwise exempt, requiring discretionary action by the City. The City Council
shall by resolution adopt policies, objectives, criteria, and procedures regulating
environmental evaluation of public and private projects. This section and the
provisions adopted by resolution provide the basic principles, objectives, criteria,
procedures, and definitions to ensure consistent implementation of the California
Environmental Quality Act.
B. Administration. The director shall be responsible for:
1. Preparing and processing all environmental documents necessary to comply with
CEQA, the guidelines of the California State Resource Agency as authorized under
the Public Resources Code Section 21083, and such additional provisions as may
be adopted by the City of Huntington Beach; and
2. Contracting for private, professional consultation for preparation of environmental
. impact reports.
C. Environmental Determination. Prior to any project approval, the discretionary body
shall first act upon the negative declaration or the environmental impact report (EIR).
The discretionary body acting on the project may adopt the negative declaration or may
reject it and require an environmental impact report. The discretionary body may
certify the environmental impact report or reject it, if deemed incomplete.
D. Mitigation Measures. Any feasible change or alteration to the project which avoids
or substantially lessens the significant environmental impacts identified in the negative
declaration or final EIR shall be incorporated as a condition of approval imposed on
the project. The condition of approval shall also describe the time period and the
manner in which the mitigation measure must be satisfied.
E. Monitoring and Reporting Program. The City requires a reporting or monitoring
program be prepared to ensure compliance of mitigation measures during project
implementation. The project applicant shall be responsible for ensuring completion of
the program and shall submit to the City reports indicating the status of compliance.
The City may obtain or require an independent analysis of any completed reports
submitted as required by a mitigation measure. The cost of the analysis shall be paid
by the project applicant.
Prior to the final inspection the monitoring program report shall be completed and
accepted by the City. A separate report may be required for each phase of a project
constructed in phases.
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ORDINANCE NO. 4230
F. Appeal. Any decision of the committee may be appealed to the discretionary body
which has original jurisdiction over approval of the project as provided in this Code.
The appeal shall be heard prior to the discretionary body's action on the project.
SECTION 4. Section 248.16 of the Huntington Beach Zoning Code is hereby amended to
read as follows:
248.16 Finality of Decision and Time for Appeal
A decision on a discretionary approval is not final until the time for appeal expires. The
time for appeal from a decision by the Zoning Administrator, Design Review Board, or the
Planning Commission shall be filed within 10 calendar days after the date of the decision.
Appeals may not be processed on actions which must be heard by and receive final action
by the City Council, except that Coastal Development Permits for development located in
the appealable area of the coastal zone may be appealed to the Coastal Commission as
described in Section 245.32.
SECTION 5. Section 248.18 of the Huntington Beach Zoning Code is hereby amended
to read as follows:
248.18 Designation of Hearing Body on Appeal
The Planning Commission shall hear an appeal from the decision of the director, Zoning
Administrator, Design Review Board. The City Council shall hear an appeal from the
decision of the Planning Commission. The decision of the City Council is final, except that
Coastal Development Permits for development located in the appealable area of the coastal
zone may be appealed to the Coastal Commission.
SECTION 6. Section 248.22 of the Huntington Beach Zoning Code is amended to read
as follows:
248.22 Appeal of Failure to Act
An applicant may appeal the failure of the Zoning Administrator, Design Review Board
or Planning Commission to act on an application if the failure to act continues beyond a
reasonable time and the time to act is not otherwise fixed by law. The appeal body shall
consider all of the circumstances surrounding the application in determining what is a
reasonable time.
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ORDINANCE NO. 4230
SECTION 7. Section 248.28 of the Huntington Beach Zoning Code is amended to read as
follows:
248.28 Appeal by City Council Member or Planning Commissioner
A. A City Council member or a Planning Commissioner may appeal a decision of the
director, Design Review Board, Planning Commission or Zoning Administrator. The
appeal shall be processed in the same manner as an appeal by any other person but need
not be accompanied by the fee prescribed for an appeal.
B. The City Council member or Planning Commissioner appealing the decision is not
disqualified by that action from participating in the appeal hearing and the deliberations
nor from voting as a member of the reviewing body.
SECTION 8. Section 250.10 of the Huntington Beach Zoning Code is amended to read as
follows:
•
250.10 Definitions
For the purposes of this title, unless otherwise apparent from the context, certain words
and phrases used in this title are defined in this section as set forth below. All definitions
provided in Chapters 1.04 and 203 and Section 245.-04 of the Municipal Code and all
definitions provided in the Subdivision Map Act shall also be applicable to this title and
said definitions are hereby incorporated by this reference as though fully set forth herein.
Access Rights. The right of abutting landowners or occupants to obtain access to an
abutting public way.
Acreage. Any parcel of land which is not a lot, as defined in this chapter, and those areas
where a legal.subdivision has not been made previously, or where a legal subdivision has
declared such parcel as acreage.
Block. The area of land within a subdivision, which area is entirely bounded by streets,
highways or ways, except alleys, or the exterior boundary or boundaries of the
subdivision.
Certificate of Compliance. A valid authorization, issued by the City, stating that the
subdivision of creation complies with City subdivision laws applicable at the time of
creation or stating that the subdivision complies with the Subdivision Map Act and this
title.
City Engineer. The City Engineer of the City of Huntington Beach.
Collector Street. A street, intermediate in importance between a local street and an
arterial highway, which has the purpose of collecting local traffic and carrying it to an
arterial highway.
Conversion. The creation of separate ownership of existing real property together with a
separate interest in space of residential, industrial or commercial buildings.
Cul-de-Sac. A local street, one end of which is closed and consisting of a circular
turnaround.
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ORDINANCE NO. 4230
Day. A calendar day unless otherwise specified.
Department. The Community Development Department of the City of Huntington
Beach.
Department of Public Works. The Department of Public Works of the City of
Huntington Beach.
Director. The Director of the Community Development Department of the City of
Huntington Beach.
Easement. A grant of one or more property rights by the owner to the City, a public
entity, public utility, or private party.
Final Map. A map showing a subdivision of five or more parcels, prepared in accordance
with the provisions of the Subdivision Map Act and this title and designed to be placed
on record in the office of the Orange County Recorder.
Lot Line Adjustment. A minor shift or rotation of an existing lot line where a greater or
lesser number of parcels than originally existed is not created.
