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2024-05-21 Agenda Packet
IN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in person. Alternate ways to view meetings live or on-demand include: livestreamed on HBTV Channel 3 (replayed on Wednesday at 10:00 a.m. and Thursday at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar , https://bit.ly/SurfCityTV, or the City's YouTube Channel at https://www.youtube.com/cityofhb , or from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PRESENTATION MATERIAL: Presentations/AV materials shall be submitted to staff no later than 9AM the day of the meeting to PublicPresentations@huntingtonbeachca.gov . Members of the audience and speakers shall not wear or display signs that obstruct the view of other audience members. Signs shall remain with the holder and shall not be placed in adjacent seats or in common areas. PUBLIC COMMENTS: Individuals wishing to provide a comment on agendized or non-agendized items including Study Session, Closed Session, and Public Hearing, may do so in person in the City Council Chambers by completing a Request to Speak form delivered to the City Clerk. Sign-ups to Request to Speak will begin in person 30 minutes prior to the start of Study Session, Closed Session, or Regular City Council Meeting, whichever comes first. Sign-ups will be accepted until the commencement of the public comment period. SUPPLEMENTAL COMMUNICATION: Members of the public unable to personally participate in the meeting but interested in communicating with the City Council on agenda-related items are encouraged to submit a written (supplemental) communication to the Council via email at SupplementalComm@Surfcity-hb.org . Supplemental Communications are public record, and if received by 9:00 AM on the day of the meeting, will be distributed to the City Council prior to consideration of agenda-related items, posted to the City website, and announced, but not read, at the meeting. Communications received after the 9:00 AM deadline will be incorporated into the administrative record. Members of the public are also welcome to communicate with the City Council (and staff supporting Council) at City.Council@surfcity-hb.org . MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk's Office at (714) 536-5227 for more information. AGENDA City Council/Public Financing Authority Tuesday, May 21, 2024 4:00 PM Study Session 5:00 PM Closed Session 6:00 PM Regular Meeting Council Chambers 2000 Main Street Huntington Beach, CA 92648 MAYOR AND CITY COUNCIL GRACEY VAN DER MARK, Mayor PAT BURNS, Mayor Pro Tem RHONDA BOLTON, Councilmember DAN KALMICK, Councilmember CASEY McKEON, Councilmember NATALIE MOSER, Councilmember TONY STRICKLAND, Councilmember STAFF ERIC G. PARRA, Interim City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer 1 AGENDA May 21, 2024City Council/Public Financing Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick CITY COUNCIL MEMBER COMMENTS (3-Minute Time Limit) The Mayor will facilitate a voluntary opportunity for members of the Huntington Beach City Council to individually make brief comments to the public. Please note that the Brown Act does not allow for lengthy comments, discussion, or action on topics that are not on the agenda. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION/STUDY SESSION ITEMS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION/STUDY SESSION ITEMS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the Study Session and/or Closed Session agendas. Individuals wishing to provide a comment on item(s) may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. STUDY SESSION 24-3491.Proposed FY 2024/25 Budget Review RECESS TO CLOSED SESSION 24-3962.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Pacific Airshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case No. 30-2022-01287749. 24-4023.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). People of the Page 1 of 7 2 AGENDA May 21, 2024City Council/Public Financing Authority State of California/Bonta v. City of Huntington Beach/Zelinka; Case No. 30-2023-01312235-CU-WM-CJC. 24-3944.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager; also in attendance: Marissa Sur, Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; and Sunny Han, Chief Financial Officer. Employee Organization: Non-Represented Employees (N/A). 24-3955.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager; also in attendance: Marissa Sur, Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; and Sunny Han, Chief Financial Officer. Employee Organization: Management Employees Organization (MEO). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick PLEDGE OF ALLEGIANCE INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 24-3766.Huntington Beach Police and Fire Chaplain Roger Wing CLOSED SESSION REPORT BY CITY ATTORNEY ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the open session agenda. Individuals wishing to provide a comment Page 2 of 7 3 AGENDA May 21, 2024City Council/Public Financing Authority may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. While the City Council welcomes public involvement and supports and defends free speech, the City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not protected free speech. Those comments will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt the public speaker. Such public comments will not be consented to or otherwise adopted by the City Council in its discussions and findings for any matter tonight. COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute. AB 1234 REPORTING Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, conference, or similar event during the next regular City Council meeting. Reports are limited to 1 minute. OPENNESS IN NEGOTIATION DISCLOSURES Councilmembers must publicly disclose any meetings or communications with City employee associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute and must be made by the next regular City Council Meeting. CITY MANAGER'S REPORT 24-3787.Review of the 2023 City System of Care Annual Report and 2024 Point in Time Count CONSENT CALENDAR (Items 8-16) City Clerk 24-3758.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes of Recommended Action: Page 3 of 7 4 AGENDA May 21, 2024City Council/Public Financing Authority May 7, 2024. 24-3669.Receive and file the City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s Office between January 1, 2024 and March 31, 2024 Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of January 1, 2024 and March 31, 2024.” Recommended Action: Community and Library Services 24-37910.Approve the design concept and placement of a re-dedication plaque celebrating the 50th Jubilee of Huntington Central Park as recommended by the Community & Library Services Commission Approve the design concept and placement of a re-dedication plaque celebrating the 50th Jubilee of Huntington Central Park as recommended by the Community & Library Service Commission. Recommended Action: Community Development 24-37711.Approve Zoning Text Amendment No. 23-002 (Zoning Update) by adopting Ordinance Nos. 4307, 4308, 4309, 4310, 4311, 4312, 4313, 4314; and, adopt Ordinance No. 4322 amending Title 3 of the Huntington Beach Municipal Code (HBMC) titled Revenue and Finance (Ordinance Nos. 4307, 4308, 4309, 4310, 4311, 4312, 4313, 4314 Approved for Introduction on May 7, 2024 by a Vote of 7-0; Ordinance No. 4322 Approved for Introduction on May 7, 2024 by a Vote of 4-3 (Moser, Bolton, Kalmick-No) A) Approve Zoning Text Amendment No. 23-002 with findings (Attachment No. 1) by adopting: 1. Ordinance No. 4307, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 203 Definitions of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No.2) 2. Ordinance No. 4308, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 210 Residential Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment Recommended Action: Page 4 of 7 5 AGENDA May 21, 2024City Council/Public Financing Authority No. 3) 3. Ordinance No. 4309, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 211 C Commercial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 4) 4. Ordinance No. 4310, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 5) 5. Ordinance No. 4311, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 218 M Mixed Use-Transit Center District of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 6) 6. Ordinance No. 4312, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 Site Standards of the Huntington Beach Zoning Code and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 7) 7. Ordinance No. 4313, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 231 Off-Street Parking and Loading Provisions of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 8) 8. Ordinance No. 4314, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 241 Conditional Use Permits and Variances - Temporary Use Permits-Waiver of Development Standards of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 9) B) Find the Municipal Code Amendment exempt from the California Environmental Quality Act by adopting Ordinance No. 4322, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 3.60 Entitled “Joint Exercise of Power Agreements .” (Attachment No. 11) Finance 24-36812.Approve the escheatment of Unclaimed Funds Per Government Code Sections 50050-50057 Review and approve the transfer of $7,006.01 of unclaimed funds from the City’s Recommended Action: Page 5 of 7 6 AGENDA May 21, 2024City Council/Public Financing Authority Unclaimed Funds Liability Account to the City’s Miscellaneous Revenue Account 10000100.48550 in compliance with Government Code Sections 50050-50057. Human Resources 24-34813.Approve and Authorize Execution of a Professional Services Contract with Carl Warren & Company for Liability Claim Investigation and Processing Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract between the City of Huntington Beach and Carl Warren & Company for Liability Claim Investigation and Processing” in the amount not to exceed $750,000 for a three (3) year period. Recommended Action: Public Works 24-29814.Approve and Accept the Public Improvements, Release the Securities, and Accept a Guarantee and Warranty Bond for Gisler Park A) Accept the public improvements constructed in Gisler Park, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements (Attachment 2) with the Orange County Recorder; and B) Release the securities for Gisler Park - Faithful Performance Bond No. US00121914SU22A and Labor and Materials Bond No. US00121914SU22A; and C) Accept Guarantee and Warranty Bond No. US00121914SU22A-M (Attachment 3), the security furnished for guarantee and warranty of public improvements in Gisler Park, and instruct the City Clerk to file the bond with the City Treasurer; and D) Instruct the City Clerk to notify the developer, Lennar Homes of California, and the City Treasurer to notify the Surety, XL Specialty Insurance Company, of these actions; and E) Instruct the City Treasurer to notify the City Clerk when the securities mentioned above have been released and the guarantee and warranty bond mentioned above has been accepted. Recommended Action: 24-30515.Approve the Fiscal Year 2022/23 Infrastructure Fund Annual Report Approve the Infrastructure Fund Annual Report for Fiscal Year 2022/23. Recommended Action: 24-34716.Accept bid and authorize execution of a construction contract with Page 6 of 7 7 AGENDA May 21, 2024City Council/Public Financing Authority DBX, Inc. in the amount of $1,146,920.00, for the construction of traffic signal modifications at the intersection of Warner Avenue and Ash Lane (CC-1670) and at the intersection of Main Street and Delaware Street (CC-1671), appropriation of funds and execution of change orders A) Accept the lowest responsive and responsible bid submitted by DBX, Inc., in the amount of $1,146,920.00; and, B) Appropriate $564,932 of undesignated Traffic Impact Fee fund balance to Traffic Impact Fee Account No. 20690016.82700; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and , D) Authorize the Director of Public Works to execute change orders not to exceed a total of 10 percent of the contract construction costs . Recommended Action: COUNCIL MEMBER ITEMS 24-39117.Item Submitted by Mayor Van Der Mark, Mayor Pro Tem Burns, and Council Member Strickland - Renaming of Commerce Lane to Ed Laird Lane in Honor of Mr. Ed Laird’s Service to Huntington Beach- Request Action Direct the City Manager to return with a resolution for City Council to commemorate Mr. Ed Laird’s service and rename Commerce Lane to Ed Laird Lane. Recommended Action: ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, June 4, 2024, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 7 of 7 8 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-349 MEETING DATE:5/21/2024 Subject: Proposed FY 2024/25 Budget Review City of Huntington Beach Printed on 5/15/2024Page 1 of 1 powered by Legistar™9 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-396 MEETING DATE:5/21/2024 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Pacific Airshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case No. 30-2022-01287749. City of Huntington Beach Printed on 5/15/2024Page 1 of 1 powered by Legistar™10 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-402 MEETING DATE:5/21/2024 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). People of the State of California/Bonta v. City of Huntington Beach/Zelinka; Case No. 30-2023-01312235-CU-WM-CJC. City of Huntington Beach Printed on 5/15/2024Page 1 of 1 powered by Legistar™11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-394 MEETING DATE:5/21/2024 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager; also in attendance: Marissa Sur, Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; and Sunny Han, Chief Financial Officer. Employee Organization: Non-Represented Employees (N/A). City of Huntington Beach Printed on 5/15/2024Page 1 of 1 powered by Legistar™12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-395 MEETING DATE:5/21/2024 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager; also in attendance: Marissa Sur, Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; and Sunny Han, Chief Financial Officer. Employee Organization: Management Employees Organization (MEO). City of Huntington Beach Printed on 5/15/2024Page 1 of 1 powered by Legistar™13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-376 MEETING DATE:5/21/2024 Huntington Beach Police and Fire Chaplain Roger Wing City of Huntington Beach Printed on 5/15/2024Page 1 of 1 powered by Legistar™14 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-378 MEETING DATE:5/21/2024 Review of the 2023 City System of Care Annual Report and 2024 Point in Time Count City of Huntington Beach Printed on 5/15/2024Page 1 of 1 powered by Legistar™15 Review of the 2023 City System of Care Annual Report and 2024 Point in Time Count May 21, 2024 16 17 ~ 644 Shelter bed referrals. 44% were to shelters outside of Huntington Beach. ~ 56 People moved into permanent housing. HB CARES -~• Volunteers 380 Individuals were transported by Be Well to either a crisis stabilization unit or detox facility. Be Well Mobile ---Crisis Response II~ 93% Average occupancy at the Huntington Beach Navigation Center. Force Officers (HTF) 18 SOCIAL WORKER SERVICES Collaboration Community engagement w ith fa ith -based groups, non -profi t s, HBNC, HTF Officers, and Be Well. Advocacy Provide advocacy with City Prosecuto r and Homeless Court . Documents Assist with vital document support (ID, birth ce rtificate, Social Security card, etc.). CES Refe r i ndividuals to Coord i na t ed Entry System. Shelter Referral and Reunification Refe r ra ls to Huntington Beach Navigation Center and othe r O r ange Count y shelters. Assistance with family reunification outside the County and/or Sta t e. 19 CONDUCTED TRANSPORTED 124 HB Navigation Center referra ls 0 21 Other shelter referrals 9 Individuals to Be Well Sobering Center and crisis stabilization campus COMMUNITY ENGAGEMENT & SAFETY RESPONDED TO OUTREACHED TO 5 7 Q MyHB complaints and concerns 180 Local businesses *Includes intakes to detox, crisis stabilization units, transport, resources linkage & follow-ups 20 Services available to all community members regardless of housing status: Mental Health Crisis Counseling Sobering Center and Services SERVICE TYPES PER HOUSING STATUS 537 6,323 Total : 6,860 2,020 2,261 Total : 4,281 Follow-Ups 488 41s Total : 913 for Housed People for Unhoused People 21 tk Housing Navigation ~ Transportation Services Ll:Bfu Educational Support E] Benefits & Documents @ Employment Services 61'6 Lega l Support ~ 38 IEBnl Individuals Housed ll!l=llD Physical Health Q Se lf-Care Services @ Substance Use & /;3:? Recovery ® Mental Hea lth ttP Veteran Services 18 Volunteers Contributed more than 600 hours of their time, equating to a value exceeding $18,000. Received training in de-escalation techniques, trauma-informed care, vicarious trauma, and Mental Heath First Aid. Numerous Community and Faith-Based organizations City Manager’s Office Public Works Fire Department City Attorney’s Office Code Enforcement Community Development Public Affairs City Council 22 January 22, 2024 – Countywide Sheltered Count January 23, 2024 –Central SPA Unsheltered Count •AM Shift starting at 4:30 am •PM Shift starting at 6:30 pm The Orange County C.O.C utilizes a Non-Random Sample Count with Extrapolation versus a Census Count. This year’s PIT Count was conducted by City Net, utilizing City Net Staff and Volunteers. HBPD HTF officers along with Homeless and Behavioral Health staff assisted with count. Who is considered “Sheltered” for the PIT? •Persons living in emergency shelters and transitional housing projects. •This includes the County’s 62-bed HB Oasis Project Home Key Site*, the 174-bed Huntington Beach Navigation Center, and other transitional opportunities. Who is considered “Unsheltered” for the PIT? •Homeless persons who are living in a place not designed or ordinarily used as a regular sleeping accommodation for humans 23 24 Central Service Planning Area 3,332 ! 2,714 t 3,454 201 9 -18 .55% 2022 27.27% 2024 As of May 9, 2024, 77% of clients in the Huntington Beach Navigation Center have completed all steps to be eligible for house and 1 out of 7 (14%) have been matched to a housing opportunity. 25 1000 900 800 700 600 500 400 300 200 100 0 REPORTED CITY OF LAST PERMANENT ADDRESS 886 , ...... City i n North SPA 724 Perso n s (29 .86%) 724 225 24 - 2&4 76% in Orange Coun t y , 178 124 City In Central SPA 886 Perso n s (36.54%) C ., o SPA 225 Persons (9 .28%) County Unincorporated 24 Pe rso n s (0.99%) Outside Orange County 264 Perso n s ( l 0.89%) Ou side Ca o nia 178 Persons (7.34%) North SPA Central SPA South SPA County Outside Orange OutsideColifomia Did Not Answer Did Not Answer 124 Persons (5.11 %) g home lessn t h e past 12 • Unincorporated County % 1 ,045 Persons Attend i ng or ha v e att e nded school in O range County Have fa imUy in Orang1e County 1 ,538 Persons Curre ntly worki ng or ha v e ever worked in O rang1e Cou nty + Yale Navigation Center & Bridges at Kraemer Place ++++++++++ 72% • • of its current popu lation c ompleted all necessary steps to be eligible for housing Housing • • Only 1 out of every 12 were connected to housing 26 COMPARISON OF 2019, 2 0 22 & 2024 POINT I N TIME COUNT -CITY BY CITY 20 19 2022 2024 2019 2022 2024 2019 2022 2024 Unsheltered Unsheltered Unsheltered Sheltered Sheltered Sheltered Total Total Tota l City # # # # # # # # # Costa Mesa* 187 150 218 6 58 79 193 208 297 Founta i n Val ley 28 38 114 14 0 0 42 38 114 Garden Grove 163 278 163 62 113 76 225 391 239 Hunt ingt on Beach* 289 188 173 60 142 260 349 330 433 Newport Beach * 64 96 71 0 0 0 64 96 71 Santa Ana 830 508 87 1 939 482 557 1,769 990 1,428 Sea l Beach 8 8 29 0 0 0 8 8 29 Tus tin 95 86 88 264 232 335 359 318 423 Westminster 159 159 288 25 0 0 184 15 9 288 Coun t y 4 11 21 3 1 36 14 35 47 35 Unincorporated Domest ic N/A N/A N/A 104 129 97 104 129 97 V iolence Program Central SPA Total 1,827 1,522 2 ,036 1,505 1,1 92 1,4 18 3 ,332 2 ,7 14 3,454 *N otes : The cities of Newport Beach and Costa Mesa jointly fund a shelter in Costa Mesa to serve those experiencing homelessness in their cities . The City of Huntington Beach is hosting one Homekey Program site that was operating as emergency shelter at the time the 2024 Point In Time Count was conducted and will transition to permanent housing. Questions? 27 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-375 MEETING DATE:5/21/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes dated May 7, 2024, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of May 7, 2024. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None Environmental Status: Non-Applicable Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. CC/PFA regular meeting minutes of May 7, 2024 City of Huntington Beach Printed on 5/15/2024Page 1 of 1 powered by Legistar™28 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, May 7, 2024 4:30 PM — Council Chambers 6:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:30 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:30 PM — COUNCIL CHAMBERS CALLED TO ORDER — 4:30 PM ROLL CALL Present: Moser (arrived at 4:34 PM), Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick Absent: None CITY COUNCIL MEMBER COMMENTS (3-Minute Time Limit) Councilmember Bolton shared a big "Thank You" for a memorable experience from the Surf Waves and Enjoy Life (SWEL) participants from Kansas City to all of the Huntington Beach City staff who helped make their experience possible. SWEL is focused on promoting the health and wellness of veterans and first responders. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS — None Mayor Van Der Mark announced agenda titles for Closed Session Item #9 regarding Municipal Employees Organization (MEO), and #10 regarding Non-Represented Employees (N/A). RECESSED TO CLOSED SESSION — 4:33 PM A motion was made by Strickland, with a second by Burns, to recess to Closed Session for items 1-10. 1. 24-338 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Torres (Florence) v. City of Huntington Beach; OCSC Case No.: 30-2023-01334230-CU-PO-CJC. 2. 24-339 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Flanders (Emily) v. City of Huntington Beach; OCSC Case No: 30-2023-01328127-CU-PA -WJC. 29 Council/PFA Regular Minutes May 7, 2024 Page 2 of 26 3. 24-340 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Clayton-Tarvin (Gina) v. City of Huntington Beach, Michael Gates, et al.; OCSC Case No.: 30-2023-01329927. 4. 24-342 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Garcia (Guadalupe Leticia), et al. v. City of Huntington Beach, et al.; USDC Case No.: 8:23-cv-01771-FWS (ADSx). 5. 24-343 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Daniels (Enda) v. City of Huntington Beach; OCSC Case No.: 30-2023-01315163. 6. 24-344 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Pacific Airshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case No. 30-2022-01287749. 7. 24-357 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Bixby (Mark) v. Robin Estanislau, et al.; OCSC Case No.: 30-2023-01366664-CU-WM-CJC. 8. 24-360 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). People of the State of California/Bonta v. City of Huntington Beach, et al.; Case No. 30-2024-01393606-CU-WM-NJC. 9. 24-345 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager; also in attendance: Marissa Sur, Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; and Sunny Han, Chief Financial Officer. Employee Organization: Management Employees Organization (MEO). 10. 24-359 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager; also in attendance: Marissa Sur, Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; and Sunny Han, Chief Financial Officer. Employee Organization: Non-Represented Employees (N/A). 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick Absent: None PLEDGE OF ALLEGIANCE — Led by Huntington Beach Fire Chief Scott Haberle INVOCATION 30 Council/PFA Regular Minutes May 7, 2024 Page 3 of 26 In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 11. 24-332 Huntington Beach Police Chaplain James Pike CLOSED SESSION REPORT BY CITY ATTORNEY — None CITY MANAGER’S REPORT Interim City Manager Parra invited Mr. Robert Dettloff and his family forward to say a few words in honor of his wife and former Mayor Shirley Dettloff, who recently passed away. Mr. Dettloff, along with son Rob and daughter Susan, thanked the 911 Operator, paramedics, Fire and Police Departments for their response and valiant efforts on Shirley's behalf. The Dettloff family presented a $1,000 check to Huntington Beach Fire Chief Haberle to be used for Hearts Save HB, a Huntington Beach Fire Department initiative to raise awareness of the appropriate response to cardiac arrest by teaching people how to use Automated External Defibrillators (AEDs). ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet which were all uploaded to the City's website and Councilmember iPads. Consent Calendar Item #14 (1 email communication), Item #17 (1 staff memorandum), Item #19 (1 staff email); and Councilmember Items #29 (25 email communications), Item #30 (four hundred twenty-one [421] email communications and a draft resolution). PUBLIC COMMENTS (90-Second Time Limit due to the number of speakers) — 79 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Unnamed Speaker was called to speak and stated her support for ensuring inappropriate sexual material is kept away from young children in the Huntington Beach Public Library system. (00:12:35) Aaron Pai, Huntington Surf and Sport Owner and 52-year Huntington Beach resident, was called to speak and stated his support for Administrative Public Hearing Item #28 regarding the modification of the Management District Plan for the Huntington Beach Tourism Business Improvement District. (00:14:00) Patricia Green, a 44-year Huntington Beach resident, and participant in the most recent Huntington Beach Citizen's Police Academy, was called to speak and thanked Police Chief Parra, as well as Mayor Van Der Mark and Councilmembers for their dedication. (00:15:42) Ann Palmer, 30+-year resident of Huntington Beach was called to speak and shared her concerns regarding the possibility of outsourcing/privatizing the Huntington Beach Public Library system. (00:17:31) Barbara Richardson, 51-year Huntington Beach resident, was called to speak and paid tribute to Shirley Dettloff, Former Mayor and Champion of Huntington Beach, and stated her support for Councilmember Items #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:19:10) 31 Council/PFA Regular Minutes May 7, 2024 Page 4 of 26 Unnamed Speaker was called to speak and stated her opposition to creating a committee to decide where sexual material should be placed in the Huntington Beach Public Library system, and support for Councilmember Items #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced (00:20:41) Harry McLachlan, a resident of Huntington Beach, was called to speak and stated support for Councilmember Items #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced (00:22:37) Mr. Amory Hanson was called to speak and stated his support for Consent Calendar Item #15 (G) regarding SB 1214 California Commission on the United States Semiquincentennial. (00:24:01) Butch Twinning, 58-year Huntington Beach resident, was called to speak and stated his support for ensuring inappropriate sexual material is kept away from young children in the Huntington Beach Public Library system. (00:24:58) Pat Goodman was called to speak and paid tribute to Former Mayor Shirley Dettloff and her belief that ordinary residents should be engaged in civic life and stated her support for Councilmember Item #29 regarding a sign code update and Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:26:35) Lisa Baylis, whose family has lived in Huntington Beach since the 1960s, was called to speak and shared her opposition to the potential privatization/outsourcing of the Huntington Beach Public Library system. (00:28:18) Andrew Einhorn, Huntington Beach resident, was called to speak and paid tribute to Former Mayor Shirley Dettloff and acknowledged the positive impact she had. Mr. Einhorn stated his support for Councilmember Item #29 regarding a sign code update, Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced; and his opposition to creating a committee to decide where sexual material should be placed in the Huntington Beach Public Library system. (00:30:16) David Rynerson was called to speak and paid tribute to Former Mayor Shirley Dettloff and stated his support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:32:04) Carol Daus, long-time Huntington Beach resident, was called to speak and paid tribute to Former Mayor Shirley Dettloff and stated her support for Councilmember Item #29 regarding a sign code update and Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:33:35) Wendy Rincon, 50-year Huntington Beach resident, was called to speak, paid tribute to Former Mayor Shirley Dettloff and stated her support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:35:21) Jaime Palombo was called to speak and stated her support for Councilmember Item #29 regarding a sign code update and Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:36:58) 32 Council/PFA Regular Minutes May 7, 2024 Page 5 of 26 Unnamed Speaker, a 35-year Huntington Beach resident and homeowner, was called to speak, paid tribute to Former Mayor Shirley Dettloff, and stated her support for Councilmember Item #29 regarding a sign code update and Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:37:49) Kanan Durham, Pride at the Pier Executive Director, was called to speak, offered a brief moment of silence in honor of Former Mayor Shirley Dettloff and stated support for Councilmember Item #30 (24- 350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:39:33) Aidan Columbo, 3-year Huntington Beach resident, was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:40:47) Eve Hazard, Huntington Beach High School student, was called to speak and stated her support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:42:33) Briana Lee was called to speak and stated her support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:44:44) Diane Bentley was called to speak and paid tribute to Former Mayor Shirley Dettloff by listing many aspects of her service to Huntington Beach. Ms. Bentley also stated her support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:46:21) Nora Pedersen, 37-year Huntington Beach resident, was called to speak and stated her support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:47:55) Meg Flynn, born and raised in Huntington Beach, was called to speak and stated her support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:49:38) Dina Chavez was called to speak and stated her support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:50:28) Brenda Glim was called to speak and shared her opinions related to a number of Councilmember decisions. (00:52:14) Gretchen Erickson, 22-year Huntington Beach resident, 16-year employee and current Huntington Beach Municipal Teamsters (HBMT) Chief Shop Steward, was called to speak and shared her appreciation for support from various groups. She also stated her support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. She also noted that she received a response to her former Public Records request. (00:53:25) 33 Council/PFA Regular Minutes May 7, 2024 Page 6 of 26 Carlos Rubio, Teamsters Local 911 President, was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:55:02) Debra Jubinsky, 36-year Huntington Beach resident and homeowner, a 23-year City employee and Huntington Beach Management Employees Organization (HBMEO) Board President, was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:56:45) Cathey Ryder, 39-year Huntington Beach resident and homeowner, was called to speak and paid tribute to Former Mayor Shirley Dettloff for her 60 years of service to Huntington Beach. Ms. Ryder stated support for Councilmember Item #29 regarding a sign code update and Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (00:59:32) Pam Smart, 48-year Huntington Beach resident, was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:01:15) Janet Johnson was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:02:39) T. J. England, 56-year Huntington Beach homeowner, was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:04:09) Lee Olney, 37-year Huntington Beach resident and homeowner, was called to speak and paid tribute to Former Mayor Shirley Dettloff. Ms. Olney also stated support for Councilmember Item #29 regarding a sign code update and Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:05:51) Jessica Bedina, long-time Huntington Beach resident, Former Environmental Board Member, college English professor and mother, was called to speak and shared her concerns regarding the possibility of outsourcing/privatizing the Huntington Beach Public Library system. (01:07:33) Sue Welfringer, Huntington Beach resident since 1997, was called to speak and stated her support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:09:42) Avery Counts, resident of Huntington Beach, was called to speak, paid tribute to Former Mayor Shirley Dettloff and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:11:23) Ken Inouye, 51-year resident of Huntington Beach, was called to speak, paid tribute to Former Mayor Shirley Dettloff and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced and postpone/terminate the RFP process until after a vote. (01:13:00) 34 Council/PFA Regular Minutes May 7, 2024 Page 7 of 26 Giovanni Chavez, California Young Democrats President, was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:14:28) Dom Jones, 2024 Candidate for California State Assembly District 72, was called to speak and stated her support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:16:00) Tim Geddes was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:18:30) Donald Wittenberg, 20+-year Huntington Beach resident, was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:19:56) Neal was called to speak, paid tribute to Former Mayor Shirley Dettloff and asked why a City Manager has not yet been selected. (01:21:34) Marlon Calderon, Aguilar and Calderon Corporation Representative, was called to speak and stated opposition to Consent Calendar Item #21 (24-232) regarding acceptance of a construction contract for LeBard Park improvements project. Mr. Calderon described failed efforts to proceed with this project after Aguilar and Calderon Corporation was initially awarded this project on March 21, 2023, and asked that a neutral third-party be tasked with reviewing the issues so this dispute can be resolved. (01:23:13) Emma Polumbo was called to speak and stated her support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:24:58) Connie Boardman, Former Mayor, was called to speak, paid tribute to Former Mayor Shirley Dettloff and stated support for Councilmember Item #29 regarding a sign code update and Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:25:49) Gus Garcia, Center for Contract Compliance Investigator, was called to speak and brought forth concerns related to Consent Calendar Item #21 (24-232) regarding the unresponsiveness, non- compliance, and failure to fulfill contractual obligations exhibited by Klassic Engineering and Construction, Inc. Mr. Garcia referenced his email to everyone earlier this date which included supporting documents for the claims made and asked that the City conduct a thorough review to ensure the selected contractor upholds the law before approving this item. (01:27:27) Paul Maddison, Pasea Hotel and Spa General Manager, was called to speak and stated support for Administrative Public Hearing Item #28 (24-313) regarding the modification of the Management District Plan for the Huntington Beach Tourism Business Improvement District. (01:28:50) Don Ramsey, 61-year Huntington Beach resident, was called to speak and stated support for Administrative Public Hearing Item #28 (24-313) regarding the modification of the Management District Plan for the Huntington Beach Tourism Business Improvement District. (01:30:24) Tony Duran, Huntington Beach resident, business owner and Huntington Beach Downtown Business Improvement District Executive Vice President, was called to speak and personally stated support for 35 Council/PFA Regular Minutes May 7, 2024 Page 8 of 26 Administrative Public Hearing Item #28 (24-313) regarding the modification of the Management District Plan for the Huntington Beach Tourism Business Improvement District. (01:32:07) Tory Johnson, 13-year Huntington Beach resident and Huntington Beach Black Lives Matter Member, was called to speak, paid tribute to Former Mayor Shirley Dettloff and stated support for Councilmember Item #29 (24-337) regarding a sign code update and Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:33:34) Linda Moon, 50-year Huntington Beach resident, was called to speak, paid tribute to Former Mayor Shirley Dettloff and stated support for Councilmember Item #29 (24-337) regarding a sign code update and Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:35:40) Gigi Jackson, Huntington Beach resident and homeowner, NAACP Orange County Member and Homeless United Advocate, was called to speak, paid tribute to Former Mayor Shirley Dettloff and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:37:07) Unnamed Speaker was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:38:57) Laurie McCulloch was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:40:00) Rocky McKinnon, McKinnon Surf and SUP Lessons Owner, was called to speak stated support for Administrative Public Hearing Item #28 (24-313) regarding the modification of the Management District Plan for the Huntington Beach Tourism Business Improvement District. (01:40:53) Karen Carroll, long-time resident, retired finance educator and Homeless United Huntington Beach Member, was called to speak and paid tribute to Former Mayor Shirley Dettloff. (01:42:02) Cody Cleary, Huntington Beach resident, business owner and 2024 City Council Candidate, was called to speak and stated he believes in the ability of Huntington Beach to create a brighter future. (01:43:06) Christopher Rini, Huntington Beach native, substitute teacher, archivist, and Central Library volunteer, was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:43:53) Carol Kanode, 40-year Huntington Beach resident and Library Volunteer, was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:45:36) Sonya was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:48:06) Jacqueline Brodt, Huntington Beach resident, Huntington Beach Wetlands Conservancy Board Member, and Friends of the Library Former Board Member, was called to speak, paid tribute to Former Mayor 36 Council/PFA Regular Minutes May 7, 2024 Page 9 of 26 Shirley Dettloff and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:49:57) Grace Croft, a life-long Huntington Beach resident and member of the LGBTQ+ community, was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:51:52) Flossie Horgan was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:53:22) Paula Schaefer, 30+-year resident of Huntington Beach, homeowner and library patron, was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:53:54) Mira was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:55:44) Natasia Nastic was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:56:57) Kathryn Goddard was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (01:58:41) Roshel Graham, a resident of Huntington Beach, pediatrician and mother of two, was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. Mayor Van Der Mark invited Ms. Graham to complete a blue card for follow-up. (02:00:24) Unnamed Speaker was called to speak and stated support for Councilmember Item #29 (24-337) regarding a sign code update and Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (02:02:11) Unnamed Speaker was called to speak and stated support for Councilmember Item #29 (24-337) regarding a sign code update and Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (02:03:54) Pablo Aspas, Huntington Beach resident, was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (02:05:51) Luis Alema, Orange County Labor Federation, representing 97 different unions, was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (02:07:30) Stanley Wolf, 45-year Huntington Beach resident and Army veteran, was called to speak and shared his solution regarding the Huntington Beach Public Library system controversy. (02:09:09) 37 Council/PFA Regular Minutes May 7, 2024 Page 10 of 26 Alejandra Capistran was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. Mayor Van Der Mark invited Ms. Capistran to complete a blue card for follow-up. (02:10:39) Laura Lavin Valle was called to speak and stated support for Councilmember Item #30 (24-350) regarding a vote of the people to decide if the Huntington Beach Public Library system should be privatized/outsourced. (02:12:30) Roger Noor, a 25+-year resident of Huntington Beach, was called to speak and shared his opinions regarding the Huntington Beach Public Library system controversy. (02:14:06) Unnamed Speaker was called to speak and shared a video to support her belief that books are not the enemy. (02:15:55) Danielle Houston, 8th Generation Californian and lifetime Huntington Beach Public Library patron, was called to speak and stated her opposition to any efforts to privatize the Huntington Beach Public Library system. (02:17:43) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None AB 1234 REPORTING Mayor Van Der Mark, Mayor Pro Tem Burns and Councilmember Strickland reported traveling to Washington, DC with Interim City Manager Eric Parra and Council Policy Analyst Shannon Levin to meet with various representatives to discuss funding for coastal erosion projects and the Navigation Center; Councilmembers Kalmick and McKeon reported attending the Southern California Association of Government (SCAG – OC) Council of Governments Annual Meeting. OPENNESS IN NEGOTIATION DISCLOSURES Councilmembers Kalmick, Moser and Bolton reported meeting with representatives of the Municipal Employees' Organization (MEO). CITY TREASURER’S REPORT 12. 24-317 Received and Filed the City Treasurer’s Quarterly Investment Report for March 2024 Alisa Backstrom, City Treasurer presented a PowerPoint communication titled Quarterly Investment Report, Quarter Ended: March 31, 2024, with slides entitled: Interest Rates — US Treasury Yield Curve, March 28, 2024; Investment Portfolio — Summary, Quarter Ended 3/31/24; Investment Portfolio — Investments by Type, Quarter End 3/31/24; Investment Portfolio — By Maturity, Quarter End 3/31/24; Investment Portfolio — Selected Activity, Quarter End 3/31/24; Investment Portfolio — Selected Compliance, Quarter End 3/31/24; Additional Information and Questions? Councilmember Kalmick and Treasurer Backstrom discussed the current low-interest investments purchased in 2021 which will be held until they come due. Treasurer Backstrom explained that a re- balance analysis is completed monthly, but it is nearly impossible to quickly turn over investments of $350-$380M just to benefit from increasing interest rates. Councilmember Kalmick asked Treasurer Backstrom to email the ageing portfolio to Councilmembers, and she acknowledged the request. 38 Council/PFA Regular Minutes May 7, 2024 Page 11 of 26 Councilmember McKeon and Treasurer Backstrom discussed raging inflation, investing policy related to short-term vs long-term funding needs, and evaluating the liability matching process. A motion was made by Strickland, second Van Der Mark to receive and file the City Treasurer's Quarterly Investment Report for March 2024, pursuant to Section 18.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None CONSENT CALENDAR (Items 13-24) Mayor Van Der Mark pulled Item #21; Councilmember Bolton pulled Item #15; and Councilmember Moser pulled Items #14 and #19 for further discussions. City Clerk 13. 24-322 Approved and Adopted Minutes A motion was made by Strickland, second Kalmick to approve and adopt the City Council/Public Financing Authority regular meeting minutes of April 16, 2024. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 14. 24-323 Received and Filed Monthly Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies — April 2024 Councilmember Moser pulled this item to understand the discrepancy between Intergovernmental Relations Committee (IRC) information reported in this item and Consent Item #15, and referenced Page 5 of the IRC minutes which showed under Miscellaneous, for AB 1825 Freedom to Read Act, "opposed" under Item #14; however, Item #15 has a request for Council action to "watch". Assistant City Manager Travis Hopkins and staff responded that the IRC did vote on that measure and shortly thereafter was alerted by the state lobbyist that there were significant changes to the legislation and a decision was made to return the referenced item to IRC for further discussion. Councilmember Moser noted her confusion because to the best of her understanding the IRC meeting took place mid-April and the legislative changes were made at the end of March which confuses her. A motion was made by Van Der Mark, second Strickland to receive and file monthly update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies — April 2024. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 39 Council/PFA Regular Minutes May 7, 2024 Page 12 of 26 City Manager 15. 24-310 Took positions on legislation pending before the State Legislature, as recommended by the Intergovernmental Relations Committee (IRC) Councilmember Kalmick recused himself and left the room for part F) SB 1102 because of a financial conflict of interest. Councilmember Bolton pulled this item to ask for clarification on AB 1886 (Alvarez) Housing Element law; substantial compliance: Housing Accountability Act. Staff explained that AB 1886 creates a rebuttal presumption so if a city gets a challenge on their housing element, it means only the court or California Housing and Community Development (HCD) can determine if the city is in substantial compliance with the housing element law. This is intended to strengthen existing law. Councilmember Bolton said she will not support an item that is not making any changes. Councilmember Bolton asked what the status is for the group of housing bills. Staff responded that AB 1886 is active; SB 450 was a two-year bill ordered to the Assembly floor in 2024, and with the overturn of SB 9 it was found unconstitutional and as of May 7 is inactive; SB 1037, SB 1211 and AB 2081 are all active. Councilmember Bolton stated her understanding is that legal settlement funds are currently exempt from taxation, and staff responded that SB 1102 is currently on the suspense file which doesn't mean it won't move forward anytime in the future. SB 1102 specifically calls out the Huntington Beach oil spill settlements. City Attorney Michael Gates noted that depending on the nature of the aggrieved party, settlements could be taxable income. Councilmember Bolton added her understanding is that compensation related to lost income, or profit, is taxable; but payments for pain and suffering or other types of damage is currently not taxable. Staff confirmed SB 1102 would exempt gross income from taxation regardless of source. Councilmember Bolton shared her concern regarding the fact that if SB 1102 passes, to the best of her understanding, it most likely could exempt from taxation the $7.5M paid out by the City of Huntington Beach to the Pacific Air Show promoter. Councilmember Bolton stated that since this item is on the suspension file, SB 1102 should not even be considered for any position at this time. Councilmember Strickland noted that SB 1102 could be pulled off the suspension file at any time and it could be passed and sent to the floor within 48 hours. Therefore, he feels it is important to have the position of this body on record. Councilmember Moser stated that to her it appears this item is being brought forward at this time purposely to help Code 4, and therefore she will not support it. Mayor Van Der Mark clarified with Council Policy Analyst Shannon Levin that "Personal income tax law: corporation tax law: oil spill: exclusion" is the title for SB 1102. A motion was made by Strickland, second Burns to approve the legislative position taken by IRC on April 17, 2024: 40 Council/PFA Regular Minutes May 7, 2024 Page 13 of 26 A) OPPOSE AB 1886 (Alvarez). Housing Element law: substantial compliance: Housing Accountability Act. The motion carried by the following roll call vote: AYES: Burns, Van Der Mark, Strickland, and McKeon NOES: None ABSTAIN: Moser, Bolton, and Kalmick A motion was made by Strickland, second Burns to approve the legislative position taken by IRC on April 17, 2024: B) OPPOSE SB 450 (Atkins) Housing development: approvals The motion carried by the following roll call vote: AYES: Burns, Van Der Mark, Strickland, and McKeon NOES: Kalmick ABSTAIN: Moser, and Bolton A motion was made by Strickland, second Burns to approve the legislative position taken by IRC on April 17, 2024: C) OPPOSE SB 1037 (Wiener) Planning and zoning: housing element: enforcement The motion carried by the following roll call vote: AYES: Burns, Van Der Mark, Strickland, and McKeon NOES: None ABSTAIN: Moser, Bolton, and Kalmick A motion was made by Strickland, second Burns to approve the legislative position taken by IRC on April 17, 2024: D) OPPOSE SB 1211 (Skinner) Land use: accessory dwelling units: ministerial approval The motion carried by the following roll call vote: AYES: Burns, Van Der Mark, Strickland, and McKeon NOES: None ABSTAIN: Moser, Bolton, and Kalmick A motion was made by Strickland, second Burns to approve the legislative position taken by IRC on April 17, 2024: E) SUPPORT AB 2081 (Davies) Substance abuse: recovery and treatment programs. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 41 Council/PFA Regular Minutes May 7, 2024 Page 14 of 26 A motion was made by Strickland, second Burns to approve the legislative position taken by IRC on April 17, 2024: F) SUPPORT SB 1102 (Nguyen) Personal income tax law: corporation tax law: oil spill: exclusion The motion carried by the following roll call vote: AYES: Burns, Van Der Mark, Strickland, and McKeon NOES: Moser, and Bolton RECUSED/OUT OF THE ROOM: Kalmick A motion was made by Strickland, second Burns to approve the legislative positions taken by IRC on April 17, 2024: G) SUPPORT SB 1214 California Commission on the Unites States Semiquincentennial The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None Fire 16. 24-321 Approved and authorized execution of the termination of City of Huntington Beach Memorandum of Understanding between the City of Huntington Beach and Friends of the HB Junior Guards A motion was made by Strickland, second Kalmick to approve and authorize the Interim City Manager to execute Termination of City of Huntington Beach Memorandum of Understanding with Friends of the HB Junior Guards (Att 1); and appropriate $129,000 to business unit 10065205 for the purchase of Junior Lifeguard Program clothing, uniforms and merchandise from the Friends of the HB City Junior Guards. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 17. 24-325 Approved and authorized an agreement with Huntington Surf and Sport for Junior Lifeguard Program clothing, uniforms and merchandise A motion was made by Strickland, second Kalmick to approve and authorize the Interim City Manager to execute the agreement with Huntington Surf and Sport for Junior Lifeguard Program clothing, uniforms and merchandise. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 42 --- Council/PFA Regular Minutes May 7, 2024 Page 15 of 26 18. 24-311 Approved and authorized execution of Amendment No. 1 to the Memorandum of Understanding (MOU) between the City of Huntington Beach and Huntington Beach Fire Outreach Foundation (HBFOF) A motion was made by Strickland, second Kalmick to approve and authorize the Interim City Manager to execute Amendment No. 1 to the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Fire Outreach Foundation. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None Police 19. 24-281 Approved and authorized a three-year Service Agreement with the City of Newport Beach for supplemental law enforcement services Councilmember Moser pulled this item to note for the record that the Pacific Air Show was not listed as an example of an event where the permit holder pays for supplemental public safety costs. She added that she expects the Pacific Air Show permit holder will be held to the same standards even though that event was not specifically listed. A motion was made by Moser, second Bolton to approve and authorize the Mayor and City Clerk to execute the "Agreement for Supplemental Law Enforcement Services between the City of Huntington Beach and the City of Newport Beach" in an amount not to exceed $120,000. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None Public Works 20. 24-072 Approved Agreement for Provision of Sewer Services for Tract 19245 in the City of Fountain Valley A motion was made by Strickland, second Kalmick to approve and authorize the Mayor to execute the Agreement for Provision of Sewer Services (Attachment 2) between the City of Fountain Valley, the Developer, Bonanni Development Company VI, LLC, and the City of Huntington Beach for Tract 19245 in the City of Fountain Valley; and, instruct the City Clerk to record the Agreement for Provision of Sewer Services with the County of Orange Recorder's office. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 21. 24-232 Accepted bid and authorized execution of a construction contract with Klassic Engineering & Construction, Inc. in the amount of $273,425.90 for the LeBard Park 43 Council/PFA Regular Minutes May 7, 2024 Page 16 of 26 Improvements Project, CC-1668 and authorized change orders not to exceed 15 percent Mayor Van Der Mark pulled this item to allow Public Works Director Chau Vu to respond to public speaker comments on this item. Director Vu explained that for the LeBard Park Improvements Project, she could confirm that with the original contractor, Aguilar, there were contract compliance and labor law issues and noted an agreement could not be reached on change orders. She added that the Department of Industrial Relations is involved with Aguilar at this time. Regarding the selection of Klassic Engineering, Director Vu noted their references checked out, their license is valid, they have not been suspended or disbarred, and they can legally bid on projects. Referenced projects that were similar to LeBard Park were followed up with a phone call by staff to verify the projects were completed on time with good quality of work. Director Vu stated that review of Klassic Engineering's past projects provides a stellar performance history, and staff recommends awarding this project to the second lowest bidder, Klassic Engineering, to complete the LeBard Park Improvements Project which includes fencing, painting and landscaping. Councilmember Kalmick referenced the letter received from the Center for Contract Compliance which included two Department of Industrial Relations prevailing wage claims and penalty assessments for Klassic Engineering in the last month. Director Vu responded that there is a pending investigation and noted that no fines have been levied, so the possibility exists for Klassic Engineering to still make good on whatever the issues are with the Department of Industrial Relations. Director Vu confirmed for Councilmember Kalmick that a couple of weeks is not needed to let this situation sort itself out. A motion was made by Strickland, second Burns to accept the next lowest responsive and responsible bid submitted by Klassic Engineering & Construction, Inc. in the amended amount of $273,425.90; and, authorize the Mayor and City Clerk to execute a construction contract in the form approved by the City Attorney; and, authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the contract construction costs, or $41,013.89. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 22. 24-253 Approved AB 2766/MSRC Microtransit Service Grant Agreement with the South Coast Air Quality Management District ("SCAQMD") to provide funding for the City’s downtown shuttle service agreement with Circuit Transit, Inc. ("Circuit") A motion was made by Strickland, second Kalmick to approve the AB 2766/MSRC Microtransit Service Grant Agreement with the South Coast Air Quality Management District for the downtown shuttle service agreement funding for Circuit Transit, Inc.; and grant permission to the Director of Public Works to execute the AB 2766/MSRC Microtransit Service Grant Agreement with the South Coast Air Quality Management District electronically; and approve a budget appropriation of $279,186 for the AQMD/MSRC grant funds into business unit 129185101.69505. The motion carried by the following roll call vote: 44 Council/PFA Regular Minutes May 7, 2024 Page 17 of 26 AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 23. 24-288 Approved Amendment No. 3 to the City’s Professional Services Contract for On-Call Water and Engineering Services with HDR Engineering, Inc. to extend the contract term for an additional two years A motion was made by Strickland, second Kalmick to approve Amendment No. 3 to Professional Services Contract for On-Call Water and Engineering Services with HDR Engineering, Inc. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 24. 24-319 Adopted Resolution No. 2024-21 authorizing an application for funds for the Environmental Cleanup, Tier 1 Grant Program under the Orange County Transportation Authority (OCTA) Environmental Cleanup Program A motion was made by Strickland, second Kalmick to adopt Resolution No. 2024-21, "A Resolution of the City Council of the City of Huntington Beach Authorizing an Application for Grant Funds for the Environmental Cleanup Tier 1 Grant Program Under the Orange County Transportation Authority Environmental Cleanup Program." The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None PUBLIC HEARING 25. 24-247 Adopted Resolution No. 2024-17 approving the 2024-2025 Annual Action Plan for Federal Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Entitlement Grant Programs No Councilmember had any ex parte communication to disclose for this item. Charles Kovac, Housing Manager, introduced Steve Holtz, Community Development Deputy Director, and presented a PowerPoint communication titled City Council Public Hearing on the 2024-25 Annual Action Plan, with slides entitled: Background (2); 2024-25 Funding; CDBG Public Services; CDBG Capital & Housing Preservation Projects; HOME Allocations; Available Carryover HOME Admin; Recommendations; and Questions? Councilmember Moser confirmed with Manager Kovac that the Mobile Home Tenant-Based Assistance (TBA) program has served 51 individuals and the additional funding is expected to serve approximately 25 more individuals. There was also discussion on the possibility of re-opening the application process. Mayor Van Der Mark opened the Public Hearing. City Clerk Robin Estanislau stated there were no public speakers for this item. 45 Council/PFA Regular Minutes May 7, 2024 Page 18 of 26 Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet which were all uploaded to the City's website and Councilmember iPads: 1 staff memorandum. Mayor Van Der Mark closed the Public Hearing. A motion was made by Van Der Mark, second Moser to adopt staff recommendation that the City Council approve and authorize the following in compliance with the Consolidated Plan Procedures of 24 CFR Part 91: conduct a public hearing for the 2024-25 Action Plan; and, adopt Resolution No. 2024-17, "A Resolution of the City Council of the City of Huntington Beach, California, Approving the 2024-2025 Annual Action Plan for Federal Community Development Block Grant and HOME Investment Partnerships Programs"; and, authorize the City Manager to sign all necessary related documents. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 26. 