Merger. The joining of two or more contiguous parcels of land under one ownership into
one parcel.
Parcel. A unit or portion of a unit of improved or unimproved land.
Parcel Map. A map showing a subdivision of four or fewer parcels or a subdivision
pursuant to the exceptions stated in Section 66426 of the Subdivision Map Act prepared
in accordance with the provisions of the Subdivision Map Act and this title and designed
to be placed on record in the office of the Orange County Recorder.
Parkway. That area between the curb face and abutting property line.
Person. Any individual, firm, co-partnership,joint venture, organization, corporation,
estate, trust, receiver, syndicate, this City, and any other public agency.
Private Street. Any street or accessway which is privately held, maintained and utilized
as access to a development.
Remainder. That portion of an existing parcel which is not divided for the purpose of
sale, lease, or financing nor part of the subdivision.
Scenic Easement. An easement dedicated to the City that protects a view from a specific
location or locations to a specific visual resource by prohibiting or limiting development.
Service Road. A street adjacent to and providing access to an arterial highway.
Standard Engineering Specifications. Specifications for public improvements adopted
by the Department of Public Works.
Standard Plans. Plans and engineering drawings for public improvements as adopted by
the Department of Public Works.
Subdivision Map Act. The provisions of Division 2, Subdivisions of the
California Government Code, relating to subdivisions of land and real property
commencing with Section 66410.
Tentative Map. A map made for the purpose of showing the design and improvements
of a proposed subdivision and the existing conditions in and around it precedent to the
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ORDINANCE NO. 4230
approval of a final map. Tentative map shall include a tentative parcel map, prepared
pursuant to the provisions of this title.
Usable Parcel Area. That portion of a parcel which does not exceed a slope of 10%. Any
portion of the parcel exceeding 10% shall, for the purpose of this title, be considered
slope and not usable parcel area.
Vesting Tentative Map. A tentative map for a residential subdivision that has, printed
conspicuously on its face, the words "vesting tentative map" at the time it is filed with the
City, and is processed in accordance with the provisions of Chapter 252 of this title.
SECTION 9. Section 250.12 of the Huntington Beach Zoning Code is amended to read as
follows:
250.12 Responsibilities
A. City Attorney. The City Attorney's responsibilities shall include approving as to
form all subdivision improvement agreements; covenants, codes, and restrictions;
security, liability agreements and insurance; and all governing documents for a
community apartment project, condominium, stock cooperative, or conversion.
B. City Council.
1. The City Council shall have final jurisdiction in the approval of final maps and
improvement agreements and the acceptance by the City of land and/or
improvements as may be proposed for dedication to the City for subdivisions of five
or more parcels.
2. The City Council.shall act as the appeal board for hearing appeals of all
subdivision maps acted upon by the Planning Commission.
C. Planning Commission. The'Planning Commission's responsibilities shall include
approving, conditionally approving, or denying the application for tentative map approval
of subdivisions of 10 or more parcels. The Planning Commission shall act as the appeal
board for hearing appeals of tentative parcel maps and tentative maps for subdivisions of
nine or fewer parcels.
D. Zoning Administrator. The Zoning Administrator's responsibilities shall include
the processing and approval, conditional approval or denial of tentative map approval of
subdivisions of nine or less parcels, tentative parcel maps and waivers of parcel map
requirements, mergers and certificates of compliance.
E. City Engineer. The City Engineer's responsibilities shall include:
1. Establishing design and construction details, standards and specifications.
2. Determining if proposed subdivision improvements comply with the
provisions of the Subdivision Map Act and this title.
3. The processing and certification of final maps, reversion to acreage maps, and
amended maps and the processing and approval of subdivision improvement plans.
4. Examining and certifying that final maps are in substantial compliance with
the approved tentative map.
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ORDINANCE NO. 4230
5. Final jurisdiction in the approval of parcel maps and certification of lot line
adjustments.
6. The inspection and approval of subdivision public improvements.
7. The acceptance of dedications and public improvements for subdivisions by
parcel map, and off-site dedications lying outside a subdivision boundary which
require a separate grant deed.
8. Collection of all required fees and deposits associated with final maps and
parcel maps except park and recreation fees.
F. Director. The director's responsibilities shall include the processing of tentative
maps and lot line adjustments.
1. Determinations of violations of the provisions of the Subdivision Map Act or
this title.
2.' The management of the Department of Community Development in carrying
out the responsibilities imposed upon it by this title. When necessary to carry out
the director's responsibilities hereunder, the director may designate and authorize a
representative to act on his or her behalf.
3. Collection of park and recreation fees and fees associated with tentative maps.
G. Coastal Commission. The Coastal Commission shall have appeal jurisdiction over
Coastal Development Permits approved for all subdivisions and lot line adjustments
located within the appealable area of the coastal zone that constitute development as
defined in Section 245.04 (Development).
SECTION 10. Section 251.08 of the 1-luntington Beach Zoning Code is amended to read as
follows:
251.08 Hearings and Action
A. Notice of Public Hearings. Upon receipt of an application that is accepted as
complete, the Department shall set a date for a public hearing, provide notice as required by
Chapter 248 and prepare a report with recommendations. A copy of the Department report
shall be forwarded to the subdivider at least three working days prior to the public hearing.
B. Planning Commission Action. The Planning Commission or Zoning Administrator as
the case may be, shall approve, conditionally approve, or deny a tentative map within 50
days alter the tentative map has been accepted. This time period shall commence after
certification of the environmental impact report, adoption of the negative declaration, or
determination that the project is exempt from the requirements of Division 13 (commencing
with Section 21000) of the Public Resources Code.
C. Factors to Be Considered. In reaching a decision upon the tentative map, the Planning
Commission or Zoning Administrator shall consider the effect of that decision on the
housing needs of the region and balance these needs against the public service needs of its
residents and available fiscal and environmental resources.
8
166
ORDINANCE NO. 4230
D. Approval. The tentative map may be approved or conditionally approved if the
following findings are made:
1. That the proposed map is consistent with the General Plan or any applicable
specific plan, or other applicable provisions of this Code;
2. That the site is physically suitable for the type and density of development;
3. That the design of the subdivision or the proposed improvements will not cause
serious health problems or substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the
Planning Commission or Zoning Administrator may approve such a tentative map if an
environmental impact report was prepared with respect to the project and a finding was
made that specific economic, social or other considerations make infeasible the
mitigation measures or project alternatives identified in the environmental impact
report;
4. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision unless alternative easements, for access or for use, will
be provided.
E. Denial. The Planning Commission or Zoning Administrator shall deny approval of a
tentative subdivision map if it determines that approval will result in any of the conditions
as described in Government Code Section 66474.
SECTION 11. 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 /47- day of `-V1-4.4- --- , 20 2,./ .
Mayor
ATTEST:
• . : 9...4 dig APPROVED AS TO FO :
City Clerk no- ( 74--
City Attorney Ci
i•
R EWED XD APPROVED: INITIATED AND APPROVED:
liCvqZ -
City Manager Community Development Director
9
167
Ord. No. 4230
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, 2021, and was again read to said City
Council at a Special meeting thereof held on June 1, 2021, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: Kalmick, Carr, Posey, Moser, Delgleize
NOES: Peterson
ABSENT: Ortiz •
ABSTAIN: None
I,Robin Cstanislau.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 10,2021. q
htaillelitAd
In accordance with the City Charter of said City. /��c
Robin Estanislau, City Clerk City C rk and ex-officio Clerk
Deputy Cit.Clerk of the City Council of the City
of Huntington Beach, California
168
•
Resolution No. 2023-61
• ORDINANCE NO. 4234 • Exhibit D
•
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 233
OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
ESTABLISHING ELECTRIC VEHICLE CHARGING STATION SIGN STANDARDS
(ZONING TEXT AMENDMENT 21-006) •
WHEREAS..pursuant to California State Planning and Zoning Law, the.Huntington
Beach Planning Commission and Huntington Beach City Council have held hearings to consider
Zoning Text Amendment No. 21-006, which will amend the Huntington Beach Zoning and
Subdivision Ordinance to establish electric vehicle charging station sign standards; and •
•
After due consideration of the findings and recomniendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General flan;
The City.Council of the.City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 233.14 of the Huntington Beach Zoning Code is hereby amended
to read as follows:
Off-site electronic readerboard signs may be permitted,subject to review by the Design Review
Board and approval of a conditional use permit by the Zoning Administrator. Oft-site electronic
- . readerboards as part of an electric vehicle charging station may be permitted subject to building
• permit and compliance with criteria in 233.14 F. Approval of all other electronic readerboard
.signs shall be subject to the following criteria A. through E . •
: ..A. Required Findings. Prior to approving a conditional use permit to allow a multiple.user
• electronic readerboard sign, the Zoning Administrator shall make the following findings:
• I. The proposed electronic readerboard sign conforms with the standards and criteria
as set forth in the Huntington Beach Zoning and Subdivision Ordinance.
. 2. The proposed electronic readerboard sign.will not adversely impact traffic
, -1 -circulation in adjacent right-of-way or create,a hazard to vehicle or pedestrian traffic.
B. Multiple User Readerboard Sign Criteria.
I. Multiple user electronic readerboard signs may be located at a site which is not
the location of any of the parties using the sign for advertising.
. • 2 Multiple user electronic readerboard shall be freestanding. •
-
•
• 3. The maximum sign area shall be 1,200 square feet.
. 4. . '1 he.maximum height of a multiple user'readerboard sign shall be 85 feet.
5. The multiple user readerboard shall have cylinders or directional incandescent
lamps and have a shade screcn.or louver system, a shade screen and a photocell for
• reducing the intensity of lighting at night.
C. Lighting Standards. •
. 1. The maximum nighttime light intensity and illuminance shall conform to the
following:
Maximum'Night Time Intensity
•
••
•
21-10101/262856 •
169
ORDINANCE NO. 4234
Height from Ground (in feet) 5 10 20 30 50 70 85
Max. Intensity (x 1,000 125 130 145 170 250 370 490
lumens)
Maximum Night Time Illuminance
Land Use at Receptor Site Residential Commercial Other
Max. Illuminance (foot- 0.3 2.0 1.0
candles)
The maximum night time illuminance shall be measured at the receptor site, at ground
level, by a direct reading, portable light meter. Measurements shall not be made within
one hour after sunset or before sunrise.
2. Illuminance shall be determined by the difference between a reading taken with
the sign on and another reading taken within three minutes with the sign off:
3. An illuminance chart shall be prepared by a licensed engineer and submitted to
the Director for approval prior to installation. Conformance with this section shall be
verified by actual measurements made, as specified herein, after installation. The
method of measurement and results shall be subject to approval of the Director.
D. Location Requirements.
1. A multiple user readerboard shall be located no farther than 200 feet from a
freeway.
2. The minimum distance between multiple user readerboards shall be 1,000 feet.
3. The sign shall be a minimum distance of 600 feet from residential properties.
E. Other Standards.
1. No off-site electronic readerboard will be permitted except for multiple users.
2. At least 20% of the message time, or any percentage deemed necessary by the
City for emergency conditions, shall be used for public service announcements.
3. Messages in a multiple user sign shall be no faster than one message every four
seconds and the minimum interval between messages shall be at least one second.
4. Light intensity changes (other than between day and night uses) are not
permitted.
F. Electronic Vehicle Charging Station Sign (EVCSS) Standards.
1. The EVCSS shall have a maximum of two (2) sides and a maximum of nine (9)
square feet of signage on each side. The maximum height of an EVCSS is five (5)
feet and shall be designed with a solid monument type base and integrated into the EV
charging station.
2. All EVCSS shall be located at the head of each parking stall and oriented toward
the single vehicle user and/or adjacent sidewalk. The EVCSS shall maintain a
2
170
ORDINANCE NO. 4234
minimum 10 feet by 10 feet visibility triangle at the foot of each parking stall. The
EVCSS shall not encroach into the required parking stall dimensions. If located within
a landscaped area, any required landscaping shall be replaced. .
3. Only static or still pictures and images are permitted on the EVCSS; moving
video type images are not permitted.
4. No audio or sound components are permitted on the EVCSS.
5. The EVCSS shall be located a minimum of 150 feet from any residential property
line or residential use.
6. The EVCSS shall dim by at least 50% between 8:00 pm and 8:00 am.
7. There shall be a maximum of two (2) EVCSS for every 100 parking stalls on the
property.