24-299 Approved Zoning Text Amendment No. 23-002 (Zoning Update) by approving for introduction Ordinance Nos. 4307, 4308, 4309, 4310, 4311, 4312, 4313, 4314 and Resolution No. 2024-22; and, approved for introduction Ordinance No. 4322 amending Title 3 of the Huntington Beach Municipal Code (HBMC) titled Revenue and Finance Joanna Cortez, Principal Planner, presented a PowerPoint communication titled Zoning Text Amendment No. 23-002 & Municipal Code Amendment with slides entitled: Request; Chapter 230 Site Standards (2); Chapter 231 Off Street Parking and Loading Provisions (2); map showing Beach Edinger Specific Plan (BECSP) Zone Amendment boundaries; BECSP — Section 2.5: Street Improvements; Currently, BECSP requires 6 ft. wide sidewalks and a range of 4 ft. – 9 ft. wide plant strip; Proposed: No landscape requirement for ROW less than 10 ft. wide; BECSP — Section 2.5: Street Improvements; Municipal Code Amendment; Recommendation; and Questions? There being no Councilmember questions, Mayor Van Der Mark opened the Public Hearing. City Clerk Robin Estanislau confirmed there were no public speakers for this item, nor was any supplemental communication received. Mayor Van Der Mark closed this public hearing. Councilmember Bolton confirmed with Principal Planner Cortez that the proposed "clean-up" issues can be approved separately from the proposed policy issue. Councilmember Kalmick and Principal Planner Cortez discussed the Beach-Edinger Corridor Specific Plan (BECSP) Environmental Impact Report (EIR) which Councilmember Kalmick thought was going to be repealed. Principal Planner Cortez explained that decertifying the BECSP EIR would require new zoning standards, commitment for long-term resources which were not in the budget when the H Item was originally presented, and noted discussions are ongoing. Councilmember Kalmick stated the original issue was addressing middle income housing, and noted his confusion regarding an ordinance that could be appealed by a vote of the people. Principal Planner 46 Council/PFA Regular Minutes May 7, 2024 Page 19 of 26 Cortez confirmed that a future City Council could just repeal the ordinance if they chose to support a project like this and would not be required go through a vote of the people. He stated he will not be supporting Ordinance No. 4322 because it doesn't affect any policy change in the long term. Councilmember Bolton stated she also will not support Ordinance No. 4322. A motion was made by Burns, second Strickland to approve finding Zoning Text Amendment No. 23-002 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density and in accordance with the BECSP Program Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8, 2009. Pursuant to CEQA Guidelines Section 15162 and 15163, no subsequent EIR or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required; approve Zoning Text Amendment No. 23-002 with findings (Attachment No. 1) after the City Clerk reads by title, approve for introduction: 1. Ordinance No. 4307, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 203 Definitions of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23- 002)"; (Attachment No.2); 2. Ordinance No. 4308, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 210 Residential Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)"; (Attachment No. 3); 3. Ordinance No. 4309, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 211 C Commercial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)"; (Attachment No. 4); 4. Ordinance No. 4310, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)"; (Attachment No. 5); 5. Ordinance No. 4311, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 218 M Mixed Use-Transit Center District of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)"; (Attachment No. 6); 6. Ordinance No. 4312, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 Site Standards of the Huntington Beach Zoning Code and Subdivision Ordinance (Zoning Text Amendment No. 23-002)"; (Attachment No. 7); 7. Ordinance No. 4313, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 231 Off-Street Parking and Loading Provisions of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)"; (Attachment No. 8); 8. Ordinance No. 4314, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 241 Conditional Use Permits and Variances – Temporary Use Permits-Waiver of Development Standards of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23- 002)"; (Attachment No. 9); 9. Resolution No. 2024-22, "A Resolution of the City Council of the City of Huntington Beach Approving an Amendment to the Beach and Edinger Corridors Specific Plan (SP 14) (Zoning Text Amendment No. 23-002)"; (Attachment No. 10); and C) Find the Municipal Code Amendment exempt from the California Environmental Quality Act Approve Municipal Code Amendment and, after the City Clerk reads by title, approve for introduction: Ordinance No. 4322, "An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 3.60 Entitled "Joint Exercise of Power Agreements." (Attachment No. 11) The motion carried by the following roll call votes to approve finding Zoning Amendment No. 23-002 exempt from the California Environmental Quality Act (CEQA); Ordinance Nos. 4307, 4308, 4309, 4310, 4311, 4312, 4313 and 4314; and, Resolution No. 2024-22: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 47 Council/PFA Regular Minutes May 7, 2024 Page 20 of 26 The motion carried by the following roll call vote for Ordinance No. 4322: AYES: Burns, Van Der Mark, Strickland, and McKeon NOES: Moser, Bolton, and Kalmick ADMINISTRATIVE PUBLIC HEARING 27. 24-316 Conducted Administrative Public Hearing for the 2024 Annual Weed Abatement Program and authorized the Director of Public Works to proceed with abatement Jimmy Hoang, Code Enforcement Manager, presented a PowerPoint communication titled Annual Weed Abatement Public Hearing, with slides entitled: Background, Program Timeline (3), Recommendation and Questions? Mayor Van Der Mark opened this Administrative public hearing. City Clerk Robin Estanislau announced there were no public speakers. Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet which was uploaded to the City's website and Councilmember iPads: 1 email communication. Mayor Van Der Mark closed this Administrative public hearing. A motion was made by Van Der Mark, second Burns to open a public hearing for any objections to the proposed removal of weeds and rubbish; and, authorize the Director of Public Works to proceed with the abatement of the nuisance. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 28. 24-313 Received Public Comment Pursuant to CA Government Code - GOV § 54954.6 Regarding the Modification of the Management District Plan for the Huntington Beach Tourism Business Improvement District Mayor Van Der Mark asked the City Clerk to report on the notice of this public hearing. City Clerk Robin Estanislau stated the notice of this public hearing was completed in the manner and form as required by § 54954.6 of the California Government Code. Kriss Casanova, Economic Development Manager, provided a verbal report for this item. Mayor Van Der Mark opened this Administrative public hearing. City Clerk Robin Estanislau announced there were 4 public speakers. Peter “PT” Townend, 45-year resident of Huntington Beach, was called to speak and stated that Huntington Beach is known as "Surf City" and is home of the International Surfing Museum, Surfing Walk of Fame, Surfing Hall of Fame, and Guinness World Record Holder for the Biggest Surfboard in the 48 Council/PFA Regular Minutes May 7, 2024 Page 21 of 26 World. He stated support for the modification of the Management District Plan for the Huntington Beach Tourism Business Improvement District. John Villa, Huntington Beach Wetlands Conservancy Executive Director, was called to speak and stated his support for the modification of the Management District Plan for the Huntington Beach Tourism Business Improvement District. He noted funding for the Tourism Business Improvement District does not come from the City of Huntington Beach or the residents, but only affects people staying at hotels and motels. He stated the increased funding of two percent (2%) will help pay for commercials and advertisements focused on increasing tourist visits. David Wright, Waterfront Beach Resort Representative, was called to speak and stated support for the modification of the Management District Plan for the Huntington Beach Tourism Business Improvement District. He noted that tourism generates tax revenue for Huntington Beach through the Transient Occupancy Tax, sales tax and parking revenue. Mr. Wright stated that in order to remain competitive with surrounding cities, the time to act is now to keep Huntington Beach in the forefront of traveler's minds. Kelly Miller, Visit HB President and CEO and representing the Visit HB Board of Directors, was called to speak and stated support for the modification of the Management District Plan for the Huntington Beach Tourism Business Improvement District. He noted this modification changes the assessment from four percent (4%) to six percent (6%) and is not a sales or property tax but is one hundred percent paid by overnight lodging businesses and used to market, sell and promote Surf City USA. He added this assessment generates about $.5B in direct economic impact and 5,000 jobs, in addition to $16M in Transient Occupancy Tax last year. Mr. Miller expressed his appreciation for the cooperation received from everyone in the City to reach this agreement to prime the pump in a bigger way. Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet which was uploaded to the City's website and Councilmember iPads: 1 letter and 8 email communications. Mayor Van Der Mark called for Councilmember comments. There being none, she closed this Administrative public hearing and announced that the item will come before Council for a public hearing on June 4, 2024. A motion was made by Strickland, second Burns to receive and file public comment related to the proposed modification of the Management District Plan for the Huntington Beach Tourism Business Improvement District per adopted Resolution No. 2024-13. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None COUNCIL MEMBER ITEMS 29. 24-337 WITHDRAWN/NO ACTION TAKEN — Item Submitted by Council Member Kalmick – Sign Code Update (HBZSO Section 233) – Request for Action Councilmember Kalmick introduced this item by explaining it is an effort to obtain information regarding how other cities handle non-commercial signage on public right-of-way. He also referenced several 49 Council/PFA Regular Minutes May 7, 2024 Page 22 of 26 supreme court case rulings and stated his intent is to also ensure the City's sign codes are up to date. He noted he had received an email from the City Attorney stating that Huntington Beach sign codes are compliant and consistent. Councilmember Kalmick noted that from staff research it appears that only Irvine and Costa Mesa are the two other cities in our area that allow signs in the public right-of-way. Councilmember Kalmick stated that as the 21st Century has progressed and everyone has the world at their fingertips, he believes allowing signs in the public right-of-way is a blight to the beauty of the City and it is time to have a discussion on the topic of eliminating the code section that allows these signs. He added this effort would not change the code for signs on private property. Councilmember Kalmick made a motion asking Council to direct staff to prepare ordinance text to remove non-commercial signs in the public right-of-way to proceed through the Planning Commission. Councilmember Bolton seconded the motion, and shared that she has never received requests from any member of the community to add more signs. Councilmember Moser stated her support and thanked Councilmember Kalmick for ensuring this item was brought back. She made reference to Irvine’s sign code that relates to a specific event, and shared concerns related to blight. Mayor Pro Tem Burns stated he is not a fan of signs, but he believes they do a great job of informing people, and he sees a great value in political signage. He made a substitute motion to change the Sign Code to make private property sign regulations the same as commercial property sign regulations. Councilmember Bolton asked Mayor Pro Tem Burns to describe again his substitute motion and he stated that the Sign Code for commercial properties would also apply to private property. second. Councilmember Strickland clarified with Mayor Pro Tem Burns that the intent is for commercial businesses to have the same rights as private property owners and seconded the substitute motion. City Attorney Michael Gates clarified that in the 50-day period before an election the City's regulations become relaxed so that candidates or people can post non-commercial signs on public property and the public right-of-way. He confirmed with Mayor Pro Tem Burns the intent of the substitute motion is to ensure that the easing of sign regulations applies equally to commercial and private properties. There was further discussion to clarify if the intent of the substitute motion is to include signage size being the same for commercial and private properties. City Attorney Michael Gates noted for the record that governments are allowed to distinguish and categorize speech in only one way, and that is to create two categories: commercial and non- commercial. Commercial can be more restrictive. Non-commercial is less restrictive in that the government cannot discriminate based on the message content. He explained that it would not be appropriate to limit private property signage by defining what is, or is not, allowed on sign messages by stipulating only signs for the immediate up-coming election are allowed. Discussion continued with more details related to Irvine's code. Councilmember Kalmick stated his belief it is not appropriate to put up candidate signs for any election other than the immediate upcoming election. He added that his goal was to eliminate some of the signage blight, not increase it. He stated opposition to any effort that could possibly increase public right-of-way signage and would withdraw the item rather than go down that path. 50 Council/PFA Regular Minutes May 7, 2024 Page 23 of 26 Councilmember Bolton asked for clarification on what problem would be solved by the substitute motion. Mayor Van Der Mark noted that in the past some residents have asked to place large signs on their property, but currently they are not allowed to do that. Councilmember Moser asked that if this item was withdrawn could further discussions be had. She stated that in her mind it would be appropriate for the sake of transparency and precision for the Substitute Motion to be brought back as its own item, rather than piggy backing on the original item. Councilmember Bolton stated she would like to see a legal memo on the Substitute Motion as she is having difficulty understanding the full implications. After Councilmember Strickland requested clarification that if Councilmember Kalmick were to withdraw his item, then the Substitute Motion would also be withdrawn, City Attorney Gates reminded Council that a Substitute Motion was on the floor. The substitute motion was then withdrawn by Mayor Pro Tem Burns, and the item itself was withdrawn from consideration by Councilmember Kalmick. 30. 24-350 Denied Item Submitted by Council Members Bolton, Kalmick, and Moser — HB Public Library: Vote of the People to Privatize/Outsource (Charter Amendment) and Postpone/Terminate RFP Process Until After Vote Councilmember Kalmick introduced this item by stating the lack of good policy direction from Councilmembers has kept staff from being successful in reaching the intended end game, and noted the topic touches nearly every resident and they would like to have a say in the final decision. He added that because it would take years to fix if it didn't work, and there is not overwhelming data that supports a positive outcome, he believes the people should be allowed to vote and decide if the library system is currently working, or is it broken and needs to be fixed. Councilmember Kalmick reviewed the sample resolution and proposed charter amendment. He noted the cost would be relatively low to put this on the November 2024 ballot, and stated there has been no value, other than financial, for supporting library privatization. No one is claiming this change would make the library better, nor have there been claims from the residents that the library needs to be better. Councilmember Bolton stated her support for the comments of Councilmember Kalmick. She added this is not a complicated issue and the voters should have an opportunity to weigh in. Councilmember Bolton shared her concern, based on actual experience of other municipalities, about the cost to get the library back to where it was before outsourcing. She stated the probability of failure is too high to decide without the input of the voters. Councilmember Moser stated her support for the comments of Councilmembers Kalmick and Bolton and thanked all of the residents who have responded with public comments and emails to fight for the existing library system. She noted this is a long-term decision that needs to be decided by the community, rather than just the Councilmembers. Councilmember McKeon shared his opinion that there is nothing wrong with requesting proposals, evaluating operational efficiencies and potential cost savings for any City department. He added, the question is not "what is wrong with the library?" It is Council's fiduciary responsibility to determine the most efficient way to run the library. Approving a request for proposals is needed to acquire the facts and data before any action can be considered. 51 Council/PFA Regular Minutes May 7, 2024 Page 24 of 26 Councilmember McKeon noted that Councilmembers are elected to be good financial stewards of their hard-earned tax dollars. Putting everything to a vote is not practical nor efficient and definitely not a good use of taxpayer funds and time. Mayor Pro Tem Burns stated his support for Councilmember McKeon’s comments, and stated he has no intention of privatizing the library system. He noted there may be information acquired through the request for proposals process which could be used to reduce costs and improve efficiencies. He referenced the many functions in other departments that are currently outsourced and stated outsourcing may or may not work for the library, but until information and data is obtained it is not possible to know. Councilmember Strickland asked staff where they were in the request for proposals process. Interim City Manager Eric Parra replied research is still being conducted, including dealing with some unions, and no requests for proposals have been sent out. Mayor Van Der Mark stated her support for the comments made by Mayor Pro Tem Burns and Councilmember McKeon. She acknowledged that Councilmember decisions have long-term effects, and each Councilmember is elected to make hard decisions. Mayor Van Der Mark believes this item is premature, and it is Council's fiscal responsibility to move ahead with the request for proposals to gather data. Gathering data does not mean Council will proceed to outsourcing. Councilmember Moser shared her belief that it is premature to proceed with the request for proposal (RFP) process, and stated it is not necessary for Council to respond with an RFP request for every communication they receive from people claiming they can save the City money. She also noted that there were not hundreds of people requesting the Charter amendments, yet there was nearly $500,000 spent in placing them on the March 5, 2024, election ballot. In this situation, there are hundreds and hundreds of people requesting they be allowed to vote on whether the library system is privatized. Councilmember Moser referenced the staff report on the potential savings if the library was privatized, and stated if you ask good questions the expectation for savings does not hold up. She stated her opinion that professional library services should not be outsourced to a private entity. Further, this effort is only looking at 1.9% of the City's budget, for a department that has had very little budget increase in the last decade, and it would be more appropriate to look at this within the normal budget process. Councilmember Moser stated she believes the chaos would be calmed if the RFP process was stopped until the residents have an opportunity to vote. She also shared her opinion that choosing to move forward with the RFP process is not prudent nor thoughtful. Councilmember Strickland noted the opposing statements made during this discussion by Councilmember Moser who stated there is enough information [to document minimal cost savings through privatization] while Councilmember Kalmick indicated that information is not available. He further stated that "privatization" is selling assets and noted that is not even being considered, but rather the RFP process is to determine whether outsourcing is a viable option. Councilmember Strickland stated his support for continuing the RFP process so that Council has information to make an informed decision. Councilmember McKeon responded to Councilmember Moser's comments by stating that past City Council actions have led to this difficult financial situation and noted that Councilmembers Bolton, Moser and Kalmick voted to sell the Elan property at Beach Boulevard and Ellis Avenue, as well as the Breakwater property behind Olive Garden, and as part of that transaction, the City must forego $600,000 each year in property tax revenue for the next 35 years. 52 Council/PFA Regular Minutes May 7, 2024 Page 25 of 26 Councilmember Bolton stated that the budget would not be balanced on $600,000 each year, nor will the budget be balanced on the back of the library. She and the residents who have spoken on this issue believe there is enough information available to know they do not need to proceed with the RFP process, and they do not support outsourcing to L S & S because of the published reports on the experiences of other municipalities. Councilmember Kalmick responded to the on-going discussion by noting that Municipal Finance 101 is based on the understanding that Community Services are always subsidized by the General Fund. He also stated that the residents have not seen the staff documentation that Councilmember Moser referenced. He added that he has not seen the proposal from L S & S that supposedly claims to save the City $1M. Councilmember Kalmick discussed the difference between low and high turnout elections, and stated the RFP process should follow the recommendation of a consultant or staff because of Councilmembers asking what efficiencies could result from outsourcing library services. He noted the costs that have occurred because of how City Council has chosen to proceed. He stated that Measure C exempts libraries and doesn't require a public vote for Council decisions that affect the library system. Councilmember Strickland stated his support for the library's great service. He and Councilmember Kalmick discussed whether it is appropriate to bring the Pacific Air Show, which generates revenue, into the discussion, and the hyperbole being expressed just based on assumptions rather than reality. Councilmember Bolton asked City Clerk Robin Estanislau what the vote margin was regarding the Pride flag Charter amendment. City Attorney Michael Gates advised that this topic is not on the agenda and should not be discussed. A motion was made by Bolton, second Kalmick to direct the City Manager, City Attorney and City Clerk to prepare resolutions, ordinances, and any other materials necessary to place two items for consideration on the November 5, 2024 General Election ballot and agendize for a vote at our June 4, 2024, City Council Meeting: A Charter Amendment to require a majority vote of the City Council and a majority vote of the electors of Huntington Beach to approve any proposal that would change the wholesale management of the library, and/or any proposal to operate the library with a private contractor that would employ library staff to achieve cost savings; and, an advisory vote of the electors of Huntington Beach on whether to hire a third-party contractor to operate the HBPL; a replacement of the current management structure, as proposed by the City Council at its March 19, 2024 meeting. Additionally, direct the City Manager to cease any further work on the Request for Proposals (RFP) as it relates to the action taken at the March 19, 2024, meeting. The motion failed by the following roll call vote: AYES: Moser, Bolton, and Kalmick NOES: Burns, Van Der Mark, Strickland, and McKeon COMMENTS AND MOMENT OF SILENCE TO HONOR THE PASSING OF FORMER MAYOR SHIRLEY DETTLOFF Tributes to honor Former Mayor Shirley Dettloff were provided by Mayor Van Der Mark, and Councilmembers Kalmick, Bolton, Moser, Strickland and McKeon who described her ability to meet and mutually agree to respectfully disagree on solutions; honored to have her as a friend; the perfect model of a public servant focused on being collaborative in finding solutions that are best for Huntington Beach; 53 Council/PFA Regular Minutes May 7, 2024 Page 26 of 26 commitment to continuing Shirley’s legacy of service and integrity; someone who never was derogatory to or about anyone; consistent ability to engage in respectful and cordial discussion; and expressed their condolences to Shirley’s family and friends. ADJOURNMENT — At 11:00 PM a motion was made by Strickland, with a second by Burns, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority meeting on Tuesday, May 21, 2024, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov _______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 54 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-366 MEETING DATE:5/21/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Receive and file the City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s Office between January 1, 2024 and March 31, 2024 Statement of Issue: On a quarterly basis, the City Clerk provides a list of professional services contracts that are entered into by City Departments and consultant firms, pursuant to the Huntington Beach Municipal Code. These contracts have been transmitted to the City Clerk for official filing for the public record, and funds are included in the City budget. Financial Impact: Not applicable Recommended Action: Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of January 1, 2024 and March 31, 2024.” Alternative Action(s): Do not proceed, and provide alternative direction to staff Analysis: On November 19, 2001, the City Council established a policy to follow the administration of all contracts entered into between City Departments and consultant firms, pursuant to Huntington Beach Municipal Code Chapter 3.03. Administrative Regulation No. 228, effective as of August 4, 2008, prescribes the policy regarding professional service contracts to ensure public review of new contracts through identification on the City Council agenda, as required by section 6.4.1 of the policy. Attachment #1 is a list of contracts entered into by City Departments and received in the City Clerk’s Office for the first quarter of 2024. Environmental Status: City of Huntington Beach Printed on 5/15/2024Page 1 of 2 powered by Legistar™55 File #:24-366 MEETING DATE:5/21/2024 Not applicable Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During the Period January 1, 2024 through March 31, 2024.” City of Huntington Beach Printed on 5/15/2024Page 2 of 2 powered by Legistar™56 Page 1 of 2 *This list includes all contracts received which are public records List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of January 1, 2024 and March 31, 2024 AGREEMENT DATE DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION 01/22/2024 Human Resources Theresa St. Peter NTE $30,000 Human Resources Projects and Consultation 01/21/2027 01/23/2024 Finance Davis Farr LLP NTE $5,000 Revenue Agreed-Upon Procedures for Meadowlark Golf Course 01/22/2027 01/25/2024 Public Works Michael Baker International, Inc. Term Extended to 04/04/2025 Amendment #1 to 04/05/2021 contract for On- Call Water Engineering, Wastewater Engineering, Stormwater Engineering and Consulting Services 04/04/2025 01/30/2024 Police Winbourne Consulting, Inc. NTE $50,000 CAD/RMS Implementation Project 02/21/2027 02/01/2024 Community Development Willdan Engineering, Inc. NTE $27,000 Code Enforcement Services 01/31/2027 02/01/2024 Police PBS Engineers, Inc. NTE $9,500 Engineering Services 01/31/2027 02/02/2024 Police Heather Williams dba Premier First Responders Psychological Services NTE $30,000 Critical Incident Response 02/01/2027 03/28/2024 Public Works Derek J. McGregor, Inc. Term Extended to 05/31/2025 Amendment # 1 to 06/01/2021 contract for On- Call Development Review Engineering and Professional Consulting Services 05/31/2025 03/28/2024 Public Works HR Green Pacific, Inc. Term Extended to 05/31/2025 Amendment # 1 to 06/01/2021 contract for On- Call Development Review Engineering and Professional Consulting Services 05/31/2025 57 Page 2 of 2 *This list includes all contracts received which are public records AGREEMENT DATE DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION 03/29/2024 Community Development Sagecrest Planning and Environmental, Inc. Additional Compensation; Rates Specified in Exhibit B; Term of Agreement Extended One Year; X: 03/30/2025. Amendment # 2 to 03/31/2021 contract for Professional Planning Services 03/30/2025 58 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-379 MEETING DATE:5/21/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Chris Cole, Community & Library Services Manager Subject: Approve the design concept and placement of a re-dedication plaque celebrating the 50th Jubilee of Huntington Central Park as recommended by the Community & Library Services Commission Statement of Issue: There is a need to approve the language and location of the Huntington Central Park 50th Anniversary Jubilee re-dedication plaque as recommended by the Community & Library Services Commission. Financial Impact: Funding for the plaque is contained within the Community & Library Services Department’s Facilities & Development Account 10045401 to cover the cost of design and fabrication ($2,403). To save costs, the plaque will be installed by Public Works staff on a donated boulder. Recommended Action: Approve the design concept and placement of a re-dedication plaque celebrating the 50th Jubilee of Huntington Central Park as recommended by the Community & Library Service Commission. Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: Staff is requesting approval for the language and installation location of the Huntington Central Park 50th Anniversary Jubilee re-dedication plaque. The park was originally dedicated on Saturday, June 15, 1974. Fifty-years later, on Saturday, June 15, 2024, a celebration will be held at the Senior Center in Central Park as a re-dedication celebration to mark the park’s 50th year. The design of the plaque is standard to other facility dedication plaques (Attachment #1). Much of City of Huntington Beach Printed on 5/15/2024Page 1 of 2 powered by Legistar™59 File #:24-379 MEETING DATE:5/21/2024 the plaque content is standard as well, however, a paragraph has been included to extend the City’s appreciation for the countless volunteers who have worked tirelessly over the last 50 years making Huntington Central Park the gem that it is today. To keep with the natural aesthetics of the park, the re-dedication plaque will be mounted to a boulder and placed in a well-traveled area within the park. The boulder selected is ideal for the housing of the plaque due to its flat, front-facing surface. The proposed location for the plaque and boulder is a triangular junction where the main, most easterly path, leads park visitors to and from the Central Library’s northeast parking lot towards the bandstand, and merges with the path to and from the “nature plateau” and Adventure Playground areas (Attachment #2). As an added benefit, this triangular area where the boulder and plaque will reside has been slated for a future Eagle Scout beautification project. Photos of the area are included as Attachment #3 for reference. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Huntington Central Park 50 th Jubilee Re-dedication Plaque Mock-Up 2. Jubilee Plaque and Boulder Location Map 3. Plaque and Boulder Location Photos 4. PowerPoint Presentation City of Huntington Beach Printed on 5/15/2024Page 2 of 2 powered by Legistar™60 ATTACHMENT #1 Re-dedication Plaque Mock-up 61 ATTACHMENT #2 Plaque and Boulder Location Map 62 ATTACHMENT #3 Plaque and Boulder Location Photos 63 Huntington Central Park Re-dedication Plaque May 21, 2024 64 Re-dedication Plaque Mockup • Celebrating 50 Years • Thanks to all • Dedication date • Re-dedication date • City Council Names • City Manager’s Office • Community & Library Services Commission • Community & Library Services Jubilee Project Staff 65 Plaque/Boulder Location Map 66 Boulder & Location 67 Questions? 68 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-377 MEETING DATE:5/21/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Jennifer Villasenor, Acting Director of Community Development PREPARED BY:Joanna Cortez, Principal Planner Subject: Approve Zoning Text Amendment No. 23-002 (Zoning Update) by adopting Ordinance Nos. 4307, 4308, 4309, 4310, 4311, 4312, 4313, 4314; and, adopt Ordinance No. 4322 amending Title 3 of the Huntington Beach Municipal Code (HBMC) titled Revenue and Finance (Ordinance Nos. 4307, 4308, 4309, 4310, 4311, 4312, 4313, 4314 Approved for Introduction on May 7, 2024 by a Vote of 7-0; Ordinance No. 4322 Approved for Introduction on May 7, 2024 by a Vote of 4-3 (Moser, Bolton, Kalmick-No) Statement of Issue: The following staff report was presented via Public Hearing to the City Council on May 7, 2024: Transmitted for City Council’s consideration is Zoning Text Amendment No. 23-002, a City-initiated request to amend eight chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to update definitions and processes, provide clarification by codifying existing policies and code interpretations, and introduce a process for space efficient parking such as mechanical parking lifts. The request also amends the Beach and Edinger Corridors Specific Plan (BECSP) to update the process and provide clarification for street improvements within the specific plan. The Planning Commission and staff recommend approval of the request. The request also includes amending the Huntington Beach Municipal Code (HBMC) to incorporate language related to Joint Exercise of Power Agreements for middle-income housing developments. Financial Impact: Not Applicable Recommended Action: A) Approve Zoning Text Amendment No. 23-002 with findings (Attachment No. 1) by adopting: 1. Ordinance No. 4307, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 203 Definitions of the Huntington Beach Zoning and Subdivision Ordinance City of Huntington Beach Printed on 5/15/2024Page 1 of 5 powered by Legistar™69 File #:24-377 MEETING DATE:5/21/2024 (Zoning Text Amendment No. 23-002)”; (Attachment No.2) 2. Ordinance No. 4308, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 210 Residential Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 3) 3. Ordinance No. 4309, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 211 C Commercial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 4) 4. Ordinance No. 4310, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 5) 5. Ordinance No. 4311, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 218 M Mixed Use-Transit Center District of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 6) 6. Ordinance No. 4312, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 Site Standards of the Huntington Beach Zoning Code and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 7) 7. Ordinance No. 4313, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 231 Off-Street Parking and Loading Provisions of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 8) 8. Ordinance No. 4314, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 241 Conditional Use Permits and Variances - Temporary Use Permits- Waiver of Development Standards of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 23-002)”; (Attachment No. 9) B) Find the Municipal Code Amendment exempt from the California Environmental Quality Act by adopting Ordinance No. 4322, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 3.60 Entitled “Joint Exercise of Power Agreements.” (Attachment No. 11) Alternative Action(s): The City Council may make the following alternative motions: 1. Do not approve Zoning Text Amendment No. 23-002 and/or municipal code amendment. 2. Continue Zoning Text Amendment No. 23-002 and/or municipal code amendment and direct staff accordingly. Analysis: A.PROJECT PROPOSAL: ZTA No. 23-002 represents a request to amend and update certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) as well as the Beach and Edinger Corridors Specific Plan (BECSP) to update definitions and processes, codify existing policies and code City of Huntington Beach Printed on 5/15/2024Page 2 of 5 powered by Legistar™70 File #:24-377 MEETING DATE:5/21/2024 interpretations, introduce a process for space efficient parking, and update the process for street improvements within the specific plan. B.BACKGROUND: The purpose of this update is an ongoing effort to address common clarifications and issues that arise through the day-to-day operations and interactions of staff, residents, and business owners. In some cases, it can be as simple as clarifying a definition; in other cases, proposed amendments address emerging technologies which are not contemplated under the current zoning code. In the case of the BECSP update, the proposed amendment will provide certainty for street improvement requirements to property and businesses owners on Beach Boulevard. C.PLANNING COMMISSION MEETING AND RECOMMENDATION: On March 26, 2024, the Planning Commission held a public hearing on the ZTA. There were no speakers on the item. Only one comment was received prior to the public hearing and it is addressed in the Planning Commission staff report (Attachment No. 12). The Planning Commission recommended approval of the request to the City Council. Planning Commission Action on March 26, 2024: A motion was made by Adam, seconded by Rodriguez, to recommend to the City Council approval of ZTA No. 23-002 carried by the following vote: AYES: Adam, Rodriguez, Pellman, Kennedy, Twining, Wood, Acosta-Galvan NOES: None ABSTAIN: None ABSENT: None MOTION PASSED D.STAFF ANALYSIS: The March 26, 2024, Planning Commission staff report provides a more detailed description and analysis of the proposed ZTA (Attachment No. 12). In summary, staff and the Planning Commission recommend approval of ZTA No. 23-002 based on the following reasons: 1. It is consistent with general land uses, programs, goals, and policies of the General Plan. 2. It cleans up the HBZSO and BECSP to improve clarity, address deficiencies, and maintain currency. It also codifies existing policies and code interpretations and allows select entitlement requests to be permitted by right. 3. It ultimately results in better customer service by providing clear requirements as well as prompt and cost-effective review process. E.MUNICIPAL CODE AMENDMENT: The proposed amendment to the HBMC would require approval of a majority vote of the City Council in addition to a majority vote of the electors voting in a general or special election on a proposition to enter into a Joint Powers Agreement for middle income housing development projects. City of Huntington Beach Printed on 5/15/2024Page 3 of 5 powered by Legistar™71 File #:24-377 MEETING DATE:5/21/2024 In July 2021, the City approved a Middle Income Housing Program, which created 649 middle income housing units at the Elan and Breakwater multi-family rental developments. The properties were acquired through a Joint Powers Authority with tax exempt bonds. Funding for the program required the City to forgo property tax revenue for up to a 30-year period while the City’s financial benefits would come from the net proceeds after payoff of the bonds anytime between years 15 and 30. The issue regarding whether the City should be able to approve these types of programs without a vote of the people was raised by Council Member McKeon and considered by the City Council during the special City Council meetings on Charter amendments in September 2023. The City Council discussed the recommended Charter language and the potential to address the issue through an ordinance rather than a Charter amendment. Ultimately, Council Member McKeon withdrew the item as a recommended Charter amendment and suggested staff bring an ordinance forward for City Council consideration with general Council consensus on the direction. As such, the proposed ordinance (Attachment No. 11) would require a vote of the people if the City were to approve another Middle Income Housing Program with the same funding structure unless otherwise amended or repealed by the City Council. Environmental Status: ZTA No. 23-002 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. Additionally, the text amendment to the BECSP is within the scope of the BECSP Program Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Section 15162 and 15163, no subsequent EIR or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required. Lastly, the proposed amendment to the HBMC is exempt from CEQA pursuant to Section 15061(b)(3), which exempts projects where it can be seen with certainty that t here is no possibility that the activity in question may have a significant effect on the environment . Strategic Plan Goal: Goal 5 - Housing, Strategy A - Take action to maintain local control of land-use planning. The proposed amendment will result in better customer service by maintaining local control in certain land-use review processes. Attachment(s): 1. Suggested Findings of Approval - ZTA No. 23-002 2. HBZSO Chapter 203 (Definitions) Draft Ordinance No. 4307 and Legislative Draft 3. HBZSO Chapter 210 (Residential Districts) Draft Ordinance No. 4308 and Legislative Draft 4. HBZSO Chapter 211 (C Commercial Districts) Draft Ordinance No. 4309 and Legislative Draft 5. HBZSO Chapter 212 (I Industrial Districts) Draft Ordinance No. 4310 and Legislative Draft 6. HBZSO Chapter 218 (M Mixed-Use Transit Center District) Draft Ordinance No. 4311 and Legislative Draft 7. HBZSO Chapter 230 (Site Standard) Draft Ordinance No. 4312 and Legislative Draft 8. HBZSO Chapter 231 (Off-Street Parking and Loading Provisions) Draft Ordinance No. 4313 City of Huntington Beach Printed on 5/15/2024Page 4 of 5 powered by Legistar™72 File #:24-377 MEETING DATE:5/21/2024 and Legislative Draft 9. HBZSO Chapter 241 (Conditional Use Permits and Variances - Temporary Use Permits - Waiver of Development Standards) Draft Ordinance No. 4314 and Legislative Draft 10.BECSP Section 2.5 (Street Regulations) Draft Resolution No. 2024-22 and Legislative Draft 11.HBMC Chapter 3.60 Draft Ordinance No. 4322 12.March 26, 2024, Planning Commission Staff Report 13.HBZSO & BECSP Update Matrix of Changes 14.PowerPoint Presentation City of Huntington Beach Printed on 5/15/2024Page 5 of 5 powered by Legistar™73 ATTACHMENT NO. 1 SUGGESTED FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 23-002 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: Zoning Text Amendment (ZTA) No. 23-002 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. Additionally, the text amendment to the BECSP is within the scope of the BECSP Program Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Section 15162 and 15163, no subsequent EIR or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required. SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 23-002: 1. Zoning Text Amendment No. 23-002 is to amend eight chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to update definitions and processes, provide clarification by codifying existing policies and code interpretations, and introduce a process for space efficient parking such as mechanical parking lifts. The chapters to be amended are Chapter 203 (Definitions), Chapter 210 (Residential Districts), Chapter 211 (C Commercial Districts), Chapter 212 (I Industrial Districts), Chapter 218 (M Mixed-Use Transit Center District), Chapter 230 (Site Standards), Chapter 231 (Off-Street Parking and Loading Provisions), and Chapter 241 (Conditional Use Permits and Variances – Temporary Use Permits-Waiver of Development Standards). Additionally, the ZTA includes amending Section 2.5: Street Regulations of the Beach and Edinger Corridors Specific Plan (BECSP) to update the process and provide clarification for street improvements within the specific plan. The proposed zoning text amendment is consistent with the goals and policies of the City’s General Plan including: Land Use Element: Goal LU-1 – New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consist with the overall goals and needs of the community. Policy LU-1(D) – Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-4 (D): Ensure that single-family residences are of compatible proportion scale and character to surrounding neighborhoods. Goal LU-11 – Commercial land uses provide goods and services to meet regional and local needs. Goal LU-13 – The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. 74 Housing Element: Policy 1.4 – Encourage resident involvement in identifying and addressing maintenance of housing in their neighborhoods. Policy 4.3 – Explore continued improvements to the entitlement process to streamline and coordinate the processing of permits, design review and environmental clearance. The proposed ZTA will allow the City to process new development requests with greater clarity and in a timely manner. The proposed amendments will refine the process for common maintenance improvements for residential properties such as perimeter fencing and accessory structures while ensuring that improvements are done in a manner that is compatible in proportion, scale, and character with surrounding uses. The proposed standards for fences/walls will allow residential applicants different design options for permit approval that will provide greater privacy, compatibility with existing neighborhood fences/walls, and with reduced permitting timelines. Providing additional guidance for accessory structures, such as patio covers, will empower property owners to confidently design these structures in a manner that will comply with code and reduce plan check revisions. The introduction of space efficient parking standards in the form of mechanical stackers/lifts will provide additional parking design options for commercial and industrial uses. These standards could provide opportunities for new businesses to move into constrained sites and still provide required on-site parking. The proposed standards will allow this use to be designed in a manner consistent with existing parking standards. Development standards have been added to protect sensitive uses such as height limitation, full enclosure of mechanical equipment, and additional noise attenuation measures. These new changes will provide greater customer service as this amendment will provide a clear, review process for common improvements or inquiries from residents and business owners that will ultimately benefit the City. Circulation Element: Goal CIRC-7 - Designated scenic corridors protect and enhance visual quality and scenic views. Goal CIRC-7(D) - Provide landscaped medians and sidewalk treatments in accordance with City standards within major and primary arterial streets designated as landscape corridors, and continue to require the construction of landscaped medians and sidewalk treatments in new developments. The proposed ZTA will continue the streetscape vision for Beach Blvd. of the specific plan while clarifying the process for property and business owners. In revising the BECSP’s street regulations, it will provide additional parkway and sidewalk standards for rights-of-way that are irregular in width in a manner that is compatible with existing properties along Beach Blvd. The additional amendments will clarify the process for alternative street improvements as well as the acceptable landscaping for the specific plan. This amendment will remove uncertainty in the city permitting process that puts property owners and business along Beach Blvd. in a position where they cannot obtain final permit approval and the City cannot intervene because 75 the street is owned by a different agency. In turn, this will allow the city to expedite street improvements, provided certainty of final approval for BECSP property owners, and may encourage more improvements of properties along one of the city’s major highways. 2. Zoning Text Amendment No. 23-002 is compatible with the uses authorized in, and the standards prescribed for the zoning district for which it is proposed because it primarily revises the processing of certain permits and clarifies various sections of the HBZSO and BECSP. The revisions that have been added or clarified will not change the character of the base zoning district and the uses authorized therein. 3. A community need is demonstrated for the changes proposed because there is a constant community desire to improve customer service with decreased processing time and ensure the HBZSO and BECSP are clear, current, consistently adapting to new technologies and is proactive with conflicts in the code. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because ZTA No. 23-002 ensures the HBZSO and BECSP are clear, current, adapting to new technologies, proactive with conflicts in the code, and reflective of the City’s ongoing effort to improve customer service. 76 77 ORDINANCE NO. 4307 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 203 DEFINITIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 23-002) 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. 23-002, which amends Chapter 203 of the Huntington Beach Zoning and Subdivision 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 does hereby ordain as follows: SECTION 1. That Chapter 203 of the Huntington Beach Zoning Code is hereby amended to read as follows: 203.06 Definitions Abutting/Adjacent. Having district boundaries or lot lines or combinations thereof in common. Access, Lateral. Public access along the coast. Access, Vertical. Public access from the nearest public roadway to the shoreline. Alley. A public or private way having an ultimate width of not less than 20 feet permanently reserved primarily for vehicular service access to the rear or side of prope1iies otherwise abutting on a street. Alter. To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders that will prolong the life of the structure. Amendment. A change in the wording, context or substance of this ordinance, or a change in the district boundaries on the zoning map. Animal, Large. An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables. Animal, Small. An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept in kennels. 24-l 4077 /207726 78 ORDINANCE NO. 4307 Antenna. A device used to transmit and/or receive radio or electromagnetic waves between earth and/or satellite-based systems, such as reflecting discs, panels, mierowave dishes, whip antennas, antennas, arrays, or other similar devices. Antenna, Amateur Radio. An antenna array and its associated support structure, such as a mast or tower that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur station licensed by the Federal Communications Commission. Antenna Height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. Approach-Departure Path. The flight track of the helicopter as it approaches or departs from a designated takeoff and landing area, including a helipmi, helipad, or helistop. Achitectural Projections. Features on a building which provide visual variation and/or relief but do not serve as interior or exterior living or working space. Area, Net Lot. The total horizontal area within the prope1iy lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the prope1iy for other than vehicular ingress and egress. All setbacks, lot coverage and other development requirements shall be taken from the net lot area. Street Arca to be dedicated i 250'i .57 .53 gross acre ne! acre : 230' ... 100' ► Lot Area Arterial. Any street, highway or road designated as an arterial street in the General Plan. Assisted Living Facility. Establishments licensed by the State of California providing care on a 24-hour basis for persons requiring personalized supportive services and health related care, but 24-14077 /33 1871 2 79 ORDINANCE NO. 4307 excluding facilities providing surgical or emergency medical services. This includes State licensed establishments that provide a continuum of care for residents ranging from assistance with daily activities to memory care. Atta.chcd Structures. Two or more structures sharing a common wall or solid or lattice roof and connected by a minimum of 50% of the shortest building width. Balcony. A platform that projects from the wall of a building, without support posts, typically above the first level, and is surrounded by a rail balustrade or parapet. Basement. A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be considered as a story if the vertical distance from the average adjoining grade to the ceiling is over four feet. ~inished Grndc L---- I I I Roof Second Swry First Story Bascincnl lf this b:iscmcnt ceiling is more than •l'f\. fmm average adjoining lini$hcd .. r.._:i:... _____ grade, the oosemctll is ~onsldcn:d ~-t storv. Basement Bay Window. A window that projects out from an exterior wall. The projection must be 18" above the ground or upper story floor in order to project into the required setback. See Section 230.68. Bedroom. The term bedroom includes any room used principally for sleeping purposes, an all- purpose room, a study, a den, a room having 100 square feet or more of floor area or less than 50% of one wall open to an adjacent room or hallway. 24-14077 /33 l 87 l 3 80 ORDINANCE NO. 4307 Blockface. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right- of-way, unsubdivided land, watercourse, or City boundary, I'-> ~~ "" "" "" "" '''" fr l~l I l I l ll rQ: Blockface Boarding House. A residence or dwelling, other than a hotel or convalescent facility, where not more than five guest rooms are rented for more than 30 days under three or more separate written or oral rental agreements, leases, or subleases or combination thereof, whether or not the owner, agent, or rental manager resides within the residence and lodging and meals are provided for no more than IO persons. Guest rooms numbering six or over shall be considered a hotel. Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. Caretaker's Quarters. A dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker. Carport. A permanent roofed accessory structure with not more than two enclosed sides intended for vehicle storage, Cart/Kiosk. Any po1iable, non-motorized unit used by a vendor as described in Section 230.94. City. The City of Huntington Beach. Clinic. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians, dentists, optometrists, psychologists, or social workers practicing together. Coastal Zone. A geographic zone adjacent to the shoreline, the boundaries of which are determined by the California Coastal Act of 197 6, as amended. Collection Containers. Containers or buildings with a gross floor area of 500 square feet or less used for the deposit and storage of household articles or recyclables. See Section 230.44. 24-14077/331871 4 81 ORDINANCE NO. 4307 Commission. The Huntington Beach Planning Commission. Community Apartment Project. A project in which an individual interest in land is coupled with the right exclusively to occupy an individual unit, as provided in Section 11004 of the California Business and Professions Code. Completely Rebuilt. Rebuilding the nonconforming structure or use as it had legally existed immediately prior to its destruction. See Section 236.04. Conditional Use. A use of land that, due to the specific nature and unique characteristics of the use, requires special standards and discretionary review. Condominium. An estate in real property consisting of an undivided interest in common in a p01iion of a parcel of real property together with a separate interior space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property. Conforming Structure. A structure that fully meets the requirements of Title 17 (Building Regulations) and also conforms to all property-development regulations and requirements prescribed for the district in which it is located. Convenience Market. A retail use in conjunction with gasoline sales in which the sales room exceeds 200 square feet. See Section 230.32. Coverage, Lot or Site. The percentage of a lot or site covered by roofs, balconies, fireplaces, architectural projections, or overhangs extending more than two and one-half feet from a wall, decks more than 42 inches in height above grade, and stairs. This also includes the square footage of all building projections into yards or courts containing habitable floor area. Deck. A platform, either free-standing or attached to a building, but without a roof, that is supported by pillars, posts, or walls (see also Balcony and Patio Cover). Demolition. The deliberate removal or destruction of the frame or foundation of any p01iion of a building or structure for the purpose of preparing the site for new construction or otherwise. Density Bonus. An increase in the proposed number of units of 25% or greater over the number permitted pursuant to the current zoning and General Plan designation on the prope1iy. See Section 230.14. Director. The Director of Community Development or designee. Disabled. As more specifically defined under the Fair Housing Laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. 24-14077 /331871 5 82 ORDINANCE NO. 4307 Distribution Line. An electric power line bringing power from a distribution substation to consumers. District. A portion of the City within which the use ofland and structures and the location, height, and bulk of structures are governed by this ordinance. The zoning ordinance establishes "base zoning districts" for residential, commercial, industrial, public and open space uses, and "overlay districts," which modify base district provisions and standards. Drilling. The digging or boring of a new well into the earth for the purpose of exploring for, developing or producing oil, gas or other hydrocarbons, or for the purpose of injecting water, steam or any other substance into the earth. Dwelling, Accessory Unit. A fully equipped dwelling unit which is ancillary and subordinate to a principal dwelling unit located on the same lot in the RL zone. Also known as second dwelling unit or "granny unit." Dwelling, Multiple Unit. A building or buildings designed with two or more dwelling units. Dwelling, Single Unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single- family dwellings shall be considered as multifamily. Dwelling, Studio Unit. A dwelling unit consisting of one kitchen, one bathroom, and one combination living room and sleeping room. The gross floor area shall not exceed 500 square feet, or it shall be considered as a one-bedroom unit. Also known as a single, a bachelor, or an efficiency unit. Dwelling Unit. One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. See Section 230.52. Energy Facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other sources of energy. Environmental Impact Report (EIR). A report complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines. Environmentally Sensitive (Habitat) Area. A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. 24-14077 /33 l 87 l 6 83 ORDINANCE NO. 4307 Exemption, Categorical. An exception from the requirements of the California Environmental Quality Act (CEQA) for a class of projects, which have been determined to not have a significant effect on the environment. Fair Housing Laws. The Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act, as each statute may be amended from time to time, and each statute's implementing regulations. Family. A single individual or two or more persons living together as a single housekeeping unit in a dwelling unit. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. Floor Area, Gross. The total enclosed area of all floors of a building measured to the outside face of the exterior walls, and including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading. Floor Area Ratio (FAR). Determined by dividing the gross floor area of all buildings on a lot by the area of that lot. Floor Area Ratio (FAR) Frontage. The linear length of a building or a lot measured along the property line adjacent to a street or easement. 24-14077 /33 1871 7 84 ORDINANCE NO. 4307 Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. General Plan. The City of Huntington Beach General Plan. Grade, Existing. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this ordinance. Grade, Street. The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists. Height of Building. A vertical dimension measured from the top of the highest roof to the top of the subfloor/slab directly underneath. (See Section 230.72.) Helipad or Helistop. A heliport without auxiliary facilities such as waiting room, helicopter parking, fueling and maintenance equipment. Heliport. An area, either at ground level or elevated on a structure, that is used or intended to be used for the takeoff and landing of helicopters, and includes some or all the various facilities useful to helicopter operations, including helicopter parking, waiting room, fueling and maintenance equipment. Home Occupation. Business activity conducted in a dwelling unit in a residential district that is incidental to the principal residential use of a lot or site. Hotel Owner/Operator. The entity that owns and operates a hotel. If the hotel operator is separate from the hotel owner both are jointly and severally responsible for ensuring compliance with the requirements described in this LCP and/or recorded against the property, as well as jointly and severally liable for violations of said requirements and restrictions. Household. All the people occupying a dwelling unit, and includes people who live in different units governed by the same operator. Illumination, Direct. Illumination by means of light that travels directly from its source to the viewer's eye. Illumination, ludirect. Illumination by means only oflight cast upon an opaque surface from a concealed source. Incentives. Policies, programs or actions taken by the City designed to ensure that a development will be produced at a lower cost. Integral Facilities. Any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company, or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be 24-14077/33]871 8 85 ORDINANCE NO. 4307 considered one facility for purposes of applying Federal, State, and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility. Integral Uses. Any two or more residential care programs commonly administered by the same owner, operator, management company, or licensee, or any affiliate of any of them, in a manner in which paiiicipants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such integral use shall be considered one use for purposes of applying Federal, State, and local laws to its operation. Junk Yard. The use of a lot, or contiguous lots, or any portion thereof for the storage of junk, including scrap metal, or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. Kennel. Any premises where four or more dogs or cats at least four months of age are kept or maintained for any purpose except veterinary clinics and hospitals. For purposes of this section, a detached single-family residence with a maximum of four dogs shall not be considered a kennel when at least one of the dogs is a specially-trained guide dog, signal dog or service dog, as defined in Penal Code Section 365.5, and complies with Section 7.12.160 of the Huntington Beach Municipal Code. Kitchen or Efficiency Kitchen. Any room or part of a room which is designed, built, used, or intended to be used for food preparation and dishwashing which includes a minimum of one permanent cooking burner; but not including a bar, or similar room adjacent to or connected with a kitchen. Landscaping. An area devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials. The area may include incidental features such as permeably pathways, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements. Plants on rooftops, porches or in boxes attached to buildings are not considered landscaping. Landscaping, Interior. A landscaped area or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas). 24-14077/331871 9 86 ORDINANCE NO. 4307 Lot, Through. A lot having frontage on two dedicated parallel or approximately parallel streets. Lot Width. The mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at midpoints 20 feet from the front lot line and 20 feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line. front Lot Linc • \' Lot Width~ (x + y) I 2 Lower Income Household. A household whose annual income is at or below 80% of Orange County median income as defined by the State of California Depaiiment of Housing and Community Development. Manufactured Home. A structure transportable in sections which is a minimum of eight feet in width and 40 feet in length, built on a permanent chassis, and designed to be a dwelling with or without a permanent foundation. Manufactured home includes mobile home. Mezzanine. An intermediate floor within a room containing not more than 33% of the floor area of the room and is secured with a railing, pony/short wall, or full height wall (for non-residential uses only). Floor Below 24-14077/331871 12 Mcunninc: maxitHum :n percent of floor area below. 87 ORDINANCE NO. 4307 Mezzanine Moderate Income Household. A household whose annual income is at or below 120% of Orange County median income as defined by the State of California Department of Housing and Community Development. Municipal Code. The Municipal Code of the City of Huntington Beach. Negative Declaration. A written statement briefly describing the reasons that a proposed project will not have a significant impact on the environment which meets the requirements of the California Environmental Quality Act. Neighborhood Notification. Notification process pursuant to Chapter 241 when no entitlements are required and the use requires such notification as stated in the Zoning and Subdivision Ordinance. Net Site Area. See Area, Net Lot. New Well. A new well bore or well hole established at the ground surface. Redrilling from the well bore or well hole of an existing well greater than 150 feet from the existing well bore shall constitute a new well. Nonconforming Structure. A structure that was lawfully erected but which does not conform with the cun-ent development standards. Nonconforming Use. A use of a structure or land that was lawfully established and maintained, but which does not conform with the current zoning ordinance. Off-Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas. Off-Street Parking Facilities. A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas. Oil Operation. The use or maintenance of any installation, facility, or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions: drilling, rework, repair, redrilling, production, processing, extraction, assisted recovery, stimulation storage or shipping of oil, gas or hydrocarbons from the subsurface of the earth. Oil Operation Site. The physical location where an oil operation is conducted. Open Space, Common. A usable open space within a residential development reserved for the exclusive use of residents of the development and their guests. Open Space, Private. A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. 24-14077 /331871 13 88 ORDINANCE NO. 4307 Open Space, Total. The sum of private and common open space. Open Space, Usable. Outdoor or unenclosed area on the ground, or on a balcony, deck, porch or tenace designed and accessible for outdoor living, recreation, pedestrian access or landscaping. Usable open space does not include parking facilities, driveways, utility or service areas, any required front or street side yard, any space with a dimension ofless than six feet in any direction or an area of less than 60 square feet. mtn nun ► lO ll. ◄ ► JO Ii. ◄ Palin Privah'.' Open Space Usable Open Space Operator. A company, business, or individual who provides residential services, (i.e., the placement of individuals in a residence), setting of house rules, and governing behavior of the occupants as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management, and leasing of the property and that does not otherwise meet the definition of operator. Oversize Vehicle. Any vehicle which exceeds 25 feet in length, seven in width, seven in height, or a weight of l 0,000 pounds, motorized or non-motorized. Oversize vehicle also includes any equipment or machinery regardless of size. Parking Structure. A structure consisting of two or more levels used for parking of vehicles where parking spaces, turning radius, transition ramps, and drive aisles are incorporated within the structure, including automated parking structures. A surface level parking lot with a solid roof above is not considered a parking structure unless there is access for automobiles and parking stalls on the roof. Parking, Subterranean. A parking area that is wholly or partially recessed into the development site, and which may or may not support additional structures above ( e.g., dwelling units or parking structures). 24-14077/331871 14 89 ORDINANCE NO. 4307 Parking, Tandem. An off-street parking facility which includes parking stalls where one is arranged in front of the other or stacked utilizing mechanical lifts. Patio Cover. A strncture attached or detached that is open on two sides and has a roof. Permitted Use. A use of land that does not require approval of a conditional use permit or temporary use permit. Planned Unit Development (PUD). A large scale development of a parcel or of a combination of related parcels to be developed by a single owner or group of owners acting jointly, involving a related group of uses, planned as an entity and having a predominant developmental feature which serves to unify or organize development. Porch. An open or covered platfmm, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. Private Property. Property owned in fee by an individual, corporation, pminership, or a group of individuals as opposed to public property. Project. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this zoning ordinance. Public Property. Property dedicated through acquisition or easement for public use which includes, but is not limited to, streets, alleys, parks, public rights-of-way, and sidewalks. Remodel. The upgrade of the interior or exterior faces of a building or structure without altering to any degree the structural integrity. Residential Privacy Design Standards. Residential privacy design standards shall apply to: I. A lot contiguous to one or more existing single-family residential units, excluding parcels separated by streets or alleys; or 2. A vacant parcel intended for new single-family development; or 3. The creation of new floor area above the first floor ofan existing single story single- family residence; or 4. Increasing the number of windows above the first floor of an existing single-family residence; or 5. Moving the location of existing windows above the first floor of an existing single- family residence. 24-14077 /33 1871 l 5 90 ORDINANCE NO. 4307 Resource Protection Area. Within the coastal zone, any area that consists of any of the following: wetlands, environmentally sensitive habitat areas, buffer areas ( as these terms are defined in the Glossary of the City's certified Land Use Plan), and/or land that is zoned Coastal Conservation. Room, Habitable. A room meeting the requirements of the Unifmm Building Code for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar spaces. Senior Housing. Housing for a family in which at least one person per unit is 60 years old or older, or for a single person who is 60 years old or older. Setback Line. A line across the front, side, rear of any private or public property which delineates an area adjoining a property line in which erection of a building, fence, or other structure is prohibited except as otherwise provided in the zoning ordinance. All setbacks along streets and alleys shall be measured from the ultimate right-of-way. Significant Disruption. Having a substantial adverse effect upon the functional capacity. Single Housekeeping Unit. The occupants of a dwelling unit that have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, and expenses and responsibilities. Membership in the single housekeeping unit is fairly stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a non- profit basis. There is a rebuttal presumption that integral facilities are not single housekeeping units. Evidence that a household is not operating as a single housekeeping unit include, but are not limited to: the occupants do not share a lease agreement or ownership of the property, members of the household have separate, private entrances from other members; members of the household have locks on their bedroom doors; members of the household have separate food storage facilities, such as separate refrigerators. Single Ownership. Holding record title, possession under a contract to purchase, or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control. Site. A lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or City limit, that is proposed for development in accord with the provisions of this ordinance, and is in a single ownership or has multiple owners, all of whom join in an application for development. Specific Event. A short-term temporary use of public prope1iy as defined in Section 13.54.010. Specific Plan. A plan for a defined geographic area that is consistent with the General Plan. Stock Cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation 24-14077/331871 16 91 ORDINANCE NO. 4307 receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. Story. That portion of a building included between the surface of any floor and the surface of the floor or finished undersurface of the roof directly above it. Street. A public or an approved private thoroughfare or road easement which affords the principle means of access to abutting property, not including an alley. Structure. Anything constructed or erected that requires a location on the ground, excluding patios, walks, access drives, or similar paved areas. Structure, Accessory. A structure that is appropriate, subordinate and customarily incidental to the main structure of the site and which is located on the same site as the main structure, including swimming pools, garages, gazebos and patio covers or similar structures. Structure, Minor Accessory. An accessory structure that does not exceed 120 square feet in floor area and a height of IO feet, including storage sheds, pet shelters, playhouses, pagodas, gazebos, and decorative elements or similar structures. Supportive Housing. Housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents to retain the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. On-site and off-site services may include, but are not limited to, after- school tutoring, child care, and career counseling. Takeoff and Landing Area. That area of the helicopter facility where the helicopter actually lands and takes off. Target Population. Persons with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act (Division 4.5 commencing with Section 4500 of the Welfare and Institutions Code) and may include, among other populations, adults, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transmission Line. An electric power line bringing power to a receiving or distribution substation. 24-14077/33 l 871 17 92 __ j ORDINANCE NO. 4307 Ultimate Right-of-Way. The adopted maximum width for any street, alley, or thoroughfare, as established by the General Plan, by a precise plan of street, alley, or private street alignment; by a recorded map; or by a standard plan of the Department of Public Works. Such thoroughfare shall include any adjacent public easement used as a walkway and/or utility easement. Use, Accessory. A use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use. Value. The monetary w01ih of a structure determined by the valuation figures used by the Director for the purpose of calculating building permit fees. Vehicle Storage. The business of storing or safekeeping of operative and inoperative vehicles for periods of time greater than a 24-hour period. Very Low Income Household. A household whose annual income is at or below 50% of Orange County median income as defined by the State of California Department of Housing and Community Development. Wetbar. A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a garbage disposal at a location other than a kitchen or laundry and may include a small counter area and space for a mini or beverage refrigerator. A wetbar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wetbar is located in a room or a p01iion ofa room with a stove, hot plate, range, oven or other type of kitchen facility, it shall be deemed a separate kitchen. Wetland. Lands within the coastal zone which may be covered periodically or permanently with shallow water and include salt water marshes, fresh water marshes, open or closed brackish water marshes, swan1ps, mudflats, and fens. Yard, Front. An area between the front lot line and the front setback line extending across the full width of a site. The front yard of a corner lot shall adjoin the shortest street property line along its entire length. Where one street property line is at least 75% of the length of the other street property line, the Director shall determine the location of the front yard. Yard, Rear. An area between the rear lot line and the rear setback line extending across the full width of a site. On a corner lot the rear yard shall extend only to the side yard abutting the street. 24-14077/331871 18 93 ORDINANCE NO. 4307 Yard, Side. An area between the rear setback line and the front setback line and between the side property line and side setback line. The side yard on the street side of a corner lot shall extend to the rear lot line. ' CORNER LOT EXAMPLES INTEl<IOR LOT EXAMPlES ODD· SHAPED LOT EXAMPLES FRONT YAAD LEGEND __ -, SIJIIDNG [ZOO'.$.'{;) E.N\fE. 1,. _ .,.. _ (T\';()-OlMtNSIONAl}- l01 UN($ Zoning Ordinance. The Zoning Ordinance of the City of Huntington Beach. SECTION 2. This ordinance shall become effective immediately 30 days after its adoption. 24-14077/331871 19 94 ORDINANCE NO . 4307 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of ______ , 2024. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 24-14077 /331871 20 95 Chapter 203 203.06 Definitions LEGISLATIVE DRAFT HBZC CHAPTER 203 Abutting/Adiacent. Having district boundaries or lot lines or combinations thereof in common. Access, Lateral. Public access along the coast. Access, Vertical. Public access from the nearest public roadway to the shoreline. Alley. A public or private way having an ultimate width of not less than 20 feet permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. Alter. To make a change in the exterior appearance or the supporting members of a sh·ucture, such as bearing walls, columns, beams, or girders that will prolong the life of the structure. Amendment. A change in the wording, context or substance of this ordinance, or a change in the district boundaries on the zoning map. Animal, Exotie. Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display. Animal, Large. An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in co1Tals or stables. Animal, Small. An animal no larger than the largest breed of dogs. This term includes fi sh, birds, and mammals customarily kept in kennels. Antenna. Any structure, including but not limited to a monopole, tmNer, parabolic and/or disk shaped device in single or multiple combinations of either solid or mesh constrnction, intended for the pmposes of receiving or transmitting communications to or from another antenna, device or orbiting satellite, as 1.vell as all suppo1ting equipment necessary to install or mount the antenna. A device used to transmit and/or receive radio or electromagnetic waves between earth and/or satellite-based systems. such as reflecting discs. panels. microwave dishes. whip antennas. antennas. arrays. or other similar devices. Antenna, Amateur Radio. An antenna array and its associated support structure, such as a mast or tower that is used for the purpose ofh·ansmitting and receiving radio signals in conjunction with an amateur station licensed by the Federal Communications Commission. Antenna, Communieation. All types of receiving and transmitting antenna, except satellite dish antenna, including but not limited to cable television antenna, wireless communication antenna, 96 FM digital eommunieation antenna, mierowave telephone eommunieation antenna, amateur radio antenna, and short wave eommunieation antenna and other similar antenna. Antenna Height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. Antenna, Satellite Dish. An antenna for the purpose of reeeiving or transmitting eommunieations to or from an orbiting satellite. Antenna Whip. An antenna and its support struetme eensisting of a single, slender, rod like element whieh is supported only at or near its base. Approach-Departure Path. The flight track of the helicopter as it approaches or depaiis from a designated takeoff and landing area, including a heliport, helipad, or helistop. Architectural Projections OF AppuFtenanees. Features on a building which provide visual variation and/or relief but do not serve as interior or exterior living or working space. Area, Net Lot. The total horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress. All setbacks. lot coverage and other development requirements shall be taken from the net lot area. Street Area to be dedicated -1-··P------~i-----"'lr------ 250' .57 .53 gross acre net acre 100' Lot Area l l .. '230' Arterial. Any street, highway or road designated as an arterial street in the General Plan. Assisted Living Facility. Establishments licensed by the State of California providing care on a 24-hour basis for persons requiring personalized supportive services and health related care, but 97 excluding facilities providing surgical or emergency medical services. This includes State licensed establishments that provide a continuum of care for residents ranging from assistance with daily activities to memory care. Attached Structures. Two or more structures sharing a common wall or solid or lattice roof and connected by a minimum of 50% of the shortest building width. Balcony. A platform that projects from the wall of a building, without support posts. typically above the first level, and is surrounded by a rail balustrade or parapet. Basement. A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be considered as a story if the vertical distance from the average adjoining grade to the ceiling is over four feet. Finished rade L - - - - I I I Roof Second Story First Story Basement If this ba,cmcnt ceiling is more than 4'11. from average adjoining finished .r .... s...______ grade, the b;l,ement is considered a slo ·. Basement Bay Window. A window that projects out from an exterior wall. The projection must he 18" above the ground or upper story floor in order to project into the required setback. See Section 230.68. Bedroom. The term bedroom includes any room used principally for sleeping purposes, an all- purpose room, a study, a den, a room having 100 square feet or more of floor area or less than 50% of one wall open to an adjacent room or hallway. Block.face. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right- of-way, unsubdivided land, watercourse, or City boundary. 98 ,~~~:, ~ "" "' "' " " " r1 I I I I I I II [l Blockface Boarding House. A residence or dwelling, other than a hotel or convalescent facility, where not more than five guest rooms are rented for more than 30 days under three or more separate written or oral rental agreements, leases, or subleases or combination thereof, whether or not the owner, agent, or rental manager resides within the residence and lodging and meals are provided for no more than 10 persons. Guest rooms numbering six or over shall be considered a hotel. Building. Any structure having a roof supp01ied by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. Caretaker's Quarters. A dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker. Carport. A permanent roofed accessory structure with not more than two enclosed sides intended for vehicle storage. Cart/Kiosk. Any portable, non-motorized unit used by a vendor as described in Section 230.94. City. The City of Huntington Beach. Clinic. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians, dentists, optometrists, psychologists, or social workers practicing togethera Coastal Zone. A geographic zone adjacent to the shoreline, the boundaries of which are determined by the California Coastal Act of 197 6, as amended. Collection Containers. Containers or buildings with a gross floor area of 500 square feet or less used for the deposit and storage of household articles or recyclables. See Section 230.44 Commission. The Huntington Beach Plauning Commission. 99 Community Apartment Project. A project in which an individual interest in land is coupled with the right exclusively to occupy an individual unit, as provided in Section 11004 of the California Business and Professions Code. Completely Rebuilt. Rebuilding the nonconforming structure or use as it had legally existed immediately prior to its destruction. See Section 236.04 Conditional Use. A use of land that, due to the specific nature and unique characteristics of the use, requires special standards and discretionary review. Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interior space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property. Conforming Building Structure. /\ building stucture that fully meets the requirements of Title 17 (Building Regulations) and also conforms to all property-development regulations and requirements prescribed for the district in which it is located. Convenience Market. A retail use in conjunction with gasoline sales in which the sales room exceeds 200 square feet. See Section 230.32 Court. An outdoor, unenelosed area intended to provide light, air, and privaey for individual dwelling ,mits in multifamily pro_jeets. Coverage, Lot or Site. The percentage of a lot or site covered by roofs, balconies, fireplaces, architectural projections, or overhangs extending more than two and one-half feet from a wall, decks more than 42 inches in height above grade, and stairs. This also includes the square footage of all building projections into yards containing habitable floor area. Deck. A platform, either free-standing or attached to a building, but without a roof, that is supported by pillars, posts, or walls (see also Balcony and Patio Cover}. Demolition. The deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or otherwise. Density Bonus. An increase in the proposed number of units of 25% or greater over the number permitted pursuant to the current zoning and General Plan designation on the property. Director. The Director of Community Development or designee. Disabled. As more specifically defined under the Fair Housing Laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impainnent, not including current, illegal use of a controlled substance. 100 Distribution Line. An electric power line bringing power from a distribution substation to consumers. District. A portion of the City within which the use ofland and structures and the location, height, and bulk of structures are governed by this ordinance. The zoning ordinance establishes "base zoning districts" for residential, commercial, industrial, public and open space uses, and "overlay districts," which modify base district provisions and standards. Drilling. The digging or boring of a new well into the earth for the purpose of exploring for, developing or producing oil, gas or other hydrocarbons, or for the purpose of injecting water, steam or any other substance into the earth. Dwelling, Accessory Unit. A fully equipped dwelling unit which is ancillary and subordinate to a principal dwelling unit located on the same lot in the RL zone. Also known as second dwelling unit or "granny unit." Dwelling, Multiple Unit. A building or buildings designed with two or more dwelling units. Dwelling, Single Unit. A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single- family dwellings shall be considered as multifamily. Dwelling, Studio Unit. A dwelling unit consisting of one kitchen, one bathroom, and one combination living room and sleeping room. The gross floor area shall not exceed 500 square feet, or it shall be considered as a one-bedroom unit. Also known as a single, a bachelor, or an efficiency unit. Dwelling Unit. One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas. Emergency Shelter. Housing with minimal suppmiive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Energy Facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other sources of energy. Environmental Impact Report (EIR). A rep01i complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines. Environmentally Sensitive (Habitat) Area. A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. 101 Exemption, Categorical. An exception from the requirements of the California Environmental Quality Act (CEQA) for a class of projects, which have been determined to not have a significant effect on the environment. Fair Housing Laws. The Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act, as each statute may be amended from time to time, and each statute's implementing regulations. Family. A single individual or two or more persons living together as a single housekeeping unit in a dwelling unit. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. Floor Area, Gross. The total enclosed area of all floors of a building measured to the outside face of the struetura-1 memllers in exterior walls, and including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading. Floor Area Ratio (FAR). Determined by dividing the gross floor area of all buildings on a lot by the area of that lot. FAR of l _o Floor Area Ratio (FAR) Frontage. The linear length of a building whieh eontains a publie entranee or a lot measured along the property line adjacent to a street or easement. Functional Capacity. The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity. 102 General Plan. The City of Huntington Beach General Plan. Grade, Existing. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this ordinance. Grade, Street. The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists. Height of Building. A vertical dimension measured from the top of the highest roof to the top of the subfloor/slab directly underneath. (See Section 230.72.) Helipad or Helistop. A heliport without auxiliary facilities such as waiting room, helicopter parking, fueling and maintenance equipment. Heliport. An area, either at ground level or elevated on a structure, that is used or intended to be used for the takeoff and landing of helicopters, and includes some or all the various facilities useful to helicopter operations, including helicopter parking, waiting room, fueling and maintenance equipment. Home Occupation. Business activity conducted in a dwelling unit in a residential district that is incidental to the principal residential use of a lot or site. Hotel Owner/Operator. The entity that owns and operates a hotel. If the hotel operator is separate from the hotel owner both are jointly and severally responsible for ensuring compliance with the requirements described in this LCP and/or recorded against the property, as well as jointly and severally liable for violations of said requirements and restrictions. Household. All the people occupying a dwelling unit, and includes people who live in different units governed by the same operator. Illumination, Direct. Illumination by means of light that travels directly from its source to the viewer's eye. Illumination, Indirect. Illumination by means only of light cast upon an opaque surface from a concealed source. Incentives. Policies, programs or actions taken by the City designed to ensure that a development will be produced at a lower cost. Integral Facilities. Any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company, or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying Federal, State, and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program 103 participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program pruiicipants in more than one licensed or unlicensed facility. Integral Uses. Any two or more residential care programs commonly administered by the same owner, operator, management company, or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such integral use shall be considered one use for purposes of applying Federal, State, and local laws to its operation. of this section, a detached single-family residence with a maximum of four dogs shall not be considered a kennel when at least one of the dogs is a specially-trained guide dog, signal dog or service dog, as defined in Penal Code Section 365.5, and complies with Section 7.12.160 of the Huntington Beach Municipal Code. Junk Yard. The use of a lot, or contiguous lots, or any portion thereof for the storage of junk, including scrap metal, or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery . Kennel. Any premises where four or more dogs or cats at least four months of age are kept or maintained for any purpose except ve terinary clinics and hospitals. For purposes except veterinary clinics and ho spitals. For purposes of this section, a detached single-family residence with a maximum of four dogs shall not be considered a kennel when at least one of the dogs is a specially- trained guide dog, signal dog or service dog, as defined in Pe na l Code Section 365.5 , and complies with Section 7.12 .160 of the Huntington Beach Municipal Code. Kiteheeette er Kitehee. Kitchen or Efficiency Kitchen. Any room or part of a room which is designed , built, used, or intended to be used for food preparation and dishwashing which includes a minimum of one permanent cooking burner; but not including a bar, or similar room adjacent to or connected with a kitchen. Landscaping. An ru·ea devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees , shrubs, and other plant materials. The ru·ea may include incidental features such as permeable pathways, decorative outdoor landscape elements, pools, fountains , water features, paved or decorated surfaces of rock, stone, brick, block, or similar material (excluding driveways, pru·king , loading, or storage areas), and sculptural elements. Plants on rooftops, porches or in boxes attached to buildings ru·e not considered landscaping. Landscaping, Interior. A landscaped ru·ea or areas within the shotiest circumferential line defining the perimeter or exterior boundary of the pru·king or loading area, or sirnilru· paved area, excluding driveways or walkways providing access to the facility (as applied to pru·king and loading facilities or to similar paved areas). Landscaping, Perimeter. A land scaped ru·ea adjoining the exterior boundru·y of a parking or loading area, or similru· paved area, excluding driveways or walkways which provide access to the facility. 104 emneter _ _;:m sc.ap Interior Landscape Landscaping: Perimeter Interior Limited Use Overnight Visitor Accommodations. Any hotel, motel, or other similar facility that provides overnight visitor accommodations wherein a purchaser receives the right in perpetuity, for life, or a term of years, to the recun-ent, exclusive use or occupancy of a lot, parcel, unit, room(s), or segment of the facility, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the facility has been divided and shall include, but not be limited to timeshare, condominium-hotel, fractional ownership hotel, or uses of a similar nature. Lodger. Any person other than a member of a family renting a room for living or sleeping purposes. Lot. Any numbered or lettered parcel shown on a recorded final map, record of survey pursuant to an approved division of land, or a parcel map and abuts a street, alley or recorded access easement. 105 _j l.__ ________ _ - 7 Rc\'ftst.--d Comet Lot STREET Interior Interior Interior Comer ~ Lot Lut lol - fu Lot rhrough · S ~~=~~~C~T.~1 ~--~ ~ Interior I 1-'fog lmerfnr li\tcri,i,)t Lot Comc:r ~ Lot Lot Lot Lot Lot Rc•n.·rs~d 0)m~r Lot STREET LOTTYPK~ Lot, Corner. A site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees. Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line. Lot, Flag. A lot with developable area connected to a street by a narrow strip ofland that includes a driveway. Lot or Property Line, Front. The street property line adjacent to the front yard. Lot or Property Line, Interior. A lot line not abutting a street. Lot or Property Line, Rear. A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line IO feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line. Lot or Property Line, Side. Any lot line that is not a front lot line or a rear lot line. Lot or Property Line, Street. A lot line abutting a street. Lot, Reverse Corner. A comer lot, the side line of which is substantially a continuation of the front lot line of the lot to its rear. Lot, Street-Alley. An interior lot having frontage on a street and an alley. Lot, Throngh. A lot having frontage on two dedicated parallel or approximately parallel streets. Lot Width. The mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at midpoints 20 feet from the front lot line and 20 feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line. 106 I◄. Front Lot Line •I◄ Front Lot Linc • X -0 ..J Lot Width= (x + y) / 2 Lot Width Lower Income Household. A household whose annual income is at or below 80% of Orange County median income as defined by the State of California Department of Housing and Community Development. Manufactured Home. A structure transportable in sections which is a minimum of eight feet in width and 40 feet in length, built on a permanent chassis, and designed to be a dwelling with or without a permanent foundation. Manufactured home includes mobile home. Mezzanine. An intermediate floor within a room containing not more than 33% of the floor area of the room and is secured with a railing. pony/short wall. or full height wall (for non- residential uses only). Floor Below Mezzanine Mc1.zm1inc: maximum 33 percent of Ooor area below. 107 Moderate Income Household. A household whose annual income is at or below 120% of Orange County median income as defined by the State of California Department of Housing and Community Development. Municipal Code. The Municipal Code of the City of Huntington Beach. Negative Declaration. A written statement briefly describing the reasons that a proposed project will not have a significant impact on the environment which meets the requirements of the California Environmental Quality Act. Neighborhood Notification. Notification process pursuant to Chapter 241 when no entitlements are required and the use requires such notification as stated in the Zoning and Subdivision Ordinance. Net Site Area. See Area, Net Lot. New Well. A new well bore or well hole established at the ground surface. Redrilling from the well bore or well hole of an existing well greater than 150 feet from the existing well bore shall constitute a new well. Nonconforming Structure. A structure that was lawfully erected but which does not conform with the current development standards. Nonconforming Use. A use of a structure or land that was lawfully established and maintained, but which does not conform with the current zoning ordinance. Off-Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas. Off-Street Parking Facilities. A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas. Oil Operation. The use or maintenance of any installation, facility, or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions: drilling, rework, repair, redrilling, production, processing, extraction, assisted recovery, stimulation storage or shipping of oil, gas or hydrocarbons from the subsurface of the earth. Oil Operation Site. The physical location where an oil operation is conducted. Open Space, Common. A usable open space within a residential development reserved for the exclusive use ofresidents of the development and their guests. Open Space, Private. A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Open Space, Total. The sum of private and common open space. 108 Open Space, Usable. Outdoor or unenclosed area on the ground, or on a balcony, deck, porch or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscaping. Usable open space does not include parking facilities, driveways, utility or service areas, any required front or street side yard, any space with a dimension of less than six feet in any direction or an area of less than 60 square feet. min min ► 10 ll. ,-► lOli. ◄ Patio {~onunon ()pen Spncc Usable Open Space Operator. A company, business, or individual who provides residential services, (i.e., the placement of individuals in a residence), setting of house rules, and governing behavior of the occupants as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management, and leasing of the property and that does not othe1wise meet the definition of operator. Oversize Vehicle. Any vehicle which exceeds 25 feet in length, seven in width, seven in height, or a weight of 10,000 pounds, motorized or non-motorized. Oversize vehicle also includes any equipment or machinery regardless of size. Parking Structure. A structure consisting of two or more levels used for parking of vehicles where parking spaces, turning radius, transition ramps, and drive aisles are incorporated within the structure, including automated parking structures. A surface level parking lot with a solid roof above is not considered a parking structure unless there is access for automobiles and parking stalls on the roof. Parking, Subterranean. A parking area that is wholly or partially recessed into the development site, and which may or may not support additional structures above ( e.g., dwelling units or parking structures). 109 Parking, Tandem. An off-street parking facility which includes parking stalls where one is arranged in front of the other or stacked utilizing mechanical lifts. Patio Cover. A paved eourt open to the sky. A structure attached or detached that is open on two sides and has a roof. Permitted Use. A use of land that does not require approval of a conditional use permit or temporary use pennit. Planned Unit Development (PUD). A large scale development of a parcel or of a combination of related parcels to be developed by a single owner or group of owners acting jointly, involving a related group of uses, planned as an entity and having a predominant developmental feature which serves to unify or organize development. Porch. An open or covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. Private Property. Property owned in fee by an individual, corporation, partnership, or a group of individuals as opposed to public property. Project. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this zoning ordinance. Public Property. Property dedicated through acquisition or easement for public use which includes, but is not limited to, streets, alleys, parks, public rights-of-way, and sidewalks. Qualifying SenioF Resident. A person vi-ho is 62 years of age or older. (Seetion 51.2 of the California Civil Code.) Remodel. The upgrade of the interior or exterior faces of a building or structure without altering to any degree the structural integrity. Residential Privacy Design Standards. Residential privacy design standards shall apply to: 1. A lot contiguous to one or more existing single-family residential units, excluding parcels separated by streets or alleys; or 2. A vacant parcel intended for new single-family development; or 3. The creation of new floor area above the first floor of an existing single story single-family residence; or 4. Increasing the number of windows above the first floor of an existing single-family residence; or 110 5. Moving the location of existing windows above the first floor of an existing single-family residence. Resource Protection Area. Within the coastal zone, any area that consists of any of the following: wetlands, environmentally sensitive habitat areas, buffer areas ( as these terms are defined in the Glossary of the City's certified Land Use Plan), and/or land that is zoned Coastal Conservation. Room, Habitable. A room meeting the requirements of the Uniform Building Code for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar spaces. Senior Housing. Housing for a family in which at least one person per unit is 60 years old or older, or for a single person who is 60 years old or older. Setback Line. A line across the front, side, rear of any private or public property which delineates an area adjoining a prope1ty line in which erection of a building, fence, or other structure is prohibited except as otherwise provided in the zoning ordinance. All setbacks along streets and alleys shall be measured from the ultimate right-of-way. Significant Disruption. Having a substantial adverse effect upon the functional capacity. Single Housekeeping Unit. The occupants of a dwelling unit that have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, and expenses and responsibilities. Membership in the single housekeeping unit is fairly stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a non- profit basis. There is a rebuttal presumption that integral facilities are not single housekeeping units. Evidence that a household is not operating as a single housekeeping unit include, but are not limited to: the occupants do not share a lease agreement or ownership of the property, members of the household have separate, private entrances from other members; members of the household have locks on their bedroom doors; members of the household have separate food storage facilities, such as separate refrigerators. Single Ownership. Holding record title, possession under a contract to purchase, or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control. Site. A lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or City limit, that is proposed for development in accord with the provisions of this ordinance, and is in a single ownership or has multiple owners, all of whom join in an application for development. Specific Event. A shmi-term temporary use of public property as defined in Section 5.68.010 Section 13.54.010. Specific Plan. A plan for a defined geographic area that is consistent with the General Plan. 111 Stock Cooperative. A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation. Story. That portion of a building included between the surface of any floor and the surface of the floor or finished undersurface of the roof directly above it. Street. A public or an approved private thoroughfare or road easement which affords the principle means of access to abutting property, not including an alley. Structure. Anything constructed or erected that requires a location on the ground, excluding patios, walks, access drives, or similar paved areas. Structure, Accessory. A structure that is appropriate, subordinate and customarily incidental to the main structure of the site and which is located on the same site as the main structure, including swimming pools, garages, gazebos and patio covers or similar structures. Structure, Minor Accessory. An accessory structure that does not exceed 120 square feet in floor area and a height of 10 feet, including storage sheds, pet shelters, playhouses, pagodas, gazebos, decorative elements or similar structures. Supportive Housing. Housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents to retain the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. On-site and off-site services may include, but are not limited to, after- school tutoring, child care, and career counseling. Takeoff and Landing Area. That area of the helicopter facility where the helicopter actually lands and takes off. Target Population. Persons with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act (Division 4.5 commencing with Section 4500 of the Welfare and Institutions Code) and may include, among other populations, adults, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transmission Line. An electric power line bringing power to a rece1vmg or distribution substation. 112 Ultimate Right-of-Way. The adopted maximum width for any street, alley, or thoroughfare, as established by the General Plan, by a precise plan of street, alley, or private street alignment; by a recorded map; or by a standard plan of the Department of Public Works. Such thoroughfare shall include any adjacent public easement used as a walkway and/or utility easement. Usable Satellite Signals. Satellite signals from all major eomrmm.ieation satellites that, when viev,ed on a eonventiona! television set, are at least equal in 13ieture quality to those reeeived from loeal eommereial television stations or by way of eable televisions. Use, Accessory. A use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use. Value. The monetary worth of a structure determined by the valuation figures used by the Director for the purpose of calculating building permit fees. Vehicle Storage. The business of storing or safekeeping of operative and inoperative vehicles for periods of time greater than a 24-hour period. Very Low Income Household. A household whose annual income is at or below 50% of Orange County median income as defined by the State of California Department of Housing and Community Development. Wetbar. A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a garbage disposal at a location other than a kitchen or laundry and may include a small counter area and space for a mini or beverage refrigerator. A wetbar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wetbar is located in a room or a portion of a room with a stove, hot plate, range, oven or other type of kitchen facility, it shall be deemed a separate kitchen. Wetland. Lands within the coastal zone which may be covered periodically or permanently with shallow water and include salt water marshes, fresh water marshes, open or closed brackish water marshes, swamps, mudflats, and fens. Viinllow, ReEJ:uiFell. An eicterior 013euing in a habitable room meeting the area requirements of the Uniform Building Code. Yard. An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this ordinance, including a front yard, side yard, or rear yard. Yard, Front. An area between the front lot line and the front setback line extending across the full width of a site. The front yard of a comer lot shall adjoin the shortest street property line along its entire length. Where one street property line is at least 75% of the length of the other street property line, the Director shall detennine the location of the front yard. 113 Yard, Rear. An area between the rear lot line and the rear setback line extending across the full width of a site. On a comer lot the rear yard shall extend only to the side yard abutting the street. Yard, Side. An area between the rear setback line and the front setback line and between the side property line and side setback line. The side yard on the street side of a corner lot shall extend to the rear lot line. I CORNER LOT EXAMPLES INTERIOR LOT EXAMPLES ODD -SHAPED LOT EXAMPLES ~-----"---- I :;; StREU fRONT YARD LEGEND ---1 BU!IDNG ~) ENVt ,l, _ _ _ {lWO OIMENS!ONJJ..} t.OfUNES 114 ORDINANCE NO. 4308 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 RESIDENTIAL DISTRICTS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 23-002) 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. 23-002, which amends Chapter 210 of the Huntington Beach Zoning and Subdivision 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 does hereby ordain as follows: SECTION 1. That Chapter 210.04 of the Huntington Beach Zoning Code 1s hereby amended to read as follows: 210.04 RL, RM, RMH, RH, and RMP Districts -Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "Pill" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. "Neighborhood Notification" refers to use classifications that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere 24-14077 /207726 115 ORDINANCE NO. 4308 in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. SECTION 2. That Chapter 210.06 of the Huntington Beach Zoning Code 1s hereby amended to read as follows: 210.06 RL, RM, RMH, RH, and RMP Districts-Property Development Standards A. The following schedule prescribes development standards for residential zoning districts and subdistricts designated on the zoning map. The columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Provisions" column refer to "Additional Development Standards" following the schedule. B. In calculating the number of units permitted on the site, density is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number except that one dwelling unit may be allowed on a legally created lot complying with minimum lot area. All required setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions. C. Any new parcel created pursuant to Title 25, Subdivisions, shall comply with the minimum building site requirements of the district in which the parcel is located unless approved as a part of a planned unit development. Property Development Standards for Residential Districts RMH-A Additional RL RM Subdistrict RMH RH RMP Provisions Min. Building Site 6,000 6,000 2,500 6,000 6,000 10 ac. (A)(B)(C) Width (ft.) 60 60 25 60 60 N/A Cul-de-sac frontage 45 45 -45 45 N/A Min. Setbacks (D)(Q) Front (ft.) 15 15 12 10 10 10 (E)(F) Side (ft.) 3; 5 3;5 3; 5 3; 5 3;5 -(G)(l)(J) Street Side (ft.) 6; 10 6;10 5 6; 10 6; 10 10 (H) Rear (ft.) 10 10 7.5 10 10 -( l)(J) Accessory Structure (T) Garage (K) Projections into Setbacks (L)(Q) 24-14077/331911 2 116 ORDINANCE NO. 4308 RMH-A Additional RL RM Subdistrict RMH RH RMP Provisions Max. Height (ft.) Dwellings 35 35 35 35 35 20 (M) Accessory Structures 15 15 15 15 15 15 (M)(Q) Max. Floor Area Ratio --1.0 --- (FAR) Min. Lot Area per 6,000 2,904 * 1,742 1,244 . Dwelling Unit (sq. ft.) Max. Lot Coverage (%) 50 50 50 50 50 75 (U) Min. Floor Area (N) Min. Usable Open Space (0) Accessibility within (P) Dwellings Waterfront Lots (Q) Landscaping See Ch. 232 (R) Fences and Walls See Section 230.88 Lighting (S) Residential Privacy Design (V) Standards Relocating Structures See HBMC Ch. (W) 17.28 Underground Utilities See Ch. 17.64 Screening of Mechanical See Section 230. 76 Equipment Refuse Storage Areas See Section 230.78 Antenna See Section 230.80 Performance Standards See Section 230.82 Off-Street Parking and See Ch. 231 & Section 210.12 Loading 24-14077/331911 3 117 ORDINANCE NO. 4308 RMH-A RL RM Subdistrict RMH RH Signs See Ch. 233 Nonconforming See Ch. 236 Structures Accessory Structures See Section 230.08 Notes * Lots 50 feet or less in width = 1 unit per 25 feet of frontage Lots greater than 50 feet in width= 1 unit per 1,900 square feet NI A = Not applicable RMP RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (A) See Section 230.62, Building Site Required and Section 230.64, Development on Substandard Lots. (B) See Section 230.66, Development on Lots Divided by District Boundaries. Additional Provisions (C) The minimum lot area shall be 12,000 square feet for general day care, general residential care, and public or private schools, except minimum lot area for general day care in the RL district shall be one gross acre. (D) Building Separation. The minimum spacing between buildings including manufactured home units shall be 10 feet. Patio Cover Separation. The minimum separation between a detached solid patio cover post/wall and a building on the same lot is six feet. The minimum separation between a detached open lattice/trellis patio cover on a pe1manent foundation and a building may be less than six feet. The minimum separation from eave to eave shall be one foot subject to building code requirements. (E) Variable Front Setback for Multifamily Projects. Projects with more than four units in the RM District, more than eight units in the RMI-I District, or more than 14 units in the RH District shall provide a minimum setback of 15 feet from any public right-of-way. Minimum 5•0% of the garages shall be set back 20 feet from the front property line. (See Section 210.12B.) (F) Upper-Story Setbacks for Multifamily Structures. The covered portion of all stories above the second story in any multi-family structure shall be set back an average of 10 feet from the second floor front facade (see Exhibit). 24-14077/331911 4 118 Upper Story Setback (G) Interior Side Setback. ORDINANCE NO. 4308 • _ avora,ge 10· setback (I) In the RL, RM, RMH, including RMH-A subdistrict, and RH Districts, interior side Setbacks shall be minimum I 0% of lot width, but not less than three feet and need not exceed five feet, except as stated below. (2) For projects in the RM, RMH, including RMH-A subdistrict, and RH Districts adjoining an RL District, interior side setbacks shall be at least: (a) IO feet for units in single-story or two-story buildings. (b) 14 feet for units above two stories. Subject to approval of a conditional use permit, the Zoning Administrator or the Planning commission, may approve upper-story setbacks in lieu of an increased side setback if the second and third stories are set back the required distance. (H) Street Side Setbacks. (I) In the RL, RM, RMH (excluding RMH-A subdistrict), and RH districts, the street side yard shall be 20% of the lot width, minimum six feet and need not exceed IO feet. (2) In the RMH-A subdistrict, street side setback shall be minimum five feet. (3) For projects with IO or more multi-family units (including RMH-A subdistrict), the street side setback shall be the same as the front setback. (1) Building Walls Exceeding 25 Feet in Height. The required interior side or rear setback adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, and located on a lot 45 feet wide or greater, shall be increased three feet over the basic requirement. 24-14077/331911 5 119 ORDINANCE NO. 4308 (J) Zero Side or Rear Setback. (1) A zero interior side setback may be permitted provided that the opposite side setback on the same lot is minimum 20% of the lot width, not less than five feet, and need not exceed 10 feet, and shall be subject to the requirements listed in paragraph (3) of this subsection. (2) A zero rear setback may be permitted provided that the opposite rear setback for the Adjacent lot is either zero or a minimum of 10 feet, and subject to the requirements listed in paragraph (3) of this section. (3) A zero side or rear setback may be permitted subject to the following requirements: (a) The lot adjacent to the zero side or rear setback shall either be held under the same ownership at the time of application or a deed restriction or agreement approved as to form by the City Attorney shall be recorded giving written consent of the adjaeent property owner. (b) A maintenance easement, approved as to form by the City Attorney, shall be recorded between the property owner and the owner of the adjacent lot to which access is required in order to maintain and repair a zero lot line structure. Such easement shall be an irrevocable covenant running with the land. No building permits shall be issued until such recorded maintenance easement has been submitted. ( c) Separation between the proposed structure and any structure on an adjacent lot shall either be zero or a minimum of five feet. (d) No portion of the dwelling or any architectural features shall project over the property line. (e) The zero setback shall not be adjacent to a public or private right-of-way. (f) Exposure protection between structures shall be provided as specified by the Fire Department and Building Division. (4) Double zero side setbacks may be permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 21 0. l 2(B). (K) Garage Setbacks. (I) Setbacks for the main dwelling shall apply, except as specifically stated below: (a) Front entry garage: 20 feet. (b) Side entry garage: 10 feet. ( c) Garage with alley access: 5 feet. (2) For garages with rear vehicular access from an alley and located on a lot 27 feet wide or less, the side setback adjacent to a street or another alley may be reduced to three feet. 24-14077/331911 6 120 ORDINANCE NO. 4308 (3) A minimum 25-foot turning radius is required from the garage to the opposite side of the street, alley, drive aisle or driveway. ··-··-··-.. -··-"-"I -------i i l ATTACHED FRONT ENTRY GARAGE ,.j,----<Property line -------1 Minimum 20' from -.,=,,=,,,,.,,,,,.,,,"1=,,,..,,,,,,.,,,,,.,,,i,--,L-garage to property line ~~~-'--'-c'-..._ ....... ~~ ...... !:--Sidewalk 1··-··-.. -.. -··-.. -.. -.. _,,_ .. , ATTACHED SIDE ENTRY GARAGE ..,_ ____ --t rpertyLine Minimum 10' from ~~--..-,,........-.. ___ ~.....,_...,__garage to property line l,'~fi~·n..,2"5~' -4..._ ....... _.__._ ...... _._.,_....:..'!:--... Sidewalk Radius • Allev r .. _ .. _ .. _ ... ! , ! ! ! i ,. ,..,,,.,.,.,-_ Property line - -Minimum 2Y from g arage to property line on the other side of the exi,ting alley m.imum 5' from ,._,._.,_,._,., ::r:: . ' M -~ gar age to property line < ! . Property line ! GARA ! GE \vTIHL'ITRY FROM REAR ALLEY ! +--Sidewalk ......... ~-~....._St~ree-t ~~~~- (L) Pro,jections into Setbacks. (I) See Section 230.68, Building Projections into Yards. (2) Balconies and bay windows may project into required setbacks and usable open spaee areas subject to Section 230.68, provided that balconies have open railings, glass, or architectural details with openings to reduce visible bulk. Balconies composed solely of solid enclosures are not allowed to project into required setbacks. 