8. An EVCSS with Level 1 (approximately 120 volt outlet) and Level 2 Chargers
(approximately 240 volt outlet) shall be provided free of charge to the public
consumer; Level 3 Direct Current Fast Chargers (approximate range in output from 50
kW to 350 kW) may include a fee to the consumer.
9. Each EVCSS shall comply with 233.14 C. Lighting Standards. .
10. Each EVCSS shall comply with 233.14 E. Other Standards.
11. Electric vehicle charging stations, which include readerboard signage granted
under this section, shall be in operational working condition at all times and, at a
minimum, available for use during regular business hours. When an electric vehicle
charging station is not operational for 14 consecutive days, it shall be considered to
have been removed from service. If removed from service, the EVCSS shall be
removed from the site and the parking spaces shall be returned to their original
condition within 30 days.
SECTION 2. 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 1st day of March , 2022.
,
--,J. • —
Al I EST:
Mayor
i4• ., i 4 71-
APPROVED A :
City Clerk
City Attorney t I
VIEWED AND APPROVED: 1TIAT-7? A 4.P ED:
A.n,44•••- i" 1,.............
y Manager Community Development Director
3
171
Ord. No. 4234
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 February 15, 2022, and was again read to said City
Council at a Regular meeting thereof held on March 1, 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 I luntington
Beach and ex-officio Clerk of the City Council.do hereby
certify that a synopsis of this ordinance has been published in
the Iluntington Beach Wave on March ID.2022. _4.11 y
4/214)41044)
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
172
Resolution No. 2023-61
Exhibit E
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 readas 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 173
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
174
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 Lame) , 2022.
�`i
Mayor 11,:'
ATTEST: APPROVED AS TO FORM:
elerY/'
City Clerk ity Attorney U"`t/
ATTEST: APPROVED AS TO FORM:
V
City anager Director of Community Development
3
175
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
Bcach 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. ,( f/i�[
In accordance with the City Charter of said City. v�[
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
176
Resolution No. 2023-61
Exhibit F
ORDINANCE NO. 4259
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING OBJECTIVE
STANDARDS FOR URBAN LOT SPLITS AND HOUSING
UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9,
AND MAKING A FINDING OF EXEMPTION UNDER CEQA
WHEREAS, the City of Huntington Beach is a charter city and municipal corporation duly
created and existing under.a charter pursuant to which the City has the right and power to make
and enforce all laws and regulations in respect to municipal affairs.
WHEREAS, the State of California has said that it is experiencing a housing supply crisis,
which has particularly exacerbated the need for affordable homes at prices below market rates.
WHEREAS,the California Legislature passed, and the Governor signed Senate Bill 9(SB 9),
which requires local agencies,including charter cities,to ministerially approve urban lot splits and
development of two residential units in single family residential zoning districts provided that the
projects meet certain criteria in order try to provide more housing in the State.
WHEREAS, the City Council adopted Urgency Ordinances No 4249 and 4253, interim
ordinances that established standards and procedures for projects developed according to the
regulations included in SB 9, while preserving the City's ability to accept, process, and approve
applications for multifamily housing in single-family residential zones, including within specific
plan areas, consistent with the intent of the SB 9 legislation.
WHEREAS,the interim regulations terminate on March 2, 2023,.which is 10 months and 15
days from the expiration of Interim Urgency Ordinance No. 4249, or upon the adoption of a
permanent ordinance that regulates SB 9 development projects.
WHEREAS, since the passage of the interim regulations, City staff reviewed the diverse land
parcels that exist throughout the City, as well as the impact of the interim objective standards.
WHEREAS,pursuant to the California State Planning and Zoning Law,the Huntington Beach
Planning Commission and Huntington Beach City Council have held separate, duly noticed public
hearings to consider Zoning Text Amendment No. 22-002, which adds Chapter 237, Objective
Standards for SB 9 Development Projects, establishing ministerial review procedures and
objective development and design standards for SB 9 projects in Residential Low Density (RL)
designated areas.
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Notwithstanding any other ordinance or provision of the Huntington Beach
Municipal Code or Huntington Beach Local Coastal Program, SB 9 Development Projects, as
defined herein, are prohibited unless the project complies with Chapter 237 of Title 23 of the
Huntington Beach Zoning Code, amended here in its entirety,to read as follows:
177
Ordinance No. 4259
"Chapter 237 OBJECTIVE STANDARDS FOR SB 9 DEVELOPMENT PROJECTS
237.02 Purpose
The provisions of this Chapter establish standards and procedures for projects developed pursuant
to the regulations included in Senate Bill 9 (SB 9) in order to qualify for ministerial approval.
237.04 Definitions
The following terms used in this Chapter shall have the meanings indicated below:
"Primary Residence"means the original dwelling on the property.
"Senate Bill 9 (SB 9)" means a state law passed by the California State Senate and approved by
the Governor on September 16, 2021. The legislation amends Government Code Section 66452.6
and adds Government Code Sections 65852.21 and 66411.7.
"Senate Bill 9 (SB 9) Development Project" consists of an Urban Lot Split or Single Family
Residential Duplex project approval pursuant to SB 9.
"Single Family Residential Duplex" means a proposed housing development containing no more
than two residential units on a single lot within an RL Low Density Residential District or other
identified low density residential area located within a Specific Plan. A housing development
contains two residential units if the development proposes no more than two new units or if it
proposes to add one new unit to one existing unit.
"Gross Floor Area"means the total enclosed area of a Single Family Residential Duplex,measured
to the outside face of the structural members in exterior walls, and including halls, stairways,
elevator shafts at each floor level, service and mechanical equipment rooms, and habitable
basement or attic areas, but excluding area for vehicle parking and loading, consistent with
Huntington Beach Zoning Code Section 203.06.
"Urban Lot Split"means a parcel map subdivision permitted pursuant to SB 9 that creates no more
than two new parcels of approximately equal lot area, subject to the requirements of this Chapter.
"Unit" means any dwelling unit, including, but not limited to, a unit or units created pursuant to
Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in
Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government
Code Section 65852.22.
237.06 Applicability
Notwithstanding any other provision of the Huntington Beach Municipal Code or Local Coastal
Program, the provisions of this Chapter shall apply to SB 9 Development Projects. Except as
expressly provided in SB 9 or in this Chapter, all other regulations of the underlying zone of a
property developed pursuant to SB 9 shall apply, along with all other applicable regulations from
the City of Huntington Beach Municipal Code and Local Coastal Program.
2
22-11353/285531
178
Ordinance No. 4259
237.08 Ministerial Compliance Review Procedure
A. Proposed SB 9 Development Projects shall be subject to ministerial review by the
Community Development Department to determine whether the criteria for approval have been
met. The applicant shall also obtain a building permit, in addition to any and all other permits
required by the Code. An Urban Lot Split shall be processed as a parcel map, but no discretionary
review or public hearing shall be conducted, and with ministerial approval if all required criteria
have been met.
B. Application Processing. Applicants are required to submit a General Planning application,
accompanied by a fee set by City Council Resolution, and including submittal requirements
designated by the Community Development Director. The applicant and the owner of a property,
for which an SB 9 Development Project is sought, must provide a sworn statement affirming
eligibility with SB 9 regulations.
C. Urban Lot Splits. In addition to the General Planning Application,an Urban Lot Split shall
require submittal of a Tentative Parcel Map pursuant to Chapter 250. Urban Lot Splits shall be
subject to all submittal requirements and findings for approval of a tentative parcel map pursuant
to Title 25 and the Subdivision Map Act, except no public hearing shall be required for approval.
D. SB 9 Development Projects in the Coastal Zone. An application for any SB 9 Development
Project in the coastal zone shall require submittal of a Coastal Development Permit pursuant to
Chapter 245. SB 9 Development Projects shall be subject to the findings for approval of a coastal
development permit and the noticing requirements in Chapter 245, except no public hearing shall
be required for approval.
E. In the event that the property upon which the proposed SB 9 Development Project is located
within a Homeowners Association ("HOA"), the applicant shall submit to the City written
evidence of the HOA's approval of the proposed Project concurrent with their application.
F. The City, at the applicant's expense,may conduct independent inquiries and investigation
to ascertain the veracity of any or all portions of the sworn statement.
237.10 General Requirements
A property owner seeking approval of an SB 9 Development Project shall comply with the
following general requirements:
A. SB 9 and all objective requirements of other applicable state laws including the
Subdivision Map Act.
B. The Municipal Code, including Title 17 (Buildings and Construction) and the Huntington
Beach Zoning Code, except as expressly provided in SB 9 or in this Ordinance.
C. Execution and recording of a covenant, supplied by the City and subject to the approval
of the City Attorney that contains the following provisions:
3
22-11353/285531
179
Ordinance No. 4259
1. Non-residential uses on the site shall be prohibited;
2. The short term rental for periods less than 30 days of any units shall be prohibited;
3. Any subsequent Urban Lot Split of land that was previously subdivided with an Urban
Lot Split shall be prohibited;
4. Except as provided in Government Code Section 66411.7 for community land trusts
and qualified nonprofit corporations,the owner of the property for which an Urban Lot
Split is proposed shall sign an affidavit stating that the owner intends to occupy one of
the housing units as their principal residence for at least three years from the date of
the approval of the Urban Lot Split;
5. Ongoing compliance with all SB 9 requirements and restrictions shall be required;
6. Access to the public right-of-way shall be maintained in perpetuity;
7. All required parking for existing units shall be maintained; and .
8. For projects involving a lot split, accessory dwelling units (ADUs) and junior
accessory dwelling units(JADUs) shall be prohibited.
D. Existing Non-Conforming Structure or Use. SB 9 Development Projects shall not be
located on any lot with an existing development that is non-conforming with respect to the City's
current use or development standards without obtaining an approval pursuant to Chapter 236.
E. In addition to the foregoing, the City shall review each application for any other issues
related to adequacy of water or sewer services, and/or the impact of the proposed SB 9
Development Project on traffic flow,or public safety. In the event that the City identifies a specific
adverse issue with respect to adequate water/sewer, traffic flow, or public safety, the City may
deny the Application and/or require the applicant to submit an Administrative Permit.
237.12 Objective Development Standards
All SB 9 Development Projects shall comply with the following objective standards. For any
development standard not explicitly identified below, the requirements of the underlying zoning
district shall apply, unless superseded by State Law.
A. Maximum Unit Size. No unit constructed pursuant to SB 9 regulations shall have a Gross
Floor Area in excess of the following:
1. 800 square feet and 1 bedroom for lot sizes of less than 10,000 square feet
2. 1,600 square feet and 2 bedrooms for lot sizes of 10,000 square feet or greater
B. Maximum Height/Stories. No detached unit constructed pursuant to SB 9 regulations shall
exceed sixteen(16)feet and/or exceed more than one story in height. For purposes of this Chapter,
a detached unit shall be any unit that does not share at least 50 percent of one common wall with
another existing unit.
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22-11353/285531
180
Ordinance No. 4259
C. Setbacks.
1. Any units constructed pursuant to the provisions of SB 9 shall have a minimum four
foot setback from all side and rear lot lines.
2. Front setbacks shall be as required pursuant to Chapter 210.
3. No portion of any unit constructed pursuant to the provisions of SB 9, including but
not limited to HVAC equipment, staircases, and patio covers, shall project into the
required rear, side, or front yard setback.
4. No additional setbacks shall be required if a unit is constructed within the footprint of
an existing structure on a lot.
D. Parking.
1. One enclosed or partially enclosed parking space is required for each unit created
pursuant to SB 9, unless the parcel upon which the unit is created is within one-half
mile walking distance of a high quality transit corridor, as defined in Public Resources
Code Section 21155, or a major transit stop, as defined in Public Resources Code
Section 21064.3, or there is a car share vehicle located within one block of the project.
2. Except as provided herein,parking spaces shall comply with Chapter 231 of the Zoning
Code.
3. Any garage that serves and is located within the same structure as an SB 9 Development
Project may be permitted no closer than four feet from a side or rear property line, or
shall otherwise conform to the applicable setbacks within the zoning district.
4. New driveways proposed for parcels created by SB 9 Development Projects on interior
lots without alley access are limited to a maximum width of 10 feet if the proposed
frontage of the new parcel is 30 feet or less.
E. Design of Unit.
1. Any unit constructed pursuant to the provisions of SB 9 shall be constructed upon a
permanent foundation.