24-14077/331911 7 121 ORDINANCE NO. 4308 (M) Height Requirements. See Section 230.70, Measurement of Height, and Section 230.72, Exceptions to Height Limits. (1) Single-family dwellings in all residential districts, except lots in the RMH-A subdistrict with less than 50 feet of frontage shall comply with the following standards: (a) Second story top plate height shall not exceed 25 feet measured from the top of the subfloor/slab directly below. (b) Roofs shall have a minimum 5/12 piteh if building height exceeds 30 feet. (c) Maximum building height for main dwellings shall be 35 feet; however, main dwellings exceeding 30 feet in height shall require approval of a conditional use permit by the Zoning Administrator. ( d) Habitable area, which includes rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions: I. Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are set back five feet from the building exterior and do not exceed the height limits as stated above. 2. Windows and deck areas above the second story plate line shall orient toward public rights- of-way only. 24,14077/331911 Habitable Areas are: • confined within tl1e roof volume • accessed from within the main dwelling • subject to conditi<mal use permit a1111roval D<>1'rt1crs, decks and other architectural featm·es must be setback 5' from lmilding c,xl for HABITABLE AREA ABOVt: SECOND STORY TOP.PLATE LINE FOR SINGLE FAl\>HLY D\VELLINGS IN ALL RESIDENTIAL DISTRICTS EXCEPT RMH,A SUBDISTJUCT 8 122 ORDINANCE NO. 4308 e) Access to any habitable area above the second story top plate line shall be provided within the main dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. Two vertical cross-sections through the property (front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within five feet of the property line shall be submitted in order to determine compliance with this subsection. (2) Single-family dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage shall comply with the following standards: (a) Second story top plate height shall not exceed 25 feet measured from the top of the subfloor/slab directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds 30 feet. ( c) In the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Otherwise, maximum building height shall be 35 feet. Front Propc11y Linc Street I I I I I I I i ! I ': "' I 25' . 25' .... 25'maximum height in U1c front and rem· 25' of the lot ' ' f\. I r I .... I 3.'5' maxirnun i height at lop ! of roof 2Y I I I -. ! ' '! Rc.w ' ,, Property 25' I Lmc Maximum Building Height for Single-Family Dwellings on Lots Less Than 50 Feet Wide in RMH-A Subdistrict ( d) Access to any habitable area above the second story top plate line shall be provided within the main dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. Two vertical cross-sections through the property (front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both 24-14077/331911 9 123 ORDINANCE NO. 4308 existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (3) Accessory Structures. See Section 230.08, Accessory Structures. Accessory structures located on projecting decks abutting a waterway shall comply with the height established in subsection (R). (4) Recreation Buildings. The maximum height ofa recreation building for multi-family, planned residential, and mobile home park projects shall be established by the conditional use permit. (N) Minimum Floor Area. Each dwelling unit in a multifamily building and attached single- family dwellings shall have the following minimum floor area. Unit Type Minimum Area (Sq. Ft.) Studio 500 One bedroom 650 Two bedrooms 900 Three bedrooms 1,100 Four bedrooms 1,300 All detached single-family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width. (0) Open Space Requirements. (I) The minimum open space area (private and common) for multi-family residential projects in RM, RMB, including RMB-A subdistrict, and RH Districts shall be 25% of the residential floor area per unit (excluding garages). (2) Private Open Space. (a) Private open space shall be provided in comis or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and six feet for balconies. A minimum patio area of 70 square feet shall be provided within the court. (b) The following minimum area shall be provided: 24-14077/331911 10 124 ORDINANCE NO. 4308 Minimum Area (Sq. Ft.) Units Above Unit Type Ground Floor Units Ground Floor Studio/1 bedroom 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 42 inches in height. ( d) A maximum of 50% of the private open space requirement, may be on open decks above the second story subject to approval of a conditional use permit by the Zoning Administrator, provided that no portion of such deck exceeds the height limit. ( e) Patio and balcony enclosures within existing planned developments or apartment complexes shall be subject to the following conditions: 1. A maximum of one enclosure per unit shall be allowed. 2. The existing balcony or patio area shall not be enlarged. 3. The balcony or patio enclosure shall comply with the current setback and height requirements for the district in which the site is located. 4. The enclosure shall consist entirely of transparent materials, i.e., no solid walls or opaque walls, except an existing solid roof may be part of the enclosure. 5. No structural change shall occur to the interface wall and doorway between the enclosure and the adjacent inside room of the building, unless the balcony/patio is replaced with equivalent unenclosed area for use as private open space. 6. The enclosed area shall be considered as private open space and may be counted toward current private open space requirements. 7. Required egress for fire escape routes shall be maintained. (3) Common Open Space. (a) Common open space, provided by interior side yards, patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways, parking areas, or area required for front or street side yards. (b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool, tennis court, volleyball court, outdoor cooking facility, or other recreation facility. 24-14077/331911 11 125 ORDINANCE NO. 4308 ( 4) The Director may allow a reduction in the open space requirement to I 0% of the livable area per unit for projects with less than IO units and located within walking distance of 1,000 feet of a public park or beach. (P) All habitable rooms in a dwelling unit must be accessible from within the dwelling. (Q) Waterfront Lots. Projecting decks, windscreens, fencing, patio covers and solariums on waterfront lots may be permitted subject to the development standards set forth in this chapter, Chapter 245, Chapter 17.24, and the following requirements: (I) Projecting Decks. Decks on waterfront lots may project five feet beyond the bulkhead provided the decks comply with the side setbacks required for the main dwelling. (2) Windscreens. Windscreens may be permitted if constructed of light-weight materials such as plastic, canvas, fiberglass, tempered glass or metal, except for necessary bracing and framing. The maximum height for windscreens shall be seven feet above the finished surface of the deck at the bulkhead line. (3) Fencing. All portions of fencing within the required rear setback area shall comply with Section 230.88 and the visibility provisions below. (4) Solariums. Solariums (patio enclosures) may project a maximum of 30 inches over the bulkhead. In all cases, the solarium shall maintain a 45 degree visibility angle as measured from the main dwelling building line extended to the side property line. The maximum height shall not exceed the top of the first floor ceiling joist. (5) Patio Covers. Patio covers (including eaves) may be permitted to project five feet into the rear yard setback; however, construction materials shall allow compliance with visibility provisions below. (6) Visibility. The portion of any windscreen, fence or patio cover in the rear yard setback or solarium above 36 inches in height shall be composed of materials and design which allow a minimum of 85% transmission of light and visibility through the structure in each direction when viewed from any angle. (7) Removal. Decks, solariums and windscreens projecting over waterways which do not comply with the above provisions may be removed by the City upon 30 days' written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. 24-14077/331911 12 126 ORDINANCE NO. 4308 Bulkhead 21/2'M3X. "~ -~,--_--•_ .. -,.,..-_.-.·t·• J!:, -:· . . _· . . . . . . . . ,' . . .. . s· house Property line Waterfront Lot Projections (R) Landscaping. s· I min. I (1) A minimum 40% of the front yard shall be landscaped. For single-family residences in the RMH-A subdistrict, a minimum three-foot wide landscape planter along the front prope1ty line (excluding maximum five-foot-wide walkway) may be provided in lieu of the 40% requirement. A maximum 18-inch high planter wall may be constructed along the front property line. (2) All required trees specified in Chapter 232 shall be provided. (3) All subdivisions shall provide a minimum five-foot-wide landscaped area along arterial street/highway prope1ty lines. The actual required width shall be determined during the planning process. Maintenance of said landscaped area shall be by a homeowners association, property owner or other method approved by the City ofl-Iuntington Beach. (S) Lighting. A lighting system shall be provided in all multi-family projects along all vehicular accessways and major walkways. Lighting shall be directed onto the driveways and walkways within the development and away from adjacent prope1ties. A lighting plan shall be submitted for approval by the Director. (T) See Section 230.08, Accessory Structures. (U) Solid patio covers open on at least two sides may be permitted an additional five percent site coverage. Open lattice patio covers are exempted from site coverage standards. (V) Properties subject to residential privacy design standards shall: ( 1) Off-set bedroom and bathroom windows above the first floor from bedroom and bathroom windows above the first floor on existing adjacent single-family residences. 24-14077/331911 13 127 ORDINANCE NO. 4308 (2) Orient upper story balconies toward the subject home's front or rear yard areas, a public street, or permanent open space. The yard area or direction faced by the longest side of the balcony shall determine the orientation. A minimum 20-foot separation between the exterior face of the balcony or deck and the existing adjacent structure may be provided if orientation requirements cannot be met. (W) No person, firm or corporation shall move any building, structure, or portion of a building or structure into the City or relocate within the City, or cause the san1e to be done without first obtaining a separate relocation permit for each building or structure. See HBMC Chapter 17.28 - Moving Buildings. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. PASS ED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of _______ , 2024. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 24-14077/331911 14 128 LEGISLATIVE DRAFT HBZC CHAPTER 210 Chapter 210 210.04 RL, RMH, RH, and RMP Districts -Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential d istricts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use pe1mit by the P lanning Commissi on. "ZA'' designates use classifications pe1mitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use pe1mit if the primary use requires a conditional use permit. "Neighborhood Notification" refers to use classifications that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. 210.06 RL, RMH, RH, and RMP Districts -Property Development Standards A . The following schedule prescribes development standards for residential zoning districts and subdistricts designated on the zoning map. The columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Provisions" column refer to "Additional Development Standards" following the schedule. B. In calculating the number of units permitted on the site, density is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number except that one dwelling unit may be allowed on a legally created lot complying with minimum lot area. All required setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions. 129 C . Any new parcel cre ated purs u ant to Title 25 , Su bdivisi ons, shall comply w ith the m in im um building s ite requirements of the district in w h ich th e p arc el is located unless approved as a part of a planned unit d evelop ment. Property Development Standards for Residential Districts RMH-A Additional RL RM Subdistrict RMH RH RMP Provisions Min. Building S ite 6 ,00 0 6,000 2,500 6,000 6,000 10 ac. (A)(B )(C) W idth (ft.) 60 60 25 60 60 NI A Cul-d e-sac fron tage 45 45 -45 45 NI A Mi n. Setbacks (D )(R) Front (ft.) 15 15 12 10 10 10 (E)(F) Side (ft.) 3; 5 3; 5 3; 5 3; 5 3; 5 -(G)(I)(J) Street Side (ft.) 6; 10 6 ; 10 5 6 ; 10 6 ; 10 10 (H) Rear (ft.) 10 10 7.5 10 10 -(l)(J) A ccessory Structure (U) Garage (K) Proj ecti ons into (L)(R) Setbacks Max. Height (ft.) Dwellings 35 35 35 35 35 20 (M) Accessor y Structures 15 15 15 15 15 15 (M)(R) Max. Floor Area Ratio --1.0 -- - (FAR) Mi n. Lot Area per 6,000 2,904 * 1,742 1,244 - D welling Unit (sq . ft.) Max. Lot Coverage 50 50 50 50 50 75 (V) (%) Min. F loor Area (N) Min. Usable Op en (0) Space Gei,u1s ------fP1 Accessibility within AA-ill D wellings Waterfront Lots tR:) ,(ill Landscaping See C h. 232 ~!fil Fences and Walls See Section 230 .88 Ligh t ing tB Lfil R esidential Pri vacy fWjill D esi gn Standar ds Rel ocating Structures SeeHBMC Ch . fi{HJYJ 17.28 U nder ground Utilities See Ch . 17.64 130 RMH-A RL RM Subdistrict RMH RH Screening of See Section 230.76 Mechanical Equipment Refuse Storage Areas See Section 230.78 Antenna See Section 230.80 Performance Standards See Section 230.82 Off-Street Parking and See Ch. 231 & Section 210.12 Loading Signs See Ch. 233 Nonconforming See Ch. 236 Structures Accessory Structures See Section 230.08 Notes * Lots 50 feet or less in width= I unit per 25 feet of frontage Lots greater than 50 feet in width = I unit per 1,900 square feet NI A = Not applicable Additional RMP Provisions RL, RM, RMH, RH, and RMP Districts: Additional Development Standards (A) See Section 230.62, Building Site Required and Section 230.64, Development on Substandard Lots. (B) See Section 230.66, Development on Lots Divided by District Boundaries. (C) The minimum lot area shall be 12,000 square feet for general day care, general residential care, and public or private schools, except minimum lot area for general day care in the RL district shall be one gross acre. (D) Building Separation. The minimum spacing between buildings including manufactured home units shall be IO feet. Patio Cover Separation. The minimum separation between a detached solid patio cover post/wall and a building on the same lot in six feet. The minimum separation between a detached open lattice/trellis patio cover on a permanent foundation and a building may be less than six feet. The minimum separation from eave to eave shall be one foot subject to building code requirements. (E) Variable Front Setback for Multifamily Projects. Projects with more than four units in the RM District, more than eight units in the RMH District, or more than 14 units in the RH District shall provide a minimum setback of 15 feet from any public right-of-way. Minimum 50% of the garages shall be set back 20 feet from the front property line. (See Section 21 O. I 2B.) 131 (F) Upper-Story Setbacks for Multifamily Structures. The covered portion of all stories above the second story in any multi-family structure shall be set back an average of 10 feet from the second floor front facade (see Exhibit). Upper Story Setback (G) Interior Side Setback. average 10' setback (1) In the RL, RM, RMH, including RMH-A subdistrict, and RH Districts, interior side setbacks shall be minimum 10% of lot width, but not less than three feet and need not exceed five feet, except as stated below. (2) For projects in the RM, RMH, including RMH-A subdistrict, and RH Districts adjoining an RL District, interior side setbacks shall be at least: (a) IO feet for units in single-story or two-story buildings. (b) 14 feet for units above two stories. Subject to approval of a conditional use permit, the Zoning Administrator or the Planning Commission, may approve upper-story setbacks in lieu of an increased side setback if the second and third stories are set back the required distance. (H) Street Side Setbacks. (1) In the RL, RM, RMH ( excluding RMH-A subdistrict), and RH districts, the street side yard shall be 20% of the lot width, minimum six feet and need not exceed 10 feet. (2) In the RMH-A subdistrict, street side setback shall be minimum five feet. (3) For projects with 10 or more multi-family units (including RMH-A subdistrict), the street side setback shall be the same as the front setback. 132 (I) Building Walls Exceeding 25 Feet in Height. The required interior side or rear setback adjoining a building wall exceeding 25 feet in h e ight, excluding any portion of a roof, and located on a lot 45 feet wide or greater, shall be increased three feet over the basic requirement. (J) Zero Side or Rear Setback. (1) A zero interior s ide setback may be permitted prov ide d that the opposite side setback on the same lot is minimum 20% of the lot width, not less than five feet, and need not exceed 10 feet, and shall be subject to the requirements listed in paragraph (3) of thi s sub section. (2) A zero rear setback may be p e1mitted prov ided that the opposite rear setback for the adjacent lot is either zero or a minimum of 10 feet, and subject to the requirements listed in paragraph (3) of this section . (3) A zero side or rear setback may be permitted subject to the fo llow ing requirem ents : (a) The lot adjacent to the zero side or rear setback shall either be held under the same ownership at the time of application or a deed restriction or agreement approved as to form by the City Attorney shall be recorded giving written consent of the adjacent property owner. (b) A maintenance easement, approved as to form by the City Attorney, shall be recorded between the property owner and the owner of the adjacent lot to which access is required in order to maintain and repair a zero lot line structure. Such easement shall be an irrevocable covenant running with the land. No building permits shall be issued until such recorded maintenance easement has been submitted. (c) Separation between the proposed structure and any structure on an adjacent lot shall either be zero or a minimum of five feet. (d) No portion of the dwelling or any architectural features shall project over the property line. (e) The zero setback shall not be adjacent to a public or private right-of-way. (f) Exposure protection between structures shall be provided as specified by the Fire Department and Building Division. (4) Double zero side setbacks may be permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 2 10 .12 (8). 133 (K) Garage Setbacks. (1) Setbacks for the main dwelling shall apply, except as specifically stated below: (a) Front entry garage: 20 feet. (b) Side entry garage: 1 O feet. (c) Garage with alley access: 5 feet. (2) For garages with rear vehicular access from an alley and located on a lot 27 feet wide or less, the side setback adjacent to a street or another alley may be reduced to three feet. (3) A minimum 25-foot turning radius is required from the garage to the opposite side of the street, alley, drive aisle or driveway. 134 -----------------------. ------, ATTACHED FRONT ENTRY GARAGE ------•i l i i.-1.---.Property line ._ _____ .. ! Mininmm 20' from .....,,,=="=="'=""=""""'+r-r--garage to property line ___..___.____.___.____.___,____.__....__.__._____._---'-~ Sidewalk ~ Allev r .. _,._,,_,,_,. , ,; ATTACHED SIDE ENTRY GARAGE ~_Property line -:lvfinimum 2Y from garage to property line on the other side of the existing alley ::::C: Minimum 5' from ··-··-··-··-·· i/ garage to property line . --Property line GARAGE WITH ENTRY FROM REAR ALLEY +--Sidewalk 1-'-_._..____.____.__,S,.._tree__._t _._____.___,____.__._ (L) Projections into Setbacks. (1) See Section 230.68, Building Projections into Yards . (2) Balconies and bay windows may project into required setbacks and usable open space areas subject to Section 230 .68 , provided that balconies have open railings , glass, or architectural details with openings to reduce visible bulk . Balconies composed solely of solid enclosures are not allowed to project into required setbacks . (M) Height Requirements. See Section 230 .70 , Measurement of Height, and Section 230.72, Exceptions to Height Limits . 135 (1) Single-family dwellings in all residential districts, except lots in the RMH-A subdistrict with less than 50 feet of frontage shall comply with the following standards: (a) Second story top plate height shall not exceed 25 feet measured from the top of the subfloor/slab directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds 30 feet. (c) Maximum building height for main dwellings shall be 35 feet; however, main dwellings exceeding 30 feet in height shall require approval of a conditional use permit by the Zoning Administrator. (d) Habitable area, which includes rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions: 1. Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are set back five feet from the building exterior and do not exceed the height limits as stated above. 2. Windows and deck areas above the second story plate line shall orient toward public rights-of-way only. 136 Habitable Areas are: • confined within the roof volume • accessed from withh1 the main dwelling • subject to conditional use pennit approval Donm,rs, decks and otht.-r architectural features must be setback 5' from building ext · or HABITABLE AREA ABOVE SECOND STORY TOP-PLATE LINE FOR SINGLE Fk'\ULY DWELLINGS IN ALL RESIDENTIAL DISTRICTS EXCEPT RMH-A SUBDISTRICT (e) Access to any habitable area above the second story top plate line shall be provided within the main dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. Two vertical cross-sections through the property (front-to-back and side-to- side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within five feet of the property line shall be submitted in order to determine compliance with this subsection. (2) Single-family dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage shall comply with the following standards: (a) Second story top plate height shall not exceed 25 feet measured from the top of the subfloor/slab directly below. (b) Roofs shall have a minimum 5/12 pitch if building height exceeds 30 feet. (c) In the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Otherwise, maximum building height shall be 35 feet. 137 Front Property Lin e I I I ' I I I I 35 ' max im um ~ height at top I 25' maximum i Street I I I I ! I ~ :'- I height in the I 25 ' fr ont an d rear 25' of 25 ' I Ute lot I I .... ' ! I ' ' '= ' " 2.5' 25 ' Maximum Building Height for Single-Family Dwellings on Lots Less Than 50 Feet Wide in RMH-A Subdistrict :"- I of roof ... ' Rear Property Lme (d) Access to any habitable area above the second story top plate line shall be provided within the main dwelling and shall be consistent with internal circulation . Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited . Two vertical cross-sections through the property (front-to-back and side-to- side) that show the relationship of each leve l in a new structure and new leve ls added to an e x isting structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine complian ce w ith this subsection. (3) Accessory Structures. See Section 230 .08 , Accessory Structures. Accessory structures loca ted on projecting dec ks abutting a waterway shall comply with the height established in subsection (R). (4) Recreation Buildings . The ma ximum height of a recreation building for multi - family, planned residential , and mobile home park projects shall be establ ished by the conditional use permit. (N) Minimum Floor Area. Each dwelling unit in a multifamily building and attached single-family dwe llings shall have the following minimum floor are a . I U nit Type Studio M in imum A re a (Sq. Ft.) 500 138 One bedroom 650 Two bedrooms 900 Three bedrooms 1,100 Four bedrooms 1,300 All detached single-family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width. (0) Open Space Requirements. (1) The minimum open space area (private and common) for multi-family residential projects in RM, RMH, including RMH-A subdistrict, and RH Districts shall be 25% of the residential floor area per unit (excluding garages). (2) Private Open Space. (a) Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and six feel for balconies. A minimum patio area of 70 square feet shall be provided within the court. (b) The following minimum area shall be provided: Minimum Area (Sq. Ft.) Units Above UnitTvne Ground Floor Units Ground Floor Studio/I bedroom 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 (c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 42 inches in height. (d) A maximum of 50% of the private open space requirement, may be on open decks above the second story subject to approval of a conditional use permit by the Zoning Administrator, provided that no portion of such deck exceeds the height limit. 139 (e) Patio and balcony enclosures within existing planned developments or apartment complexes shall be subject to the following conditions: 1. A maximum of one enclosure per unit shall be allowed. 2. The existing balcony or patio area shall not be enlarged. 3. The balcony or patio enclosure shall comply with the current setback and height requirements for the district in which the site is located. 4. The enclosure shall consist entirely of transparent materials, i.e., no solid walls or opaque walls, except an existing solid roof may be part of the enclosure. 5. No structural change shall occur to the interface wall and doorway between the enclosure and the adjacent inside room of the building, unless the balcony/patio is replaced with equivalent unenclosed area for use as private open space. 6. The enclosed area shall be considered as private open space and may be counted toward current private open space requirements. 7. Required egress for fire escape routes shall be maintained. (3) Common Open Space. (a) Common open space, provided by interior side yards, patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways, parking areas, or area required for front or street side yards. (b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool, tennis court, volleyball court, outdoor cooking facility, or other recreation facility. (4) The Director may allow a reduction in the open space requirement to 10% of the livable area per unit for projects with less than 1 O units and located within walking distance of 1,000 feet of a public park or beach. (P) Courts Opposite Windows in RM, RMH, and RH Districts (Excluding the RMH A Sub DistriGt). Courts shall be provided in all multi family projects in the RM, RMH, and RH Districts subject to the following requirements: (1) Courts Opposite 'Nalls on the Same Site. The minimum depth of a court shall be one half the height of the opposite wall but not less than 20 feet opposite a living 140 room and 14 feet opposite a required windmv for any other habitable room (see diagrams that follow). (2) Courts Opposite Interior Property Line. The minimum distance between a required 'llindovv of a habitable room and a property line shall be 1 O feet. (3) Court Dimensions. Courts shall be minimum 20 feet wide (minimum 10 feet on either side of the centerline of the required window) and shall be open to the sky. Eaves may project a maximum two feet into a court. 141 Living room window Section A t I I/! H...:i~\o\' 0Wosi( w,11 . ! Section H Living room Section C "'T' -,_,, --.r--- 20 ll. Not ki., th:d1 I 11 n.1 Living ~oom •'---..llr...._J ' y \\indow h/2 Section A Other room window r h ,, Living room window Liviug room \\indow l ~ ft -----1>1 Section C Courts Opposite 1Jl.'imlows 20 l,..--11 &ctionB Other room window Lh·ingroom wiudow 142 (Q P) All habitable rooms in a dwelling unit must be accessible from within the dwelling. (R Q) Waterfront Lots. Projecting decks, windscreens, fencing , patio covers and solariums on waterfront lots may be permitted subject to the development standards set forth in this chapter, Chapter 245, Chapter 17 .24, and the following requirements : (1) Projecting Decks. Decks on waterfront lots may project five feet beyond the bulkhead provided the decks comply with the side setbacks required for the main dwelling. (2 ) Windscreens. Windscreens may be permitted if constructed of light-weight materials such as plastic, canvas , fiberglass , tempered glass or metal , except for necessary bracing and framing. The maximum height for windscreens shall be seven feet above the finished surface of the deck at the bulkhead line. (3) Fencing. All portions of fencing within the required rear setback area shall comply with Section 230.88 and the visibility provisions below. (4) Solariums. Solariums (patio enclosures) may project a maximum of 30 inches over the bulkhead. In all cases, the solarium shall maintain a 45 degree visibility angle as measured from the main dwelling building line extended to the side property line. The max imum height shall not exceed the top of the first floor ceiling joist. (5) Patio Covers. Patio covers (including eaves) may be permitted to project five feet into the rear yard setback; however, construction materials shall allow compliance with visibility provisions below. (6) Visibility. The portion of any windscreen , fence or patio cover in the rear yard setback or solarium above 36 inches in height shall be composed of materials and design which allow a minimum of 85 % transmission of light and visibility through the structure in each direction when viewed from any angle . (7) Removal. Decks, solariums and windscreens projecting over waterways which do not comply with the above provisions may be removed by the City upon 30 days' written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right. 143 house s· I min .• Property line I Waterfront Lot Projections (S R) Landscaping. (1) A minimum 40% of the front yard shall be landscaped. For single-family residences in the RMH-A subdistrict, a minimum three-foot wide landscape planter along the front property line (excluding maximum five-foot-wide walkway) may be provided in lieu of the 40% requirement. A maximum 18-inch high planter wall may be constructed along the front property line. (2) All required trees specified in Chapter 232 shall be provided . (3) All subdivisions shall provide a minimum five-foot-wide landscaped area along arterial street/highway property lines. The actual required width shall be determined during the planning process. Maintenance of said landscaped area shall be by a homeowners association, property owner or other method approved by the City of Huntington Beach . (+ S) Lighting. A lighting system shall be provided in all multi-family projects along all vehicular accessways and major walkways . Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. A lighting plan shall be submitted for approval by the Director. (YI) See Section 230.08 , Accessory Structures. (V-U) Solid patio covers open on at least two sides may be permitted an additional five percent site coverage. Open lattice patio covers are exempted from site coverage standards. (WV) Properties subject to residential privacy design standards shall : 144 (1) Off-set bedroom and bathroom windows above the first floor from bedroom and bathroom windows above the first floor on existing adjacent single-family residences . (2) Orient upper story balconies toward the subject home's front or rear yard areas , a public street, or permanent open space. The yard area or direction faced by the longest side of the balcony shall determine the orientation . A minimum 20- foot separation between the exterior face of the balcony or deck and the existing adjacent structure may be provided if orientation requirements cannot be met. (X W) No person , firm or corporation shall move any building, structure, or portion of a building or structure into the City or relocate within the City, or cause the same to be done without first obtaining a separate relocation permit for each building or structure. See HBMC Chapter 17.28 -Moving Buildings. 145 ORDINANCE NO. 4309 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 211 C COMMERCIAL DISTRICTS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 23-002) 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. 23-002, which amends Chapter 211 of the Huntington Beach Zoning and Subdivision 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 does hereby ordain as follows: SECTION 1. That Chapter 211 of the Huntington Beach Zoning Code is hereby amended to read as follows: 211.04 CO, CG, and CV Districts-Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. "Neighborhood Notification" designates use classifications that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere 24-14077331923 146 ORDINANCE NO. 4309 in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. CO, CG, and CV Districts: Land Use Controls P = Permitted L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary use permit P/U = Requires conditional use permit on site of conditional use -= Not Permitted co Residential Group Residential PC Multifamily Residential - Public and Seminublic Clubs and Lodges p Community and Human Services Drug Abuse Centers - Primary Health Care L-11 Emere.ency Kitchens - Emergency Shelters - Residential Alcohol Recoverv, General - Residential Care, General ZA Convalescent Facilities ZA Cultural Institutions L-14 Day Care, General L-3 Day Care, Large-Family p Emergency Health Care L-2 Government Offices p Heliports PC Hospitals PC Park & Recreation Facilities L-9 Public Safety Facilities ZA Religious Assembly ZA Schools, Public or Private PC Utilities, Major PC Utilities, Minor p Commercial Uses Ambulance Services - Animal Sales & Services 24-14077 /33 1871 2 CG CV PC PC -PC p - PC - L-11 - L-2 - L-2 - PC - ZA - ZA - L-14 L-14 L-3 - p - L-2 - p ZA PC PC PC - L-9 L-9 ZA ZA ZA PC PC - PC PC p p ZA - L-16 Additional Provisions (J)(Q)(R)(V) (J)(Q)(R)(V) (Y) (B) (L) (J)(Q)(R) 147 ORDINANCE NO. 4309 co CG CV Additional Provisions himal Boarding -ZA - 1imal Grooming -p - himal Hosoitals -ZA - nimals--Retail Sales -p - uestrian Centers (CG Zone) -PC -(S) t Cemeterv -PC - Artists' Studios p p p Banks and Savings & Loans p p p With Drive-Up Service p p p Building Materials and Services -p - Catering Services p p p Commercial Filming p p p (F) Commercial Recreation and Ente1iainment -PC PC (D) Communication Facilities L-13 L-13 L-13 Eatine and Drinking Establishments p p p W/Alcohol ZA ZA ZA (N) W /Drive Through -p p W/Live Ente1tainment ZA ZA ZA (W)(Y) W/Dancing PC PC PC (H) W /Outdoor Dining ZA ZA ZA (X) Food & Beverage Sales -p L-12 W/Alcoholic Beverage Sales -ZA ZA (N) Funeral & Interment Services -ZA - Laboratories L-1 L-1 - Maintenance & Repair Services -p - Marine Sales and Services -p p Nurseries -ZA - Offices, Business & Professional p p p Offices, Medical & Dental p p p Pawn Shops -ZA - Personal Enrichment Services L-10 L-10 - Personal Services p p p Research & Development Services L-1 ZA - Retail Sales -p p (U)(V) Secondhand Appliances/Clothing -p - Swap Meets, Indoor/Flea Markets -PC -(T) Swap Meets, RecmTine -ZA - Tattoo Establishments -ZA - Travel Services p p p Vehicle Equioment/Sales & Services Automobile Rentals -L-8 L-8 L-12 Automobile Washing -ZA - Commercial Parking -ZA ZA (P) Service Stations -PC PC (E) Vehicle Equin. Repair -L-5 - Vehicle Equip. Sales & Rentals ZA ZA -L-12 Vehicle Storage, lmoound Yards -PC -(AA) Vehicle Storage, Off-Site Auto Dealers -P/ZA -L-17(BB) Vehicle Storaee, Recreational Vehicles -ZA -(CC) Offices for Vehicle Equip. Sales & Rentals L-15 L-15 - 24-14077/331871 3 148 ORDINANCE NO. 4309 co CG CV Additional Provisions Visitor Accommodations Bed & Breakfast Inns ZA ZA ZA (K) Hotels, Motels -PC PC (I) Condominium-Hotel --PC (Z) Fractional Ownership Hotel Quasi Residential Timeshares -PC -(I)(J) Residential Hotel -PC -(J) Single Room Occunancy -PC - Industrial (J)(Q)(R)(V) Industry, Custom -L-6 L-6 Accessorv Uses (J)(V) Accessory Uses & Structures P/U P/U P/U Temoorary Uses (F)(J)(V) Animal Shows -TU - Circus and Carnivals and Festivals -TU - Commercial Filming, Limited -p p (M) Real Estate Sales p p p Retail Sales, Outdoor -TU TU (M) Seasonal Sales TU TU TU (M) Tent Event -p - Trade Fairs -p - Nonconformin2: Uses (G)(J)(V) CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 5,000 square feet or less; allowed with Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet. L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. (See Section 230.52, Emergency Shelters.) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. L-4 Reserved. L-5 Only limited facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. 24-14077 /33 l 871 4 149 ORDINANCE NO. 4309 L-6 Only "small-scale" facilities, as described in use classifications, are permitted with a maximum seven persons employed full time in processing or treating retail products, limited to those sold on the premises. L-7 Repealed. L-8 On-site storage limited to two rental cars or two cars for lease. L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 5,000 square feet or less; allowed with Administrative Permit approval if space exceeds 5,000 square feet. In addition, personal enrichment uses within a retail building parked at a ratio of one space per 200 square feet, shall require no additional parking provided the use complies with the following: • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and • The instruction area does not exceed 75% of total floor area of the personal enrichment building area. L-11 Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 square feet. L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or display area. L-13 For wireless communication facilities see Section 230.96, Wireless Communication Facilities. All other communication facilities permitted. L-14 Allowed with Neighborhood Notification pursuant to Chapter 241 if space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. L-15 Includes businesses with the primary building use of office for vehicle retail sales and wholesale businesses which may display the maximum number of vehicles at any given time as required by the California Department of Motor Vehicles. L-16 No person shall keep or maintain upon premises owned or controlled by him or her in the City, any kennel within 200 feet of any residential use. Refer to HBMC Section 7.12.150 - Kennels. 24-14077/331871 5 150 ORDINANCE NO. 4309 L-17 Permitted pursuant to an Administrative Permit if the property is 300 feet or more from a parcel used or zoned for residential development. Permitted pursuant to a conditional use permit from the Zoning Administrator ifless than 300 feet from a parcel used or zoned for residential development. (A) Reserved. (B) See Section 230.40, Helicopter Takeoff and Landing Areas. ( C) Repealed. (D) See Section 230.38, Game Centers; Chapter 5.28, Dance Halls; Chapter 9.24, Card Rooms; Chapter 9.32, Poolrooms and Billiards; and Chapter 9.28, Pinball Machines. (E) See Section 230.32, Service Stations. (F) See Section 241.20, Temporary Use Permits. (G) See Chapter 236, Nonconforming Uses and Structures. (H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5 .28, Dancing Halls; Chapter 5 .44, Restaurants -Amusement and Entertainment Premises; and Chapter 5.70, Adult Entertainment Businesses. (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be pennitted in any visitor serving designation seaward of Pacific Coast Highway. (K) See Section 230.42, Bed and Breakfast Inns. (L) Collection containers are permitted in all commercial districts; recycling facilities as an accessory use to a permitted use shall be permitted upon approval by the Director with Neighborhood Notification pursuant to Chapter 241. See Section 230.44, Recycling Operations. (M) Subject to approval by the Police Depaiiment, Public Works Depmiment, Fire Depmiment and the Director. See also Section 230.86, Seasonal Sales. 24-14077/331871 6 151 ORDINANCE NO. 4309 (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (I) Retail markets with no more than 10% of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (2) Restaurants, bars, and liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46, Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity ( e.g., increased noise, traffic). (R) Projects within 500 feet of a PS District; see Chapter 244. (S) See Section 230.48, Equestrian Centers. (T) See Section 230.50, Indoor Swap Meets/Flea Markets. (U) See Section 230.94, Carts and Kiosks. (V) In the coastal zone, the preferred retail sales uses are those identified in the visitor serving commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit from the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted without a conditional use permit. If over 400 square feet with no alcohol sales, Neighborhood Notification shall be required pursuant to Chapter 241. 24-14077/331871 7 152 ORDINANCE NO. 4309 (Y) Neighborhood Notification requirements pursuant to Chapter 241. (Z) In the CV District, condominium-hotels and/or fract ional interest hotels are allowed only at the Pacific City (Downtown Specific Plan District 7) and Waterfront (Downtown Specific Plan District 9) sites. Refer to Downtown Specific Plan. (AA) Storage areas shall be screened from v iew on all sides by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently land scaped and maintained. (BB) Storage areas shall be scr eened from v iew on all sides adjacent to a public right-of-way by a solid wall made of either brick, block, masonry, wood, vinyl or other similar material. The wall shall include a minimum ten foot return on all sides . The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (CC) Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall include a minimum 10-foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. Screening on the remaining sides shall be evaluated based on proposed site conditions as determined during the entitlement process. SECTION 2. This ordinance shall become effective immediately 30 days after its adoption . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regu lar meeting thereof held on the __ day of _______ , 2024. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 24-14077/331871 8 153 LEGISLATIVE DRAFT HBZC CHAPTER 211 Chapter 211 211 .04 CO, CG, AND CV Districts -Land Use Controls In the following schedules, letter designations are u sed as follows: "P" designates use classifications pennitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that fo llow. "PC" designates use classifications pe1mitted on approval of a conditional use permit by the Planning Commission. "ZA'' designates use classifications permitted on a pproval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory u se means that the use is permitted on the site of a permitted u se, but requires a conditional use permit on the site of a conditional use. Neighborhood Notificat ion" refers to u se classifications that require an Administrative Pe1mit by the Director. Use classifications that are not li sted are prohibited. Letters in parentheses in the "Additional Provis ions" column refer to prov isions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a u se classification heading, referenced provision s shall apply to all u se classifications under the heading . CO, CG, and CV Districts: Land Use Controls P = Pe1mitted L = Limited (see Additional Provisions) P C = Conditional use pe1mit approved by Planning Commission ZA = Cond itional use permit approved by Zoning Administrator TU = Temporary use pe1mit P/U = Requires conditional use permit on site of conditional use -= Not Pe1mitted 154 co CG CV Additional Provisions Residential (J)(Q)(R)(V) Group Residential PC PC PC Multifamily Residential --PC Public and Seminublic (J)(Q)(R)(V) Clubs and Lodges p p - Community and Human Services Drug Abuse Centers -PC - Primary Health Care L-11 L-11 - Emergency Kitchens -L-2 - Emergency Shelters -L-2 - Residential Alcohol Recovery, General -PC - Residential Care, General ZA ZA - Convalescent Facilities ZA ZA - Cultural Institutions L-14 L-14 L-14 Dav Care, General L-3 L-3 - Day Care, Large-Familv p p -(Y) Emergency Health Care L-2 L-2 - Government Offices p p ZA Heliports PC PC PC (B) Hospitals PC PC - Park & Recreation Facilities L-9 L-9 L-9 Public Safety Facilities ZA ZA ZA Religious Assembly ZA ZA PC Schools, Public or Private PC PC - Utilities, Major PC PC PC Utilities, Minor p p p (L) Commercial Uses (J)(Q)(R) Ambulance Services -ZA - Animal Sales & Services L-16 lnimal Boardine: -ZA - lnimal Groomin2 -p - lnimal Hosnitals -ZA - lnimals-Retail Sales -p - □uestrian Centers (CG Zone) -PC -(S) et Cemetery -PC - Artists' Studios p p p Banks and Savings & Loans p p p With Drive-Up Service p p p Building Materials and Services -p - 155 co CG CV Additional Provisions Catering Services p p p Commercial Filming p p p (F) Commercial Recreation and Entertainment -PC PC (D) Communication Facilities L-13 L-13 L-13 Eatin" and Drinking Establislnnents p p p W/Alcohol ZA ZA ZA (N) W /Drive Through -p p W/Live Ente1iainment ZA ZA ZA (W)(Y) W/Dancing PC PC PC (H) W/Outdoor Dining ZA ZA ZA (X) Food & Beverag:e Sales -p L-12 W / Alcoholic Beverage Sales -ZA ZA (N) Funeral & Interment Services -ZA - Laboratories L-1 L-1 - Maintenance & Repair Services -p - Marine Sales and Services -p p Nurseries -ZA - Offices, Business & Professional p p p Offices, Medical & Dental p p p Pawn Shops -ZA - Personal Emiclnnent Services L-10 L-10 - Personal Services p p p Research & Development Services L-1 ZA - Retail Sales -p p (U)(V) Secondhand Appliances/Clothing -p - Swap Meets, Indoor/Flea Markets -PC -(T) Swap Meets, Recurring -ZA - Tattoo Establislnnents -ZA - Travel Services p p p Vehicle Equipment/Sales & Services Automobile Rentals -L-8 L-8 L-12 Automobile Washing -ZA - Commercial Pm·king -ZA ZA (P) Service Stations -PC PC (E) Vehicle Equip. Repair -L-5 - Vehicle Equip. Sales & Rentals ZA ZA -L-12 Vehicle Storage, Impound Yards -PC -(AA) Vehicle Storage, Off-Site Auto Dealers -P/ZA -L-17 (BB) Vehicle Storage, Recreational Vehicles -ZA -(CC) Offices for Vehicle Equip. Sales & Rentals L-15 L-15 - Visitor Accommodations 156 co CG CV Additional Provisions Bed & Breakfast Inns ZA ZA ZA (K) Hotels, Motels -PC P C (I) Condominium-Hotel --P C (Z) Fractional Ownership Hotel Quasi Residential Timeshares -PC -(I)(J) Res idential Hotel -PC -(J) Single Room Occupancy -PC - Industrial (J)(Q)(R)(V) Industry, Cu stom -L-6 L-6 Accessory Uses (J)(V) Accessory Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) Animal Shows -TU - Circu s and Carnivals and Festivals -TU - Commercial Fi lming, Limited -p p (M) Real Estate Sales p p p Retail Sales, Outdoor -TU TU (M) Seasonal Sales TU TU TU (M) Tent Event -p - Trade Fairs -p - N onconforming Uses (G)(J)(V) CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 5,000 square feet or less; allowed w ith Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5 ,000 s quare feet. L-2 Al lowed w ith a conditional use permit from the Zoning Administrator if the space i s 5 ,000 s quare feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. (See Section 23 0 .52, Emergency Shelter s.) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 s quare feet or less; allowed with a conditional use pennit from the Planning Commission if the space exceeds 2,500 square feet. 157 L-4 Reserved. L-5 Only limited facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are pe1mitted only as pait of a comprehensive automobi le-servic e complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described in use classifications, are permitted with a maximum seven persons employed full time in processing or treating retail products, limited to those sold on the premises. L-7 Repealed. L-8 On-site storage limited to two rental cars or two cars for lease. L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 5,000 square feet or less; allowed with Administrative Pe1mit approval if space exceeds 5 ,000 square feet. In addition, personal emichrnent uses within a retail building parked at a ratio of one space per 200 squai·e feet, shall require no additional parking provided the use complies with the following: • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the squai·e footage of the building; and • The instruction area does not exceed 75% of total floor area of the personal emichment building area. L-11 Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 squai·e feet. L-12 Permitted for existing facilities proposing to expand up to 20% of exi sting floor area or display area. L-13 For wireless communication facilities see Section 230.96, Wireless Communication Facilities. All other communication facilities permitted. L-14 Allowed with Neighb orhood Notification pursuant to Chapter 241 if space is 5,000 square feet or less; a llowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 s quare feet. L-15 Includes businesses with the primary building use of office for vehicle retail sales and wholesale businesses which may display the maximum number of vehicles at any given time as required by the California Depaitment of Motor Vehicles. 158 L-16 No person shall keep or maintain upon premises owned or controlled by him or her in the City, any kennel within 200 feet of any residential use. Refer to HBMC Section 7 .12 .150 - Kennels. L-17 Permitted pursuant to an Administrative Permit if the property is 300 feet or more from a parcel used or zoned for residential development. Permitted pursuant to a conditional use permit from the Zoning Administrator if less than 300 feet from a parcel u sed or zoned for residential development. (A) Reserved. (B) See Section 230.40, Helicopter Takeoff and Landing Areas. (C) Repealed. (D) See Section 230.38, Game Centers; Chapter 5 .28 , Dance Halls; Chapter 9 .24, Card Rooms; Chapter 9 .32, Poolrooms and Billiards; and Chapter 9.28, Pinball Machines. (E) See Section 230 .32, Service Stations. (F) See Section 241 .20, Temporary Use Permits. (G) See Chapter 236, Nonconforming Uses and Structures. (H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28, Dancing Halls; Chapter 5.44, Restaurants -Amusement and Entertainment Premises; and Chapter 5.70, Adult Ente1tainment Businesses. (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commer cial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as pait of the development. No office or residential uses shall be pennitted in any visitor serving designation seaward of Pacific Coast Highway. (K) See Section 230.42, Bed and Breakfast Inns. (L) Collection containers are permitted in a ll commercial dish'icts; recycling facilities as an accessory use to a permitted use s hall be permitted upon approval by the Director with Neighborhood Notification pursuant to Chapter 241. See Section 230.44, Recycling Operations. 159 (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86, Seasonal Sales. (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (1) Retail markets with no more than 10% of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (2) Restaurants, bars, and liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral an·angement. (0) See Section 230.46, Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (R) Projects within 500 feet of a PS District; see Chapter 244. (S) See Section 230.48, Equestrian Centers. (T) See Section 230 .50, Indoor Swap Meets/Flea Markets. (U) See Section 230.94, Cruis and Kiosks. (V) In the coastal zone, the preferred retail sales uses are those identified in the visitor serving commercial land use designation which provide opp01iunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (W) Non-amplified live ente1iainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use pe1mit. (X) Outdoor dining with alcohol sales shall be permitted with a conditional use pe1mit from the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall 160 be permitted without a conditional use permit. If over 400 square feet with no alcohol sales, Neighborhood Notification shall be required pursuant to Chapter 241. (Y) Neighborhood Notification requirements pursuant to Chapter 241. (Z) In the CV District, condominium-hotels and/or fractional interest hotels are allowed only at the Pacific City (Downtown Specific Plan District 7) and Waterfront (Downtown Specific Plan District 9) sites. Refer to Downtown Specific Plan. (AA) Storage areas shall be screened from view on all sides by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (BB) Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either brick, block, masonry, wood, vinyl or other similar material. The wall shall include a minimum ten foot return on all sides. The wall shall not be less than six feet in height and set back a minimum IO feet from abutting streets with the entire setback area permanently landscaped and maintained. (CC) Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall include a minimum 10-foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. Screening on the remaining sides shall be evaluated based on proposed site conditions as determined during the entitlement process. 161 ORDINANCE NO. 4310 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 I INDUSTRIAL DISTRICTS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 23-002) 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. 23-002, which amends Chapter 212 of the Huntington Beach Zoning and Subdivision 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 does hereby ordain as follows: SECTION I. That Chapter 212 of the Huntington Beach Zoning Code is hereby amended to read as follows: 212.04 JG, IL, and RT Districts -Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to ce1iain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. "Neighborhood Notification" designates use classifications that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere 24-14077331923 162 ORDINANCE NO. 4310 in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. CO, CG, and CV Districts: Land Use Controls P = Permitted L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary use permit P/U ;::: Requires conditional use permit on site of conditional use -= Not Permitted co Residential Group Residential PC Multifamilv Residential - Public and Semipublic Clubs and Lodees p Community and Human Services Drug Abuse Centers - Primary Health Care L-11 Emergencv Kitchens - Emergency Shelters - Residential Alcohol Recovery, General - Residential Care, General ZA Convalescent Facilities ZA Cultural Institutions L-14 Day Care, General L-3 Day Care, Large-Familv p Emergency Health Care L-2 Government Offices p Helip01ts PC Hospitals PC Park & Recreation Facilities L-9 Public Safety Facilities ZA Religious Assembly ZA Schools, Public or Private PC Utilities, Maior PC Utilities, Minor p Commercial Uses Ambulance Services - Animal Sales & Services 24-14077 /33] 925 2 CG CV PC PC -PC p - PC - L-11 - L-2 - L-2 - PC - ZA - ZA - L-14 L-14 L-3 - p - L-2 - p ZA PC PC PC - L-9 L-9 ZA ZA ZA PC PC - PC PC p p ZA - L-16 Additional Provisions ( J)( Q)(R )(V) (J)(Q)(R)(V) (Y) (B) (L) (J)(Q)(R) 163 ORDINANCE NO. 4310 co CG CV Additional Provisions nimal Boarding -ZA - nimal Grooming -p - nimal Hospitals -ZA - nimals-Retail Sales -p - uestrian Centers (CG Zone) -PC -(S) t Cemetery -PC - Artists' Studios p p p Banks and Savings & Loans p p p With Drive-Up Service p p p Building Materials and Services -p - Catering Services p p p Commercial Filming p p p (F) Commercial Recreation and Entertainment -PC PC (D) Communication Facilities L-13 L-13 L-13 Eating and Drinking Establishments p p p W/Alcohol ZA ZA ZA (N) W /Drive Through -p p W/Live Ente11ainment ZA ZA ZA (W)(Y) W/Dancine PC PC PC (H) W/Outdoor Dinine ZA ZA ZA (X) Food & Beverage Sales -p L-12 W/Alcoholic Beverage Sales -ZA ZA (N) Funeral & Interment Services -ZA - Laboratories L-1 L-1 - Maintenance & Repair Services -p - Marine Sales and Services -p p Nurseries -ZA - Offices, Business & Professional p p p Offices, Medical & Dental p p p Pawn Shoos -ZA - Personal Enrichment Services L-10 L-10 - Personal Services p p p Research & Development Services L-1 ZA - Retail Sales -p p (U)(V) Secondhand Annliances/Clothing -p - Swap Meets, Indoor/Flea Markets -PC -(T) Swap Meets, Recurring -ZA - Tattoo Establishments -ZA - Travel Services p p p Vehicle Equipment/Sales & Services Automobile Rentals -L-8 L-8 L-12 Automobile Washing -ZA - Commercial Parking -ZA ZA (P) Service Stations -PC PC (E) Vehicle Equip. Reoair -L-5 - Vehicle Eauio. Sales & Rentals ZA ZA -L-12 Vehicle Storage, Impound Yards -PC -(AA) Vehicle Storage, Off-Site Auto Dealers -P/ZA -L-17 (BB) Vehicle Storage, Recreational Vehicles .. ZA -(CC) Offices for Vehicle Eouip. Sales & Rentals L-15 L-15 - 24-14077/331925 3 164 ORDINANCE NO. 4310 co CG CV Additional Provisions Visitor Accommodations Bed & Breakfast Inns ZA ZA ZA (K) Hotels, Motels -PC PC (J) Condominium-Hotel --PC (Z) Fractional Ownership Hotel Quasi Residential Timeshares -PC -(I)(J) Residential Hotel -PC -(J) Single Room Occupancy -PC - Industrial (J)(Q)(R)(V) Industry, Custom -L-6 L-6 Accessorv Uses (J)(V) Accessorv Uses & Structures P/U P/U P/U Temoorarv Uses (F)(J)(V) Animal Shows -TU - Circus and Carnivals and Festivals -TU - Commercial Filming, Limited -p p (M) Real Estate Sales p p p Retail Sales, Outdoor -TU TU (M) Seasonal Sales TU TU TU (M) Tent Event -p - Trade Fairs -p - Nonconformin2: Uses (G)(J)(V) CO, CG, and CV Districts: Additional Provisions L-1 Permitted if the space is 5,000 square feet or less; allowed with Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet. L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. (See Section 230.52, Emergency Shelters.) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. L-4 Reserved. L-5 Only limited facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer. 24-14077/33 ]925 4 165 ORDINANCE NO. 4310 L-6 Only "small-scale" facilities, as described in use classifications, are permitted with a maximum seven persons employed full time in processing or treating retail products, limited to those sold on the premises. L-7 Repealed. L-8 On-site storage limited to two rental cars or two cars for lease. L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 5,000 square feet or less; allowed with Administrative Pennit approval if space exceeds 5,000 square feet. In addition, personal enrichment uses within a retail building parked at a ratio of one space per 200 square feet, shall require no additional parking provided the use complies with the following: • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and • The instruction area does not exceed 75% of total floor area of the personal enrichment building area. L-11 Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 square feet. L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or display area. L-13 For wireless communication facilities see Section 230.96, Wireless Communication Facilities. All other communication facilities permitted. L-14 Allowed with Neighborhood Notification pursuant to Chapter 241 if space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. L-15 Includes businesses with the primary building use of office for vehicle retail sales and wholesale businesses which may display the maximum number of vehicles at any given time as required by the California Department of Motor Vehicles. L-16 No person shall keep or maintain upon premises owned or controlled by him or her in the City, any kennel within 200 feet of any residential use. Refer to HBMC Section 7 .12.150 - Kennels. 24-14077 /331925 5 166 ORDINANCE NO. 4310 L-17 Permitted pursuant to an Administrative Permit if the property is 300 feet or more from a parcel used or zoned for residential development. Permitted pursuant to a conditional use permit from the Zoning Administrator if less than 300 feet from a parcel used or zoned for residential development. (A) Reserved. (B) See Section 230.40, Helicopter Takeoff and Landing Areas. (C) Repealed. (D) See Section 230.38, Game Centers; Chapter 5.28, Dance Halls; Chapter 9.24, Card Rooms; Chapter 9.32, Poolrooms and Billiards; and Chapter 9.28, Pinball Machines. (E) See Section 230.32, Service Stations. (F) See Section 241.20, Temporary Use Permits. (G) See Chapter 236, Nonconforming Uses and Structures. (H) For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28, Dancing Halls; Chapter 5.44, Restaurants -Amusement and Entertainment Premises; and Chapter 5.70, Adult Entertainment Businesses. (I) Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided. (J) In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. (K) See Section 230.42, Bed and Breakfast Inns. (L) Collection containers are pe1mitted in all commercial districts; recycling facilities as an accessory use to a permitted use shall be permitted upon approval by the Director with Neighborhood Notification pursuant to Chapter 241. See Section 230.44, Recycling Operations. (M) Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86, Seasonal Sales. 