2. Any unit of an SB 9 Development Project shall include sufficient permanent provisions
for living, sleeping, eating,cooking, and sanitation, including but not limited to washer
dryer hookups and kitchen facilities.
3. Any unit of an SB 9 Development project shall be connected to the public sewer, and
that connection shall be subject to a connection fee, or capacity charge, or both.
4. Any unit of an SB 9 Development Project shall have separate utility connections and
separate utility meters. Non-public utility electrical elements such as wires, conduits,
junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed
from view from adjacent public rights-of-way.
5
22-11353/285531 181
Ordinance No. 4259
5. Any unit of an SB 9 Development Project shall be constructed with the same
architectural style, color, roof pitch and materials as the existing residential dwelling.
In addition, and except as provided in this Section, all units shall be designed and sited
to have the same architectural style, roof pitch, color, and materials.
6. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent
roof or wall material.
7. Any unit of an SB 9 Development Project shall include solar panels.
8. Any unit of an SB 9 Development Project shall not include roof decks or balconies
above or upon the unit.
9. Refuse storage areas shall be enclosed or semi-enclosed in a structure or fenced area
and concealed from view from adjacent public rights-of-way and located outside of
required setbacks.
F. Additional Standards Relating to Projects in the Coastal Zone. In addition to the above,
SB 9 Development Projects located within the Coastal Zone shall be designed and sited to:
1. Protect public access to and along the shoreline areas.
2. Protect public views to and along the ocean and scenic coastal areas.
3. Protect sensitive coastal resources.
4. Minimize and, where feasible, avoid shoreline hazards.
G. Affordable Rental Rate. Applicants that voluntarily provide SB 9 units rented or leased at
a maximum rate affordable to low income tenants, shall be eligible for additional square footage
up to 1,600 square feet and 2 bedrooms and maximum height of 2 stories per unit. Upon request
from the City, the property owner shall furnish a copy of the rental or lease agreement of any
affordable unit constructed pursuant to this section.
H. Additional Standards Relating to Urban Lot Splits. In addition to the above, Urban Lot
Splits shall comply with the following standards:
1. No flag lots shall be created as a result of an Urban Lot Split if the subject property is
adjacent to an alley, located on a corner, or on a through lot. Provided however, that
this provision shall not apply to through lots abutting arterial highways.
2. The width of any lot resulting from an Urban Lot Split shall not be less than 20 feet
wide.
3. The proposed parcel map shall demonstrate ability to access the public right-of-way in
perpetuity.
4. Development of both lots shall occur concurrently with the Urban Lot Split.
6
22-11353/285531
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•
Ordinance No. 4259
5. Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) shall
be prohibited.
237.14 Exceptions
The Community Development Director shall approve an exception to any of the standards
specified in this Chapter upon determining that complying with the standard would physically
preclude the construction of up to two residential units per lot or would physically preclude either
of the two residential units from being 800 square feet in floor area.
237.16 Denial
The Community Development Director may deny an application for an SB 9 Development Project
upon making both of the following findings in writing based on the preponderance of the evidence:
1. The proposal would have a specific, adverse impact, as defined and determined in
Government Code Section 65589.5(d)(2).
2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
237.18 Enforcement and Remedies
A. Criminal Fines and Penalties. Any person responsible for violating any provision of this
Chapter is guilty of an infraction or a misdemeanor at the discretion of the City Attorney and/or
District Attorney. Upon conviction,the person shall be punished as prescribed in Chapter 1.16.
B. Administrative Fines and Penalties. Whenever an officer charged with the enforcement of
any provision of this Municipal Code determines that a violation of this Chapter has occurred,the
officer shall have the authority to issue an administrative citation to any person responsible for the
violation in accordance with Chapter 1.16.
C. Public Nuisance and Lien on Property. Any use or condition caused, or permitted to exist,
in violation of any provision of this Chapter shall be,and is hereby declared to be,a public nuisance
and may be summarily abated by the City pursuant to Code of Civil Procedure Section 731 or any
other remedy available at law. In accordance with Chapter 17.10, the City may also collect any
fee,cost,or charge incurred in the abatement of such nuisance by making the amount of any unpaid
fee, cost or charge a lien against the property that is the subject of the enforcement activity.
D. Civil Action. In addition to any other enforcement permitted by the City's Zoning and/or
Municipal Codes,the City Attorney may bring a civil action for injunctive relief and civil penalties
against any person who violates any provision of this Chapter. In any civil action that is brought
pursuant to this Chapter, a court of competent jurisdiction may award civil penalties and costs to
the prevailing party.
E. Revocation. Any violation of this Chapter may result in revocation of SB 9 Development
Project permit.
Use of any one or more of these remedies shall be at the sole discretion of the City and nothing in
this Section shall prevent the City from initiating civil, criminal or other legal or equitable
proceedings as an alternative to any of the proceedings set forth above."
7
22-11353/285531
183
Ordinance No. 4259
SECTION 2. CEQA. This Ordinance was assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act ("CEQA"), the State CEQA
Guidelines, and the environmental regulations of the City. The City Council hereby finds and
determines that the Ordinance is exempt from the CEQA pursuant to Government Code Section
65852.21(j) effective January 1, 2022. Furthermore, this Ordinance is exempt from CEQA based
on the following reasons. This Ordinance is not a project within the meaning of Section 15378 of
the State CEQA Guidelines, because it has no potential for resulting in physical change in the
environment, directly or ultimately. This Ordinance is categorically exempt from CEQA under
Section 15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its
police power. This Ordinance is not subject to CEQA under the general rule in CEQA Guidelines
Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. Any development that would be contemplated under this
Ordinance must be treated ministerially, and any such projects would be exempt from the
environmental review requirements. For the reasons set forth herein above, it can be seen with
certainty that there is no possibility that this Ordinance will have a significant effect on the
environment.
SECTION 3.Effective Date.This Ordinance shall become effective 30 days after its adoption.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this Ordinance or the application thereof to any person or place, is for any reason held
to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remainder of this ordinance and shall not affect other
provisions of this Ordinance which can be given effect without the invalid provision or application,
and to this end,the provisions of this Ordinance are severable. The City Council hereby declares it
would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence,
clause,phrase,or portion thereof,irrespective of the fact that any one or more sections,subsections,
subdivisions,sentences,clauses,phrases,or portions thereof be declared invalid or unconstitutional.
8
22-11353/285531
184
Ordinance No. 4259
SECTION 5. Certification and Publication. The City Clerk shall certify to the adoption of
this Ordinance and post or publish this Ordinance in the manner required by law.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5-Thi day of ju/ 2022.
iJ,
Mayor t
ATTEST: APPROVED AS TO FORM:
‘4401., el6764140
;.E City Clerk Ci Attorney RV
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Manager Dir tor of Community Development
9
22-11353/285531
185
Ord. No. 4259
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 June 21,2022,and was again read to said City
Council at a Regular meeting thereof held on July 5,2022, 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 July 14,2022. *ft/ 4 /�
In accordance with the City Charter of said City.
�vv/enn.[[[
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
186
Resolution No. 2023-61
Exhibit G
ORDINANCE NO. 4258
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 222 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE RELATING TO THE FLOODPLAIN OVERLAY DISTRICT
(FP1, FP2, FP3) . .
(ZONING TEXT AMENDMENT NO. 22-003)
WHEREAS, Zoning. Text Amendment No. 22-003 will amend Chapter 222 of the
Huntington Beach Zoning and Subdivision Ordinance,relating to Floodplain Overlay District;and
The Huntington Beach Planning Commission and Huntington Beach City Council have
held separate, duly noticed public hearings to consider Zoning Text Amendment No. 22-003; 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 222.14 of the Huntington Beach Zoning and Subdivision Ordinance
is hereby amended to read as follows:
Development standards for the FP Overlay District shall be specified by a conditional use
permit or shall be those of the base district with which the FP district is combined, provided
that the following standards of construction shall apply in the-FP2 and-FP3 subdistricts.
A. -FP2 and -FP3 Standards of Construction.
I. Anchoring.All new construction and substantial improvements of structures,including
manufactured homes, shall be anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy. All manufactured homes shall comply with the
anchoring standards of Section 222.14(A)(5).
2. Construction Materials and Methods. All new construction and substantial
improvements of structures, including manufactured homes, shall use construction
methods and practices that minimize flood damage, and shall utilize materials. and
utility equipment resistant to flood damage for areas below the base flood elevation
plus one foot freeboard. Adequate drainage paths around structures on slopes shall be
provided to guide flood waters around and away from proposed structures.
187
ORDINANCE NO. 4258
3. Standards for Utilities and Mechanical Equipment.
a. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the system and
discharge from systems into floodwaters.
b. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
c. All new construction and substantial improvements shall be constructed with
electrical,heating, ventilation, plumbing and air conditioning equipment and other
service facilities designed and/or located one foot above the base flood elevation so
as to prevent water from entering or accumulating within the components during
conditions of flooding.
4. Standards for Subdivisions and Other Proposed Development.
a. All new subdivision proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than 50 lots or
five acres,whichever is the lesser, shall:
i. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations
(BFE).
ii. Identify the elevations of lowest floors of all proposed structures and pads on
the final plans.
iii. If the site is filled above the base flood elevation, the following as-built
information for each structure shall be certified by a registered civil engineer or
licensed land surveyor and provided as part of an application for a Letter of
Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
(A) Lowest floor elevation.
(B) Pad elevation. •
(C) Lowest adjacent grade.
b. All subdivision proposals and other proposed development shall be consistent with
the need to minimize flood damage.
c. All subdivision proposals and other proposed development shall have public
utilities and facilities such as sewer, gas, electrical and water systems located and
constructed to minimize flood damage.
d. All subdivisions and other proposed development shall provide adequate drainage
to reduce exposure to flood hazards.
2
22-11443/285796 188
ORDINANCE NO. 4258
5. Standards for Manufactured Homes.
a. All new and replacement manufactured homes and substantial improvements to
manufactured homes on sites located:
i. Outside of a manufactured home park or subdivision;
ii. In a new manufactured home park or subdivision;
iii. In an expansion to an existing manufactured home park or subdivision; or
iv. In an existing manufactured home park or subdivision on a site upon which a
manufactured home has incurred substantial damage as a result of a flood shall
be elevated on a permanent foundation so that the lowest floor is elevated one
foot above the base flood elevation.
b. All manufactured homes to be placed or substantially improved in an existing
manufactured home park or subdivision shall be elevated to have the lowest floor
one foot above the base flood elevation.
c. All manufactured homes shall be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
6. Standards for Recreational Vehicles. All recreational vehicles placed on a site within a
flood hazard zone shall be fully licensed and ready for highway use, restricted to a
maximum stay on site of 180 days unless the elevation and anchoring of the recreational
vehicle complies with the Standards for Manufactured Homes.All recreational vehicles
placed in coastal high hazard areas (V and VE zones) shall also comply with -FP3
standards for construction.
B. -FP2 Standards of Construction.
1. Elevation and Floodproofing.
a. Residential Construction. New residential construction and substantial
improvement of any residential structure shall have the lowest floor including
basement elevated one foot above the base flood elevation except:
i. In an AO zone, the lowest floor including basement shall be elevated one foot
above the highest adjacent natural grade to a height exceeding the depth number
on the FIRM by one foot or at least three feet if no depth number is specified;
and
ii. In an A zone, the lowest floor including basement shall be elevated one foot
above the base flood elevation as determined by the City.
3
22-11443/285796 189
ORDINANCE NO. 4258
Prior to issuance of a building permit and prior to building permit final inspection,
the elevation of the lowest floor including basement shall be certified by a
California registered engineer, or surveyor. The completed FEMA elevation
certificates shall be submitted to the Director.
b. Nonresidential Construction.New construction and substantial improvement of any
nonresidential structure shall be either elevated to comply with subsection(B)(1)(a)
or together with attendant utility and sanitary facilities be floodproofed below the
level stated in subsection (B)(1)(a) so that the structure is watertight with walls
substantially impermeable to the passage of water and be capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A floodproofing
certificate shall be completed and certified by a California registered engineer or
architect and submitted to the Director prior to issuance of a building permit.
c. Flood Openings. All new construction and substantial improvement of any
structure with fully enclosed areas below the lowest floor (excluding basements)
that are usable solely for parking of vehicles, building access or storage, and which
are subject to flooding, shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit of floodwater. All
proposals for using space below the lowest floor shall exceed the following
requirements:
i. Be certified by a California registered engineer or architect; or
ii. Be certified to comply with a local floodproofing standard approved by the
Federal Insurance Administration, Federal Emergency Management Agency;
or
iii. Have a minimum of two openings on different sides having a total net area of
not less than one square inch for every square foot of enclosed area subject to
flooding shall be provided. The bottom of all openings shall be no higher than
one foot above grade. Openings may be equipped with screens, louvers, valves
or other coverings or devices provided they permit the automatic entry and exit
of floodwaters.