24-14077 /331925 6 167 ORDINANCE NO. 4310 (N) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (I) Retail markets with no more than 10% of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. (2) Restaurants, bars, and liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. (3) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (0) See Section 230.46, Single Room Occupancy. (P) See Chapter 231 for temporary and seasonal parking. (Q) Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity ( e.g., increased noise, traffic). (R) Projects within 500 feet of a PS District; see Chapter 244. (S) See Section 230.48, Equestrian Centers. (T) See Section 230.50, Indoor Swap Meets/Flea Markets. (U) See Section 230.94, Carts and Kiosks. (V) In the coastal zone, the preferred retail sales uses are those identified in the visitor serving commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. (W) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (X) Outdoor dining with alcohol sales shall be permitted with a conditional use permit from the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted without a conditional use permit. If over 400 square feet with no alcohol sales, Neighborhood Notification shall be required pursuant to Chapter 241. 24-14077/331925 7 168 ORDINANCE NO. 4310 (Y) Neighborhood Notification requirements pursuant to Chapter 241. (Z) In the CV District, condominium-hotels and/or fractional interest hotels are allowed only at the Pacific City (Downtown Specific Plan District 7) and Waterfront (Downtown Specific Plan District 9) sites. Refer to Downtown Specific Plan. (AA) Storage areas shall be screened from view on all sides by a solid wall made of either block, masonry , wood, vinyl or other similar material. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (BB) Storage areas shall be screened from view on all s ides adjacent to a public right-of-way by a solid wall made of either brick, b lo ck, masonry, wood, viny l or other similar material. The wall shall include a minimum ten foot return on all sides. The wall shall not be less than six feet in height and set back a minimum l O feet from abutting streets w ith the entire setback area permanently landscaped and maintained. (CC) Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either block, masonry, wood, vinyl or other simi lar material. The wall shall include a minimum l 0-foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. Screening on the remaining sides shall be evaluated based on proposed site conditions as determined during the entitlement process. SECTION 2. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of _______ , 2024. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager {/Jf;~ Dire~f Community Development 24-1 4077 /3 3 1925 8 169 LEGISLATIVE DRAFT HBZC CHAPTER 212 Chapter 212 212.04 IG, IL, and RT Districts -Land Use Controls In the following schedules, letter designations ar e used as follows: "P" designates use classifications pennitted in the Industrial Districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow . "PC" designates use classifications permitted on approval of a conditional use pe1mit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use pe1mit 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 pe1mitted on the site of a pe1mitted use, but requires a conditional use permit on the site of a conditional use. ''Neighborhood Notification" refers to use classifications that require an Administrative Pe1mit by the Director. 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. JG, IL, and RT Districts: Land Use Controls P = Permitted L = Limited (see Additional Provisions) PC = Conditional use pe1mit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU= Temporary use permit P/U = Requires conditional use pe1mit on site of conditional use -= Not Permitted 170 Additional IG IL RT Provisions Residential Groun Residential PC PC PC (I) Public and Seminublic (A)(L) Conununity and Human Service Facilities p p p (K) Dav 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 Conunercial Filming ZA ZA ZA Conunercial Recreation and Entertainment L-2 L-2 PC Communication Facilities L-12 L-12 L-12 Eating & Drinking Establishments L-2 L-2 L-2 w/Live Entertainment ZA ZA ZA (R) w/Alcohol ZA ZA ZA Food & Beverage Sales ZA ZA ZA Hospitals and Medical Clinics -PC PC Laboratories p p p Maintenance & Repair Services p p p Marine Sales and Services p p p Nurseries p p p Offices, Business & Professional L-10 L-10 L-10 (C) Personal Enrichment L-9 L-9 L-9 Personal Services L-1 L-1 L-1 Quasi-Residential PC PC PC (J) Research & Develonment Services p p p 171 Additional IG IL RT Provisions Sex-Oriented Businesses (regulated by Ch. L-11 L-11 5.70) L-11 Sex-Oriented Businesses (regulated by Ch. PC PC (Q) 5.60) PC Swap Meets, Indoor/Flea Markets PC PC PC (P) Vehicle/Eauinment Sales & Services Service Stations L-4 L-4 L-4 Vehicle/Eauipment Repair p p p Vehicle/Equipment Sales/Rentals L-5 L-5 L-5 Vehicle Storage, Impound Yards PC PC PC (T) Vehicle Storage, Off-Site Auto Dealers P/ZA P/ZA P/ZA (H)(U)(W) Vehicle Storage, Recreational Vehicles P/ZA P/ZA P/ZA (H)(V) Visitor Accommodations ZA ZA ZA Warehouse and Sales Outlets L-8 L-8 L-8 Industrial {See Chanter 204) (B)(L)(M) Industrv, Custom p p p Industry, General p p p Industry, Limited p p p Industry, R & D p p p Wholesaling, Distribution & Storage 150,000 square feet or less p p p Greater than 150,000 square feet p p ZA RT Flex Snace --p Alcoholic Beverage Manufacturing p p p (L-13) Accessorv Uses Accessory Uses and Structures P/U P/U P/U (C) Temoorarv Uses Commercial Filming, Limited p p p (S) Real Estate Sales p p p Trade Fairs p p p (E) Nonconformine: Uses (F) IG, IL, and RT Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for a mixed use project, subject to the following requirements: 172 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 aiierial 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 squai·e feet of industrial space, whichever is greater. L-2 Permitted only when designed and operated for principal use by employees of the stmounding industrial development as an ancillai-y use to a primary industrial use. When designed for general public use, pe1mitted after considering vehicular access and complying with minimum pai·king requirements. L-3 Reserved. L-4 Only fueling stations offering services primarily oriented to businesses located in an Industrial District ai·e allowed with a conditional use permit by the Planning Commission. L-5 No new or used automobile, truck or motorcycle retail sales are permitted. L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No elementary or secondary schools are permitted. L-7 Recycling operations as an accessory use are permitted if more than 150 feet from R districts; recycling operations as an accessory use less than 150 feet from R districts or recycling operations as a primary use ai·e allowed upon approval of a conditional use permit b y 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 ai·ea of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5% may be occupied by secondary tenants. L -9 Permitted if the space is 5,000 squai-e feet or less; allowed by conditional use permit from the Zoning Administrator if the space is over 5,000 squai·e feet. L-10 Accessory administrative, management, regional or headquarters offices incidental to a primai·y industrial use within the IG and IL Districts me limited to 10% of the floor area of the primai·y industrial use. Accessory office uses incidental to a primary use within the RT District are limited to 30% of the floor ai-ea of the primai-y u se. 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. 173 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: I. 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 ofland with equivalent designations under any specific plans within 500 feet of the lot line of the proposed sex-oriented business. B. The front fa<;:ade 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 ofa 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 IO 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 IO 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: I. 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. 174 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 pe1mit for a sex-oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby pe1mitting 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 prope1ty owners within 1,000 feet of the proposed location of the sex-oriented business; and (3) 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 p lans; 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. 175 F . A sex-oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. G. A sex-oriented business zoning permit shall become null and void one year after its date of approval unless: 1. Construction has commenced or a certificate of occupancy has been issued, whichever comes first; or 2. The use is established. H. The validity of a sex-oriented business zoning pem1it shall not be affected b y 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 ofrights 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 p er 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 di s trict. The Director may waive this requirement if there i s no substantial change in the character of the use which would affect adjacent residential prope1iy in an R District. (C) Accessory office uses greater than the maximum allowable percentage of the floor area of the primary industrial u se shall require a conditional use pe1mit from the Zoning Administrator and a parking demand study demonstrating the adequate provision of on-site parking for all uses contained onsite. 176 (D) In IG and IL Districts only, commercial space excluding business and professional office, not to exceed 25% of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator, provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, and the primary industrial fronts on an aiterial. (E) See Section 241.22, Temporary Use Pe1mits. (F) See Chapter 236, Nonconforming Uses and Structures. (G) Reserved. (H) Pe1mitted pursuant to an Administrative Permit if the property is 300 feet or more from a parcel used or zoned for residential development. Pe1mitted pursuant to a conditional use permit from the Zoning Administrator if less than 300 feet from a pai·cel used or zoned for residential development. (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 pe1mitted 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 pe1mit 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 23 0 .50, Indoor Swap Meets/Flea Mai·kets. (Q) See L-11 (A) relating to locational restrictions. 177 (R) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use pe1mit. 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. (T) In all districts, storage areas shall be screened from view on all sides by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (U) In all districts, storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either brick, block, masonry, wood, vinyl or other similar material. The wall shall include a minimum 10-foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area pe1manently landscaped and maintained. (V) In all districts, storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall include a minimum ten foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. Screening on the remaining sides shall be evaluated based on proposed site conditions as determined during the entitlement process. (W) Auto storage uses on public agency owned property shall be permitted by right pursuant to submittal of a Parking Area Plan. See Section 23 1.26. 178 ORDINANCE NO. 4311 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 218 M MIXED USE-TRANSIT CENTER DISTRICT OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 23-002) 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. 23-002, which amends Chapter 218 of the Huntington Beach Zoning and Subdivision 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 does hereby ordain as follows: SECTION 1. That Chapter 218 of the Huntington Beach Zoning Code is hereby amended to read as follows: 218.04 MU-TC District-Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in MU-TC district. "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. '"Neighborhood Notification" designates use classification that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. 24-14077331923 179 MU-TC District: Land Use Controls P = Permitted PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator ORDINANCE NO. 4311 Land Use Controls Additional Provisions Residential Uses (A)(!) Multifamily Residential PC Public and Semioublic Uses (A) Clubs and Lodges ZA Day Care, General ZA Day Care, Large Family p (C) Government Offices p Public Safetv Facilities p Religious Assembly ZA Schools, Public or Private PC Commercial Uses (A)(H)(l) Artists' Studios p Banks and Savings & Loans p Catering Services p Drug Stores/Pharmacy p Eating and Drinking p Establishments w/ Alcohol ZA (B)(C) w/ Live Entertaimnent ZA w/ Dancing PC (D) w/ Outdoor Dining ZA (C)(E) Food and Beverage Sales p w/ Alcohol Beverage Sales ZA (B) Office, Business and p Professional Park and Recreational p Facilities Parking PC (F) Personal Enrichment Services p (C) Personal Services p Retail Sales p (G) Visitor Accommodations PC 24-14077 /331926 2 180 ORDINANCE NO. 4311 MU-TC District: Additional Provisions (A) All projects in this district shall have both residential and nonresidential components. At least 50% of the building fronting public streets at the ground level shall be nonresidential uses. At least 50% of the project shall be residential uses. (B) The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (1) Retail markets with no more than 10% of the floor area devoted to sales, display and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel; (2) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral an-angement. (C) Neighborhood notification requirements pursuant to Chapter 241. (D) See also Chapter 5.28, Dancing Halls, and Chapter 5.44, Restaurants~Amusement and Entertainment Premises. (E) Outdoor dining with alcohol sales shall be pennitted with a conditional use permit to the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted with an administrative permit. If over 400 square feet with no alcohol sales, neighborhood notification shall be required pursuant to Chapter 241. (F) Stand-alone or other permanent parking structures not ancillary to the permitted uses listed above. Must demonstrate necessity of use and comply with the requirements in Section 231.18(0) (Parking Structures). (G) See Section 230.94, Carts and Kiosks. (H) Development of vacant land or additions of 10,000 square feet or more in building floor area; or additions equal to or greater than 50% of the existing building's floor area requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed project to the Zoning Administrator if the proposed project has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (I) Projects within 500 feet of a PS District; see Chapter 244. SECTION 2. This ordinance shall become effective immediately 30 days after its adoption. 24-14077 /33 I 926 3 181 ORDINANCE NO . 4311 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of ______ , 2024. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 24-14077 /3 3 1926 4 182 LEGISLATIVE DRAFT HBZC CHAPTER 218 Chapter 218 218.04 MU-TC District -Land Use Controls In the following schedules, l etter designations are used as fo llows : "P" designates use classifications permitted in MU-TC district. "PC" designates u se cl assifications permitted on approval of a conditional u se p ermit by the Planning Commission. "ZA" designates u se classifications permitted on approval of a conditional use permit by the Zonin g Administrator. "Neighb orh ood Notifiction" refers to u se classifications that require a n Administrative Pe1mit by the Director. Use classifications that are n ot listed are prohibited. Letters in p a rentheses in the "Additional Provisions" column refer to provisions fo llowing the schedule or located elsewhere in the Zoning Ordinance. Where letters in parenthese s are opposite a use cl assification heading, reference d provisions shall apply to all u se classifica tions under the heading. MU-TC District: Land Use Controls P = P ermitted PC = Conditional use permit approved by Planning Commission ZA = Conditional u se permit approved by Zoning Administrator Land Use Controls Additional Provisions Residential Uses (A)(I) Multifamily Residentia l PC Public and Semipublic Uses (A) Clubs and Lo d ges Z A Day Care , General ZA Day Care, Large Family p (C) Government Offices p Public Safety Facilities p Religious Assembly ZA Schools, Public o r Private P C Commercial Uses (A)(H)(I) Artists' Studios p 183 Banks and Savings & Loans p Catering Services p Drug Stores/Pharmacy p Eating and Drinking p Establishments w/ Alcohol ZA (B)(C) w/ Live E nte1tainment ZA w/Dancing PC (D ) w/ Outdoor Dining ZA (C)(E) Food and Beverage Sales p w/ Alcohol Beverage Sales ZA (B) Office, Business and p Professional Park and Recreational p Facilities Parking PC (F) Personal Enrichment Services p (C) Personal Services p Retail Sales p (G) Visitor Accommodations P C MU-TC District: Additional Provisions (A) All projects in this district s hall have both residential and nonresidential components. At least 50% of the building fronting public streets at the ground level shall be n onresidentia l uses. At least 50% of the project shall be r esidential uses. (B) The fo llowing businesses propos ing to sell a lcoholic beverages fo r on-site or off-site consumption are exempt from the conditional use pe1mit process: (1) Retail markets w ith no more than 10% of the flo or area devoted to sales, display and st orage of alcoholic beverages provided the sale of alcoholi c beverages is not in conjunctio n w ith the sale of gasoline or oth er motor vehicle fuel ; (2) F lorist sh ops offerin g the sale of a bottle of an alcoholic beverage together with a floral arrangement. (C) Neighborhood notification requirements pursuant to Chapter 241. (D) See al so Chapter 5.28 , Dancing Halls, and Ch apter 5.44, Restaurants-Amusement and En te1tainment Premises. (E) Outdoor dining with alcohol sales shall be permitted with a con d itional use permit to the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less sh all be p e1mitted w ith an administrative pe1mit. If over 400 square feet with no alcoho l sales , neighborhood notification shall b e required pursuant to Chapter 241. 184 (F) Stand-alone or other permanent parking structures not ancillary to the pe1mitted u ses listed above. Must demonstrate necessity of use and comply with the requirements in Section 23 1.18(G) (Parking Structures). (G) See Section 230.94, Carts and Kiosks. (H) Development of vacant land or additions of 10,000 square feet or more in building floor area; or additions equal to or greater than 50% of the existing building's floor area requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed project to the Zoning Administrator if the proposed project has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (I) Projects within 500 feet of a PS District; see Chapter 244. 185 ORDINANCE NO. 4312 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 SITE STANDARDS OF THE HUNTINGTON BEACH ZONING CODE AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 23-002) 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. 23-002, which amends Chapter 230 of the Huntington Beach Zoning and Subdivision 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 does hereby ordain as follows: SECTION I. That Chapter 230.08 of the Huntington Beach Zoning Code is hereby amended to read as follows: 230.08 Accessory Structures For purposes of applying these provisions, accessory structures are inclusive of minor accessory structures, except where separate provisions are provided in this section. A. Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction. B. Location. Except as provided in this section, accessory structures shall not occupy a required front, side or street side yard or court. An accessory structure shall be set back five feet from the rear property line except no setback is required for accessory structures, excluding garages and carports, which abut an alley. 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: I. 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; 24-14077331923 186 ORDINANCE NO. 4312 3. Minor accessory structures over eight-foot 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 prope1iy. The screening shall be provided by the prope1iy owner installing the minor accesso1y 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. ~-WU- C. Maximum Height. Fifteen feet, except a detached garage for a single-family or multi- family dwelling may exceed the maximum height when it is designed to be architecturally compatible with the main dwelling and does not include habitable floor area. D. Maximum Size in RL District. In an RL District, the total gross floor area of accessory structures, including garages, more than four feet in height that are not attached to a dwelling shall not exceed 600 square feet or 10% of lot area, whichever is more. E. Patio Covers. A patio cover open on at least two sides and complying with all other provisions of this subsection may be attached to a principal structure or detached provided a five- foot clearance from the post/wall to side and rear prope1iy lines is maintained. A patio cover must comply with the minimum front yard setback. F. Decks. A deck 30 inches or less in height may be located in a required yard. 24-14077/331927 2 187 ORDINANCE NO. 4312 G. Separation. The distance between buildings on the same lot shall not be less than IO feet. The minimum separation between a detached solid patio cover post/wall and a building on the same lot is six feet. The minimum separation between a detached open lattice/trellis patio cover on a permanent foundation and building may be less than six feet. The minimum separation from eave to eave shall be one foot subject to building code requirements. SECTION 2. That Chapter 230.12 of the Huntington Beach Zoning Code is hereby amended to read as follows: 230.12 Home Occupation in R Districts A. Permit Required. A home occupation in an R district shall require a business license. If the home occupation involves instruction and/or service, e.g., music lessons, beauty shop, swimming lessons or other similar uses as determined by the Director, then an administrative permit is required subject to Neighborhood Notification in compliance with Chapter 241. The Director shall approve the permit upon determining that the proposed home occupation complies with the requirements of this section. B. Contents of Application. An application for a home occupation permit shall contain: I. The name, street address, and telephone number of the applicant; 2. A complete description of the proposed home occupation, including number and occupation of persons employed or persons retained as independent contractors, amount of floor space occupied, provisions for storage of materials, and number and type of vehicles used. 3. For home occupations involving instruction and/or service, Neighborhood Notification shall be required in compliance with Chapter 241. C. Required Conditions. Home occupations shall comply with the following conditions: I. A home occupation shall be conducted entirely within one room in a dwelling, with the exception of swimming lessons. No outdoor storage shall be permitted. Garages shall not be used in connection with such business except to park business vehicles. 2. No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors. 3. There shall be no display of merchandise, projects, operations, signs or name plates of any kind visible from outside the dwelling. The appearance of the dwelling shall not be altered, nor shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a nomesidential purpose, whether by colors, materials, construction, lighting, windows, signs, sounds or any other means whatsoever. 24-14077/331927 3 188 ORDINANCE NO. 4312 4. A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood. 5. No commercial vehicle or equipment used in conjunction with the home occupation shall be parked overnight on an adjacent street or in any yard visible from the street. 6. No motor vehicle repair for commercial purposes shall be permitted. 7. A home occupation shall not include an office or salesroom open to visitors, and there shall be no advertising of the address of the home occupation. 8. Where a home occupation involves swimming instruction in an outdoor swimming pool, each swimming class shall be limited to four students, and no more than two vehicles shall be used to transpmi students to such classes. 9. Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of this Code. The permit for a home occupation that is not operated in compliance with these provisions, and/or all conditions of an administrative permit, shall be revoked by the Director after 30 days written notice unless the home occupation is altered to comply. 10. No renting out the premises for commercial purposes, e.g. parties, commercial filming activities, or other similar activities shall be permitted, SECTION 3. That Chapter 230.68 of the Huntington Beach Zoning Code 1s hereby amended to read as follows: 230.68 Building Projections Into Yards Projections into required yards shall be permitted as follows: Allowable Projections in Feet• Street Side Front Yard Side Yard Yard Rear Yard Fireplace or chimney 2.5 2.5" 2.5 2.5 Cornice, eaves and ornamental features 3 2.5" 3 3 Mechanical equipment 2 2" 2" 2 Uncovered porches, terraces, platforms, 6 3 4 5 subterranean garages, decks, and patios not more than 3 feet in height serving only the first floor Stairs, canopies, awnings and uncovered 4 2" 4 4, porches more than 3 feet in height Bay windows 2.5 2.5" 2.5 2.5 Balconies 3 2" 3 3 24-14077/331927 4 189 ORDINANCE NO. 4312 Notes: a No individual projection shall exceed 1/3 of the building length, and the total of all projections shall not exceed 2/3 of the building length on which they are located. Eaves are not subject to these limitations. b A 30-inch clearance from the property line shall be maintained. SECTION 4. That Chapter 230.88 of the Huntington Beach Zoning Code is hereby amended to read as follows: 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B, C and D are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as specified. A. Permitted Fences and Walls. 1. Fences or walls a maximum of 42 inches in height may be located in any p01iion of a lot. Fences or walls exceeding 42 inches in height may not be located in the required front yard, except as permitted elsewhere in this section. 2. Fences or walls a maximum of eight feet in height may be located in required side and rear yards, except as excluded in this section. Fences or walls exceeding eight feet in height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in which they are located. Fences or walls exceeding six feet in height or extensions to existing walls shall require submittal of engineering calculations to the Building and Safety Division. a. Fences and walls located adjacent to arterials along the rear and/or street side yard property lines, and behind the front setback, may be constructed to a maximum total height of eight feet including retaining wall with the following: i. The proposed building materials and design shall be in conf01mance with the Urban Design Guidelines. ii. The property owner shall be responsible for the care and maintenance of landscape area(s) and wall(s) and required landscape area(s). 111. Approval from Public Works Department. 24-14077/331927 5 190 ORDINANCE NO. 4312 b. Exception. A maximum two-foot lattice extension (wood or plastic) that is substantially (minimum 50%) open may be added to the top of the six foot high wall or fence on the interior property line without building permits. 3. Fences or walls in the rear yard setback area of a through lot shall not exceed 42 inches in height. This subsection shall not apply to lots abutting arterial highways. 4. Retaining walls shall comply with the following: a. Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. b. Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two feet or less or protects a cut below the existing grade, such retaining wall may be topped with a six-foot decorative masomy wall. The maximum height of the wall, including retaining wall, shall not exceed eight feet. c. Where a retaining wall is on the property line of a rear yard abutting a local street, the maximum retaining wall height shall be 24 inches as measured from the adjacent curb and may be topped with a maximum 18-inch decorative wall or fence for a total height of 42 inches. d. 1. The maximum height of a retaining wall on the front property line shall be 36 inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a maximum 42-inch high wall or fence may be erected above the retaining wall with a minimum three-foot setback from the front property line. ii. In the RMH-A subdistrict, the maximum height of a retaining wall on the front property line shall be 18 inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a second retaining wall up to 18 inches in height may be erected above the 18-inch high retaining wall with a minimum three-foot front setback. A wall or fence up to 42 inches in height may be erected on top of the retaining wall with the minimum three-foot front setback (see exhibit below). 24-14077 /331927 6 191 ORDINANCE NO. 4312 Lantlrctpmg Fwnt ------JI.! m«>ffl' .... ll:4 i l Building' i Si.dr.ru.\J.\k,'Pukw2.y Mu:.Ur e. Retaining wall and fence combinations over eight feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence. f. Retaining wall and fence combinations over eight feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence. 5. The height of any fence, wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb. All other fence heights shall be measured from existing grade. 6. In the industrial districts, nine-foot-high fences may be permitted in the side and rear setbacks up to the front building line. 7. Deviations from the maximum height requirements for walls as prescribed by this section may be permitted subject to an approval of Conditional Use Permit by the Zoning Administrator. 8. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore. B. Required Walls. I. When office, commercial or industrial uses abut property zoned or used for residential, a minimum six-foot-high solid six-inch concrete block or masomy wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection 24-14077 /33 l 927 7 192 ORDINANCE NO. 4312 from vehicle damage shall be provided. The maximum fence height shall be eight feet at the common property line. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six-inch-wide decorative masonry block, and designed with landscape pockets at 35-foot intervals along the street side sufficient in size to accommodate at least one 15-gallon tree. C. Visibility. 1. On reverse corner lots and corner lots abutting an alley, no fence, wall or hedge greater than 42 inches in height may be located within the triangular area formed by measuring 10 feet from the intersection of the rear and street side property lines (see Diagram C). 2. On corner lots, no fence, wall, landscaping, berming, sign, or other visual obstruction between 42 inches and seven feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring 25 feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven feet shall be permitted (see Diagram A). 3. Visibility of a driveway crossing a street or alley prope1ty line or of intersecting driveways shall not be blocked between a height of 42 inches and seven feet within a triangular area formed by measuring 10 feet from intersecting driveways or street/alley and driveway except in situations where the garage is constructed with less than a 10-foot setback from the alley right-of-way. In those situations the measurement of the visibility triangle shall statt at each corner or side of the garage door, measured perpendicular to the rear property line, then measured IO feet away from the edge of the garage door and parallel to the rear property line (typically the alley right-of-way). The maximum height of any structures or landscaping within this triangular zone shall be 42 inches high (see Diagram D). 24-14077/331927 8 193 10' 10' 24-14077 /33 l 927 Diagram A -··-··-l·-~· Street/Alley Diagram B 9 ORDINANCE NO. 4312 194 Pl Pl 24-14077/331927 COO.'tRtCT A.l<Jlllt~AU£Y HEIGHT MEASUREMENT Of FENCE OR WAll DiagramC 5ft. PL Diagram D 10 ORDINANCE NO. 4312 ' 195 ORDINANCE NO. 4312 SECTION 5. This ordinance shal l become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of ______ ., 2024. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 24-14077/331927 I I 196 Chapter 230 230.08 Accessory Structures LEGISLATIVE DRAFT HBZC CHAPTER 230 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 consh·uction 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 st reet side yard or court. An accessory sh·ucture shall be set back five feet from the rear property line except no setback is required for accessory structures, excluding garages and carp01is, which abut an alley. 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 l ocated in a required side yard; 3. Minor accessory structures over eight-foot 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 f01mations shall be set back one foot from the side and/or rear property lines for each foot ofrock formation height, maximum five-foot setback required . 197 • I 777/77 I lt-61'4-r ,--,. I . -i;~i-· t; .,..::p. C. Maximum Height. Fifteen feet, except a detached garage for a single-family or multi- family dwelling may exceed the maximum height when it is designed to be architecturally compatible with the main dwelling and does not include habitable floor area. D. Maximum Size in RL District. In an RL District, the total gross floor area of accessory structures, including garages, more than four feet in height that are not attached to a dwelling shall not exceed 600 square feet or 10% of lot area, whichever is more. E. Patio Covers. A patio cover open on at least two sides and complying with all other provisions of this subsection may be attached to a principal structure or detached provided a five-foot clearance for the post/wall to all-side and rear property lines is maintained. A patio cover must comply with the minimum front yard setback. 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. The minimum separation between a detached solid patio cover post/wall and a building on the same lot is six feet. The minimum separation between a detached open lattice/trellis patio cover on a permanent foundation and a building may be less than six feet. The minimum separation from eave to eave shall be one foot subject to building code requirements. 198 230.12 Home Occupation in R Districts A. Permit Required. A home occupation in an R district shall require a business license heme occupation permit, obtained by filing a completed application fonn with the Director. If the home occupation involves instruction and/or service, e.g., music lessons, beauty shop, swimming lessons or other similar uses as determined by the Director., then an administrative permit is required subject to Neighborhood Notification in compliance with Chapter 241. The Director shall approve the permit upon determining that the proposed home occupation complies with the requirements of this section. B. Contents of Application. An application for a home occupation pe1mit shall contain: 1. The name, street address, and telephone number of the applicant; 2. A complete description of the proposed home occupation, including number and occupation of persons employed or persons retained as independent contractors, amount of floor space occupied, provisions for storage of materials, and number and type of vehicles used. 3. For home occupations involving instruction and/or service, Neighborhood Notification shall be required in compliance with Chapter 241. C. Required Conditions. Home occupations shall comply with the following conditions : 1. A home occupation shall be conducted entirely within one room in a dwelling, with the exception of swimming lessons. No outdoor storage shall be permitted. Garages shall not be used in connection with such business except to park business vehicles. 2. No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors. 3 . There shall be no display of merchandise, projects, operations, signs or name plates of any kind visible from outside the dwelling. The appearance of the dwelling shall not be altered, nor shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a nonresidential purpose, whether by colors, materials, construction, lighting, windows, signs, s ounds or any other means whatsoever. 4. A home occupation s hall not increase pedestrian or vehicle traffic in the neighborhood. 5. No commercial vehicle or equipment used in conjunction with the home occupation shall be parked overnight on an adjacent street or in any yard visible from the street. 6. No motor vehicle repair for commercial purposes shall be permitted. 199 7. A home occupation shall not include an office or salesroom open to visitors, and there shall be no advertising of the address of the home occupation. 8. Where a home occupation involves swimming instruction in an outdoor swimming pool, each swimming class shall be limited to four students, and no more than two vehicles shall be used to transpmt students to such classes. 9. Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of this Code. The permit for a home occupation that is not operated in compliance with these provisions, and/or all conditions of an administrative permit, shall be revoked by the Director after 30 days written notice unless the h ome occupation is altered to comply. 10. No renting out of the premises for commercial purposes, e .g. patties, commercial filming activities, or other similai· activities shall be permitted. 230.68 Building Projections Into Yards and Ceurts Projections into required yards and courts shall be permitted as follows: Allowable Projections in Feet3 Street Side Front Yard Side Yard Yard Rear Yard Fireplace or chimney 2.5 2.5 b 2.5 2.5 Cornice, eaves and ornamental features 3 2 .5b 3 3 Mechanical equipment 2 2b 2b 2 Uncovered porches, terraces, platforms, 6 3 4 5 subterranean garages, decks, and patios not more than 3 feet in height serving only the first floor Stairs, canopies, awnings and uncovered 4 2b 4 4b porches more than 3 feet in height Bay windows 2.5 2.5 b 2.5 2 .5 Balconies 3 2b 3 3 Go•1ered f)atios 0 0 ~· ~ Notes: a No individual projection shall exceed 1/3 of the building length, and the total of all projections shall not exceed 2/3 of the building length on which they are located. Eaves are not sub ject to these limitations . b A 30-inch clearance from the prope1ty line shall be maintained. No fJrojection shall eJ,tend more than 1/2 the 1width of the street side yard. 200 230.88 Fencing and Yards No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B, C and D are hereby adopted to illustrate the provisions ohhis chapter. Where any discrepancy occurs between the diagrams and the printed text , the text shall prevail. Yards and fencing s hall comply with the following criteria in all districts or as specified. A. Permitted Fences and Walls. 1. Fences or walls a maximum of 42 inches in height may be located in any portion of a lo(;, eJccept screen 1.vall s on lots in the RMH A subdistrict shall be set back a minimum of three feet from the front property line . Fences or walls exceeding 42 inches in height may not be located in the required front yard , except as permitted elsewhere in this section. 2 . Fences or walls a maximum of SHf ,cightfeet in h eight may be located in required side and rear yards , except as excluded in this section. Fences or walls exceeding SHf eight feet in height may be located in conformance with the yard requirements applicable to the main strncture except as provided for herein or in the regulations of the di strict in which they are located . Fences or walls exceeding six feet in height or extensions to existing walls shall require submittal of engineering calculations to the Building and Safety Divsions. a. Fences and walls located adjacent to arterials along the rear and/or street side yard prope1ty lines, and behind the fro nt setback, may be constructed to a maximum total height of eight feet including r etaini ng wall with the following: i. The proposed building materials and design shall be in conformance with the Urban Design Guidelines. ii. EJ(tens ions to eJasting wall(s) shall r equire submittal of engineering calculations to the Building and Safety Deprntment. i-ih ii. The property owner shall b e responsible for the care and maintenance of landscape area(s) and wall(s) and required landscape area(s). iv-; iii . Approval from Public Works Depaitment. b. Exception. A m aximum two-foot lattice extension (wood or plastic) that is substantially (minimum 50%) open may be added to the top of the six foot high wall or fence on the interior property line without building permits so long as n otification to the adjacent property owners is provided. 3. Fences or walls in the rear yard setback ai·ea of a through lot shall not exceed 42 inches in height. This subsection shall not apply to lots abutting aiterial highways. 201 4. In the RL Distriet, garden or wing walls or fenees eqtml in height to the first floor double plate, but not eirneeding nine feet, vkieh are perpendieular to and entirely 'Nithin a side yard may be eonstrueted to the interior side property line and to within five feet of the ei,terior side prope1ty line provided they are equipped with a three foot gate or aeeessway. 5. V.'hen residential property abuts open or publie land or property coned or used for offiee, eommereial, or industrial purposes, au eight foot high solid masonry or bloek wall may be eonstrueted on the eommon side or rear property line. 6. Only at the time of initial eonstruetion of the dwellings and in order to allow variations in the street seene in R districts, fenees or walls emeeeding 42 inehes in height may be permitted at a redueed front setbaek of sil, feet subjeet to plan review approval by the Direetor in eonformanee with the following eriteria: a. The redueed setbaek shall be only permitted for five or more eontiguous lots under the same ovmership. b. Sueh walls shall not eneroaeh into the visibility triangular area formed by measuring seven and one half feet along the driveway and l O feet along the front property line at their point of intersection. e. Sueh walls shall eonform to all other applieable provisions of this seetion. +. 4. Retaining walls shall comply with the following: a. Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. b. Where a retaining wall is on the property line of a rear yard abutting an aiterial or exterior side yard and contains a fill of two feet or less or protects a cut below the existing grade, such retaining wall may be topped with a six-foot decorative masonry wall. The maximum height of the wall. including retaining wall. shall not exceed eight feet. c. Where a retaining wall is on the property line of a rear yard abutting a local street, the maximum retaining wall height shall be 24 inches as measured from the adjacent curb and may be topped with a maximum 18-inch decorative wall or fence for a total height of 42 inches. d. 1. The maximum height of a retaining wall on the front property line shall be 36 inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a maximum 42-inch high wall or fence may be erected above the retaining wall with a minimum three-foot setback from the front property line. 202 ii. In the RMH-A subdistrict, the maximum height of a retaining wall on the front property line shall be 18 inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a second retaining wall up to 18 inches in height may be erected above the 18-inch high retaining wall with a minimum three-foot front setback. A wall or fence up to 42 inches in height may be erected on top of the retaining wall with the minimum three-foot front setback (see exhibit below). i l'RIIII -..i lllCDldvli:.o : I i T;mdV:ilping ! * See mmdmum building height in Chapter 210. Bmldillg+ e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the Director. f. Retaining wall and fence combinations over eight feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence. &. 5. The height of any fence, wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb. All other fence heights shall b e measured from existing grade. 9. Any fence or 1.vall located on the front property line shall be approved by the Department of Public Works. -1-0. 6. In the industrial districts, nine-foot-high fences may be permitted in the side and rear setbacks up to the front building line subject to plan review approval by the Director. -l-h 7. Deviations from the maximum height requirements for walls as prescribed by this section may be permitted subject to an approval of Conditional Use Permit by the Zoning Administrator. 203 -1-±. 8. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore. B. Required Walls. 1. When office, conunercial or industrial uses abut property zoned or used for residential, a minimum six-foot-high solid six-inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection from vehicle damage shall be provided by a methed appreved by the Direeter. The maximum fence height shall be eight feet at the common property line, subjeet to the same design standards and setbaek requirements as speeified fur sil[ fuot hlgh fences. 2. Industrial screening walls abutting arterial highways shall be architecturally compatible with suITounding properties, constructed of a minimum six-inch-wide decorative masonry block, and designed with landscape pockets at 35-foot intervals along the street side sufficient in size to acconunodate at least one 15-gallon tree. AppreYal by the Direetor shall be reqtiired prior to eonstmetien of sueh walls. C. Visibility. 1. On reverse comer lots and comer lots abutting an alley, no fence, wall or hedge greater than 42 inches in height may be located within the triangular area formed by measuring I 0 feet from the intersection of the rear and street side property lines ( see Diagram C). 2. On comer lots, no fence, wall, landscaping, henning, sign, or other visual obstruction between 42 inches and seven feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring 25 feet from the intersection of the front and street side prope1iy lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven feet shall be pe1mitted (see Diagram A). 3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of 42 inches and seven feet within a triangular area fmmed by measuring IO feet from intersecting driveways or street/alley and driveway except in situations where the garage is constructed with less than a IO-foot setback from the alley right-of-way. In those situations the measurement of the visibility triangle shall stati at each corner or side of the garage door, measured perpendicular to the rear property line, then measured 10 feet away from the edge of the garage door and parallel to the rear property line (typically the alley right-of-way). The maximum height of any structures or landscaping within this triangular zone shall be 42 inches high (see Diagram D). 204 10' Diagram A Street/ Alley Diagram B 205 ~lOI COODtOl • • ' KO:JG.HtOf HEIGHT MEAStllfMENt Of FENCE OR WAU DiagromC 100 10ft Pl 5ft. to H) ft G.:1rage 5ft Pl Pl Diagram D 206 ORDINANCE NO. 4313 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 231 OFF-STREET PARKING AND LOADING PROVISIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 23-002) 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. 23-002, which amends Chapter 231 of the Huntington Beach Zoning and Subdivision 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 does hereby ordain as follows: SECTION 1. That Chapter 231 of the Huntington Beach Zoning Code is hereby amended to read as follows: 231.02 Basic Requirements for Off-Street Parking and Loading A. When Required. At the time of initial occupancy of a site, construction of a structure, or major alteration or enlargement of a site or structure, off-street parking facilities and off-street loading facilities shall be provided in accord with this chapter and parking area landscaping shall be provided in accord with Chapter 232. For the purposes of these requirements, "major alteration or enlargement" shall mean a change of use, an expansion of greater than 50% of the existing space in a non-residential building or an addition of bedrooms or units in a residential building. A change in occupancy that does not involve a change in the use classification is not considered a change in use for purposes of this requirement unless the change in occupancy involves an intensification of use or an increase in parking demand. B. Nonconforming Parking or Loading. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this chapter, provided that facilities being used for off-street parking and loading as of the date of adoption of this chapter shall not be reduced in number to less than that required by this chapter. Expansion of a use with nonconforming parking shall be subject to the following requirements: 1. A multifamily residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion complies with current standards contained in this chapter; 24-14077331939 207 ORDINANCE NO. 4313 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 dete1111ining 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 2.3 l .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 Owuership. Parking facilities required by this chapter shall be on the same site as the use served, except that an adjacent lot may be used which is in the same person's possession as the structure or use. Such possession may be by deed or long-term lease, approved as to form by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. No use shall be continued if the parking is removed from the adjacent lot unless substitute parking is provided. Parking facilities provided by a parking district or parking authority are not subject to these locational requirements. 1. Parking in Yards in R Districts. The parking of motor vehicles, trailers, campers and boats shall be prohibited on all landscaped areas within the front one-half of the lot except as provided below. a. Oversized vehicles (see Chapter 203, Definitions), campers, trailers and boats on trailers may be parked on the paved driveway area or on a paved area between the driveway and the nearest side property line provided that they do not project over any prope1ty 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. 24-14077/331939 2 208 ORDINANCE NO. 4313 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 artedal 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. Space Efficient Parking. Space is parking in which vehicles are stored and accessed by mechanical stackers or lifts. Parking spaces may be space efficient as described below. 1. Applicability. Space efficient parking may be used in single family residential, commercial, and industrial developments subject to the requirements of this section. Except as otherwise specified in a specific plan, the following standards shall apply. 2. Mechanical Parking Systems a. Single Family Residential -Surplus parking may be stored and accessed by mechanical slackers/lifts. These projects are exempt from Conditional Use Permit and attendant requirements. b. Commercial/Industrial -Up to 20% of the required on-site parking may be provided by mechanical stackers/lifts with an attendant upon approval of a Conditional Use Permit by the Zoning Administrator. 21 %-40% of the required on-site parking may be provided by mechanical stackers/lifts with an attendant upon approval of a Conditional Use Permit by the Planning Commission. The request shall include information about the proposed parking operations and other information determined to be necessary. c. Mechanical stacker/lift parking systems shall not result in queuing into any public right-of-way. The applicant shall prepare a technical study comparing expected traffic-intensity with parking system capacity to determine the amount of short-term parking needed, if any, to mitigate the potential impacts from users seeking sh01i-term parking. At minimum, the study shall address peak parking demand, the number of vehicles entering and exiting the facility, the cycle time of the parking system, how the system is accessed, queuing space, the number of attendants available, and the amount of short-term parking spaces available. 24-14077/331939 3 209 ORDINANCE NO. 4313 d. Mechanical Parking Design. All mechanical parking shall be enclosed. In commercial and industrial developments, they shall be designed to be consistent with Section 231.18.G, Parking Structures and the following standards. 1. Screening. Except for required ingress and egress, mechanical parking systems shall be screened on all sides and shall be fully enclosed. 11. Height. No more than one vehicle may be stacked over another parked vehicle. n1. Design Review. Except for single family residential, mechanical parking systems, including enclosures, shall be subject to Design Review. The enclosure for any mechanical parking system shall be compatible in design with the principal building on the subject parcel. 1v. Noise Attenuation. All equipment shall be sound attenuated to comply with the noise standards in Chapter 8.40 Noise Control of the Huntington Beach Municipal Code. If the power generating equipment cannot be isolated from the mechanical system, full enclosure of the mechanical parking systems and parked vehicles shall be required. e. Signage. Parking spaces shall have signage clarifying operations of the spaces to users. 3. Operations. a. Covenant for Operation. A "Covenant and Agreement Regarding Maintenance of Mechanical Parking System" shall be recorded with the Orange County Clerk Recorder's office to ensure the vehicle parking system is maintained in operable condition at all times. The covenant shall be recorded prior to final building inspection. b. Generator. Mechanical stackers or lifts shall be equipped with an on-site generator with sufficient capacity to store and retrieve cars if or when the electrical power is down. c. Manual Override. Mechanical stacker or lifts shall provide manual oven-ide capability to access or remove cars from the parking lift in the event of a power outage. d. Covenant for Attendant. A "Covenant and Agreement to Provide Parking Attendant" shall be recorded with the Orange County Recorder's office when a parking attendant is required. The covenant shall be recorded prior to final building inspection. H. 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. 24-14077/331939 4 210 ORDINANCE NO. 4313 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. SECTION 2. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of _______ , 2024 . Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager '11'6eto'r of Community Development 24-14077 /331939 5 211 LEGISLATIVE DRAFT HBZC CHAPTER 231 Chapter 231 231.02 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 s ite 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 pm-poses 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 u se for purposes of this r equirement 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 shaJl be deemed to be nonconforming solel y because of the lack of off-street parking or l oading 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 l ess than that required by this chapter. Expansion of a use with nonconforming parking shall be s ubject to the following requirements: 1. A multifamily residential use with nonconforming parking m ay be expanded by adding bedrooms or additional units provided that the expansion complies with current s tandards contained in this ch apter; 2. A singl e-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 nomesidential u se with nonconforming parking may be expanded less than 50% of the existing square footage or intensified if additional parking i s provided for the expansion or intensification. Expansions of 50% or more of the existing square footage r equire the site to be in total compliance with t he cwTent parking standards contained in this chapter. C. Spaces Required for Alteration or Enlargement. The number of parking spaces or l oading 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, e nlargement, or change of occupancy unless the preexisting number is greater than the nwnber prescribed in this chapter. In this case, the number of spaces in excess of the prescribed minimum shall be counted in determining the r equired number of parking or l oading 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 lo ading spaces to be provided sh a ll be equ a l to the sum 212 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 23 1.06(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-te1m lease, approved as to fonn by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. No use shall be continued if the parking is removed from the adjacent lot unless substitute parking is provided. Parking facilities provided by a parking district or parking authority are not subject to these locational requirements. 1. Parking in Yards in R Districts. The parking of motor vehicles, trailers, campers and boats shall be prohibited on all landscaped areas within the front one-half of the lot except as provided below. a. Oversized vehicles (see Chapter 203, Definitions), campers, trailers and boats on trailers may be parked on the paved driveway area or on a paved area between the driveway and the nearest side property line provided that they do not project over any property line and that the area is kept free of trash, debris and pa1ts. 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 aiterial highways or two local streets, access shall be subject to the approval of the Director of Public Works. 4. Nomesidential Parking in R Districts. Nomesidential pmking 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 pai·king space or loading space shall be required. 213 G. Space Efficient Space is parking in which vehicles are stored and accessed by mechanical stackers or lifts. Parking spaces may be space efficient as described below. 1. Applicability. Space efficient parking may be used in single family residential. commercial. and industrial developments subject to the requirements of this section. Except as otherwise specified in a specific plan. the following standards shall apply. 2. Mechanical Parking Systems a. Single Family Residential -Surplus parking may be stored and accessed by mechanical stackers/lifts. These projects are exempt from Conditional Use Permit and attendant requirements. b. Commercial/Industrial Up to 20% of the required on-site parking may be provided by mechanical stackers/lifts with an attendant upon approval of a Conditional Use Permit by the Zoning Administrator. 21 %-40% of the required on-site parking may be provided by mechanical stackers/lifts with an attendant upon approval of a Conditional Use Permit by the Planning Commission. The request shall include infom1ation about the proposed parking operations and other information dete1mined to be necessary. c. Mechanical stacker/lift parking systems shall not result in queuing into any public right-of-way. The applicant shall prepare a technical study comparing expected traffic-intensity with parking system capacity to determine the amount of short-term parking needed. if any. to mitigate the potential impacts from users seeking short-term parking. At minimum. the study shall address peak parking demand. the number of vehicles entering and exiting the facility. the cycle time of the parking system. how the system is accessed, queuing space. the number of attendants available, and the amount of short-term parking spaces available. d. Mechanical Parking Design. All mechanical parking shall be enclosed. In commercial and industrial developments. they shall be designed to be consistent with Section 231.18G. Parking Strnctures and the following standards. i. Screening. Except for required ingress and egress. mechanical parking systems shall be screened on all sides and shall be fully enclosed. ii. Height. No more than one vehicle may be stacked over another parked vehicle. iii. Design Review. Except for single family residential. mechanical parking systems. including enclosures. shall be subject to Design Review. The enclosure for any mechanical parking system shall be compatible in design with the principal building on the subject parcel. 