C. -FP3 Standards of Construction.
1. Location of Buildings. All new construction shall be located on the landward side of
the reach of the mean high tide.
2. Free of Obstruction. All new construction and substantial improvement shall have the
lowest floor free of obstructions or constructed with breakaway walls as defined in
Section 222.06. Such enclosed space shall not be used for human habitation but may
be used for parking, building access or storage.
4
22-11443/285796 190
{
ORDINANCE NO. 4258
3. Elevation and Structural Support. All new construction and substantial improvements
shall be elevated on adequately anchored pilings or columns so that the bottom of the
lowest horizontal portion of the structural member of the lowest floor (excluding the
pilings or columns)is elevated one foot above the base flood level. The pile or column
foundation and structure attached thereto is anchored to resist flotation, collapse, and
lateral movement due to the effects of wind and water loads acting simultaneously on
all building components. Water loading values used shall be those associated with the
base flood. Wind loading values used shall comply with standards adopted by the City.
Fill shall not be used for structural support of buildings.
4. Certification. A California registered engineer or architect shall certify to the
satisfaction of the Director that the proposed structure complies with the requirements
of this section. The Director shall obtain and maintain records of the elevation (in
relation to mean sea level)of the bottom of the lowest structural member of the lowest
floor (excluding pilings or columns) of all new and substantially improved structures,
and whether such structures contain a basement. (3285-7/95, 3334-6/97, 3845-12/09)
SECTION 2. 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 %,.5&7-1aetC__, , 2022.
ATTEST:
(#601) 9.40/447.4,44.) ;: k
City Clerk Mayor tik
REVI D A APPROVED INITIATED AND APPROVED
City a er Community Development Director
APPROVED AS O FORM:
efAr
i Attorney kW
5
22-11443/285796 191
Ord. No. 4258
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 August 2,2022,and was again read to said City
Council at a Regular meeting thereof held on September 6, 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 September 15,2022. 4? 742dZ4l..Lt44)
In accordance with the City Charter of said City.
Robin Estanislau,City Clerk City lerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
192
Res. No. 2023-61
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on December 19, 2023 by the following vote:
AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick
NOES: None
ABSENT: None
RECUSE: None
edlirdizzatu)
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT NO. 9
SUMMARY OF ENTITLEMENTS
LCPA No. 23-002
1. ZONING TEXT AMENDMENT NO. 18-002: This application amended
three chapters of the Huntington Beach Zoning and Subdivision Ordinance
(HBZSO) to establish zoning standards for the Research and Technology
(RT)zoning district. The three chapters that were amended include Chapter
204 (Use Classifications), Chapter 212 (Industrial Districts), and Chapter
231 (Off-Street Parking and Loading Provisions).
2. ZONING TEXT AMENDMENT NO. 19-004: This application amended
Section 230.26 (Affordable Housing) of the HBZSO to update and clarify the
existing inclusionary affordable housing ordinance including updated and
additional options for projects to meet affordable housing requirements,
revised in-lieu fee payment option and fee calculation methodology, and a
new definitions section.
3. ZONING TEXT AMENDMENT NO. 21-002: This application amended four
chapters of the HBZSO and two chapters of the Municipal Code removing
all references to the Subdivision and Environmental Assessment
Committees. The four chapters that were amended include Chapter 240
(Zoning Approval-Environmental Review-Fees and Deposits), Chapter 248
(Notices, Hearings, Findings, Decisions and Appeals), Chapter 250
(General Provisions), and Chapter 251 (Tentative Maps). The two chapters
of the Municipal Code that were amended include Chapter 2.33
(Department of Community Development) and Chapter 2.56 (Public Works
Department).
4. ZONING TEXT AMENDMENT NO. 21-006: This application amended
Section 233.14 (Readerboard Signs — Multiple Users) of the HBZSO to
establish electric vehicle charging station sign standards.
5. ZONING TEXT AMENDMENT NO. 22-001: This application amended two
chapters of the HBZSO to update standards for minor accessory structures.
The two chapters that were amended were Chapter 203 (Definitions) and
Chapter 230 (Site Standards), Section 230.08 (Accessory Structures).
6. ZONING TEXT AMENDMENT NO. 22-002: This application added HBZSO
Chapter 237 (Objective Standards for SB 9 Development Projects) which
established ministerial review procedures and objective development and
design standards for SB 9 projects in the Residential Low Density
designated areas.
193
7. ZONING TEXT AMENDMENT NO. 22-003: This application amended
Chapter 222 (Floodplain Overlay District) to bring it into compliance with
Federal Emergency Management Agency requirements including requiring
service facilities, manufactured homes, and new construction and
substantial improvements within the FP3 subdistrict to be elevated one foot
above the base flood elevation.
194
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'` -- '- , : Amendment No . 23-002
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. �i /_ December 19, 2023
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Project Request
Local Coastal Program Amendment (LCPA) No. 23-002
• To approve a resolution to forward to the Coastal Commission seven zoning text
amendments (ZTA) previously approved by the City Council over the last few years
• Public hearings were previously held for each of the ZTAs and approval of the resolution is
an administrative item
00�i��NT I N G
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Project Request
ZTAs include:
1 . Establishing Research and Technology zoning district
2. Amending affordable housing ordinance
3. Deleting Subdivision and Environmental Assessment Committees
4. Establishing electric vehicle charging station sign standards
5. Amending minor accessory structure standards
6. Establishing objective standards for SB 9 projects
7. Amending floodplain overlay district
1" UNTINGT
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Recommendation
Approval of the LCPA based on the following:
• All ZTAs have been approved by City Council with public hearings
• No coastal related issues were brought forward
• ZTAs are a minor amendment to the City's certified Local Coastal Program
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