214 3. e. iv. Signage. Parking spaces shall have signage clarifying operations of the spaces to users. Signage. Parking spaces shall have signage clarifying operations of the spaces to users. Operations a. Covenant for Operation. A "Covenant and Agreement Regarding Maintenance of Mechanical Parking System" shall be recorded with the Orange County Clerk Recorder's office to ensure the vehicle parking system is maintained in operable condition at all times. The covenant shall be recorded prior to final building inspection. b. Generator. Mechanical stacker or lifts shall be equipped with an on-site generator with sufficient capacity to store and retrieve cars if or when the electrical power is down. c. Manual Override. Mechanical slackers or lifts shall provide manual ove1Tide capability to access or remove cards from the parking lift in the event of a power outage. d. Covenant for Attendant. A "Covenant and Agreement to Provide Parking Attendant" shall be recorded with the Orange County Recorder's office when a parking attendant is required. The covenant shall be recorded prior to final building inspection. ,,,H"'.-=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. 215 ORDINANCE NO.4314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 241 CONDITIONAL USE PERMITS AND VARIANCES - TEMPORARY USE PERMITS -WAIVER OF DEVELOPMENT ST AND ARDS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 23-002) 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. 23-002, which amends Chapter 241 of the Huntington Beach Zoning and Subdivision 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 does hereby ordain as follows: SECTION 1. That Chapter 241.22 of the Huntington Beach Zoning Code is hereby amended to read as follows: 241.22 Waiver of Development Standards A. Standards Which Can Be Waived. An Administrative Permit by the Director may waive development standards for setbacks, open space, separation between buildings, height of buildings or fences, site coverage and landscaping without a conditional use permit or a variance, only if he or she finds that such a waiver improves project design and does not exceed 10% deviation. No other standards shall be subject to this waiver provision. B. Time Limit. A waiver shall become null and void six months after date of approval. C. Extensions. A waiver shall not be extended for more than one year unless the applicant demonstrates that no circumstances relevant to the approval of the waiver, including other development in the neighborhood, have changed from the time of approval. D. Limitations. A waiver may not be granted if the waiver would in any way degrade the environment or result in any changes to classification of land use or density. Also, projects not otherwise subject to discretionary review (i.e., conditional use permit, variance, Coastal Development Permit, or subdivision approval) may not apply for waiver. E. Decisions and Appeals. The Director's decision may be appealed in accord with Chapter 248. The Director's decision shall be distributed to the City Council, Planning Commission, and Zoning Administrator within 48 hours of such decision. 24-14077/331946 216 ORDINANCE NO. 4314 SECTION 2. That Chapter 241.24 of the Huntington Beach Zoning Code is hereby amended to read as follows: 241.24 Neighborhood Notification When no entitlement is required and the use requires such notification as stated in the Zoning and Subdivision Ordinance or Downtown Specific Plan, the review and approval process shall include an Administrative Permit and notification to property owners and tenants within a 300- foot radius of the subject property. Notification requirements are as follows: A. Notification. Ten calendar days prior to submittal for a building permit or certificate of occupancy or approval for initial establishment of the use, the applicant shall notice property owners and tenants by first class mail. B. Notice of application shall include the following: 1. Name of applicant. 2. Location of planned development or use, including address (map is optional). 3. Complete description of the proposed development or use such that there is full disclosure in the notice. 4. The Community Development Department phone number and address of City Hall where plans may be reviewed. 5. The date by which any comments must be received in writing by the Community Development Department and City appeal procedures. 6. The Community Development Department shall receive entire list including name and address of those receiving the mailing. C. Notice of Action. The Director's decision shall be made in writing with information regarding the appeal process and sent to the applicant and the City Council on the next business day and posted on the City's website. D. Appeals. The Director's decision may be appealed in accord with Chapter 248. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. 24-14077 /33 1946 2 217 ORDINANCE NO. 4314 PASS E D AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting the reof held on the __ day of ______ , 2024. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 24-14077 /3 3 1946 3 218 LEGISLATIVE DRAFT HBZC CHAPTER 241 Chapter 241 241.22 Waiver of Development Standards A. Standards Which Can Be Waived. An Administrative Permit b y t+he Director may waive development standards for setbacks, open space, separation between buildings, height of buildings or fences, site coverage and landscaping without a conditional u se p ermit or a variance, only if he or she finds that such a waiver improves project des ign and does not exceed 10% deviation. No other standard s shall be subj ect to thi s waiver provision. B . Time Limit. A waiver shall become null and void six months after date of approval. C. Extensions . A waiver shall not be extended for more than one year unless the applicant demonstrates that no circumstances relevant to the approval of the waiver, including other development in the neighborhood, have changed from the time of approval. D. Limitations. A waiver may not be granted if the waiver would in any way degrade the environment or result in any changes to classification of land u se or density. Also, projects not otherwise subject to discretionary review (i .e ., conditional use permit, variance, Coastal Development Permit, or subdivision approval) may not apply for waiver. E. Decisions and Appeals. The Director's decision may be appealed in accord with Chapter 248. The Director's d ecision shall be di stributed to the City Council, Planning Commission, and Zoning Administrator within 48 hours of such decision. 241.24 Neighborhood Notification When no entitlement is required and the use requires such notification as stated in the Zoning and Subdivision Ordinance or Downtown Specific Plan, the review and approval process shall include an Administrative Permit and notification to property owners and tenants within a 300- foot radius of the subject prope1ty. Notification requirements are as follows: A. Notification. Ten working calendar days prior to submittal for a building permit or certificate of occupancy or approval for initial establishment of the u se, the applicant shall notice property owners and tenants by first class mail. B . Notice of application shall include the following: 1. Name of applicant. 2. Location of planned development or u se, including address (map is optional). 219 3. Complete description of the proposed development or use such that there is full disclosure in the notice. 4. The Community Development Department phone number and address of City Hall where plans may be reviewed. 5. The date by which any comments must be received in writing by the Community Development Department and City appeal procedures. 6. The Community Development Depaiiment shall receive entire list including name and address of those receiving the mailing. C. Notice of Action. The Director's decision shall be made in writing with information regarding the appeal process and sent to the applicant and the City Council on the next business day and posted on the City's website. D. Appeals. The Director's decision may be appealed in accord with Chapter 248. 220 RESOLUTION NO. 2024-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AN AMENDMENT TO THE BEACH AND EDINGER CORRIDORS SPECIFIC PLAN (SP 14) (ZONING TEXT AMENDMENT NO. 23-002) WHEREAS, Zoning Text Amendment No. 21-007 is a request to amend Specific Plan No. 14 -Beach and Edinger Corridors Specific Plan (BECSP) to amend Section 2.5, Street Regulations, to provide flexibility for certain street improvements to property and businesses owners; and The proposed amendment to the BECSP is consistent with the adopted Land Use Element of the General Plan, and other applicable policies, and is compatible with surrounding development; and The amended BECSP will continue to enhance the potential for superior urban design in comparison with the development standards under the base district provisions that would apply if the Plan had not been adopted and amended; and The proposed amendments to the BECSP are justified by the compensating benefits of improved urban design; and Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 23-002; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council has determined 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 find, determine and resolve as follows: SECTION I: The foregoing recitals are all true and correct. SECTION 2: Zoning Text Amendment No. 23-002, amending the BECSP as set forth in and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein, is hereby adopted and approved. SECTION 3: This resolution shall become effective immediately after its adoption. 221 RESOLUTION NO. 2024-22 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of _____ , 2024. Mayor REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: ~~ r ATED A~D APPROVED Development ATTACHMENTS Exhibit A: ?TA No. 23 -002 Specific Plan No. 14 -Beach a nd Edinger Corridors Specific Plan 2 222 BECSP -SECTION 2.5 STREET REGULATIONS 223 2.5 Street Regulations (Page 45) Section 2.5.1.2 -Regulation Section 2.5.1.2.a.iii -General iii) In instances where existing street areas already contain Public Frontage of Thoroughfare features that are sufficiently similar to those required in the Plan and depending on the condition of !hose features, all or part of the required Street lmpro·1ements may be waived by the Public 1/Vorks Director. In instances where installation of required public frontage improvements as part of on-site construction are found to be impractical, the required improvements may be replaced within the private frontage, as approved the Director of Public Works and Community Development. Section 2.5.1.2.b.ii -Thoroughfare Improvements ii) Responsibility for and timing of the installation of Thoroughfare Improvements shall be determined by the Public VVorl<s Director done in conjunction with construction of the project. Section 2.5.1.2.c.ii -Public Frontage Improvements ii) In instances •,11here installation of required public frontage improvements as part of on site construction are found to be impractical for example in instances where the private frontage is particularly narrow or fragmented, the property Owner/Developer may request to the City that an in lieu fee be paid for the required public frontage improvements when they can be combined with those on adjacent properties or as part of a city sponsored street improvement program. If the city agrees, a cost estimate shall be submitted to the City by the developer for reviei.11 and acceptance. -I-ii ll) In instances where installation of required public frontage improvements require Classic Boulevard improvements and the proposed project has less than a full block of street frontage, the public frontage improvements may be phased in at a later date, subject to the approval of the Directors of Planning and Building and Public Works, provided that the buildings are sited to accommodate the public frontage improvements, i.e. setback. In the interim condition, the public frontage area shall be fully landscaped with minimal driveway openings. Section 2.5.1.4.ii.3 -Palm Tree Boulevard Specifications: Center Median (3) Clusters of three single-species, tall palm trees -Royslonea regia as approved by Caltrans-arranged roughly every thirty to thirty-five (30-35) feet. Trees to be uplit at night. 224 Section 2.5.1 .4.ii.a.1 -Palm Tree Boulevard Specifications: Typical Configuration (1) A minimum six (6) foot wide sidewalk separated from the back of curb by a four (4) foot continuous planter strip. Public frontage less than 1 O feet wide shall be completely paved. Section 2.5.1.5.a.i.1 -Parkway Specification: Typical Configuration (1) A minimum six (6) foot wide sidewalk separated from the back of curb by a seven and a half (7 ½) inch continuous planter strip with twelve (12) inch wide stamped concrete safety strip along the back of curb. Public frontage less than 15 feet wide shall include a minimum six (61 foot wide sidewalk separated by a landscape strip with remaining width. Landscape strip shall not be less than four (41 feet wide. Public frontages less than 10 feet wide shall be completely paved. 225 2,5 STREET REGULATIONS Tim scmo" ,;omains Rcgub\ion< and Guidc1i11e, for 111<0 impro,·cmcm, prod,;ion. ,:011figuration_ and dc<ign of mcc1s. !111pkrncntallDn of impro, cmcni,, m11urcd along '"'"""!-' ,,, . .,,, is also addressed in Book II! Pnbhc lmpro,·cmcms S1ree1 Rc1:u1J1io1,s a,c sot follh to c11<11re tllai sl!Ccls a,,d blocks 1hroug'1ou1 the Plan Area arc upgraded o•bm!t 11,U,thc quali1y and care ,1eccs.a,y 10 enhance the connccti,-,1,· ofsnects. 10 c1ca1c s:,k a,d aurnctiYc s1rcc!.lcap< cm•,ron1i,ent,;_ and to e11cour4gc walkmg Huoughom the plan aica as ii mtensffles ThcS1r,•e1 isdch11cda, the arc:, bet11cenback-of-sidcwalk lines !l mcludcs the mo,-,.,~ lanes. p:,,k,ng lanes and mcti1,1'1S as well ,,s 1ltc s,Je,,slk and ""Y s1dc\\alk la!5dscaJ)C ""'"' (sec Fog 2.S Conid~r Defouuon ofTct11'<) S1r«·I< """ be pnol,d:,. or pri, ate!\ owned ""d tP."im;,i.,cd All new sliccts wnhin the Pl;,n Aro,1. b,nh public aud pm;otc. skol! be desig,,cd aad configuI\Cd accordin3 10 the foliowin& ,cgubtior.s fig.2.S Corridor Definitions ofTerms 2.5.l Improvements to Existing Streets S1r,etscapc impro,·cmcnts io existing sl!ct:ls a,e requir,d to i•mmote tile tJJ>e of chaugc en\'ision<d by !he communi1y by pm, idmg "t1rnc1i, e and co1npa11blc c~ovironme!l!s for 11tc desired tJ'(>CS of new <1c,·clop,nc,11, ns well as ro, higl,!_,. ,ahu:d e,isting dc,clopmem. Tl1<0 design of specific ,1r,c!Scapc impm,·emC!llS " mtegralcd wnh tile co11fig11rntion of Cenlcrs ai,d Segments c,i.,blisl,cd m Fig. 2. ! . Corrido, Cen1crs and Segments Map Tlus,ootdiu:ttion rcs.,\1,; in1hc organi,nimnol streelscap< unprovcmcms 11110 1hree l"'""'I)' scgmcm impuwcmelll t)·pcs. "Clamc Bouk,·ard" impro,cmc!lls along Edinger A\'cnuc. "Palm Tn,c Boulev;ml imp,u,,•mcnts along Beach Bo"!cl ard nollh of Main Street and "P;ukway"' i,npro,emcms along l3each Foulcvard ,omh of Main S\rcc! Fuithcr demi! on the e~!em and 1mpkmen1ation ol s11cc1s,aµ,: unpro,·emc<lt, """ be found ,n Book Ill. Tl1e Thoroughfare" 1hc area between a s\1ttt's cttrbs 11 i,,cludcs tl,e mo,·ing !ouc,. parting lanes. and cemrnl 1"cd1aus ii) Public Fro,~age is the m~a hclllccn tl,e 1lmmughfa1c cum face and the b.10~-0H1de\\:tlk line, i"ch1drng t11e s1dc";,lk a1,d an;• s,de"a!k \andscaµ,: ,areas a, shown in F,g 2 5 Comdor DefiniuonofTcm,s. a) General i) lmpro, cmen1> to c.,is1inJ/ sir eel< are ,cquircd for each Corndo, Center a11d Sc~mcn1 "' specified ;., scclion 2 I -Dc\'clopmenl Sta11J"rds along all street fmntagcs ii) ii,) !n hmances where existmg strecl nrea, alread;-cO!llain l'ublic Frontage of Thoroughfare features that are ,nrnck>1llY similar to those rc(1u11ed in 1he Pim, ,md Qtpc1tding on the condition of !hose features, all or pall of the rc<1u11td Street lmpro\'euu:ms may be waiYed by lhc Publk Works Director. I i, toce ,., • proposed new de,·clopmen! w11h tl1e 11ma\la1io11 of ( ,e required tr,ot !mprovc>11enis, the propeny ow11er shall rcunburse the Ci1i· for the com of th.11 portion of ll1e ins1alla!ion along 1l1e length of the pm•mc propcny Fundi11~ mccharn,ms ,.,ch os a rc,mbnrscmcm agreement, Commnml) Facilities Districl. or oll><:r mecham,m 1n;1)· Ii<, co11<idercd \') In in<lall<"CS \\here 11cw strec!s must be co,is!ntcled -lhal is, in i11<tanccs where !heoc nre no exisung 11ublic front;,~e or thorougl,fore condmons - 111<0 p11bhc frontage and thornugltfare ",I! be i11<ta\lcd a, par\ of the req111red now succl sl;u\dards spccrficd in Section 2 S.2. Street Ty(>Cs (New Street Design). The dc1 e!op-cr w,ll be re,pousiblc for 11><: dcs,gn and co,mrncuon of lhc puh!ic frontage ,md tl1e tllotoughra,c alo"g ll1esc slreet.s v1) All de1·clopmcut Jpplica1ions shall dearly identify fire access mules sub;ccl 10 Fire Depanmcnl Ro\"icw. N,w. hewfoper,· mus/ n,r,,,.,,nce /lm1l'1,gl<m /Je<>ch Fir, {)ep~rlll!en! C'1)' Sp,•cijirnlwll a -IQ/ /.\/mmwm S!midarrls_{<w Fu--., ,lppamlr,s Ara.,.</ am/ CilySp~,·ifia,ll<>J> r.-1/5 (h,~ /.,me;· S,g,,.,g,, ,md ,\{ark.i•~-' 011 l'm•(!/e, llcsu!cl!/1<1/, (•,mmremal ,md /,,Ju.<lri"/ l'r<>p,,-,,.,.d {<,r Fire ,kccss 1/vad r<q11im11mls. b) Tlwrouglifare lmproi•ements iJ Tl,oroughfare lmprovcmc1~, along c,isiing sUtt!s from 111<0 focc of cmb lo the thornughfar, ccme,linc sk,11 be 1,aid for by tl,c clc,dopo, as i) The i11Sla!latoon of nc11· Pnbhc F10n1age lrnpro\'cmem, (from tl1e back- ii) In rn,1aucc; 11!,ere ms1alla1ionof,eqmrcd puhlic frontage nnprn,crncnts as p;,tt of 011-site comtructioi, are found to be i111pmc!kal -fore,ample ill i,manccs wl,c,e IIIC private fro•uage is pallicularl}' ,,arrow or frngmen1cd. ti~ pmpcn)· 011 ner/Dc,·clope, may rcq,ies1 lo t!1e City !hat an in-lieu fee Cc p:i,d for tl,e requjrcd pul>!ic homage imprmemcm, when IIIC)· can be comb11~d 1rnh 1ho.<c on udJaeem p,opctt,es 01 as pall of a c,1_1·--sp-onsored street 11npro,·c1nc111 progran,. lf tile my ag,ecs a co,1 cstunale shall be ,ubmincd lo lhe Ci1y b)' \l,c dc,clope, for re,·icw and acccpl,11\<"c "-~!•Ure' ClamC Dou\:;\'ard impro,emcnls and the pro1K1,od pro;ecl ha., less tha11a full block ofmtt! frontage, tl,e p\lb!ic frontage impro"cmrnts may be pl"1>ed in al a lalerdatc, subJccl to the appro,·al oftl~ Directors of Plaimlllg and B11ildmg and Pub he Wnrks, prov,<led tha! 1l•c buildmgs arc siled 10 accommodale the pl\blic fro!l!agc impro\'cme>1!S. i.e. setback [n 1l1e m1cri111 co1\di1iou, 111<0 pi>blic (roma~e arc., sliall be fully lm•dscapcd will, mirum.'11 driveway opening> d) Locatfog Jlack• of--Side,1'0/k i) All E~i.1Ung Suecl lmpm\'cmem diagr,m,s aro ins•;illed behind 1hc locallon of!hc focc ofcuIDcx,stmg ;,J 1he tin~ ofprop<:rl)' develop men! Therefore. tl,e loca1iou of tho back uf tlu: ncwli-u1<1~llcd si<lc11·a\k {!lie bad of tl•c sid<walk is furthest from !he cuth) is dctrnnine<l b)' adding up 1lic eitm-section di111e11<io11< of \he re~uired Pnbhc l'rnntagc lmprovemen1s in-hoard oftl,c c,imng face-of-cum 45 226 Classi!,._Boul,:iV8rd_ SiiCcifiClitjoW Class,c f:loulc\·ard rn1provcmc,us. thomughfare ,,.d public fromagc u,m! include the fol1011ing spccif,ca\ious (sec dingra,m1· 1) Thonm1'hCarrCm1Hmntim1· Three (J) through lanes ineachdin:c1ion. a fand.,mpcd center median with kfl mm 1>0dc1s al sdec1 mtcrsec1i011< (l) Curbed l;rndscsped mcdisn mth ,i, (6) inch curl>, ~nd twelve (ll) inch swmpcd conc,ctc safety stepping ,rrcas on both sides \2) !come double arm boulc,•,rrd-scak slrcc1 lightmg loc,11cd along ccmcTline of lhc median al approxtmate\y nintl)' (~U) fret on..:cn1or Li~l!! source should be loc,1lcd twcnty-fn·c IO thirty (25-JO) feel above finished grade ao.d ccmc,cd bc1ween 51r<:Cl 1rees. Fmish color fresh green (.1) Modcr.,tcly l.trge ,;nglc species tr<:C -facarnnda mimosifolm -located along ,J,e ccn1crli1,e of 1hc mcdi,u, approx;maicl.~ thirl)' (JU) li:cl on..:cmcr and aligned ,,cross (l,e mccl \\ilh 01hcr 1rces as much as possible. T,cc C'11'opy to be 1r.1inod into a round-shaped fonn \\ilh an open l,ab1L S1,ccial sub-smface co,.slmction is rcquir<:d (O allow for proper Ucc gro\\1lo and health H) ~kdrnn 10 be planted w11h nah.-cl water cfftcrcu~ low groundco\'cr of green foliage. which ,eqtlir<:< mimmal nngauon an<l a low level of n,mn1cna.,cc ;;iJ Acrr« I ·rn,· fn"firuration ( I) Protec led ,,ccess lanes wi1h a ro\\ of;u,gkd parl.ing oriented at fort)'-five (H) degrees 10 1hc ,nrb a,o '"l'"mlcd from !l,c thmogl, J;uics by embed la,,dscaped scpamtors (2) Modci;,tdJ' large smgk species tree -Jacaranda 1nimosifolia -localed in flush 1ree grales in dte angled parkmg zoiic at appro,imotcl)' thir!J' (JOJ feel an=n1cr a,.d ;rlig1;cd across 1he street will, otl,er lr<:CS as mnch ,os 1m;sibk. Tree canop_1· to be lr.1iucd ,mo a """\!l"sl•~pcd fonn w,1h an opcu hab11 Spc,i;ol sub">m-facc c,>n<truct;nn i> required w ;,llow for pr~pcr ucc gm111h ;ll.d hcallh { I) /1 niuc (9) foot curbed l.111dscapc ;cpo,a101 (si~ (6) inch curl>, and l\\cl1·c 1 ll) inch ,1am1>e<i co1i,;n;tc safely slq>ping areas on both sides) located bet"'"" tho through!are and ;occcs> lanes (2) Iconic double am, bmdcsard">calc :t!!d pcdcsm:u,"""alc street lighting loc"tcd •111hrn 11.., curl,cd lal!dscapcd scp,uators \lllh a spacmg of ap?ro.,miatd_1• niuct)' (~l)) fed on..:cnicr. Light soun:c sl!O\lld he located memy-Ji\e to 1lnn1· (25-J(I\ feel "l>o,<: fimsl,cd grndc forboulc,·aid-scak slr<:c\ l,gh1ing mid t\\'dn to fo,n1ctn( 12-!,l) feet abo,c fu11<hod grade for 1,cdesm:rn-;c"k strccl ltghhng. Fmisl, colur. flesh green (l) Moderately large single specie< uce -Jacaranda mimosifolia -localed along tlic cenlorlme of !he curbed l.wd«'.:apod sep;,ra\0<1; wilh a spac,n~ of approxmrnlclJ' thi°'y 00) feel on-cc mer ai,d align,cd across the m~e! ""h 01hcr nee< as much :rs 11o«ib!e. Tree ,a110py to be 1r,1ii,cd ,mo a rom\!l-shaoped fonn llilh '"' open h:,h1!. Spodal sub-,u,faco constmc1ion is required 10 a\lo" for pmpor1,cc gro\\'lh aud health (,l) Separn1or 10 b.c planlcd with ,m!wcl "ater cfficienl. !ow t,mundconr oi green foliage. wloich iequin:~ noinimal irrig;)lion aitd a low k,-d of mai!l\c,.ance vl Pl'd£11riw 7.ooe (I) A mi,oimmn twcl,·c {l?.) fool wide sidewalk (2) Iconic single ann. pcdcstrnm-scak ,ucct hghlmg loc:,ted on 1ho sidewalk ,n b,Kk-of-curl, ;,nd spaced approx11m1ely m sixt_v (f,U) feel on..:omera,~I ocntered bc1wcen tree, in the access lane. Finish color: fresh green {3) Prd«l fence style kuchcs with farrah \\ood or FSC ccnificd l,>e wood slais and s1ccl frame, and ,1ccl trash n:ccprndcs \\ith an acsth<tic tl~,! e1·okcs ll,c beach and sm-f ct\llure McW!11orlc fmasl, color frosh green Hg.2.5.1.· 3) Classic Boulevard Public Frontage 227 P;,lm Tree Boulc,·a,d irnpro1·emcms. 1homughfarc must include tl,c folkming spocifica1ions f.1ec diagrom) 1) Thnrn!!ghf;m• Om1in1rn1im,· 1 l) Fout (,I) 1hm1111h lanes in each d1rcc1ion and o !ai,dscapa,d center mediau wilh lefl n,rn p1.Kkc1S at select imcrsc,1ions ii) C.11!rrMcdiu1r (11 CuffieJ la!ldm•pcd rnedrnu 1111h ,i~ (<;J rnch cum, and t11clvc ( 12) inch ,w,,pc<! concMc safety stcppmg '""•" 011bo1h sides ().\ komc <lonbk ;uin ba"lo,•ard-m1lc slrccl llghtrng \oc.11cd along ccnterhnc of 1li,; median at approxmrnlcly nrnety lo on,;, hund,ed and IWCl\1)' (~0-! 20) fee! 01i-cemc1 (orc,·c,y lhrc,., O) clusters of 1);llm ,,~es). Snee, ligll!ing I<> be the fiT>1 1·01\ic,,I dcmem a1 1hc c11ds of tli,, mcdrnn ""d !ighl somcc .sl,ould be located 111c:,ty-f,ve lo llml)' (25-:lO) kcl "bo,c fim,hcd gm,k. (1) nu,1ers of tl,rec smgk•spcdcs. tall palm tree< -Ro)·s101,ea regia - arranged roughly every thiny to 1h111r-fi,·c (.10-JSJ feel Trees 10 be uµlit b) Neiglib1Jrlwvrl Ce11ter Streeifrmtt Whc,c Neighbo,hood Cente, Slrcclftont impro.-emems an, rcqui,cd, public frontage mm! ii,dudc 1hc follo\\ing ,pa,cificalio,o (sec di;,g,am)· i) P1:dntri1rn 7@e (l) A nunimmn ciglitccn (18) foot 1\ldc sidewalk shall provide ample room for pedestrians to walk, and 10 c11C0Uragc activities mcludmg ouldoar dimug. locatio11S for kiosks. food c,uis. and flo\\·c, sialls (2J konic double ann bo11k1nrd'5ca!c and pcdcstrim1-scalc meet ligh1ing :,1 appm~mmlcl) dgh1)' {81J) feet on-<:cmct Light so,uce sl,ould be loca1cd lwenl_1·•f1vc to thllt)' OS->O) feel abo,•c fuushcd grade forbo11lc\'atd-scalc street !igh1ing,md twckc 10 founcen ( 12-H) fe<":t abo,c fimsli,,d gr.,de ro, pcaeslnan-sc:1lc meet lighting. Finis!, color· fresh gn,c" (J) L,gln s1at1da,d, sd,"<:1jan 10 be spe<":1fled by Plannrng and Bu,ldmg Pirccior mul P11blic Work, DirectorfDesignce (~) Furnishing< ~~~~~mM~~J ol greeu foli;,~e. ,,-hid, •~'l"""' minimal ,rngm,on aud " low tc,·d of mainl.;rn,,,cc a) Typkuf Co11figuratio11: blm Tree Boub;ird 11npro\'emenls. public fron1agc nmst iiteludc the followmg (!) A ,nininmm <IX (6) fool wide sidewalk sopamte1! fto!II 1hc back ufc,ub by a four(~) fool cominuOU< pllmer slrip lo,aled within the p)aul,·r s!,ii> at appro,imatcly ,,;net;-(91!) feel on-<:c!l!c,. L1gh1 somce should be locmcd twent)'•hc to thiny {15-J!I) fee! ,,bo\'c fmisl,cd grodc for bou!e,·ard-sca\c street ligl,tmg and mcl>-c 10 founcon (12•!~) feet above finished grade for p<dostnan-sca!e meet !igh1ing Finish colo,· frc,l, green ,J) Planter sinp 10 be planied 111th ,wil-c/ w.,tcr efficient !011 groundcovcr of green foliag,;,_ ,dud, requires mminml ,mga1rnn and a low level o( mam1cna,.cc (~l Pkl:ct fence style benches wilh fa,rah wood o, FSC ccnified lpe wood slats aold Sled fr.,mc. and steel tr.,.sh rcccp1aclcs wilh an ;oc,1l,C!k 1ha1 o,okcs 1hc bead, a!ld surf culture. 1''1e1ah10,~ fimsh col,,, fresh ~•ccn fig.2.5. i. 4)a) Typical Public Frontage Fig.2.5.1. -4.)b) Neighborhood Center Streetfronl Public Frontage 228 48 5) iParkwaySpecifii;ntfoJlS Parkwa)' impro,·c1ncnrn lhomughforc musl ;.,elude the followmg s1w:d!ica1"lns (scediagmn,) rbnn111ehPur {''!ntie,1rn(Mw ( I) Th,'Cc (1) lhrnugh lmi,,s in c;od• dircrnon u11i1 <1Ccas,onal par.II Id parking ,lung lhc side\\alk eurt,. aud a landscaped ce!ll<r mcdi"" "i,h left iurn packets al sclc'<CI l"\ots.·ctions Crnlrr Medi l!l" (l) Curbed la1!dm1pcd <1i,,dian ,rnh si, {6) ii,ch curbs ,uul l\\elvc (12) inch <lamped concr<'!C saft1; stepping area, 011 bo1h ,ides {]) An Mrangcm<:nl of al1cm:11ing. infom,a!l)' shaped d11.11c,, of \'cge!aho!I (T;·pe ,\ awl Ti·1>c 13 -dcscnbcd bdoll') planlcd on within the mcdo;on rn11ghl)' O\"CI}' flfly la ,,~!)· (SO-GO) feet Oll"CClllcr Stralcg,cal\}' ,ckcled clu.,1crs of wgeiation to be nplit al n1glu. Low. nalfrc/watcr cfficienl g",uudco,·e, of gr,;c,, fol,agc to be mlwniltc"! with the vcgcia!ion dusters (;,) Type A cluster: a single nmlu-trunk palm ucc -Phocrnx 1ccl1>.ata - b1oad-kaf tall !t,l!he/ waler effu:iem grasses ,1nd ni,,dmm-hc,ghl nalivc/walct cfflciem grn11ndco•c1 with flaw<'" (b) Typ< B duster: a duster o( .singlc-tnmk. nu:di,un-he1ghl palm uec.s • Wod\'elia btfnrcma {!n:cs sclec1ed from ntJrscncs tlmt seeded t!,c trees 111 Cailifomin)-s1u,lil acccm p,grny palms -Ph<>eni, rocbclc11u -a,td low uatile/ 1rn!e, crlidcnt grasses and/or grmrndc<>,·cr, prcfcr~bly wilh llawcrn 1J'picul Config11rution: P;,rkway 1mprmc11,cm,, pllblic frontage nm51 mdudc the follo\\illg sv<df,cation (]J A lnimmum "' (6) foot \\'!de sidewalk scpam\cd from the back of cu1b by a ,c,c11 and a half (7 '/,) inch connm1om pl,rn!cr <lnp llith t"ch·c (I).) i•!Ch wide slamp<d co1.::n,1e safety slrip aloug the back nf c,ub Vc11c1i,n lamcm, !lmt spc~ks lot he rom,mcc andicsm·c m,nosphcrcofthc bc,1G11 iHa nwdcrn ""Y) located "'!11111 the plammg ,1np with a spacing o( '°"ghl.r eight,· to !llnCl) (S0-9(1) feet on-ccmer. The ligh\ so"rce sho1!1dbe located al fourteen (!4) fee! r,om 1he flmshcd grade \\ill! fillers 10 ctcatc ~olmed effcc15 thrnugh a \\rap·around foliage masi; Vtm~h co!or: ~un- mc1al (l) Wi(l'l!! planter smp. arn.,,gcmen!s of 1wo tall palm trees, \\!lh 1lu,;k ;ind \'Cf!' <lraighl mmks • RO)'S!Onea ,egia -th!'1) (311) fee! apart \\l!l,., Slrecl light ccme<cd U\ hc1\\eCI!. are mlenui11crn ll'llh an mfonnal composmon of mcd;111u-h.:,gh1 palm trees -W11dJ·c1rn b1furcma ;11,d s,uall accent p1g,n;· p;iln, trees. Phocni~ n,ot.,1:;ni, {•I) Planter ,inp, to be buill a, functional stonnwalor n,;11,agcmem fae,li1k. whe11cve, possibk. laudsca1,ed l\'ilh a mi~ o( 11.ltil'el \\otcr efficjcnl. low groundco\'er of green folia~e. whicl, .-eqmrr:s minimal 1nigat1011 and a low le,·cl ofn,1intenancc (5) Wlw:n parallel 1,ukmg along tire cmb occ11rs. prn\'idc for bre,1ks across the ploming mipwitl>s(cppin1: stones, in o,dcr!O allow for passengers to reach d,c sidc>lalk ((,) P,cl;ct fence s!)'lc be,,chcs \\'1U, polys,lc slal< ""d s!cel fr~ui,:, and s!ecl u-a,l, rocepmclcs l\'ith an ae,1li,,lic !lwl ernkes the bc"ch and surf cultu"' Mclah,otk and polysi!e fwishtolo,: 11 llile Fig.2.5.1. S)a) Typical Configuration Public F1ontage 229 b) Neigliborluwd Cell/er Streef/ro11twitli Acces)· Lane c) Neigl,borlwod Ce11ter Streef/ro11t witli Palm Ne1ghbo,hood Center 11uh Acee» Lane imprnvcmenls m1'sl mdudc the followmg Nc,ghborllood C<me, Sm,c1from wnh Po!n, improYcme11ts nm,t 111<:lu<k the sp,cc,ncallon (sc'C d1,1gram) follo11 ing ,pcc>lic;,!ton (sec diagram) i) Acer•, L-,nr Confirm,Hon· (l) Protcc1cd aecess lane w!lh o ro11 of angled pa,ki11g, in bclwecn the s,dcwalk mod 1hc cxhtiug cum face." scparalcd from the through lm,c h;- • embed laiuhcaped scparn!Or (2) l'n!n> tn,cs located in flush 1n:c wells centered in the parking lane apprn~,m,.le!J' fort1· Hll) foct 011-"Centero,e,·ef! h,o to th,~e (2-l) parl<ing slalls. T"'c specie< lo be q,ecified b) Pl,uming :rnd Bnilding Dircc101 :,nd Publk Works Dm'<:tor/Desig1ice Hl 1nm: ! linr Srm1rw1C· (l) A"'"" /9) foot curbed landsc:,pc separator with"' {6) inch cmbs and twd,·e (!2) inch stamped cooic1~1e safot)' sicpping ;>n,a, on both sides loomed beh,·ecn the throughfa,e and ,iccess lane (1) Unique donble ann pcdesuian"cale s1ree1 hgh\ing ("'minisccm of colored Venetrn11 lanterns d,at ,peaks 10 the romance and fes1iw atmosphere oftl•e beach "' a modem \\ay) located w,1hin 1hc separalor \Htl• :, nu,x11umll spacmg or einhl,· (&ll) l"cet on-cemer Tlic light source should be located a1 fonrtcc!I (U) fret (mm 1he fm,shcd gr.ode \\Ith fol1cr:s 10 cre,11c colored dkcls th,,mgh a \\rai,.arnnud foliage ma,k. Fmi,hcolor gun-mcrnl (J) Pain, lte<s planted al a ma,imum spacing of fort)' (-10) feel 011-cc11ter Tr.:~ ,µ,des to be specified by Planning and Bu1ld1ng Director ond Pubhc \Votks Di!cc1or1Dc;igueo (-1) Scpa,-;otor to be pl.1mcd \\'Uh m11hel \\ate, eftkient low grou,.dco\'or or green foliage. wluch ,cq,ures miliimal irngauon and a low le,·el of m:umcu:mcc iii 1 P1·dv1!dw Zunr (ll A mrniirn,m twcl,e (12) foo1 "idc sidewalk (2) Unique smglc arm 1>c<kmian·scale sr=I HglUrng ("'mimscenl ofcolmtcd Vc11<uau laulcm, that sp,:a~s 10 111< rumaoicc aud fosm e mmnsµl,erc of the b~:tch in a modem \\,1)') :II a rna.,im•1m spacing of eight\' lo uiuety (8(1-90) feel mHcu(cr along the side11:ilk bac~ of cu,b and placed \x,t11ecu 1,cc, '" 1he access lane TI,c lighl sonn:c shottld be localed at Jou~ccn (l.j) feel from the fm1Sl1<d gr;dc 11ith filler:s to c"'alc ,olorcd effect< through a "rap-a,ound foliage mask. Fm,s!, ,:o!or: gun-metal <J) Plckcl fence s1ylc hcnd,e< 11ith p-0lyslle sl:11, a,ld s!ecl frame. and stcd m,h ,-,ccptacks with an aesthetic !lia! c,·okc< 11,e !x,ach a,~l surf c111iurc 1'k1al\\otk and polrs,;c fini.sl, color white l'!'de1trian Znnr [l) A minimum eighteen {lk) fool \\ide sidewalk shall prn,·idc ;,mplc mom for µ,demian, lo 11alk, aud to cncournge ac1i,·illcs u,dudh1g ontdoor diuing. locations for kiosks. food cans. a,ld llower ,1011, (2) Unique double am, pedcsmm1·Scak sin:c1 lighting {remm,scen1 of colo"'d Vcnc1ian lamems th.11 speaks to the roma11ce a,ld festive atmosphere of the beach in a ,nodcm war) localed alo!ig lhc b;1ck of curl> will, a maximum sp:ocm~ of eighty (6H) feel on-"Cc!llcr. The lit ht somce should be located "l fourteen (H) fret fiom the finished grade with fillers to c,catc colored dfccl.1 (J,,ongh :i 11rap-oround folIBgc m;,>k Finish colo, gun•mernl [}) 1:,11 palm 1rees localed in Jlus1, tree 1tdls along the hack of c1ub wnh on a\'erJgc spacing offotl)' (40) fe<I on cenier Tree sp,:dcs 10 be specified by Pl,oming ond Bmldmg D,rcc1GT a11d Public \Vorl<s D1r<clorlDcsigncc H) P1eko1 fc,,:e >(;•le benches wilh polys,le sfal.s a,ld >!eel frame. ai,d steel trash receptacles \\'ith an ao,1hc11c 11"11 c,,ukcs the bead, a,111 surf c"II""' Metalwo,I: and poly<ilc finish color: while Fig.2.5.1. • S)b)Neighborhood Center Street front with Access Lane Public Frontage fig.2.5. l. -5)e) Neighborhood Center Streetfront with Palm Public frontage 230 .6r Sia'ndilid'AViliiiiii'd• ,7}/-NcigbDDr)J,Do·,r-strecis. S!,rndard A,•enuc 11i,pro,·c1ncl\lS mu<I u,cli,dc th< followii\g $pcdficalion (sec Ncighbo,hood Strecl hnprn,·cmc111S mus! mdude !he folloning spedflcotion (see di.1gmm) di"grnms) r1·dr\ldw Zmw (I) A minimum cigh1cc11 (!8) foal w;dc sidc\\';rll. sl,all pro, idc ample room for 11c<lesmans 10 \lalk, and rn ei,couragc acm·,11cs inclndin~ 0111door dmmg. locatious for kio,ks. food cam. aml tlo11c, st,,lls (2) Dc,omt,w double ann bo,,lc,,,rd-sc;•k and podcmian-scalc s!<ecl llgl,unr al maxmmn, SJ>,icrng of eigltt.1· (alJ) feel on-<:enlcr. Light source should he loc,ucd eighteen to twcmi·-hc (18-25) feel ~bow finisl,ed g111dc for boule,·a,d--scak meet ligh1i11g a,\d !wcl\'c to founce10 (12- !~! feel abo,·c hnished grnd, lor pedosuian-scale meet 1;~hliug Lighl srn11daods sclcellon to be spe<1ficd h)" Planning o1uJ Bt11lding Director and P10hh, Works 011cctor/Dcsigncc (3) Palm Hccs to be planted in llush tree 11clls m back of c"'b \\'i11> " maxurnunspaocing offotl)' (~tl) feel on-ccnlcr. T,c~ spc.:u:s to he spccilicd b)' !'Janning and Buildiug Dmac1or aml fob lie Worts Diroctor/DCS1gnec l~) T,cc, shonld be maim.1i1,cd in a way tl11t pro,,des w,ob,tnictcd ,·iclt's !O shonroom ni,\dons and hmldmg s,g1,1gc rrllnhiw Znnr (l) A minimum six (f>) feet wide s1dc11alk 11,11, a minimum si.< (f>) feel 11,de con1muous plammg Slrip or h1eh"c {12) feet wide s,dcllal~ wilho1,1 co,11in"ou, planting strip (2) Slrec15 \lith he (5) lanes or more <l,a\! pro,•,dc p,,destrian-sc;,kl boulc1•ard-1cak dccomuvc strec1 lighting al a ma,iinum ,p;1dng or ninel) (~O) kcton..:cmo,. Pedcsma11·scalc Ilg),( «n1KC sl,ould be located !Wcl\'c 10 fooneen (12-!4) feel abo,·c fini,!tcd grade aud boole\'ard·scalc hghl sources should be lrnc;ilcd dgh1<,co !o 1wemy-fil'e (1&-2:'i) feel ab,wc fin,ol,cd gr.ode (3) St<eets \\'Uh four( 4) l,mcs or ks, slmll pro\'idc pedcsman•sc;,k dccoml1\'c s1rec1 l,ghling al a niaxi,mun spacing of mnclJ' (90) feel on-ccnlcr Light sonn:c shonld be located 1wd,·c to fou!locn {12-U) feet abuvc finished gr.ode Pl Lighl siamfanls ,electron lo be specified b}' Pla,miug ai,d Bmldiug Dirccior/Dcsignec (5) Each block ,hall hal'c a single species o( modcm1cly large shade t<ec ll'ilh a m:mmmn spacing of tluny {.10) feel o,Hcll!er Palm tree, can he used as acccms. Spccral sub-surface construction is required lo allow for proper t<ec growth and health Tree species to be ;p«ificd h.1· Planning and Brnlding Dirccto,IPcsigncc ((,) Where"" on lt<CC\ 1mrking is p<escm 1recs ,mm be locmcd in co11unuous p!aming stnps located along 1he bacl of c,ub (to buffer pedesmans fmm the adjaccm road"·a}") (7) Where parallel 1~11king" p,csem, !n;cs ""'l' be located in planting 11dls (111th l\ush moumcd tree gmtcs ,1' ~" option). or in cominuo11, plarniug slrips locmcd ,,loug 1he back ofcmb (8) Where angled pa,kin~ 1s 1•,cseu1. T<ecs shall be located m planlu,~ "dis {with llush 1110,rntcd l<ee gr.lies as on option) al lhc b,,ck of c,uh (9) Nam·c/ 1.-a1cr cfficlc!ll. low groundcovers ai,d shrubs. w],icl, reqmre mmimal ,mgmiona!ld a low Jc,el ofmain1em11<e. mus! be located "i1hi11 planlmg o1rip,; ll) ~ (l) Tho plammg strip slmll i11dudc a one (l) foot \lide. pa,•cd ""lo passenger laud mg l<>Ca!cd alot!g tile bact ofcmb I ~rn,ru• I ,., Fig.1.5.1. -6) Stond;nd Avenue i'""'"" Fig.2.5. l -7) Neighborhood Street, 231 ORDINANCE NO. 4322 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 3.60 ENTITLED "JOINT EXERCISE OF POWER AGREEMENTS" 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. The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended to add new Chapter 3.60 Entitled "Joint Exercise of Power Agreements" to read as follows: "Chapter 3 .60 JOINT EXERCISE OF POWER AGREEMENTS 3.60.010 Approval. The City Council shall not approve a Joint Exercise of Powers Agreement, pursuant to Chapter 5, of Division 7 of Title 1 of the Government Code, where such Agreement is for the purpose of financing a middle income multi-family rental housing development within the City of Huntington Beach, which then qualified the property to be exempt from property taxes , unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such opposition is submitted. SE CTION 2. This ordinance shall become effective 30 days afier 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 __________ , 2024. Mayor ATTEST: City Clerk 232 ORDINANCE NO. 4322 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Direqrf,C~~evelopment 2 24-14077 /333647 PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Jennifer Villasenor, Director of Community Development BY: Joanna Cortez, Principal Planner SUBJECT: ..title ZONING TEXT AMENDMENT NO. 23-002 (ZONING UPDATE) REQUEST: Amend eight chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to update definitions and processes, provide clarification by codifying existing policies and code interpretations, and introduce a process for space efficient parking such as mechanical parking lifts. The chapters to be amended are Chapter 203 (Definitions), Chapter 210 (Residential Districts), Chapter 211 (C Commercial Districts), Chapter 212 (I Industrial Districts), Chapter 218 (M Mixed-Use Transit Center District), Chapter 230 (Site Standards), Chapter 231 (Off-Street Parking and Loading Provisions), and Chapter 241 (Conditional Use Permits and Variances – Temporary Use Permits-Waiver of Development Standards). Additionally, amend Section 2.5: Street Regulations of the Beach and Edinger Corridors Specific Plan (BECSP) to update the process and provide clarification for street improvements within the specific plan. LOCATION: Citywide ..body APPLICANT: City of Huntington Beach PROPERTY OWNER: Not applicable RECOMMENDATION: ..recommendation That the Planning Commission take the following actions: A) Find the project exempt from additional environmental review pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density and in accordance with the 233 BECSP Program Environmental Impact Report No. 08 -008 certified by the Planning Commission on December 8, 2009 and CEQA Guidelines Section 15162 and 15163, no subsequent EIR or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required; and B) Recommend approval of Zoning Text Amendment (ZTA) No. 23-002 to the City Council with findings (Attachment No. 1). ..end ALTERNATIVE ACTION(S): A) Recommend denial of Zoning Text Amendment No. 23-002 with findings for denial; or B) Continue Zoning Text Amendment No. 23-002 and direct staff accordingly. PROJECT PROPOSAL: Background: ZTA No. 23-002 represents a request to amend and update certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) as well as the Beach and Edinger Corridors Specific Plan (BECSP). The last HBZSO update occurred in 2019 while the BECSP was last updated with a minor amendment in 2023. It is considered a “best management practice” for cities to complete periodic updates such as this. The purpose of this update is an ongoing effort to address common clarifications and issues that arise through the day-to-day operations and interactions of staff, residents, and business owners. In some cases, it can be a simple as clarifying a definition; in other cases, proposed amendments address emerging technologies such as tandem car lifts which are not contemplated under the current zoning code. In the case of the BECSP update, the proposed amendment will provide certainty for street improvement requirements to property and businesses owners on Beach Boulevard. The proposed zoning text amendment will amend the following chapters: Chapter 203 (Definitions) Chapter 210 (Residential Districts) Chapter 211 (C Commercial Districts) Chapter 212 (I Industrial Districts) Chapter 218 (M Mixed-Use Transit Center District) Chapter 230 (Site Standards) Chapter 231 (Off-Street Parking and Loading Provisions) Chapter 241 (Conditional Use Permits and Variances – Temporary Use Permits-Waiver of Development Standards) BECSP – Section 2.5: Street Regulations For ease of reference, a summary matrix providing a comparison between the current code sections and the proposed changes is included (Attachment No. 2). Legislative drafts of each complete chapter are provided (Attachment No s. 3-11). In the legislative drafts, bold and underlined indicates new text; strikeout indicates removal of text. 234 Study Session: This request was introduced to the Planning Commission for study session on February 13, 2024. The following questions were raised during the meeting: Antenna Update Commissioner Pellman asked if 5G wireless technology regulations had been considered with the updated definition of “antenna”. Staff explained that the proposed zoning text amendment would be updating the general definition of antenna, which includes all types of antennas, not just telecommunication antennas. Staff further stated no changes were proposed for regulations related to wireless communication facilities as found in Section 230.96 of the HBZSO. Artificial Turf Commissioner Pellman inquired about artificial turf as permitted landscaping. Staff stated that required landscaping may include artificial turf as proposed in the updated definition for “Landscaping”. However, since the study session, artificial turf has been removed from the landscaping definition and no change is proposed . Specific Plan Updates Vice-Chair Kennedy asked if there was a reason BECSP had been chosen to be updated and whether other specific plans would be updated in the future. Staff explained that BECSP was being updated to address a conflict in the plan related to required street improvements and Caltrans ownership of Beach Boulevard. Staff further explained that no amendments were planned for other specific plans. Current Projects in BECSP Vice-Chair Kennedy requested a list of current BECSP projects. Staff stated that the information was not available at the moment, but staff would present the information at the following Planning Commission meeting. The projects are listed in the following analysis section. ISSUES AND ANALYSIS: General Plan Conformance: The proposed zoning text amendment is consistent with the goals and policies of the City’s General Plan including: Land Use Element: Goal LU-1 – New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consist with the o verall goals and needs of the community. Policy LU-1(D) – Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. 235 Policy LU-4 (D): Ensure that single-family residences are of compatible proportion scale and character to surrounding neighborhoods. Goal LU-11 – Commercial land uses provide goods and services to meet regional and local needs. Goal LU-13 – The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Housing Element: Policy 1.4 – Encourage resident involvement in identifying and addressing maintenance of housing in their neighborhoods. Policy 4.3 – Explore continued improvements to the entitlement process to streamline and coordinate the processing of permits, design review and environmental clearance. The proposed ZTA will allow the City to process new development requests with greater clarity and in a timely manner. The proposed amendments will refine the process for common maintenance improvements for residential properties such as perimeter fencing and accessory structures while ensuring that improvements are done in a manner that is compatible in proportion, scale, and character with surrounding uses. The prop osed standards for fences/walls will allow residential applicants different design options for permit approval that will provide greater privacy, compatibility with existing neighborhood fences/walls, and with reduced permitting timelines. Providing addit ional guidance for accessory structures, such as patio covers, will empower property owners to confidently design these structures in a manner that will comply with code and reduce plan check revisions. The introduction of space efficient parking standards in the form of mechanical stackers/lifts will provide additional parking design options for commercial and industrial uses. These standards could provide opportunities for new businesses to move into constrained sites and still provide required on-site parking. The proposed standards will allow this use to be designed in a manner consistent with existing parking standards. Development standards have been added to protect sensitive uses such as height limitation, full enclosure of mechanical equipment, and additional noise attenuation measures. These new changes will provide greater customer service as this amendment will provide a clear, review process for common improvements or inquiries from residents and business owners that will ultimately benefit the City. Circulation Element: Goal CIRC-7 - Designated scenic corridors protect and enhance visual quality and scenic views. 236 Goal CIRC-7(D) - Provide landscaped medians and sidewalk treatments in accordance with City standards within major and primary arterial streets designated as landscape corridors, and continue to require the construction of landscaped medians and sidewalk treatments in new developments. The proposed ZTA will continue the streetscape vision for Beach Blvd. of the specific plan while clarifying the process for property and business owners. In revising the BECSP’s street regulations, it will provide additional parkway and sidewalk standards for rights -of- way that are irregular in width in a manner that is compatible with existing properties along Beach Blvd. The additional amendments will clarify the process for alternative street improvements as well as the acceptable landscaping for the specific plan. This amendment will remove uncertainty in the city permitting process that puts property owners and business along Beach Blvd. in a position where they cannot obtain final permit approval and the City cannot intervene because the street is owned by a different agenc y. In turn, this will allow the city to expedite street improvements, provided certainty of final approval for BECSP property owners, and may encourage more improvements of properties along one of the city’s major highways. Zoning Compliance: Zoning Text Amendment The following analysis provides a review of the proposed amendments in five sections consisting of minor language cleanup and clarification to maintain consistency within the HBZSO, codification of existing policies or code interpretations, introduction of development standards for tandem car lifts/stackers, revised development standards for both fences/walls within the HBZSO, and public street improvements within the BECSP. A. Language Cleanup and Clarification The following items are amended for minor cleanup and/or clarification purposes. Section 203.06 Definitions Definitions in the HBZSO have been amended or deleted due to various reasons. Certain definitions have been deleted because a definition exists in other applicable codes such as the Huntington Beach Municipal Code or California Building Code. In other cases, definitions have been deleted to align with changes that have already occurred within the HBZSO or are proposed with this ZTA. Finally, most definitions have been updated primarily for clarification and currency purposes. The complete list of deleted and amended definitions can be found in Attachment No. 2. Section 210.04 Land Use Controls, Section 211.04 Land Use Controls, Section 212.04 Land Use Controls, and Section 218.04 Land Use Controls 237 A text addition was included to the sections listed above to define the “Neighborhood Notification” process referenced within the provisions of the Land Use Control Table of each zoning district. Currently, a neighborhood notification is required for certain land uses but the code does not state clearly that the review process is an Administrative Permit by the Director. The inclusion of this text provides clarity. Section 210.06.P RL, RM, RMH, RH, and RMP Districts—Property Development Standards and Section 230.68 Building Projections into Yards and Courts References to “Courts" have been removed from this section. Courts are development standards for open space for multi-family development. Currently, the code is written in a manner that requires these standards for this type of development; however, this design provision does not align with other development standards within Section 210.06. and appears to regulate a specific architectural style, creating confusion. This provision has been unutilized for years as the City has adopted Urban Design Guidelines which work in conjunction with the code’s development standards; therefore, removing the courts provision eliminates an unused section of the HBZSO as well as confusion for property owners and project applicants. Section 230.12 Home Occupation Permits The additional text will clarify the Home Occupation Permit and business license process for residents. Language has also been added to clarify which uses may qualify for a permit. Finally, language has been added to prohibit the renting of homes for commercial purposes to ensure continuous compatibility with existing residential neighborhoods. Section 230.68 Building Projections into Yards and Courts References to courts have been removed to align with the proposed changes of this ZTA. Additionally, references to covered patio projections have been deleted to eliminate conflict with other sections of the HBZSO, specifically Section 230.08. Section 241.22 Waiver of Development Standards Language was added to clarify the type of permit required for a waiver of development standards. Currently, the code does not specify the type of permit. This addition specifies the current Administrative Permit process for readers and aligns it with other sections of the HBZSO. Section 241.24 Neighborhood Notification A minor text amendment will amend the notification period for Administrative Permits. The current notification period is 10 working days. By modifying the notification period to 10 calendar days, it will align with other sections of the HBZSO. B. Codify Existing Policy and Code Interpretation 238 Section 210.06.D; Section 230.08.E; Section 230.08.G Patio Cover Separation Currently, the HBZSO requires a separation of 10 feet between buildings. It does not distinguish separation between buildings or buildings and accessory structures such as patio covers. Furthermore, it does not specify the point of measurement for such accessory structures. The inclusion of this policy will allow property owners to have a building separation of less than 10 feet for patio covers and clarify the point of measurement. Section 230.68 Eaves in Required Yards The code is currently unclear as to the types of allowable projections into required yards, such as eaves. Projections into required yards are limited in length; however, the code does not account for other projections, such as balconies or bay windows, that may have built-in eaves. Clarifying that eaves area not limited in length will clarify allowable projections for property owners. By codifying these polices and interpretations in the HBZSO, information is readily accessible by applicants. This will further the City’s goal of assisting applicants in project planning and improving customer service. C. Tandem Car Stackers/Lifts The HBZSO does not currently provide standards for alternative parking designs. In this section, the following provisions are proposed in Section 231.02.G for space efficient parking in the form of mechanical car stackers/lifts. Applicability: Single Family Residential Uses o Only surplus parking may be stored and accessed by mechanical stackers/lifts. Minimum off-site parking must be provided without the need of mechanical parking. o Mechanical parking for a single-family residential use will not be subject to any discretionary permits, such as a Conditional Use Permit (CUP). Commercial and Industrial Uses o Up to 20% of required on-site may be provided by mechanical stackers and/lifts with an attendant. Subject to approval of a CUP to the Zoning Administrator (ZA). o 21%-40% of required on-site may be provided by mechanical stackers and/lifts with an attendant. Subject to approval of a CUP to the Planning Commission (PC). Mechanical Parking Design Standards: Except for required ingress and egress, all mechanical parking systems shall be enclosed. 239 No more than one vehicle shall be stacked over another parked vehicle. All equipment shall be sound attenuated to comply with the noise standards in Chapter 8.40, Noise Control, of the Huntington Beach Municipal Code. Except for single-family residential, all mechanical parking systems are subject to review by the Design Review Board (DRB). Operations for Mechanical Parking Systems: Mechanical stacker/lift parking systems shall not result in queuing into any public right-of-way. Covenants will be required for the operation and maintenance of the mecha nical parking system and for a required attendant. All parking systems will be required to provide an on -site generator and a manual override feature to retrieve vehicles in the event of a power outage. This section is a response to public inquiries over the years. For residential purposes, many property owners have extra vehicles, such as classic cars, that they would like to store onsite. The City of Huntington Beach has a large population of the classic car collectors and is home to many classic car shows. To comply with minimum residential parking requirements, many property owners store their vehicles off -site. The proposed provisions would provide additional parking options for single -family residential property owners and not impact neighborhood parking or aesthetics. Commercial and industrial property owners have in the past inquired about providing additional parking in the form of mechanical stackers/lifts. By creating a process for this design, it would provide additional parking options for business and property owners in a manner that is consistent with the HBZSO. Requiring fully enclosed mechanical parking system with DRB review will align with existing development standards for parking structures. The proposed percentages allowed for tandem mechanical parking and associated hearing bodies will also align with existing tandem/valet parking standards in the Downtown Specific Plan, which operate with parking attendants, similar to the proposed parking standard. In addition to these standards, technical studies will be required to compare expected traffic-intensity with the parking system capacity to determine the amount of short-term parking and attendants needed to ensure minimal traffic/parking impacts. D. Revised Development Standards – Section 230.88 Fencing and Yards This ZTA includes revised development standards to Section 230.88, specifically to Section 230.88.A Permitted Fences and Walls. Additional text from this section has been deleted or revised to align with the proposed amendments listed below and other sections of the HBSZO. All changes can also be found in Attachment Nos. 2 and 8. Current Requirements: Fences or walls a maximum of 42 inches in height within any portion of a lot o Fences or walls in RMH-a zoned properties must be setback three feet from the front property line 240 Fences or walls a maximum of six feet in height may be located in required side and rear yards o Exception – a maximum two-foot lattice (wood or plastic) extension that is substantially open may added to the top of a six-foot-high fence or wall without a permit Deviations from the maximum height requirements may be permitted subject to a CUP by the ZA Proposed Requirements: Fences or walls a maximum of 42 inches in height within any portion of a lot o Fences or walls in RMH-a zoned properties must be setback three feet from the front property line Fences or walls a maximum of six eight feet in height may be located in required side and rear yards o Exception – a maximum two-foot lattice (wood or plastic) extension that is substantially (minimum 50%) open may added to the top of a six-foot-high fence or wall without a permit Deviations from the maximum height requirements may be permitted subject to a CUP by the ZA Revising these standards will provide consistency for wall height and setbacks amongst most zoning districts, eliminating confusion for property owners. These changes will primarily apply to residential uses, particu larly benefiting single-family residents. Currently, a building permit is not required for walls 42 inches or less; however, current standards create a scenario where some property owners may inadvertently construct a wall at the incorrect location if no plan or permit is required. This revision would help property owners avoid a costly scenario where a completed wall has to be demolished and relocated, or an entitlement is required to rectify the situation. Likewise, this section allows lattice extensions for perimeter fences and walls for additional privacy. While the code allows for lattice, it is unclear how open or solid the wall extension may be. To avoid extensions that do not meet the intent of the code and to not compromise the structural integrity of an existing fence or wall, additional language has been added to explain that lattice means 50% open. Similarly, the desire for more privacy and uniform aesthetic is a common request concerning side and rear perimeter walls. A recommendation to raise the maximum height for side and rear perimeter walls from six feet to eight feet is proposed with this ZTA. Staff does not foresee any issues related to this change and any issues could be adequately handled at staff level through the plan check process. Fences and walls that are higher than six feet will still require a building permit and engineering. A CUP by the ZA for wall/fence deviations currently has a processing time of approximately two -three months and a fee of $2,757. Removing the d iscretionary permit process of non- controversial applications would be beneficial for property owners. E. Revised Development Standards – BECSP Section 2.5 Street Improvements 241 Revised development standards are proposed for improvements along the public frontage (or right-of-way) within the BECSP. The analysis below focuses on the key changes proposed. All changes can be found in Attachment Nos. 2 and 11. Public street improvements are code requirements that are part of the development process for larger property improvements citywide. The existing condition of a site will determine what type of public improvements may be required. These improvements may include new sidewalks, curbs, gutter, landscape planters, and street dedications. Most properties along Beach Blvd. are located within the BECSP. The BECSP has very specific design requirements and guidelines for tree species, sidewalks, landscape planters, and street furniture along the public right of way. These requirements include minimum widths for sidewalks and landscape planters. Required sidewalk widths are minimum six feet wide and required landscape planter widths range from four to nine feet along Beach Blvd. Many Beach Blvd. properties have existing public right of way that is narrower than what is required by the specific plan to accommodate the required public frontage improvements. This prompts the need for the property owner to offer t o dedicate a portion of their property to accommodate the required curb, gutter, sidewalk, and landscape planter. While most streets and sidewalks are within the control of the City, certain streets, such as Beach Boulevard, are owned by the state agency, Caltrans. While the property owner may offer to dedicate to Caltrans to comply with BECSP, it is up to that agency whether to accept the dedication. If they do not, the property owner cannot comply with City requirements and cannot finalize their buildi ng permit. Since the approval of BECSP in 2010, the following projects were approved with required street improvements: CVS – 16961 Beach Blvd. Hoag Medical – 19582 Beach Blvd. Elan Apartments - 18504 Beach Blvd. Beach and Ocean Apartments - 19891 Beach Blvd. G&M Oil service Station – 16990 Beach Blvd. Subaru Dealership - 18801 Beach Blvd. While several projects have been approved, in 2020 Caltrans amended their review process for public street improvements, including those that included offers for dedic ation. The current review process, QMAP (Project Delivery Quality Management Assessment Process), is about 18-24 months long and there is no guarantee Caltrans will accept offers for dedications. As such, as new developments are approved and under construction on Beach Blvd., there is a likelihood that they will not be able to comply with the City’s street improvement requirements. The Subaru dealership is one example of a business affected by this issue. The dealership was approved in 2018 and was fina lized in 2023. During the 5-year construction process, the car dealer owner went through a protracted process of getting his final certificate of occupancy. This level of uncertainty in the process puts property owners and business along Beach Blvd. in a position where they cannot obtain final permit approval and the City cannot intervene because the street is 242 owned by a different agency. The proposed revision to Section 2.5 of BECSP is a proactive step to provide alternative standards to property owners that cannot accommodate the required street improvements prescribed in BECSP. For the properties that have existing narrower public right of way, reduced sidewalk and landscape planter widths may be proposed as defined in the attached legislative draft. Current BECSP Public Frontage Standard Proposed BECSP Public Frontage Standard less than 10 feet wide (No Plant Strip Required) There are currently two approved BECSP projects that will be affected by this dedication issue including: Jamboree Housing – 18431 Beach Blvd. G&M Oil Convenience Store – 19442 Beach Blvd. 243 ◄BACK OF $10EWA11C I J J◄r.asOFCURB i--,.0' -t .O' I SIDl ,w,n WAUt STklP !◄BACK OF SIDEWALK . • I ' • I . . ! • bzll i-r __ ! ◄FACE OF CURB However, it should be noted that this issue will continue to come up for most future development projects on Beach Blvd. Other revisions have been proposed to eliminate waivers or pay of in -lieu fees. The payment of fees in-lieu of providing the required street improvements was codified in the BECSP, but the City opted not to establish this program to ensure that public improvements were installed at the time of development. Additionally, instead of waivers, new provisions have been added to provide alternative improvements for properties that cannot comply with minimum street improvements. The main goal of the BECSP amendment is to provide certainty for property owners and ensure that the City’s requirements can be achieved upon approval of a development project. By removing potential for conflicts with Caltrans requirements, the City can assist property owners and maintain local control of Beach Blvd. public right of way improvements and minimize the lengthy and uncertain Caltrans process. Environmental Status: ZTA No. 23-002 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. Additionally, the text amendment to the BECSP is within the scope of the BECSP Program Environmental Impact Report No. 08- 008 certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Section 15162 and 15163, no subsequent EIR or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required. Coastal Status: The proposed amendment will be forwarded to the California Coastal Commission as a minor Local Coastal Program Amendment for certification. Other Departments Concerns and Requirements: The proposed amendments to the City’s existing ordinance and specific plan were prepared with input from the City Attorney’s Office, the Building Division, and Department of Public Works. Public Notification: Legal notice was published in the Huntington Beach Wave on Thursday, March 14, 2024, and notices were sent to individuals/organizations requesting notification (Planning Division’s Notification Matrix). As of March 19, 2024, one communication regarding this request has been received, regarding the potential inclusion of artificial turf to the definition of permitted landscaping. SUMMARY: 244 Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment No. 23-002 with findings and forward to the City Council based on the following: Cleans up the HBZSO and BECSP to improve clarity, address deficiencies, and maintain currency. Codifies existing policies and code interpretations and allows select entitlement requests to be permitted by right. Results in better customer service by providing clear requirements as well as prompt and cost-effective review process. Consistent with General Plan goals and policies. ATTACHMENTS: 1. Suggested Findings of Approval – ZTA 23-002 2. HBZSO & BECSP Update Matrix of Changes 3. HBZSO Chapter 203 (Definitions) Legislative Draft 4. HBZSO Chapter 210 (Residential Districts) Legislative Draft 5. HBZSO Chapter 211 (C Commercial Districts) Legislative Draft 6. HBZSO Chapter 212 (I Industrial Districts) Legislative Draft 7. HBZSO Chapter 218 (M Mixed-Use Transit Center District) Legislative Draft 8. HBZSO Chapter 230 (Site Standard) Legislative Draft 9. HBZSO Chapter 231 (Off-Street Parking and Loading Provisions) Legislative Draft 10. HBZSO Chapter 241 (Conditional Use Permits and Variances – Temporary Use Permits – Waiver of Development Standards) Legislative Draft 11. BECSP Section 2.5 (Street Regulations) Legislative Draft 245 ZONING TEXT AMENDMENT 23-002 SUMMARY TYPE OF USE CURRENT PROPOSED DEFINITIONS: Chapter 203 203.06 Adjacent -- Text Addition 203.06 Animal, Exotic Defined Text Deletion: Defined in the Municipal Code 203.06 Antenna Old Definition Text Addition: Revised Definition 203.06 Antenna, Communication Defined Text Deletion: Consolidated into the “Antenna” definition 203.06 Antenna, Satellite Dish Defined Text Deletion: Consolidated into the “Antenna” definition 203.06 Antenna, Whip Defined Text Deletion: Consolidated into the “Antenna” definition 203.06 Area, Net Lot Defined Text Addition: Expanded Definition 203.06 Attached Structures Defined Text Addition: Expanded Definition 203.06 Balcony Defined Text Addition: Expanded Definition 203.06 Bay Window Defined Text Addition: Expanded Definition 203.06 Collection Containers Defined Text Addition: Expanded Definition 203.06 Completely Rebuilt Defined Text Addition: Expanded Definition 203.06 Conforming Building Defined Text change: Changed from “building” to “structure” 203.06 Convenience Market Defined Text Addition: Expanded Definition 203.06 Court Defined Text Deletion: to match the deleted “Courts” section 203.06 Deck Defined Text Addition: Expanded Definition 203.06 Floor Area, Gross Defined Text Deletion 203.06 Frontage Defined Text Deletion 203.06 Kitchenette or Kitchen Defined Text Change: Changed outdated term; Expanded Definition 203.06 Landscaping Defined Text Addition: Expanded Definition to include other incidental features 203.06 Mezzanine Defined Text Addition: Expanded Definition 203.06 Patio Defined Text Addition: Added “Cover”; Deleted incorrect text 203.06 Qualifying Senior Resident Defined Text Deletion: this term is no longer part of the code 203.06 Specific Event Defined Text Change: corrected incorrect code reference 203.06 Structure, Accessory Defined Text Addition: Expanded Definition 246 203.06 Structure, Minor Accessory Defined Text Addition: Expanded Definition 203.06 Usable Satellite Signals Defined Text Deletion 203.06 Wetbar Defined Text Addition: Expanded Definition 203.06 Window, Required Defined Text Deletion RESIDENTIAL DISTRICTS: Chapter 210 210.04 Land Use Controls ----- Text Addition: Neighborhood Notification Definition 210.06 Table - RL, RM, RMH, RH, and RMP Districts—Property Development Standards Courts Permitted Text Deletion: to match the deleted “Courts” section 210.06.D - RL, RM, RMH, RH, and RMP Districts—Property Development Standards Building Separation Standard Text Addition: Codify Policy on Patio Cover Separation 210.06.P - RL, RM, RMH, RH, and RMP Districts—Property Development Standards Courts standards Text Deletion of this development standard COMMERCIAL DISTRICTS: Chapter 211 211.04 Land Use Controls ----- Text Addition: Neighborhood Notification Definition INDUSTRIAL DISTRICTS: Chapter 212 212.04 Land Use Controls ----- Text Addition: Neighborhood Notification Definition MIXED-USE TRANSIT CENTER DISTRICT: 218 218.04 Land Use Controls ----- Text Addition: Neighborhood Notification Definition SITE STANDARDS: Chapter 230 230.08 Accessory Structures Standards for Patio Covers and Building Separation Text Addition: Codify Policy for Patio Covers and Building Separation 230.12 Home Occupation in R Districts Standards for Home Occupation in Residential zones Text Addition/Deletion: Clarify Application Process and Permitted Uses 230.68 Allowable Projections into Yards and Courts Standards for Building Projections Text Deletion: Consistency with updated definitions Text Addition: Consistent with Code Interpretation 230.88 Fencing and Yards Fence and Wall Standards 230.88.A • Text Deletion: Setback for RMHA properties • Text Modification: Max. Wall Height Raised from 6’ to 8’ without ZA approval (Input from City Council) 247 • Text Addition: Standards for walls exceeding 6’ in height • Text Deletion: Repeated text • Text Deletion: Notification Requirement • Text Deletion: Remove text for consistency with proposed amendments and/or due to outdated design methods. • Text Addition: Clarify standards for retaining walls. • Text Deletion: Outdated Processes 230.88.B • Text Addition: Clarified Minimum Height Standard • Text Deletion: Remove text to match new amendments OFF-STREET PARKING AND LOADING PROVISIONS: Chapter 231 231.02.G Space Efficient Parking ---- Text Addition: Space Efficient Parking Standards CONDITIONAL USE PERMITS AND VARIANCES – TEMPORARY USE PERMITS – WAIVER OF DEVELOPMENT STANDARDS: Chapter 241 241.22 Waiver of Development Standards ---- Text Addition: Clarifies the required permit for these requests 241.24 Neighborhood Notification 10 “Working” Days 10 “Calendar” Days; consistent with other notification requirements within the code BECSP – SECTION 2.5 STREET REGULATIONS: Section 2.5.1.2.a.iii - General Waiver for street improvements along public frontage Text Deletion: Waiver for street improvements Text Addition: Provides alternative for irregular frontages Section 2.5.1.2.b.ii – Thoroughfare Improvements Establishes timing for street improvements Text Addition: Clarifies timing Section 2.5.1.2.c.ii – Public Frontage Improvements In-lieu fees for street improvements Text Deletion: Remove in- lieu fee process Section 2.5.1.4.ii.3 – Palm Tree Boulevard Specifications: Center Median Specific tree species Text Deletion: tree species 248 Text Addition: Caltrans approval for tree species Section 2.5.1.4.ii.a.1 – Palm Tree Boulevard Specifications: Typical Configuration Development standards for improvements along the public frontage Text Addition: Exceptions for irregular sidewalk widths along the public frontage Section 2.5.1.5.a.i.1 – Parkway Specification: Typical Configuration Development standards for improvements along the public frontage Text Addition: Exceptions for irregular sidewalk widths along the public frontage P: Permitted N/P: Not Permitted CUP: Conditional Use Permit ZA: CUP to Zoning Administrator PC: CUP to Planning Commission Director: Submitted for staff review AP/NN: Administrative Permit with Neighborhood Notification 249 ZONING TEXT AMENDMENT NO. 23-002 & MUNICIPAL CODE AMENDMENT ZONING UPDATE - CITYWIDE May 7, 2024 250 REQUEST • Zoning Text Amendment (ZTA) No. 23-002: • Amend eight chapters of the HBZSO • Amend Section 2.5 of the BECSP – Street Regulations • Address common clarifications and issues that arise through the day-to-day operations • Address emerging technologies • Continuous effort to improve customer service • Ensure requirements are clear to all readers and responsive to the needs of residents and business owners 251 CHAPTER 230 SITE STANDARDS •Section 230.08.E & 230.08.G Accessory Structures - Patio Covers and Separation • Codified regulations specifically related to patio covers • Consistent with other sections of the HBZSO •Section 230.12 Home Occupation Permits • Clarifies the permit process for residents • Expands on uses that may qualify for a permit • Prohibits renting of home for commercial purposes •Section 230.68 Building Projections into Yards • Codifies code interpretation for eaves • Consistent with other sections of the HBZSO • Removes inconsistent language for side yard setbacks 252 CHAPTER 230 SITE STANDARDS •Section 230.88 Fencing and Yards • Removes setback provision for walls/fences in the RMH-A zone (25 ft. wide lots) •Increased height of fences and walls up to a maximum of eight feet without a CUP • Requires building permit and engineering • Clarifies what is considered open lattice wall extension • Removes property owner notification for lattice extensions 253 CHAPTER 231 OFF STREET PARKING AND LOADING PROVISIONS •Section 231.02.G Basic Requirements for Off-Street Parking and Loading • New section to include provisions for Space Efficient Parking • Mechanical Stackers/Lifts • Residential Uses • Only for single-family residences • Surplus parking only • Commercial/Industrial • Up to 20% of required parking – CUP to ZA • 21%-40% of required parking – CUP to PC • Requires attendant 254 CHAPTER 231 OFF STREET PARKING AND LOADING PROVISIONS •Section 231.02.G Basic Requirements for Off-Street Parking and Loading cont. • Mechanical Parking Design • Fully screened and enclosed • No more than one vehicle may be stacked over another vehicle • Subject to review by the Design Review Board • Operations • May not queue into the public right- of-way • Covenant for operation and attendant •Back up generator with manual 255 256 -2.1.3 TownCenter -Core - 2.1.4TownCenter - Neighborhood - 2.1.S Neighborhood Center J-LJ 2.1.6 TownCenter Boulevard Segment D 2.1.7 Neighborhood Boulevard Segmen t l D 2.1.9 Residential Parkway Segment D 2.1.1 o Res idential Transition Zon e • * Corner Entry Required (see section 2.4.3) Speci fic Plan Area Boundary Specific Public Open Space (see section 2.6.2) =&l'"'r:· ---. - --r-··-·-j~C-Ll'---ll r -F ~ r II I l <!,'J -.:'ii 0 1,000 BECSP - SECTION 2.5: STREET IMPROVEMENTS • Street Improvements required in major approved developments • New sidewalk, curbs, landscaping, dedications • Beach Blvd. owned by Caltrans • Many existing sidewalk widths do not comply with BECSP • Need for the property owner to offer to dedicate a portion of their property to Caltrans • Added language to expand requirements to allow for alternative design for narrower rights-of-way 257 4’-9’4’-9’ • Currently: BECSP requires 6 ft. wide sidewalks and a range of 4 ft. -9 ft. wide plant strip • Existing ROW ranges between 7 ft. – 15 ft. wide PRIVATE FRONTAGE PRIVATE FRONTAGE PUBLIC FRONTAGE PUBLIC FRONTAGE THOROUGHFARE 258 i i ,_ 6.0', ,_ ~ -lANDSCAND SIDI PIANT TIAWLIAHI/ TIAWL TIAWL 1M TUINWff/ TIAVB. 1M TIAVB. lANDSCAND RTMClt WN.Y.. SIIIP PMAUB. IANE IANE IANE MIDWt lANE IANE IANi Sl'IIAa PAmNG LESS THAN 10’LESS THAN 10’ • Proposed: No landscape requirement for ROW less than 10 ft. wide THOROUGHFAREPRIVATE FRONTAGE PRIVATE FRONTAGE PUBLIC FRONTAGE PUBLIC FRONTAGE 259 lANDSCAPB> SITMClt ..L TIAYll LANE TIAVIL LANE ..L TIAYll LANE 1\MNWfl/ MEDWI TIAYll LANE i TIAWI. LANE i TIAYll LANE lANDSCAPID snMClt BECSP - SECTION 2.5: STREET IMPROVEMENTS • Eliminated street improvement waiver language • Added process for alternative improvements • Added language to clarify timing of certain street improvements • Eliminated in-lieu fee language • Improvements occur during development • Expanded allowable tree species in right-of-way 260 MUNICIPAL CODE AMENDMENT • July 2021: City approved Middle Income Housing Program • Created 649 middle-income housing units at Elan and Breakwater. • Acquired through Joint Powers Authority with tax exempt bonds • Requires City to forgo property tax revenue for up to 30 years • September 2023: City Council considered a potential charter amendment to require a vote of the people if the City were to approve another middle-income housing program that requires the City to forgo property tax revenue • Final direction was to bring forward as an ordinance for Council consideration rather than a Charter amendment • Proposed ordinance requires • Affirmative vote of a majority of the City Council • Affirmative vote of the electors voting on a proposition in a general or special election 261 RECOMMENDATION • The Planning Commission and Staff recommend approval of Zoning Text Amendment No. 23-002 based on the following: • Consistent with General Plan goals and policies. • Cleans up the HBZSO and BECSP to improve clarity, address deficiencies, and maintain currency; • Codifies existing policies and code interpretations and allows select entitlement requests to be permitted by right; and • Results in better customer service by providing clear requirements as well as prompt and cost-effective review process. • The City Council is also requested to consider approval of Ordinance No. 4322 to add Chapter 3.60 to the HBMC related to Joint Exercise of Power of Agreements for Middle Income Housing developments. 262 Questions? 263 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-368 MEETING DATE:5/21/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Sunny Han, Chief Financial Officer PREPARED BY:Tara Mukund, Senior Accountant Subject: Approve the escheatment of Unclaimed Funds Per Government Code Sections 50050-50057 Statement of Issue: The City is currently holding $7,006.01 in unclaimed funds. Per Government Code Sections 50050- 50057, unclaimed funds less than $15.00, which remain unclaimed for over one year become the property of the City. In addition, unclaimed funds $15.00 or greater that are not the property of the City, that remain unclaimed for over three years, and have not been claimed after publication of a notice, become the property of the City. Financial Impact: This action will result in additional revenue of $7,006.01 for the City’s General Fund. Recommended Action: Review and approve the transfer of $7,006.01 of unclaimed funds from the City’s Unclaimed Funds Liability Account to the City’s Miscellaneous Revenue Account 10000100.48550 in compliance with Government Code Sections 50050-50057. Alternative Action(s): Do not approve the recommendation and direct staff accordingly. Analysis: The City has developed a procedure based on Government Code Sections 50050-50057 (Attachment 1) for the escheatment of funds. Under this procedure (Attachment 2), a list is prepared by the Finance Department of unclaimed funds less than $15.00, which have been unclaimed for over one year as of June 30, 2023. Pursuant to Government Code Sections 50050-50057, the Chief Financial Officer published a notice of all unclaimed funds over three years old and $15.00 or greater (Attachment 3) on January 18, 2024, and January 25, 2024, in an adjudicated newspaper (the Huntington Beach Wave). The City released funds on all verified claims which were timely filed. The City of Huntington Beach Printed on 5/15/2024Page 1 of 2 powered by Legistar™264 File #:24-368 MEETING DATE:5/21/2024 remaining unclaimed funds total $7,006.01 (Attachment 4). Environmental Status: Not applicable Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. Attachment(s): 1. Government Code Sections 50050 to 50057 2. Escheatment of Funds Procedure 3. Newspaper Publication and Claim Form 4. Unclaimed Funds List Fiscal Year 2022/23 5. FY 2022/23 Presentation City of Huntington Beach Printed on 5/15/2024Page 2 of 2 powered by Legistar™265 ATTACHMENT 1 GOVERNMENT CODE – TITLE 5. LOCAL AGENCIES [50001 – 57550] 50050. For purposes of this article, “local agency” includes all districts. Except as otherwise provided by law, money, excluding restitution to victims, that is not the property of a local agency that remains unclaimed in its treasury or in the official custody of its officers for three years is the property of the local agency after notice if not claimed or if no verified complaint is filed and served. At any time after the expiration of the three-year period, the treasurer of the local agency may cause a notice to be published once a week for two successive weeks in a newspaper of general circulation published in the local agency. At the expiration of the three-year period, money representing restitution collected on behalf of victims shall be deposited into the Restitution Fund or used by the local agency for purposes of victim services. If a local agency elects to use the money for purposes of victim services, the local agency shall first document that it has made a reasonable effort to locate and notify the victim to whom the restitution is owed. The local agency may utilize fees collected pursuant to subdivision (l) of Section 1203.1 or subdivision (f) of Section 2085.5 of the Penal Code to offset the reasonable cost of locating and notifying the victim to whom restitution is owed. With respect to moneys deposited with the county treasurer pursuant to Section 7663 of the Probate Code, this three-year period to claim money held by a local agency is extended for an infant or person of unsound mind until one year from the date his or her disability ceases. For purposes of this section, “infant” and “person of unsound mind” have the same meaning as given to those terms as used in Section 1441 of the Code of Civil Procedure. 50051. The notice shall state the amount of money, the fund in which it is held, and that it is proposed that the money will become the property of the local agency on a designated date not less than forty-five days nor more than sixty days after the first publication of the notice. 50052. Upon or prior to publication, a party of interest may file a claim with the treasurer which must include the claimant’s name, address, amount of claim, the grounds on which the claim is founded, and any other information that may be required by the treasurer. The claim shall be filed before the date the unclaimed money becomes the property of the local agency as provided under Section 50051 and the treasurer shall accept or reject that claim. If the claim is rejected by the treasurer, the party who submitted the claim may file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within the county in which the notice is published, and serves a copy of the complaint and the summons issued thereon upon the treasurer. The copy of the complaint and summons shall be served within 30 days of receiving notice that the claim was rejected. The treasurer shall withhold the release of the portion of unclaimed money for which a court action has been filed as provided in this section until a 266 ATTACHMENT 1 decision is rendered by the court. 50052.5. (a) Notwithstanding Section 50052, the treasurer may release to the depositor of the unclaimed money, their heir, beneficiary, or duly appointed representative, unclaimed money if claimed prior to the date the money becomes the property of the local agency upon submitting proof satisfactory to the treasurer, unless the unclaimed money is deposited pursuant to Section 7663 of the Probate Code. (b) Notwithstanding Section 50052, the treasurer may release unclaimed money deposited with the county treasurer pursuant to Section 7663 of the Probate Code, to any adult blood relative of either the decedent or the decedent’s predeceased spouse. (c) Notwithstanding Section 50052, the treasurer may release unclaimed money deposited with the county treasurer pursuant to Section 7663 of the Probate Code to the parent who has legal and physical custody of a minor who is a blood relative of either the decedent or the decedent’s predeceased spouse without the need to appoint a legal guardian for the minor as follows: (1) If the value of the unclaimed money deposited with the county treasurer is five thousand dollars ($5,000) or less, the treasurer may release the money according to Section 3401 of the Probate Code. (2) If the value of the unclaimed money deposited with the county treasurer is sixty thousand dollars ($60,000) or less, and the money is not released under paragraph (1), the unclaimed money may be released by the treasurer to the parent who shall, after payment of any costs incurred in making the claim, hold the money in trust, to be used only for the care, maintenance, and education of the minor, and the parent shall be liable therefor to the minor under the fiduciary laws of this state. The money held in trust shall be released to the minor when the minor reaches the age of majority. (d) The claim shall be presented to the county treasurer in affidavit form and signed under penalty of perjury. Notwithstanding Section 13101 of the Probate Code, the claimant, to be entitled to the entire escheated estate, needs only to establish with documentary proof the existence of a blood relationship to either the decedent or of the predeceased spouse, if any, and the documentary proof, if regular on its face, need not be certified. Notwithstanding Section 13101 of the Probate Code, the claimant shall not be required to declare that no other person has an equal or superior claim to the escheated estate. The county treasurer may rely in good faith on the sworn statements made in the claim and shall have no duty to inquire into the truth or credibility of evidence submitted. In paying out the escheated estate, the county treasurer shall be held harmless to all. Payment shall act as total acquittance and shall completely discharge the county treasurer from any liability. If the county treasurer rejects any claim made hereunder, the claimant may take his or her grievance to the Superior Court of the county holding the escheated estate. Any claim paid hereunder shall be paid without interest. 267 ATTACHMENT 1 50053. When any such money becomes the property of a local agency and is in a special fund, the legislative body may transfer it to the general fund. 50054. Whenever any city or county or city and county renders construction services or constructs public works for any city, county, city and county or any other governmental agency below the level of the state government, the price charged for such services or construction shall be sufficient to reimburse the governmental body performing such services for the full cost thereof including labor, material, equipment costs or rentals and a reasonable allowance for overhead. In computing overhead, without limitation on other factors properly includable, there shall be allocated to the overhead cost its proportionate share of indirect labor and administrative costs. 50055. Any other provision of this article notwithstanding, any individual items of less than fifteen dollars ($15), or any amount if the depositor’s name is unknown, which remain unclaimed in the treasury or in the official custody of an officer of a local agency for the period of one year or upon an order of the court may be transferred to the general fund by the legislative body without the necessity of publication of a notice in a newspaper. 50056. The responsibilities of the treasurer as provided under this article may be delegated by the treasurer to the agency, district, or department that maintains the supporting records of the unclaimed money based on the initial receipt or deposit of that money or both. 50057. For individual items in the amount of five thousand dollars ($5,000) or less, the legislative body of any county may, by resolution, authorize the county treasurer to perform on its behalf any act required or authorized to be performed by it under Sections 50050, 50053, and 50055. The resolution shall require that the county auditor be informed of each act performed under the authorization. 268 1 EEsscchheeaatt ooff MMoonneeyy GGoovv''tt SSeeccttiioonn 5500005500--5500005577 Updated May 2018 I. Operating Expenses – Under Minimum ($15.00) Accounting Services: A) At the end of every fiscal year, identify all outstanding checks by check number, date, name which are under $15.00 and which are over one (1) year old for all bank accounts. Provide list to Chief Financial Officer. Cashiering & Collections Services Division: B) Chief Financial Officer or his/her designee to request Council action for approval of the transfer of these funds to revenue in the General Fund. II. Operating Expenses and Bond Funds – Equal or Greater Than Minimum ($15.00) Accounting Services: A) At the end of every fiscal year, identify all outstanding checks by check number, date, name which are equal or greater than $15.00 and which are over 1 year old. Send a letter notifying payees of outstanding check that has reached “Abandoned Property Status” allowing three (3) weeks for a response. B) Upon receipt of a letter, a party of interest may file a claim with the Chief Financial Officer, which must include cl aimant’s name, address, amount of claim, identification, the grounds on which the claim is founded and any other information that may be required by the Chief Financial Officer. (Copy of “Claim form” attached.) The Cashiering & Collections Division will provide this to the Chief Financial Officer or his/her designee for review and approval. If approved, paperwo rk for issuance of a new check will be processed by Accounting Services. C) After the response period has expired, identify these items as stale over one (1) year. D) At the end of every fiscal year, identify all remaining outstanding checks over three (3) years old including check number, date and name and move to Unclaimed Warrants account. Provide list to the Chief Financial Officer. ATTACHMENT 2 269 2 Cashiering & Collections Services Division A) Chief Financial Officer will direct his/her designee to provide the list of unclaimed moneys to be published in a newspaper notice. The notice is to be published once a week for two successive weeks in a newspaper in the County or the City, and circulated in the City. The notice shall state the amount of money and payee name, and that it is proposed that the money will become the property of the City on a designated date not less than forty-five (45) days nor more than sixty (60) days after the first publication of the notice. B) Upon publication, a party of interest may file a claim with the Finance Department which must include claimant’s name, address, amount of claim, identification, the grounds on which the claim is founded and any other information that may be required by the Chief Financial Officer. (Copy of “Claim Form” attached.) The Chief Financial Officer or his/her designee will review and approve. If approved, paperwork for issuance of a new check will be processed by Accounting Services. C) After the second publication in a newspaper, the Chief Financial Officer or his/her designee will prepare a Request for Council Action and request Council approve the transfer of all amounts in the Unclaimed Warrants account over three (3) years old to the General Fund or if it is restitution collected on behalf of victims, it shall be either deposited into the Restitution Fund or used by the City for purposes of victim services after the expiration of the three-year period. D) This procedure shall also be followedfor Bond funds which have been held in trust by the City and released. Such outstanding checks are included in the population of checks described in this section. ATTACHMENT 2 270 271 PUBL IC NOTICE NOTICE IS HEARBY GIVEN THAT. the Ch ief Fi nonciol Officer of the City ot Hoo tino ton 8coch. Co11nty of Oron90, Sto le ol Colifomia, deelores tha t lhe following mooe1orv sums hove been held bv the Chiel Financial Officer and hove rema ined onclo l med In the fUflds hereo lter I nd icated for a period of wer three (3> yeors ond wlll become t he ProPCrtY of the Cilv of H1mtinoton 8cx,ch on the 71h dov of Moreh.. 202,t o t 6:00PA\. o dote not 1-C$$ lhtin for ty.five (45) doys nor more t h()n sixty (60) dOY$Ofle-t fi rs t l)Oblicori on Of this Nolioe. Any POrlv of interest mov, M or lo 100 dole designotOO he r ein obove, file o cloim wit h the Chie f Fi nonc:iol Office r v,hi<h includes the Cloi mon t's name, address. omounr o f claim, the grounds on Which l he ckii m is k)uni::Jed ones t he do te, name, amount, and heed ing sho'Nn In this notice. The Chief FIOOl'lclol Officer may accept or relect t he cl olm. 11 rttiectcd b Y the C.hicf finonciol Offioor, tho POrtv sUbmitting the c lo im moy, with in 30 don of rttcei ving o notice ot teieetiOI\. me ond serve on the Chief FinonciCJI Officer o vetified com1>loint seek.in~ 10 recover oll, or o detignote<S part, of the uncial med funds. Clolm forms o reavollobleot: www.l'MJn tingto.,begchco.s;i0VJUnc1oime(I Fyne1s . Referei.ce BES T MARINA CORP OB A T HE ORUGGIST2 JASON HANO KEN T HORTO N DEAN HU YN H ST EVE MARE I K PACI F IC E NT ERPRISES U Nl.lM ITEO RO BIN SILVER PAIGE TIINAER WEST POINT PROPERTY MGMT SCOTT BAN UE LOS S H ERRY BULLOC K BUTTERF LY TRUS T THERESA H INOJOSA LA NCE J ACKSON GEMIA PARCON THE RESA POSTER T HANH TRANG SOLAR V IVINT /,\ARK CAS TE LLANET T YLE R KEEN SASHAKLAE8 WHAT ARACK L LC CFC IA ROBERT YOUNGER MEHMEOALICAJ IC OLAF BAILEY COUS IN S TAC KLE CORP ELEAN OR DUNAGAN RICHARD HARRIS CHRISTINE NGO CAR ISSA NI EORIN G HAUS PATTIE OJ A PATRICK SANT IBANEZ BRIAN TAYLOR SHARO N WALTE R S BRANDON BURKE VLAST IMIL CHVOJ KA R UTH LANGE HUY E N NGUYEN THE LI RON GROUP IN C A NG L IQUE BOCHUO T REVOR BECK RICHARD HOYER PATR IC IA LAWRENCE REBECCAA\ABRY ZVONIMI R MAM IC /•\ARCO /•\ANSO S HA EAIAC K IVER JESUS PAD IL LA M ITCHELL VA LADEZ DELORES COWAN TSPOT F ITNESS IN C KORl80ROEAUX A NGELIA K UNZ C LAUDIA/1\00RE BLU E CROSS BLUE SHI ELD OF 11.LI NOIS RELIASTAR L IFE INSURANCE COMPANY MICHAE L HUOOY JAROI,\ Sl•\ITH RELIASTAR L IFE INSURANCECOIAPANY CAMILLE SUMMONS CNOA REGION IV R ELIASTAR L IFE INSURANCE COMPANY DOVER ARTIF IC IAL LI FT OIEN PHAIA DORIS KAFER DORIS KAFER JAKE W ILLIS JAMI ERDE L AR.A CHI DO-RODEWALD KR ISTEN FREEMAN JUL IA LUCAS RDFN VENTURES INC NANCY SUTTON KELSEY COOPER CAROLCA LAHAND FAMILY HAB ITAT INC THA.OVO LE THANH E ILEEN NEWCOM ER PATRIC IA T HORIN WOOOV/INOCOMME RCE P ARK WOODWI ND COMME RCE P ARK·127V6S DON ZI NN PA T RIC IA KL IN G JACKARNO LO JORDAN EA\ERICK ASHLEY MURGI TTROYO TONIA SEAL KEJTI ANTU NES /MRIACAS IANO CAMERON KE ITH Dole 7119/2019 1/19/'2019 7/19/2019 7/19/2019 1/19/'20 19 1/19/2019 7119/2019 1/19/'20l9 7/19/201 9 lllm(l19 lllm(ll9 1Vm<119 8/31\'2019 lllm(ll9 lllm<l19 lllm(l19 lllm(l19 9n lWl9 9nM019 9,21)'2019 9J2t)'2019 9n112019 10/1IV2019 10/1&'2019 l0/2S/2019 1 Qf1Sl2019 lQ.1'25/2019 lo.,w2019 1Qf1Sl2019 10/2S'2019 10/25/2019 1Qf1Sl2019 10/Wl019 10/2S/2019 1Qf1Sl2019 ll/l!w'2(1 19 lln5'2019 11n ~19 11/1~19 lln 5'2019 12/21)'2019 12/2W2019 12/2t)'2019 12/21)'Z019 12/2®019 1212')'20l9 l2/2M019 12/2®019 12/2t)'20l9 12121)'2019 1mm20 1/1000'20 ln.v2020 1/31/2020 1/31/2020 2/JtmO 2/JtmO 2/14/2020 2/14/2020 2/21tm0 ~ 'J/6f1!110 3/6f1!110 'J/6f1!110 'J/ll'2020 'J/ll'2020 3/ll'2020 'J/27tm0 (llW,0,0 4/IW,O,O (llW,0,0 (llW,0,0 4/11/2020 .\12-l/2020 •= "8/2020 •= S,W,0,0 S,W,0,0 •= "8/2020 S,W,0,0 5/15/2020 srnrmo smrmo S12/2020 snirmo S/'i'IIN20 6/l/2020 f,lf,J'/IY/!J C~Ck NO. 652291 852325 as,337 85233' 852360 8$2378 852412 852426 852435 8533'8 8533S2 S533S3 853319 8533'3 853409 853413 853636 853708 853921 853939 853941 8539n 8544" 8S4S8S 8$4118 .,.,.. .,.,., 854196 8SA803 854824 85482a 854830 854839 854841 854854 855339 855342 8SSlS8 855369 855311 856078 85624 1 856158 856262 856264 856266 &$6261 856211 856173 856282 856656 856701 8S6965 8S7168 857170 857219 851363 8514'0 851543 851688 851808 851818 851991 858008 85803-1 858208 858209 858221 858464 859033 859036 859050 8590/AI 859269 859•122 859779 859182 85919,1 859801 859818 859821 859822 859825 859910 8'0183 860186 86019S 8'0199 8602 12 860362 ,.,_,n Amount 102.52 29.11 21 .32 62.13 66.38 1~86 29.16 55.1 0 53.12 21.14 ,._., 37.98 32.51 68.S8 68.19 33.19 33.92 3$.64 21.76 17.19 83.39 29.66 100.00 54 ,00 17.30 ,._,, 61.1 8 67.54 67.12 10.1 0 23.61 135.80 48.00 137.13 30.87 156.S3 99S1 31.76 59.02 53.47 ,~oo 15.24 16.54 ,IJ.18 23.44 80.00 21.50 33.BS 21.31 91.22 128.B5 56.1 2 19.41 S0.47 18.1 4 l,091..88 21.50 90.00 23,26 21.50 154.00 so.oo 21.50 84.Sl 15.52 43.53 59.4S 24.40 S&OO 150.00 34.11 ,1:)..84 15.59 22.65 100.00 106.77 18.80 68.66 31.Jl 54.61 112.47 45.12 Sl.39 83.00 40.28 42.66 61.93 16.33 46.00 23,91 l7.2l iiiGENEVA.7 i,.P.ARTA\ENTS wi·wmo 860639 3i:OO RICK TULLY 6/19f/.<11.<J 860166 80.16 CUR.TCOFFEY 61161'/JY/!J uom 70.,S SARAH ROD RIGUEZ 6/161'/JY/!J """' 15.9S BRYAN TRAN 6/161'/JY/!J 861001 41.00 ROBERT TUCKER 61161'/JY/!J UIOO'l 56.54 OONNALFRANK 61161'/JY/!J UlllO'I 8UO CHRISM SHEEHAN 3/ZJ/2020 623066 386.42 CLAIM FORM - UNCLAIMED FUNDS Original Payee Name: Claimant Name: ________________________________________ Phone #: _________________________ (if different) Current Address: DL#:SS#/TIN:Phone #: (Individuals: please attach a copy of your driver’s license) Address when check was written: Reason for original check issue (if known): Original Check: Date:Amount: In consideration thereof, it is agreed that the undersigned, the heirs, executors, successors or assigns of the undersigned, will indemnify and hold harmless the City of Huntington Beach, or assigns, from and against any and all claims, liability, loss, damage, expenses, counsel fees and costs arising through or by reason of any endorsement, presentation, negotiation, collection or any attempt at collection or negotiation of the Original Check or the Replacement Check by the undersigned, the employees, or agents of the undersigned. In the event the Original check shall be found, the undersigned agrees to deliver to cause the same to be delivered to the City of Huntington Beach for cancellation and to reimburse the City of Huntington Beach for all expenses incurred by reason of the issuance of the Replacement Check. Authorized Signature: ________________________________________ Date: _________________________ Name (Print): ______________________________________ Title: __________________________________ Please mail back to: City of Huntington Beach Attn: Finance Department –Unclaimed Funds P.O. Box 190 Huntington Beach, CA 92648-0190 CITY OF HUNTINGTON BEACH FINANCE DEPARTMENT P.O. BOX 190 HUNTINGTON BEACH, CALIFORNIA 92648-0190 TELEPHONE: (714) 536-5200 FAX: (714) 536-5934 www.huntingtonbeachca.gov/unclaimedfunds City of Huntington Beach Use Only Finance Confirmed item on outstanding check list Name/Date: __________________Check if O/S at bank ______________________________________ Input & Processed claim Name/Date: ________________________________Void check at bank _______________________________________ Replacement Check: Check # _________________ Check Date: __________Authorize reissue of check _________________________________ In order to process a replacement check and claim these funds, the City of Huntington Beach Chief Financial Officer must receive this form 274 Unclaimed Fund Under $15 Check Date Payee Name Check No.Check Amount 7/16/2021 JENNIFER FOX 871542 6.04 7/16/2021 MELISSA TABAYOYOHG 871604 13.89 7/30/2021 THERESA BANGLE 871816 1.00 8/13/2021 MARY SANTANA 872369 6.00 10/29/2021 LEAH BARNETTE 874105 10.49 10/29/2021 KATY NACHBAUR 874172 9.08 10/29/2021 BRITTINA ROLLINS 874192 13.44 12/31/2021 BRIAN C JONES 875535 10.03 1/14/2022 WISAM KHADER 875950 5.18 1/14/2022 JOHN VAN HOLT 876025 5.77 4/8/2022 RUTHANNE BUSCH 878031 10.48 4/8/2022 ABEER DOSSI 878051 5.14 4/8/2022 JASON MARSH 878101 11.07 4/8/2022 JENNIFER ROACH 878138 13.45 4/8/2022 THE WESTWINDS TRUST #19852 878164 8.64 4/8/2022 CRAIG TUCKER 878170 14.31 6/17/2022 ERIN KELLER 879837 11.19 6/17/2022 CATHY LIU 879850 10.17 6/17/2022 STEPHANIE MIRAMONTES 879863 12.84 6/17/2022 SARA MONTALAT ZERDU 879864 11.67 6/17/2022 MICHAEL STOCK 879909 14.63 Total check 1 year old and under $15.00 204.51$ 275 Unclaimed Fund $15 and Over Check Date Payee Name Check No.Check Amount 7/19/2019 BEST MARINA CORP DBA THE DRUGGIST 852291 102.52 7/19/2019 JASON HAND 852325 29.77 7/19/2019 KENT HORTON 852337 21.32 7/19/2019 DEAN HUYNH 852338 62.13 7/19/2019 STEVE MAREIK 852360 66.38 7/19/2019 PACIFIC ENTERPRISES UNLIMITED 852378 16.86 7/19/2019 ROBIN SILVER 852412 29.76 7/19/2019 PAIGE TIMMER 852426 55.10 7/19/2019 WEST POINT PROPERTY MGMT 852435 58.72 8/30/2019 SCOTT BANUELOS 853348 27.74 8/30/2019 SHERRY BULLOCK 853352 38.84 8/30/2019 BUTTERFLY TRUST 853353 37.98 8/30/2019 THERESA HINOJOSA 853379 32.57 8/30/2019 LANCE JACKSON 853383 68.58 8/30/2019 GEMIA PARCON 853409 68.19 8/30/2019 THERESA POSTER 853413 33.19 8/30/2019 THANH TRANG 853434 33.92 9/13/2019 VIVINT SOLAR 853708 35.64 9/20/2019 MARK CASTELLANET 853927 22.76 9/20/2019 TYLER KEEN 853939 17.79 9/20/2019 SASHA KLAEB 853941 88.39 9/20/2019 WHAT A RACK LLC 853972 29.66 10/18/2019 CFCIA 854472 100.00 10/18/2019 ROBERT YOUNGER 854585 54.00 10/25/2019 MEHMED ALICAJIC 854778 17.30 10/25/2019 OLAF BAILEY 854780 78.37 10/25/2019 COUSINS TACKLE CORP 854792 61.18 10/25/2019 ELEANOR DUNAGAN 854796 67.54 10/25/2019 RICHARD HARRIS 854803 67.72 10/25/2019 CHRISTINE NGO 854824 70.10 10/25/2019 CARISSA NIEDRINGHAUS 854828 28.67 10/25/2019 PATTIE OJA 854830 135.80 10/25/2019 PATRICK SANTIBANEZ 854839 48.00 10/25/2019 BRIAN TAYLOR 854847 137.73 10/25/2019 SHARON WALTERS 854854 30.87 11/15/2019 BRANDON J BURKE 855339 156.53 11/15/2019 VLASTIMIL CHVOJKA 855342 99.51 11/15/2019 RUTH LANGE 855358 31.76 11/15/2019 HUYEN NGUYEN 855369 59.02 11/15/2019 THE LIRON GROUP INC 855377 58.47 12/20/2019 ANGLIQUE BOCHUD 856078 46.00 12/20/2019 TREVOR BECK 856241 15.24 12/20/2019 RICHARD HOYER 856258 76.54 12/20/2019 PATRICIA LAWRENCE 856262 44.18 12/20/2019 REBECCA MABRY 856264 23.44 276 Unclaimed Fund $15 and Over 12/20/2019 ZVONIMIR MAMIC 856266 80.00 12/20/2019 ANTONIO MANSO MARCO 856267 21.50 12/20/2019 SHAEA MCKIVER 856271 33.85 12/20/2019 JESUS PADILLA 856273 27.37 12/20/2019 MITCHELL VALADEZ 856282 91.22 1/10/2020 DELORES COWAN 856656 128.85 1/10/2020 TSPOT FITNESS INC 856701 56.12 1/24/2020 KORI BORDEAUX 856965 19.41 1/31/2020 ANGELIA KUNZ 857168 50.47 1/31/2020 CLAUDIA MOORE 857170 18.14 2/7/2020 BLUE CROSS BLUE SHIELD OF ILLINOIS 857219 1,097.88 2/7/2020 RELIASTAR LIFE INSURANCE COMPANY 857363 21.50 2/14/2020 MICHAEL HUDDY 857440 90.00 2/14/2020 JAROM SMITH 857543 23.26 2/21/2020 RELIASTAR LIFE INSURANCE COMPANY 857688 21.50 2/28/2020 CAMILLE SUMMONS 857808 154.00 3/6/2020 CNOA REGION IV 857878 50.00 3/6/2020 RELIASTAR LIFE INSURANCE COMPANY 857991 21.50 3/6/2020 DOVER ARTIFICIAL LIFT 858008 84.53 3/6/2020 DIEN PHAM 858034 15.52 3/13/2020 DORIS KAFER 858208 43.53 3/13/2020 DORIS KAFER 858209 59.45 3/13/2020 JAKE WILLIS 858227 24.40 3/27/2020 JAMIE R DE LARA 858464 58.00 4/10/2020 CHI DO‐RODEWALD 859033 150.00 4/10/2020 KRISTEN FREEMAN 859036 34.77 4/10/2020 JULIA LUCAS 859050 43.84 4/10/2020 RDFN VENTURES INC 859060 15.59 4/17/2020 NANCY SUTTON 859269 22.65 4/24/2020 KELSEY COOPER 859422 100.00 5/8/2020 CAROL CALAHAND 859779 106.77 5/8/2020 FAMILY HABITAT INC 859782 18.80 5/8/2020 VO LE THANH THAO 859794 68.86 5/8/2020 EILEEN NEWCOMER 859801 31.33 5/8/2020 PATRICIA THORIN 859818 54.67 5/8/2020 WOODWIND COMMERCE PARK 859821 172.47 5/8/2020 WOODWIND COMMERCE PARK‐127965 859822 45.12 5/8/2020 DON ZINN 859825 51.39 5/15/2020 PATRICIA KLING 859910 88.00 5/22/2020 JACK ARNOLD 860183 40.28 5/22/2020 JORDAN EMERICK 860186 42.66 5/22/2020 ASHLEY MURGITTROYD 860195 61.93 5/22/2020 TONIA SEAL 860199 16.33 5/29/2020 KEITI M ANTUNES 860212 46.00 6/5/2020 MARIA C CASIANO 860362 28.91 6/5/2020 CAMERON KEITH 860471 17.23 6/19/2020 212 GENEVA ‐ APARTMENTS 860639 31.00 277 Unclaimed Fund $15 and Over 6/19/2020 RICK TULLY 860766 80.16 6/26/2020 CURT COFFEY 860973 70.25 6/26/2020 SARAH RODRIGUEZ 860993 15.95 6/26/2020 BRYAN TRAN 861001 41.00 6/26/2020 ROBERT TUCKER 861002 56.54 6/26/2020 DONNA L FRANK 861009 84.80 3/27/2020 CHRIS M SHEEHAN 623066 386.42 Total check 3 years and older and over $15.00 6,801.50$ TOTAL 7,006.01$ 278 Escheatment of Unclaimed Funds May 21, 2024 279 Escheatment Process for Unclaimed Funds •Each fiscal year, a list of unclaimed funds $15 or greater and over three years old is prepared. •Each payee on this list was sent a letter notifying them of their outstanding warrants and given three weeks to respond. •After the three week period and completion of all outstanding warrants claims, the Chief Financial Officer publishes a notice of all unclaimed funds over three years old and $15 or greater, per CA Govt Code § 50050-50051. •The list was published on January 18, 2024, and January 25, 2024, in the Huntington Beach Wave. Payees were given until March 7, 2024, to respond. •All unclaimed warrants at this point may be transferred to the City’s General Fund upon approval by City Council per CA Govt Code § 50053. •Additionally, any unclaimed funds under $15 outstanding for more than one year do not require publication and can be transferred to the City’s General Fund upon approval by City Council per CA Govt Code § 50055. 280 Questions? 281 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-348 MEETING DATE:5/21/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Marissa Sur, Director of Human Resources PREPARED BY:DeAnna Soria, Risk Manager Subject: Approve and Authorize Execution of a Professional Services Contract with Carl Warren & Company for Liability Claim Investigation and Processing Statement of Issue: Following the issuance and evaluation of a Request for Proposal (RFP) for Third Party Administration of the City’s General Liability claims, Staff recommends awarding a three-year contract to Carl Warren & Company. Financial Impact: The proposed contract is for an amount not to exceed $750,000 over a three (3) year period. There is sufficient funding in Fiscal Year 2023-24 for this agreement in General Liability Insurance Fund Account No. 55230502.69635. The annual fiscal impact of the base administrative fees during the term of the contract is: Year 1) $160,000; Year 2) $166,400; and Year 3) $173,056. Additional contract funding is for anticipated property recovery service fees, which will be offset by subrogation revenues. Future year costs will be included in future budgets. Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract between the City of Huntington Beach and Carl Warren & Company for Liability Claim Investigation and Processing” in the amount not to exceed $750,000 for a three (3) year period. Alternative Action(s): Do not approve the agreement and direct staff accordingly. Analysis: The City maintains a program of self-insurance for General Liability pursuant to the California Tort Claims Act and has contracted with Carl Warren since 1991 to provide third party administration services. The current contract with Carl Warren & Company expired on February 18, 2024. Following the City’s best practices to routinely search the open market for cost competitive and superior quality City of Huntington Beach Printed on 5/15/2024Page 1 of 2 powered by Legistar™282 File #:24-348 MEETING DATE:5/21/2024 the City’s best practices to routinely search the open market for cost competitive and superior quality services, the City issued an RFP for qualified firms to provide General Liability Third Party Administration Services in 2023. The City issued the RFP via Planet Bids and received proposals from two (2) qualified firms. Following an evaluation process by a panel of industry professionals, Carl Warren & Company was identified as the most qualified proposer based on their experience and pricing. Staff recommends the approval of a three (3) year contract with Carl Warren & Company. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Professional Services Contract with Carl Warren & Company 2. Professional Service Award Analysis City of Huntington Beach Printed on 5/15/2024Page 2 of 2 powered by Legistar™283 284 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CARL WARREN AND COMPANY LIABILITY CLAIM INVESTIGATION AND PROCESSING THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Carl Warren, an Arizona Company hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide liability claim investigation and processing services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3 .03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perfotm these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSUL TANT shall provide all services as described in Exhibit t1 A, t1 which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Richard McAbee who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 24•14162/332358 1 of 11 285 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on February 18, 2024 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one (1) year from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSUL TANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 24-14162/332358 2 of 11 286 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULT ANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall tum these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out ofor in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULT ANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the an10unt of indemnification to be provided by CONSUL TANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 24-14162/332358 3 of 11 287 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pe1iain to, or relate to the negligence, recklessness, or willful misconduct of CONSUL TANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's propo1iionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankmptcy or dissolution of the business, CONSULT ANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incmred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 24-141621332358 4 of 11 288 policy "deductible" of Ten Thousand Dollars ($ I 0,000.00) or less is pe1mitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies pmchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to fmthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 24-14162/332358 A. B. provide the name and policy number of each carrier and policy; state that the policy is cunently in force; and 5 of 11 289 C. shall promise that such policy shall not be suspended, voided or canceled hy either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set fotth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 24-14162/332358 6 of 11 290 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULT ANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section l hereinabove) or to CITY as the situation shall waimnt, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. ce1tified mail-return receipt requested: 24-1416V3323S8 7 of 11 291 TO CITY: City of Huntington Beach ATTN: Deanna Soria 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSUL TANT: Carl Warren and Company 175 N. Riverview Drive, Unite A Anaheim, CA 92808 Attn: Richard McAbee When CITY's consent/approval 1s required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 24•14162/332358 8 of 11 292 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the pa1ties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSUL TANT shall be responsible for full compliance with the immigration and natmalization laws of the United States and shall, in paiticular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSUL TANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24-14162/332358 9 of 11 293 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the tenns and/or provisions of this Agreement or to secure the performance hereof, each patty shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or te1mination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and wanants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28, ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that patty or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, waiTanty, fact or circumstance not expressly set forth in this 24-!4!62/332358 10 of 11 294 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subj ect matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval b y the City Council. This Agreement shall expire when terminated as provided herein. fN WITNESS WHEREOF, the parties hereto have caused this Agreement to b e executed by and through their authorized officers. CONSULTANT, Carl Warren and Company ITS: (circle on~ Chai rm an/Pres i1cntNice Pre~ By: _-=::r-f---'::::~:--:------.---::-----=----~--- J Jc.'li.rJ /t(;flk,4--{L ,.J print name~..------., ITS: (circle one) Secretar) Chief Fin anc ial Officer lA..sst. Secretary -Treasurer CITY OF HUNTfNGTON BEACH, a municipal corporation of the State of California Mayor City Clerk REVIEWED AND APPROVED: City Manager 24-14 162/332358 11 of 11 295 A. EXHIBIT "A" STATEMENT OF WORK: (Narrative of work to be performed) See attached Exhibit A. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: See attached Exhibit A. C. CITY'S DUTIES AND RESPONSIBILITIES: See attached Exhibit A. D. WORK PROGRAM/PROJECT SCHEDULE: See attached Exhibit A. EXHIBIT A 296 EXHIBIT "A" SCOPE OF WORK The Consultant is to provide th,; City with the following services: A. Program Administration: Consultant shall: 1. Provide professional and technical staff to perform General Liability Claims Administration services with the assignment of qualified personnel, including at least one principal claims examiner, to efficiently and effectively meet the scope of work listed in this section. Such assignment shall be subject to approval by the City. 2. Represent the City in all matters related to the set-up, investigation, adjustment, processing, negotiation and resolution of liability claims against the City. 3. lnfonn the City of changes or proposed changes in statutes, rules and regulations and any other case law affecting its General Liability Program. 4. Provide information and guidance regarding the general liability claims program and specified claims. 5. Provide copies of file correspondence and documentation as requested by City. 6. Inform City of problem areas and/or trends, both potential and perceived, and provide recommendations and/or solutions to address problem areas and/or trends. 7. Attend appointments, including but not limited to: meetings, conferences, Comt appearances and scene investigations at the request of the City. 8. Provide 24-hour on-call service by providing the City with contact information for key personnel. This may include, but is not limited to, responding to an incident scene and/or conducting investigations. 9. Conduct risk management related seminars for depaitment heads and/or City staff at the request of the City. I 0. Attempt to settle or reconunend denial of claims. 297 11. Pre~are necessary reports of claims filed for the City's primary and excess earners. 12. Establish and maintain a file for each potential claim. 13. Prepare a Monthly Status Repo1t on all claims including litigated claims. Copies of the report shall be furnished to both the city Attorney and Risk Manager within twenty (20) days of the close of each calendar month. The Monthly Status Report shall include, but is not limited to, the following: 1. The details of each claim. This includes a list of all claims segregated by policy year showing the following: policy year, case number, claimant's name, cause ofloss description, date ofloss, type ofloss, status, losses paid to date, reserves, and total incmTed; the outstanding reserves of each claim and detail of all claim payments during the month; investigative costs; claims opened and closed during the month; and any active litigation. 14. The qualified TPA will follow special requirements to the appropriate carriers for the time the City of Huntington Beach was a member of BIG Independent Cities Excess Pool (BICEP), which dissolved effective July!, 2019. 15. Provide Quarterly Claim reviews to the City. 16. Provide the City with an annual Stewardship report. 17. Submit and assist with file audits by Carriers or Pools. B. Claims Administration Consultant shall provide administrative services that include, but are not limited to: 1. At the direction of the City, claimants or their attorneys will be contacted promptly and appropriate contact will be maintained until the claim is closed. Claimants or their attorneys will receive a telephone call from Consultant or have a contact letter mailed to them from Consultant within 48 hours of receipt of claim by Consultant. 2. Obtain estimates of automobile damage when appropriate. 3. Review the status of claims and adequacy of reserves on all active cases at least evety 90 days. 298 4. If requested, provide the initial investigative report to Risk Management within thirty (30) days of receipt of claim. 5. Provide narrative repo1ts when recommending rejection or settlement of a claim, when a claim is going to trial, or when any other significant events have occurred or will occur. Reports must be clear and concise. 6. Negotiate and approve claim settlements up to $5,000 and submit notice to the Risk Manager. 7. All files will be diaried at appropriate intervals to allow for timely completion of required activity. 8. Content of all files will be in chronological order with correspondence in the designated section. 9. File will clearly and concisely document action taken on the claim. I 0. Telephone calls will be returned within I business day. 11. Review all new claims for liability and damages. Initial claim review will be completed and documented in accordance with CWC handling guidelines (available upon request) and the City's client service instructions. If requested, written status of the initial assessment will be provided to the city within (30) days from report of the loss to CWC. 12. Identify and notify possible co-defendants. 13. Tender claims to other potential responsible parties. 14. Complete and send Insufficiency letters, rejection notices, delay letters, mitigation of damages letters and other correspondence and communication as is needed. 15. Process all claims in accordance with City's instructions and policies. 16. Have translators available to assist with non-English speaking claimants and/or witnesses. 17. Maintain a procedure to alert necessary persons of important dates with respect to the claims. 18. If the possibility of subrogation exists, pursue subrogation recovery on behalf of the City pursuant to scope of work in Exhibit C. 299 19. Report to BICEP (Excess Liability Pool) or PRISM in accordance with policy provisions. 20. Comply and meet with any excess carrier claims administration requirements. C. Investigations I. Within ten (I 0) days ofreceipt of claims, unless otherwise requested by the Risk Manager, take statements of facts from claimants when not represented by an attorney. Statements will be preserved by recording or taking handwritten signed statements. 2. Fmther investigate claims where the initial review indicates that it is warranted. Further investigation may include, but is not limited to: on- sight investigation, photographs, interviewing witnesses and taking signed or recorded statements, verification of damage or loss, taking measurements, obtaining maps/diagrams from the City or other sources, obtaining medical releases, police reports, internal operations investigations, paramedic reports, marine safety department reports, building permits, or other records as required. 3. If an attorney is involved, direct all communication to the claimant's attorney regarding the investigation, negotiation, and evaluation of any claims leading to a settlement. 4. Report all bodily injury claims to Index Bureau. Conduct bureau searches for repeat claimants. Conduct additional Index Bureau searches at request of the City. 5. Obtain approval from City before engaging the services of an outside vendor for an investigative assignment. 6. Involve Risk Manager, ifwairnnted, to ensure smooth workflow between departments and City Attorney's office. D. Litigation Management Consultant shall provide Litigation Management services that include, but are not limited to: I. Provide City Attorney's Office with transmittal letter outlining the status of the case, results of investigations, primary issues, requested action, a complete copy of the file and any documentation within fomteen (14) days of receipt of lawsuit with a copy to the Risk Manager. 300 2. Maintain liaison with the City Attorney's Office and defense counsel and provide such investigation as required during the entire litigation process, including but not limited to: additional investigations for pretrial and trial that may be requested by either the City Attorney's Office or defense counsel. 3. Obtain approval from City prior to agreement or settlement. 4. Obtain a folly executed release on all settlements and dismissals. 5. Attend Settlement Conferences, mediation or arbitrations as requested. 6. Assist the City Attorney and defense counsel in preparing and/or answering discovery as requested. 7. Assist City personnel in Small Claims Court actions filed by and against City, including but not limited to: obtaining witness information, evidence, assistance in preparing the case for trial, and appearance at the trial if deemed necessary by the City. E. Subrogation/Property Recovery Services All liability and property investigative matters related to the incident or file are completed by the handling claim adjustor of Carl Warren or the City Risk Management Department. Once the investigation work is complete, the claim damage documents are transmitted to Carl Warren's subrogation team to recover the final damages. Basic information such as a police report, or other means of claimant identification of the responsible patiy to pursue, enables us to prepare a more accurate and effective demand for reimbursement. Once the damage documentation is complete to evidence the amount of recovery sought, we can bring preparation of the demand. The recovery adjustor will work closely with the City's Risk Management Department to tailor the recovery process to your needs. If subrogation potential has been identified on large loss files, with communication, or subrogation experts can have early involvement and coordinate with a subrogation attorney for site inspections, etc. 301 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) SEE ATTACHED EXHIBIT B I. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSUL TANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. All billing shall be done monthly in fifteen ( 15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who perfonned it. Each month's bill shall include a total to date. That total shall provide the total fees and costs incurred to date for the project. A copy of memoranda, letters, repo1is, calculations, and other documentation prepared by CONSULTANT may be required to be submitted to the CITY to demonstrate progress towards completion of tasks. In the event the CITY rejects or has comments, on any such product, CITY shall identify specific requirements for satisfactory completion. Upon submission of any such invoice, if CITY is satisfied that CONSUL TANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of perfonnance set forth in Exhibit "A" may at the option of CITY be suspended until the pa1iies agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. All extra work or additional services will be in accordance with the extra work or additional services and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Any dispute between the parties concerning payment of 302 such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Surfnet Exhibit B EXHIBITB Fixed Fee Payment 303 EXHIBITB COST OF SERVICES-2024: Fixed Annual Pricing -3 YEAR, 2 -1 YEAR OPTIONS CLA I MS ADI\I I N I STRATION SE R V I CES Fixed Annual Rate-Not to exceed CAP of 195 S uffixes (features)/per calendar year Incident Report/Record Only NTEFees Professional liabi lity-per s uffix (Charged on ly if Suffix CAP is exceeded) Bodily Injury-per suffix (Charged only if Suffix CAP is exceeded Property Damage-per suffix-Plus cost of appraisal ifnecessary (Charged only if Suffix CAP is exceeded) Conv Work Postage Office Expense C laims Set-Up Fee Data Processing Index Bureau (ISO Claims Search and OFAC) MMSEA F iling Fee (liability cl aims) Miscellaneous/ Allocated Loss Adj ustment Expenses (ALAE) (i.e., po lice reports, medical records, Fi e ld Wo rk Services Ad"uster Services Mil Survei ll ance/Fraud Unit Annual Administratio n Ser\ ic es • Data Management • Account Management • Annual Stewardship • Quarter! C laims Review Surfnet Exhibit B YEA R I Y E AR2 $160,000 $166,400 per year per year Included Included -- $1200 $1,248 $925 $962 $600 $624 Included Included Included Included Included Incl uded Included Included Included Included Included Included included Included At Cost At Cost Included Included IRS RATE IRS RATE At Cost At Cost At Cost At Cost Inc lu ded Included EXHIBITB Fixed Fee Payment \'EAR3 OPTION OPTI ON YEA R I \'EA R 2 $173,056 $179,978 $187,177 per year per year per year Included Incl uded Included --- $1,298 $1,350 $1,404 $1,000 $1,040 $1,080 $649 $675 $700 Included Included Included Included Included Included Included Included Included Inc luded Included Included Included Includ ed Included Included Incl uded Included Included Included Included At Cost At Cost At Cost Incl uded Included Included IRS RATE IRS RATE IRS RATE At Cost At Cost At Cost At Cost At Cost At Cost Included Included inc lud ed 304 • RMIS Trainin g/ Technical Support • Set-Up (one-time charge) • Ongoing Access (up to 3 users) Report Programming • Carrier TPA Overs ight (Data Extract, Feeds, Audits, Compliance & Reporting) Additional Users Exit Data Conversion Fee Banki ng/Trust Acco unt Services Trust Account Monitoring Check Issuance and Reconciliations Surfnet Exhibit B Inc luded Included $250 each $250 each per year per year -- Retain Retain earned e arn ed interest interest Included Included EXHJBIT B Fixed Fee Payment Included Included Include d $250 each $250 each $250 each per year per year per year --$10 ,000 Retain Retain Retain earned earned earned interest interest in terest Included Included Included 305 EXHIBIT C Subrogation All liability and property investigative matters related to the incident or file are completed by the handling claim adjuster of Carl Warren or the City Ri sk Management Depat1ment. Once the investigation work is completed, t he claim damage documents are transmitted to Carl Warren subrogati o n team to recover the final damages. Basic information s uch as a po lice report or other means of claimant identification of the respo ns ible party to pursue, enables us to prepare a more accurate and effective d emand for reimbursement. Once the damage documentation is complete to evidence the amount of recovery sought, we can begin preparation of the demands. The recovery adjuster will work closely with the City's Risk Management D epartment to tailor the recovery process to your need s. If subrogation potenti a l ha s been identified o n large loss files , with communication, our subrogati on expe11s can have early involve ment and coordinate w ith a s ubro gati o n attorney fo r s ite in s pectio ns, etc. We will charge 18% if we are able to effect 100% recovery with our fee included which will result in the City of Huntington Beach not having to pay for Carl Warren 's services. If we are unable to recover our fee with the City's subrogation recovery , we will only charge the city 15% of the net recovery . We also recommend that the city set up a Subrogation T rust Account w ith Carl W arren to strea mline the process and save the City of Huntington Beach t he bookkeeping and time to reimburse Carl Warren . There is no charge for the Subrogation Trust Account to the Ci ty of Huntington Beach. Subrogation -3 YEAR, 2-1 YEAR OPTIONS SUBROGATION SERVICES YEAR I YEAR2 Subro ation Sub ion-if we cannot recover ou 15% fee with Ci YEARJ I 8% of net recover I OPTION YEAR I 15% OPTION YEAR2 15% 306 INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested: Risk Management 2 . Date: February 7, 2024 3. Name of contractor/permittee: Carl Warren & Company 4. Description of work to be performed: Third Party Administrator for Liability Claims 5. Value and length of contract: 3 years $750,000 6. Waiver/modification request: $350,000 Retention on Professional Liability 7. Reason for request and why it should be granted: Unable to comply with requirements 8 . Identify the risks to the Cit approving this waiver/modification: Low 1. 2. APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's O ·ce disagree. Ris} Management l!2:( Approved D Denied City Attorney's Office 'fJ Approved D Denied 3. City Manager's Office D Approved D Deni d Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney 's Office along with the contract for approval. Once the contract has been approved , this form is to be filed with the Risk Management Division of Human Resources Waiver Form -Vianate 2/7/2024 2 :37:00 PM 307 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 8/2412023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies} must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Venbrook Insurance Services NAME: Venbrook Insurance Services PHON~t _ 818-598-8900 ! ;~~ Nol: 818-598-8910 6320 Canow Avenue112th Floor E-MAIL Woodland ills, CA 9 367 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# www.venbrook.com CA Lie No. 0080832 INSURER A: Sentinel Insurance Companv, Ltd. 11000 INSURED INSURERS: Technolonv Insurance Comoanv, Inc. 42376 Venbrook Holdings, LLC INSURERC: Allied World Surolus Lines Insurance Co 24319 Carl Warren & Company, LLC Carl Warren & Compant of Nevada, LLC INSURERD: 6320 Cano~a Avenue, 2th Floor INSURERE: Woodland ills CA 91367 INSURERF: COVERAGES CERTIFICATE NUMBER· 75910565 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN !S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR I 1~~frifi'UU,. l1~~T6%~1 LIMITS LTR TYPE OF INSURANCE ' ..... "'"'" POLICY NUMBER A ✓ COMMERCIAL GENERAL LIABILITY ✓ ✓ 72SBAAG9334 8/22/2023 8/2212024 EACH OCCURRENCE $ 1 000 000 I CLAIMS-MADE w OCCUR ~~~~~iJ9E~~~r~ence\ $ 1 000 000 ~ MEO EXP (Any one person) s 10 000 ~ PERSONAL & ADV INJURY s 1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ,2.000,000 R POLICY 0 ffc?,: D LOC PRODUCTS -COMP/OP AGG $2 000 000 OTHER: Deductible •o A AUTOMOBILE LIABILITY 72SBAAG9334 8122/2023 8122/2024 COMBINED SINGLE LIMIT $ 1 000,000 ~ /Ea accident\ ANY AUTO BODIL y INJURY (Per person) $ ~ OWNED -SCHEDULED BODIL y INJURY (Per accident) ' ~ AUTOS ONLY -AUTOS ,__L_ H!RED __.!__ NON-OWNED PROPERTY DAMAGE ' AUTOS ONLY AUTOS ONLY IPer accident\ Deductible so UMBRELLA LIAS HOCCUR EACH OCCURRENCE $ ~ EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION s ' B WORKERS COMPENSATION TWC4309755 812212023 8122/2024 ✓ l ~ffrnTE I j OTH- ANO EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETORIPARTNERIEXECUTIVE w E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH} E.L. DISEASE -EA EMPLOYEE S 1 000 000 If yes. describe under DESCRIPTION OF OPERATIONS below E.l. DISEASE -POLICY LIMIT s 1 000 000 C Errors & Omissions 0312-1299 61112023 61112024 $5,000,000 each claim/agg, $350,000 ret. DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Addftlonal Remarks Schedule, may be attached If more space Is required) Segment Carl Warren & Company LLC City of Huntington Beach, its Officers, Elected or Appointed Officials, Employees, Agents and Volunteers are included as additional insured as respects General Liability, when required by written contract, per Form SS 00 08 04 05. General Liability Waiver of Subrogation applies per form SS 00 08 04 05, when required by written contract. CERTIFICATE HOLDER CANCELLATION Cii of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 0 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE ~,__cL.S/w~ I Pamala Sheridan © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 75910565 I 23-24 ALL LINES -CARL (•JARREN I Pamala Sheridan I 8/24/2023 5:23:47 PM (PST) I Page 1 of 7 308 AGENCY CUSTOMER ID: __________________ _ LOC #: _______ _ ADDITIONAL REMARKS SCHEDULE Page AGENCY NAMED INSURED Venbrook Insurance Services Venbrook Holdings, LLC Car! Warren & Company, LLC POLICY NUMBER Car! Warren & Compan1: of Nevada, LLC 6320 Cano~a Avenue~ 2th Floor Woodland ills CA 9 367 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of liability (03/16) HOLDER: City of Huntington Beach ADDRESS: 2000 Main Street Huntington Beach CA 92648 Carl Warren & Company, LLC; E&O Retroactive Date: 01/31/2019; Cyber Retroactive Date: 01/31/2019 of Carl Warren & Company of Nevada, LLC; E&O Retroactive Date: 01/31/2019; Cyber Retroactive Date: 01/31/2019 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT ")5910565 I 23-24 ALL LINES -CARL \•lARREN I Pamala Sheridan I 8/24/2023 5:23:4"/ PM (PST) I Page 2 of 7 309 72SBAAG9334 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Addttional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section G., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Llablllty Coverage in this policy, except as provided below: 1. Additional lnsu red • Designated Person Or ''if'· Organization ( WHO IS AN INSURED under Section C. is amended lo include as an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect lo liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured • Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. Is amended lo include as an additional insured the person(s) or organizalion(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only w~h respect to liability arising out of the ownership, maintenance or use·of that part of the premises leased to you and shown in the Declarations. b. With respecl to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply lo: (1) Any "occurrence" which takes place after you cease lo be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 8/24/2023 3. Additional Insured• Granter Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization{s) shown in the Declarations as an Additional Insured - Granter Of Franchise, but only with respect to their liability as granter of franchise lo you. 4. Additional Insured • Lessor Of Leased Equipment I a. WHO IS AN INSURED under Section C. is' amended lo include as an additional insured the person{s) or organization{s) shown in the Declarations as an Additional Insured -Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person{s) or organization(s). b. With respect lo the insurance afforded lo these addttional insureds, this insurance does not apply lo any "occurrence" which takes place after you cease lo lease that equipment. 5. Additional Insured -Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organlzation(s) shown in the Declarations as an Additional Insured -Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect lo the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured -State Or Political Subdivision -Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state·· or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form ss 00 08 04 05 75910565 I 23-24 ALL LINES -CARL 1,J~RREN f Pamala Sheridan I 8/24/2023 5:23:47 PM (PST) I Page 3 of 7 310 ( { Insured -State Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. b. With respect to the insurance afforded to these additional insureds, the following addltional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operatlons performed for the state or municipality; or (2) "Bodily injury" or "property damage" included in the "product-completed operations" hazard. 7. Additional Insured -Vendors a. WHO IS AN INSURED under Section C. Is amended to Include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". b. The insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor Is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the .purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; BUSINESS LIABILITY COVERAGE FORM (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes lo make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled . or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (I) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance dqes not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured -Controlling Interest WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown In the Declarations as an Additional Insured - Controlling Interest, but only with respect lo their /lability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. Form SS 00 08 04 05 Page 19 of 24 75910565 I 23-24 ALL LINES -CARL WARREN I Pamala Sheridan I 8/24/2023 5:23:47 PM (PS1.') I Page 4 of 7 311 72SBAAG9334 If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting woh the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of detenmining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage ans,ng out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: Form SS 00 08 04 05 08/24/2023 BUSINESS LIABILITY COVERAGE FORM (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or 11suit 11 ; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The lnsured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional lnsured"s Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured 1s own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. Page 15 of 24 75910565 f 23-24 ALL LINES -CARL WARREN I Pamala Sheridan I 8/24/2023 5:23:47 PM (PST} I Page 5 of 7 312 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and Page 16 of 24 (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. -Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. - Coverages. Form SS 00 08 04 05 75910565 I 23-24 ALL LINES -CARL WARREN I Pamala Sheridan I 8/24/2023 5,23:47 PM (PST) I Page 6 of 7 313 (6) When You Are Ad ded As An Add itional Insured To Other Insurance Tha t is oth er insurance availab le to you coveri ng liability for damages arising out of the premises or ope rations, or products a nd completed ope ratio ns , for wh ich you have been added as an additional in sured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance ava il able to an additiona l insured. However, the following provisions apply to other insurance available to any person or organizati on who is an additi onal insu red under this Coverage Part: (a ) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit t hat this insurance be primary. If othe r insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that thi s insurance is primary and non-contributory with the additional ins ured's own insurance, this insurance is primary and we wi ll not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to othe r insu rance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the in sured against that "suit". If no other ins urer defends, we wi ll undertake to do so, but we w ill be entitled to the insured's rights against all th ose other insurers. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE F O RM When th is insurance is excess over other insurance, we will pay only our s hare of the amount of the loss, if any, that exceeds t he sum of: (1) The tota l amount that all such other insurance wou ld pay for t he loss in the absence of this insurance; a nd (2) The total of all deductib le a nd self- insured amounts under all that other insurance. We will share the remain ing loss, if any, w ith any othe r insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Cove rage Part. c. Me thod O f Sharing If all the other insurance permits co ntribution by equa l shares, we will follow this met hod also. Under th is approach , each insu rer contri butes eq ual amounts unti l it has pa id its applicable l imit of insurance or none of the loss remains, wh ichever comes fi rst. If any of the other insurance does not perm it contribution by equal shares, we will contri bute by lim its . Under this method, each insurer's share is based on the ratio of its app licable limit of insura nce to the tota l app licable limits of ins urance of all insurers. 8 . Transfer Of R ight s Of Recove ry Agai nst Others To Us a . Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments , we have made under th is Coverage Part, those rig hts are transferred to us. The i nsured must do nothi ng after loss to impair t h em. At our req uest, the insured wi ll bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the in sured has waived any rights of recovery against any pe rso n or organization for all or part of any payment, including Supp lementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived t heir rights of recovery agai nst such person or organization in a contract , agreement o r permit that was executed prior to the injury or damage. Pag e 17 of 24 75910565 I 23-24 ALL LINES -CARL \·JARREN I Pamala Sheridan I 8/24/2023 5:23:47 PH (PST) I Page 7 of 7 314 RESPONSES TO GENERAL LIABILITY RFP 1. Carl Warren 2. George Hills PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: General Liability Third Party Administrator SERVICE DESCRIPTION: Provide General Liability Claims Administration VENDOR: CARL WARREN & COMPANY OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. City of H.B. Risk Manager, 2). City of Oxnard H.R./Risk Manager, 3). City of Manhattan Beach Risk Manager 4). City of Tustin, Sr. Analyst/Risk Management, 5). City of H.B. Principal Finance Analyst. I. MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: 1315 CARL WARREN – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Compliance with RFP 50 75 Firm Qualifications 375 375 Experience & License Requirements 375 375 Understanding of Project 280 300 Cost/Price 105 225 References 130 150 Total 1315 1500 II. DUE DILIGENCE REVIEW Interview Ranking: 1 CARL WARREN – Summary of Review Highest score overall (Proposal//Interviews combined) Excellent longstanding claims handling team Outstanding expertise in subrogation/property recovery services 70% of business currently with public entities and over 30 years with the City of HB Excellent reference checks CARL WARREN – Pricing Most competitive pricing for claims handling with further opportunity to reduce some of the City’s pending inventory/claim liabilities. 315 --==---- - I I 2 316 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-298 MEETING DATE:5/21/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Jacob Aube, Senior Civil Engineer Subject: Approve and Accept the Public Improvements, Release the Securities, and Accept a Guarantee and Warranty Bond for Gisler Park Statement of Issue: Lennar Homes of California, the developer of Tract 19136, has completed their required public improvements of adjacent Gisler Park which were a condition of approval for Tract 19136. Lennar Homes of California is now eligible to receive a release of securities and bonds, pursuant to the provisions of the Subdivision Map Act. Financial Impact: No funding is required for this action. Recommended Action: A) Accept the public improvements constructed in Gisler Park, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements (Attachment 2) with the Orange County Recorder; and B) Release the securities for Gisler Park - Faithful Performance Bond No. US00121914SU22A and Labor and Materials Bond No. US00121914SU22A; and C) Accept Guarantee and Warranty Bond No. US00121914SU22A-M (Attachment 3), the security furnished for guarantee and warranty of public improvements in Gisler Park, and instruct the City Clerk to file the bond with the City Treasurer; and D) Instruct the City Clerk to notify the developer, Lennar Homes of California, and the City Treasurer to notify the Surety, XL Specialty Insurance Company, of these actions; and E) Instruct the City Treasurer to notify the City Clerk when the securities mentioned above have been released and the guarantee and warranty bond mentioned above has been accepted. City of Huntington Beach Printed on 5/15/2024Page 1 of 3 powered by Legistar™317 File #:24-298 MEETING DATE:5/21/2024 Alternative Action(s): Deny the recommended actions. Denying the recommended actions may violate the Subdivision Map Act whereby: Section 66499.9 of the State of California Government Code requires the guarantee and warranty of the work for a period of one year following completion and acceptance of the improvement(s), against any defective work, labor, and materials furnished. Denying the acceptance of the Guarantee and Warranty Bond may place undue burden and costs upon the City for correcting any defective work, labor, and material provided by Lennar Homes of California. Analysis: On September 28, 2021, the Huntington Beach Planning Commission conditionally approved Conditional Use Permit No. 20-024 and Tentative Tract Map No. 19136, authorizing the construction of Tract 19136. One of the conditions of approval was improvements to adjacent Gisler Park, including a new walkway, playground, landscaping, and irrigation. On December 20, 2022, City Council approved execution of the Subdivision Agreement between the City and Lennar Homes of California (developer) and also accepted the project’s required surety bonds for Gisler Park improvements as follows: Faithful Performance Bond No. US00121914SU22A and Labor and Materials Bond No. US00121914SU22A. Public improvements for Tract 19136 and Gisler Park are bonded separately. This request is only for release of the Gisler Park bonds. Bonds for Tract 19136 will remain in place . The City Engineer has determined that the public improvements for Gisler Park have been constructed in substantial compliance with the approved plans and specifications and recommends acceptance of these improvements. Project Data: Developer: Lennar Homes of California, LLC 2000 Fivepoint, 3rd Floor, Irvine, CA 92618 Engineer: Fuscoe Engineering, Inc. 15535 Sand Canyon Avenue, Suite 100, Irvine, CA 92618 Surveyor: Fuscoe Engineering, Inc. 15535 Sand Canyon Avenue, Suite 100, Irvine, CA 92618 Surety:XL Specialty Insurance Company 1209 North Orange Street, Wilmington, Delaware 19801 Location: 21215 Strathmoor Lane, Huntington Beach, CA 92646 Environmental Status: City of Huntington Beach Printed on 5/15/2024Page 2 of 3 powered by Legistar™318 File #:24-298 MEETING DATE:5/21/2024 This action is covered by the General Rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Location Map 2. Notice of Acceptance of Public Improvements 3. Guarantee and Warranty Bond No. US00121914SU22A-M 4. PowerPoint Presentation City of Huntington Beach Printed on 5/15/2024Page 3 of 3 powered by Legistar™319 320 321 Recording requested by, and when recorded return to: Robin Estanislau, City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH . P.O. Box 190 -2000 Main Street Huntington Beach, Ca. 92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on April 10 , 2024 the City Engineer considered the subdivision improv ements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington B each Zoning and Subdivision Ordinance Section 255.22(A), the improve ments for public use. Public improvements constructed consist of: a. Curb, gutter, paving, sidewalk, irrigation, landscaping , and playground in Gisler Park per the Improvement Plans for this park and, The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at the May 21, 2024 City Council Meeting Submitted for Re cordation by the Orange County Recorder. Attest 2024 -------------- City Clerk and Ex-officio Clerk of the City Council of the City of Huntington Beach, California By __________ Deputy CITY OF HUNTINGTON BEACH ~ Tom Herbel, PE 322 DocuSign Envelope ID: FBC6385B-420C-46EE-8882-401EEC010D6B BOND NO. US00121914SU22A-M PREMIUM $0.00/ Annum GUARANTEE AND WARRANTY BOND WHEREAS, Lennar Homes of California LLC, a California Limited Liability Company. as Principal, and XL Specially Insurance Company a corporation organized under the laws of the State of _D_e~l•~w~ac~•-------------- and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, California, as Obligee, in the penal sum of One Hundred Eighty Thousand Dollars {$180,000.00). representing 10 percent of the contract price entered into between the Principal and Obligee, to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally. WHEREAS, the said Principal entered into a contract with said Obligee, dated December 20 2022 for work described as follows: Gisler Park Improvements (21215 Strathmoor Lane) WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Ob!igee, against all defects in workmanship and materials during said one-year period. WHEREAS, said work has been completed, and accepted by Obligee on ______ _ NOW, THEREFORE, the Principal and Surety, jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship, which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof, this instrument has been duly executed by the principal and surety above named, on 0A,.,rc,ll_s8c_ _________ 2024 323 DocuSign Envelope ID : FBC63BSB-420C-46EE-B882-401EEC01DD6B Lennar Homes of California. LLC. a California Limited Liability Company. as Principal Printed Name _x_L_S_pe_c_ia_lt_y_ln_su_r_an_c_e_C_o_m_p_an_y _________________ , as Surety By:_-1~--\ ~----1+-----+---4 - I I Marie Claire Trinidad, Attorney-In-Fact Printed Name 2 324 Docu Sign Envelope ID: FBC63B5B-420C-46EE-B8B2-40 1EE C01DD6B STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) ON _______ , BEFORE ME ,-------"--_,, _________ , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONAl:.L Y APPEARED _____ _ ____________ AND __ ----,-____________ _ / PROVED TO ME ON THE BASIS OF STATISFA'CTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED T O TfiE VVITHIN INSTRUM ENT AND ACKNOWLE DGES TO ME THAT THEY EXECUTE D THE §_AME IN THEIR AUTHORIZ ED CAPACITIES, AND THAT BY THEIR SIGNATURE S ON THE I NSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON S-ACTED, EX ECUTED THE INSTRUMENT. VVITNESS MY HAN/ . SIG NATUR E._/ _________ _ MY PR INCIPAL PLACE O F BUSINESS IS NOTARY P_µBLIC IN AND FOR SAID STATE IN ________ COUNTY / PRINTED NAME MY COMMISSION EXPIRES ____ _ ) 'SEE ATTACHED CALIFORNIA ALL-PURPO SE ACKNOWLED GMENT FOR SURETY ) ss COUN F ORANGE ) ON ------~• BEFORE ME, ________________ , A NO TARY PUBLIC IN AND F SA ID STATE, PERSONALLY APPEARED _____ _ -----------.::...:.AND _______________ _ PROVED TO ME ON THE BASIS OF S TISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO TH THIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEI UTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PE NS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INST VVITNESS MY HAND SIGNATURE. __________ _ MY PRINC IPAL PLACE O USINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN________ UNTY PRINTED NAME MY COMMISSION EXP IRES -----'-. 3 325 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy , or validity of that document. State of California County of Orange ) ) On __ o_l_-_0 0 __ -_?o_:i._~---before me, --=--K=a=th.:.J.y-=-R--=-=·.....:.M=a=i.:.J.r,....:.N-=-=o=ta=ry_,___,_P--=u=b=lic=----------t DATE [Name of Notary Public and Title "Notary Public"] personally appeared Marie Claire Trinidad -- - -- -- - -- -- -- -- ---------- - --- ---- , [Name(s) of Signer(s)l who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/ara subscribed to the within instrument and acknowledged to me that he/sheltReY executed the same in ms/her/theif authorized capacitytiest, and that by ms/her/theif signature~ on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KATHY R. MAIR Notary Public -California :z: Orange County ! Commission# 2355508 y Comm. Expires May 22, 2025 WITNESS my hand and official seal. f\o__u_, Vl1JYb:l!J Signature ~Public Place Notary Seal Above OPTIONAL --------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: __________________ Number of Pages: _______ _ Signer(s) Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Marie Claire Trinidad Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual ~ Attorney-in-Fact D Trustee D Guardian or Conservator D Corporate Officer -Title(s): _______ _ D Partner -D Limited D General D Individual D Attorney-in -Fact D Trustee D Guardian or Conservator D Other: ____________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer is Representing: _________ _ 326 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness , accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On April 10, 2024 , before me, Andrea M. Gonzales, Notary Public, personally appeared Brian Bencz , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forego ing paragraph is true and correct. WITNESS my hand and official seal Signature_C=---------'~L~Jri J"--"---'-'----®(l~L- ANDREA M. GONZALES Notary Public -California Orange County Commission# 2400182 y Comm. Expires Apr 8, 2026 z % > SEAL 327 DocuSign Envelope ID: 83DA68A5-5FF7-4C46-BCE0-OFDBD9B8BDAE Power of Attorney XL Specialty Insurance Company XL Reinsurance America Inc. THIS IS NOT A BOND NUMBER LIMITED POWER OF ATTORNEY XL 1626280 KNOW ALL MEN BY THESE PRESENTS: That XL Specialty Insurance Company, a Eagleview Blvd., Exton, PA 19341, and XL Reinsurance America Inc., a New Washington Blvd., 10th Floor, Stamford, CT 06901, do hereby nominate, constitute, and appoint: Delaware insurance companies with offices located York insurance company with offices located at sos at 677 Tenzer V. Cunningham, Mechelle Larkin, Kathy R. Mair, My Hua, Brenda aaire Trinidad Wong, Martha Gonzale~ Sokha Evans, Marie each Its true and !awful Attorney(s)·in-fact to make, execute, attest, seal and deliver for and on lts behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed $100,000,000.00, Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) -in Fact shall be binding upon each said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. The Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of D'irectors of each of the Companies on the 26th day of July 2017. RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and a!! bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest U1e execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile sea! shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which lt is attached. IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this January 23rd, 2024. STATE OF PENNSYLVANIA COUNTY OF CHESTER by: Attest: XL SPECIAL TY INSURANCE COMPANY <?1 (' Gregory Boal, VICE PRESIDENT Kevin M. Mirsch, ASSISTANT SECRETARY On this 23rd day of January, 2024, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and say: that he is Vice President of XL SPECIAL TY INSURANCE COMPANY, described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to the aforesaid instrument is such corporate seals and were affixed thereto by order and authority of the Boards of Directors of said Companies; and that he executed the sahl instrument by like order. SB0042 C-Qtf",{'ftlJ'ti,WHlth of f>tHtrtt:,-'lvanit • Not:Hy Su,! S Gra<:<1 Frne,Hlnmn, No!ary Pub!ic Chostor Coun!y Myt9mmlS$i01'\&x:p!fi$ Mt.Heh 5; 2tJ2$ Commis.ionnumbtJr 1322812 Page 1 of 2 s. Grace Freed-Brown, NOTARY PUBLIC 328 DocuSign Envelope ID: 83DA68A5-5FF7-4C46-BCE0-DFDBD9B8BDAE STATE OF PENNSYLVANIA COUNTY OF CHESTER I, Kevin M. Mirsch, Assistant Secretary of XL SPECIALTY INSURANCE COMPANY, a corporation of the State of Delaware, do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Companies, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, r have hereunto set my hand and affixed the seal of said Corporation, at the Oty of Exton, this 8th day of _fuJ[iL 2024, Kevin M. Mirsch, ASSISTANT SECRETARY IN WiTNESS WHEREOF, XL REINSURANCE AMERICA INC. has caused its corporate sea! to be hereunto affixed, and these presents to be signed by its duly authorized officers this 23rd day of January, 2024. STATE OF PENNSYLVANIA COUNTY OF CHESTER by: Attest: XL REINSURANCE AMERICA INC. Gregory Boal, VICE PRESIDENT Kevin M. Mirsch, ASSISTANT SECRETARY On this 23rd day of January, 2024, before me personally came Gregory Boa! to me known, who, being duly sworn, did depose and say: that he is Vice President of XL REINSURANCE AMERICA INC., described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid instrument ls such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Corporation, and that he executed the said instrument by like order. STATE OF PENNSYLVANIA COUNTY OF CHESTER Comm◊JVt.'Ut!h or Pftin;yiva.nl#. Notary S~al S Grac(r Free<:Mirown, t>Jotary P1,1bHc Ctu.lslf¾t CounJy My commissIDn expires March$, 2026 Comml'sslof'i. n-umhor 1322812 s. Grace Freed·Brown, NOTARY PUBLIC I, Kevin M. Mirsch, Assistant Secretary of XL REINSURANCE AMERICA INC. a corporation of the State of New York, do hereby certify that the person who executed this Power of Attorney, with the rights, respectively of XL REINSURANCE AMERICA INC., do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Corporation, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the sea! of said Corporation, at the Clty of Exton, this _ day of fv\ Kevin M. Mirsch, ASSISTANT SECRETARY This Power of Attorney may not be used to execute any bond with an inception date after 1/23/2026 S80042 Page 2 of 2 Gisler Park Acceptance of Public Improvements and Release of Surety Bonds Department of Public Works 329 BACKGROUND •On September 28, 2021, the Huntington Beach Planning Commission conditionally approved Conditional Use Permit No. 20-024 and Tentative Tract Map No. 19136, authorizing the construction of Tract 19136, which includes development of a 13.9- acre site to subdivide into 85 detached single-family residences, along with onsite/offsite utility upgrades and street improvements along Strathmoor Lane, Effingham Drive, and Bluefield Drive. •In addition to the improvements listed above, one of the conditional requirements for the project was for Lennar Homes of California, LLC (the developer) to improve adjacent Gisler Park, including new walkways, playground, irrigation, and landscaping. •On December 20, 2022, City Council approved execution of the Subdivison Agreement between the City and Lennar Homes of California, LLC (owner/developer), and also accepted the project’s required surety bonds. Tract 19136 and Gisler Park were bonded separately. The bonds for Gisler Park are as follows: Faithful Performance Bond No. US00121914SU22A and Labor and Materials Bond No. US00121914SU22A. This bond release is only related to Gisler Park improvements. Improvements for adjacent Tract 19136 are bonded separately and will remain in place. 330 LOCATION MAP 331 HAM Iil ON AVE N V IIC IINITY IMAP N .T .. S . NEED/WHY/BENEFITS •The developer has completed all required public improvements in Gisler Park and is now requesting release of the aforementioned surety bonds, pursuant to California Government Code Section 66499.7(a). •The City Engineer has determined that the public improvements have been constructed in substantial compliance with the approved project plans and specifications and recommends acceptance of these improvements. •This bond release is only related to Gisler Park improvements. Improvements for adjacent Tract 19136 are bonded separately and will remain in place. 332 DETAILS •The constructed public improvements in Gisler Park include: •Concrete walkways, playground, irrigation, and landscaping •A Guarantee and Warranty Bond has been submitted by the Developer to provide a one-year warranty period to the City for the subject public improvements. 333 RECOMMENDATION A)Accept the improvements constructed in Gisler Park, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder; and, B)Release the securities for Gisler Park - Faithful Performance Bond No. US00121914SU22A and Labor and Materials Bond No. US00121914SU22A; and, C)Accept Guarantee and Warranty Bond No. US00121914SU22A-M, the security furnished for guarantee and warranty of public improvements in Gisler Park, and instruct the City Clerk to file the bond with the City Treasurer; and, D)Instruct the City Clerk to notify the developer, Lennar Homes of California, and the City Treasurer to notify the Surety, XL Specialty Insurance Company, of these actions; and, E)Instruct the City Treasurer to notify the City Clerk when the securities mentioned above have been released and the guarantee and warranty bond mentioned above has been accepted.334 Questions? 335 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-305 MEETING DATE:5/21/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Sarah Whitecotton, Management Analyst Subject: Approve the Fiscal Year 2022/23 Infrastructure Fund Annual Report Statement of Issue: The City Charter requires an annual review and performance audit of the Infrastructure Fund, and a report on the findings to the City Council prior to the adoption of the following fiscal year budget. This review addresses Fiscal Year (FY) 2022/23. Financial Impact: Not applicable. Recommended Action: Approve the Infrastructure Fund Annual Report for Fiscal Year 2022/23. Alternative Action(s): Instruct staff to make revisions and resubmit at a later date. Analysis: The Infrastructure Fund was established in 2002 by City Charter Section 617(c), which states that the City Council must establish the Citizens Infrastructure Advisory Board (CIAB) to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council. Per the City Charter, the Infrastructure Fund is designated for the sole purpose of infrastructure expenditures. “Infrastructure” is defined in the Charter as “long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees, landscaped medians, parks, beach facilities, playgrounds, traffic signals, streetlights, block walls along arterial highways, and all public buildings and public ways.” City of Huntington Beach Printed on 5/15/2024Page 1 of 2 powered by Legistar™336 File #:24-305 MEETING DATE:5/21/2024 Infrastructure expenditures are defined as “direct costs related to infrastructure improvements or maintenance, including construction, design, engineering, project management, inspection, contract administration and property acquisition.” The single substantial revenue source to the fund is unassigned fund balance in the General Fund per the Financial Policy adopted in FY 2006/07 and revised in FY 2009/10. The policy states that 50% of the unassigned fund balance will be allocated to the General Fund Pension Stabilization Reserve, of which 25% is assigned to the Economic Uncertainties Reserve, 12.5% to the Infrastructure Fund, and 12.5% to the Capital Improvement Reserve. Beginning in FY 2017/18, Capital Improvement Program (CIP) projects previously budgeted in the General Fund were instead budgeted in the Infrastructure Fund with an accompanying General Fund transfer. Transfers in FY 2022/23 totaled $28,740,805 to fund infrastructure improvements and maintenance. Interest and market adjustments totaled $(1,565,054), due to market adjustments to investments required for financial statement reporting purposes. Other revenue included a maintenance agreement reimbursement of $10,422 and miscellaneous reimbursements totaling $490,971 from agencies such as the Orange County Sanitation District and the City of Fountain Valley. Total revenue was $27,677,144. Expenditures for the year totaled $14,762,937. The fund balance at year’s end (June 30, 2023) was $33,398,338. Additional details are available in the Infrastructure Fund Annual Report (Attachment 1). CIAB/Public Works Commission Action: The Annual Infrastructure Fund Report was recommended for City Council consideration at the April 17, 2024, meeting of the CIAB/Public Works Commission by a vote of 6-0-1 (Rivas absent). Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Infrastructure Fund Annual Report 2. PowerPoint Presentation City of Huntington Beach Printed on 5/15/2024Page 2 of 2 powered by Legistar™337 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-297 MEETING DATE:4/17/2024 CIAB/PUBLIC WORKS COMMISSION REQUEST FOR ACTION SUBMITTED TO:MEMBERS OF CIAB/PUBLIC WORKS COMMISSION SUBMITTED BY:Chau Vu, Director of Public Works PREPARED BY:Nancy Rodriguez, Management Aide & Sarah Whitecotton, Management Analyst Subject: Approve Infrastructure Fund Annual Report for Fiscal Year 2022/23 Statement of Issue: The City Charter requires an annual review and performance audit of the Infrastructure Fund, and a report of the findings to the City Council. This provides audited information on Fiscal Year 2022/23. Financial Impact: No funding is required for this action. Recommended Action: Motion to recommend to City Council approval of the Infrastructure Fund Annual Report. Alternative Action(s): Direct staff to modify the Annual Report. Analysis: The Infrastructure Fund was established in 2002, by City Charter Section 617. Per Section 617 (a), the originally intended revenue source for the Infrastructure Fund was a planned utility use tax on natural gas purchased to generate electricity. However, this ballot measure failed. So, while the Charter amendment created the fund, it was left with no source of revenue. Other Charter requirements related to the fund are: • Revenue placed in the Infrastructure Fund shall not supplant existing infrastructure funding. • General Fund expenditures for infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15% of general fund revenues based on a five-year rolling average. •The Citizen’s Infrastructure Advisory Board/Public Works Commission conducts an annual review and performance audit of the Infrastructure Fund and reports its findings to the City Council prior to the City Council's adoption of the ensuing fiscal year budget. City of Huntington Beach Printed on 4/17/2024Page 1 of 3 powered by Legistar™338 File #:24-297 MEETING DATE:4/17/2024 The single substantial revenue source to the fund is General Fund excess fund balance per the Financial Policy adopted in Fiscal Year 2006/07. The Policy was revised beginning in Fiscal Year 2009/10 to allow for an Economic Uncertainties Reserve commitment. Excerpts addressing the Infrastructure Fund for the previous and current policies are shown in Attachment 1 along with Municipal Charter Section 617. Revenue - FY 2022/23 1. There were total General Fund transfers of $28,740,805 for capital improvements and equipment replacement in FY 2022/23. 2. The fund was reimbursed $10,422 for traffic signal maintenance at Beachmont Plaza per a development agreement. 3. Miscellaneous reimbursements were collected in the amount of $490,971 from projects that shared funding with other agencies such as Orange County Sanitation District and the City of Fountain Valley. 4. Interest and market adjustments are paid in proportion to the citywide investments and fund balance. This amounted to ($1,565,054) in FY 2022/23. Total Revenue for FY 2022/23 was $27,677,144. Revenue Item Actual Reimbursements $501,393 Interest and Market Adjustments ($1,565,054) General Fund Transfers $28,740,805 Total Revenue $27,677,144 Expenditures FY 2022/23 Budgeted expenditures for FY 2022/23 consisted of new and carry forward projects and carry over encumbrances from 2021/22. Beginning in Fiscal Year 2022/23 a substantial amount of infrastructure related salaries and maintenance previously budgeted in the General Fund were moved to the Infrastructure Fund in business unit 31485201. Where applicable, project sheets from the FY 2021/22 and 2022/23 Capital Improvement Program (CIP) are included as Attachment 2. Total expenditures for the year were $14,762,937. Below is a detail of expenditures by business unit. Project Spent 31440001 - Infrastructure Projects $356,746 31440002 - Infrastructure Central Park $230,314 31440003 - Infrastructure 20-21 $56,034 31440005 - Infrastructure Projects 21-22 $3,779,012 31440006 - Infrastructure Projects 22-23 $3,060,129 31445003 - Main Prom P.S. Improvements $158,202 31485201 - Infrastructure Engineer Design $4,673,047 31488001 - Heil Pump Station $89,529 31490007 - Arterial Rehabilitation 20-21 $10,093 31490008 - Arterial Rehabilitation 21-22 $319,627 31490009 - Rodgers Senior Center Redev $1,069,236 31490012 - Oakview Community Center $49,666 31490013 - Downtown Revitalization $86,030 31490018 - Mobility and Corridor Improv $358,372 31490019 - FD/PD Youth Training Center $63,400 31490020 - Carr Park Improvements $27,797 31490022 - Residential Pavement $375,702 City of Huntington Beach Printed on 4/17/2024Page 2 of 3 powered by Legistar™339 File #:24-297 MEETING DATE:4/17/2024 Project Spent31440001 - Infrastructure Projects $356,74631440002 - Infrastructure Central Park $230,31431440003 - Infrastructure 20-21 $56,03431440005 - Infrastructure Projects 21-22 $3,779,01231440006 - Infrastructure Projects 22-23 $3,060,129 31445003 - Main Prom P.S. Improvements $158,202 31485201 - Infrastructure Engineer Design $4,673,047 31488001 - Heil Pump Station $89,529 31490007 - Arterial Rehabilitation 20-21 $10,093 31490008 - Arterial Rehabilitation 21-22 $319,627 31490009 - Rodgers Senior Center Redev $1,069,236 31490012 - Oakview Community Center $49,666 31490013 - Downtown Revitalization $86,030 31490018 - Mobility and Corridor Improv $358,372 31490019 - FD/PD Youth Training Center $63,400 31490020 - Carr Park Improvements $27,797 31490022 - Residential Pavement $375,702 Fund Balance - FY 2022/23 Fund Balance 7/1/22 $20,484,131 Revenue FY 2022/23 $27,677,144 Expenditures FY 2022/23 ($14,762,937) Fund Balance 7/1/23 $33,398,338 Budgeted Revenue FY 2023/24 $16,136,763 Budgeted Expenditures FY 2023/24 ($48,190,006) Budgetary Fund Balance 7/1/24 $1,345,095 Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Excerpts from Financial Policies adopted FY 2006/07 and 2009/10 2. Project Sheets 3. PowerPoint Presentation City of Huntington Beach Printed on 4/17/2024Page 3 of 3 powered by Legistar™340 Attachment 1 Financial Policies 341 342 City of Huntington Beach Financial Policies Adopted FY 2006/07 FINANCIAL REPORTING AND ACCOUNTING STANDARDS The City's accounting system will be maintained in accordance with generally accepted accounting practices and the standards of the Government Accounting Standards Board and the Government Finance Officers Association. The annual financial report will be prepared within six months of the close of the previous fiscal year. The City will use generally accepted accounting principles in preparing the annual financial statements and will attempt to qualify for the Government Finance Officers Association's Excellence in Financial Reporting Program. The City will strive for an unqualified audit opinion. An unqualified opinion is rendered without reservation by the independent auditor that financial statements are fairly presented. The City will contract for an annual audit by a qualified independent certified public accounting firm. The independent audit firm will be selected through a competitive process at least once every five years. The contract period will be for an initial period of three years, with two one-year options. BUDGETING The budget will be prepared consistent with the standards developed by the Government Finance Officers Association and California Society of Municipal Finance Officers. In addition, a summary version will be provided to the public in a user-friendly format. The City will maintain a balanced operating budget for all funds with estimated revenues being equal to, or greater than, estimated expenditures, and with periodic City Council reviews and necessary adjustments to maintain balance. On-going revenues will support on-going expenditures. Revenues from one-time or limited duration sources will not be used to balance the annual operating budget. Support function appropriations will be placed in the department in which they are managed. GENERAL FUND BALANCE The General Fund reserve (designation) will be a minimum of seven percent of the General Fund budget. In addition, a second tier reserve will consist of the net accumulation of amounts that were in excess of the seven percent reserve (designation) and remained in the General Fund after application of the financial policy that immediately follows. This second tier reserve will be used to balance budget fluctuations. Allocation of the audited General Fund balance in excess of the above reserves (designations) may be as follows: 25 percent for capital projects (transferred to the Capital Improvement Reserve) 25 percent for Infrastructure Jtransferred to the Infrastructure Fund) 50 percent to increase the 2 tier reserve All supplemental appropriations from the General Fund minimum reserve that cannot otherwise be funded during the current fiscal year operating budget must meet one of the three following criteria: It is an unanticipated emergency. It is required to implement a Memoranda of Understanding (MOU) or a mandate. It is a new expense that is offset by related revenues. 343 City of Huntington Beach Financial Policies Adopted Budget -FY 2009/10 FINANCIAL REPORTING AND ACCOUNTING STANDARDS □ The City's accounting system will be maintained in accordance with generally accepted accounting practices and the standards of the Government Accounting Standards Board (GASB) and the Government Finance Officers Association (GFOA). □ The annual financial report will be prepared within six months of the close of the previous fiscal year. The City will use generally accepted accounting principles in preparing the annual financial statements and will attempt to qualify for the Government Finance Officers Association's Excellence in Financial Reporting Program. □ The City will strive for an unqualified audit opinion. An unqualified opinion is rendered · without reservation by the independent auditor that financial statements are fair1y presented. □ The City will contract for an annual audit by a qualified independent certified public accounting firm. The independent audit firm will be selected through a competitive process at least once every five years. The contract period will be for an initial period of three years, with two one-year options. BUDGETING □ The budget will be prepared consistent with the standards developed by the Government Finance Officers Association and California Society of Municipal Finance Officers (CSMFO). In addition, a summary version will be provided to the public in a user-friendly format. □ The City will maintain a balanced operating budget for all funds with estimated revenues being equal to, or greater than, estimated expenditures, and with periodic City Council reviews and necessary adjustments to maintain balance. □ On-going revenues will support on-going expenditures. Revenues from one-time or limited duration sources will not be used to balance the annual operating budget. □ Support function appropriations will be placed in the department in which they are managed. GENERAL FUND BALANCE □ There will be an established Economic Uncertainties Reserve commitment in the General Fund. The goal is to have an Economic Uncertainties Reserve commitment equal to the value of two months of the General Fund expenditure adopted budget amount. □ Once established, appropriations from the Economic Uncertainties Reserve commitment can only be made by formal City Council action. Generally, appropriations and access to these funds will be reserved for emergency situations. Examples of such emergencies include, but are not limited to: • An unplanned, major event such as a catastrophic disaster requiring expenditures over 5% of the General Fund adopted budget • Budgeted revenue taken by another government entity • Drop in projected/actual revenue of more than 5% of the General Fund adopted revenue budget □ Should the Economic Uncertainties Reserve commitment be used, and its level falls below the minimum amount of two months of General Fund expenditures adopted budget, the goals is to replenish the fund within three fiscal years. 350 344 City of Huntington Beach Financial Policies Adopted Budget -FY 2009/10 □ Allocation of the audited General Fund unassigned fund balance will be done as follows if, and until, the Economic Uncertainties Reserve commitment is fully funded (i.e., two months of General Fund expenditures): ■ 50% to Economic Uncertainties Reserve commitment ■ 25% for Infrastructure Fund • 25% to Capital Improvement Reserve (CIR) commitment □ Once the Economic Uncertainties Reserve commitment attains full funding, unassigned fund balance will be divided as follows: ■ 25% for Infrastructure Fund • 25% to Capital Improvement Reserve (CIR) commitment ■ 50% to Equipment Replacement commitment □ Any unanticipated and unrestricted revenues received during the fiscal year will be added to the fund balance of the General Fund. FUND BALANCE CLASSIFICATION □ The City's fund balance is made up of the following components: ■ Nonspendable fund balance typically includes inventories, prepaid items, and other items that, by definition cannot be appropriated. • The restricted fund balance category includes amounts that can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation. ■ The committed fund balance classification includes amounts that can be used only for the specific purposes determined by a formal action of the City Council. The City Council has authority to establish, modify, or rescind a fund balance commitment. ■ Amounts in the assigned fund balance classification are intended to be used by the City for specific purposes but do not meet the criteria to be classified as restricted or committed. The City Administrator or designee has the authority to establish, modify, or rescind a fund balance assignment. ■ Unassigned fund balance is the residual classification for the City's funds and includes all spendable amounts not contained in the other classifications. □ The City considers restricted or unrestricted amounts to have been spent when an expenditure is incurred for purposes for which both restricted and unrestricted fund balance is available. □ The City's committed, assigned, or unassigned amounts are considered to have been spent when an expenditure is incurred for purposes for which amounts in any of those unrestricted fund balance classifications could be used. APPROPRIATION AUTHORITY □ The City Council is the appropriation authority for the City Budget. As required by state law, appropriations expire at the end of each fiscal year. 351 PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental Construction 150,000$ 150,000$ 150,000$ 150,000$ 150,000$ Project Management Supplementals R/W Other TOTAL 150,000$ 150,000$ 150,000$ 150,000$ 150,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)150,000$ 150,000$ 150,000$ 150,000$ 150,000$ TOTAL 150,000$ 150,000$ 150,000$ 150,000$ 150,000$ TOTAL PROJECT COST:750,000$ Additional annual cost:$0 PROJECT TYPE:Rehabilitation CATEGORY: Facilities COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2025/26 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. MAINTENANCE COST IMPACT: Replace R22 Air Conditioning Equipment Design Complete:N/A CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Over the next five years, replace all existing Air Conditioning equipment containing R22 refrigerant. PROJECT NEED: Federal regulation prohibits the manufacture and import of R22 refrigerant effective 1/1/2020. Equipment containing R22 is now obsolete, and retrofit to a new refrigerant is not cost effective. R22 is increasingly scarce and expensive. SCHEDULE: FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:EPA.gov Phase-out of Ozone Depleting Substances Denny Bacon Enhance and maintain the infrastructure Facilities R22 Replacement345 PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental 10,000$ Construction 480,000$ Project Management Supplementals 10,000$ R/W Other TOTAL 500,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)500,000$ TOTAL 500,000$ TOTAL PROJECT COST:500,000$ Additional annual cost:$0 PROJECT TYPE:Rehabilitation CATEGORY: Facilities COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2021/22 PROJECT LOCATION Any unanticipated maintenance cost will be included in Police Operating Budget. MAINTENANCE COST IMPACT: Helipad Lot Rehabilitation Design Complete:FY 2021/22 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Remove and replace the asphalt landing pad at the Police Heliport with concrete. PROJECT NEED: The current helipad is asphalt and quickly comes into disrepair. As the asphalt degrades, small rocks are kicked up by the turbulent air coming off the rotors. This allows the rocks to become a hazard. SCHEDULE: FUNDING DEPARTMENT: Police DEPT. PROJECT MGR:N/A Jon Haught Enhance and maintain the infrastructure Facilities Helipad346 1- 1'~----I ======__J_J II Gothard . F.S. #1 Heliport ubstation Hamman ""Cir. .v,,J.,,c• Prodan Dr Mountjoy Or - II II II ~ 1= I I L II II I - II II II -~ - I I I 7 - II II JI - II I - PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental 75,000$ Construction 900,000$ Project Management Supplementals R/W Other TOTAL 75,000$ 900,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)75,000$ 900,000$ TOTAL 75,000$ 900,000$ TOTAL PROJECT COST:975,000$ Additional annual cost:$0 PROJECT TYPE:Rehabilitation CATEGORY: Facilities Design Complete:FY 2021/22 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Remove fuel underground storage tank (UST) and replace with new double wall tank and new underground piping and electronics for tank management. Upgrade obsolete dispensers. Upgrade canopy for vehicle clearance and protection from the elements PROJECT NEED: AQMD and California Water Resources Board compliance necessitates the replacement of existing aging, obsolete fuel infrastructure serving the Police Department at the Civic Center FUNDING DEPARTMENT: Public Works Civic Center UST Replacement DEPT. PROJECT MGR:NA Denny Bacon Enhance and maintain the infrastructure SCHEDULE: MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2022/23 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. Facilities CC UST Replacement347 II II II II Yorktown Ave ,L--l=-=-. J -=; _:l,_ ·~ - " d t ~ ~ I ~ Ullca Ave PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental 400,000$ Construction 1,000,000$ Project Management Supplementals R/W Other TOTAL 400,000$ 1,000,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)400,000$ 1,000,000$ TOTAL 400,000$ 1,000,000$ TOTAL PROJECT COST:1,400,000$ Additional annual cost:$0 PROJECT TYPE:Rehabilitation CATEGORY: Parks & Beaches MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: Design Complete:FY 2021/22 Construction Complete:FY 2022/23 PROJECT LOCATION SCHEDULE: CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Huntington Bluffs Stabilization Project Phase 1 is for Design/Studies to obtain approval from CA Coastal Commission to stabilize two localized areas along the Bluffs. Phase 2 would be for construction. PROJECT NEED: The bluffs continue to erode and will eventually jeopardize existing pathways and parking lots.FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:Moffatt & Nichol Coastal Engineering Feasibility Study (2018) Chris Tanio Enhance and maintain the infrastructure CITY OF HUNTINGTON BEACH Parks & Beaches HB Bluffs Stabilization Project348 II II II II PR O J E C T D E S C R I P T I O N : SO U R C E D O C U M E N T : CO U N C I L P R I O R I T Y P O L I C Y : PR O J E C T C O S T S FY 2 1 / 2 2 FY 2 2 / 2 3 FY 2 3 / 2 4 FY 2 4 / 2 5 FY 2 5 / 2 6 De s i g n / E n v i r o n m e n t a l 90 0 , 0 0 0 $ Co n s t r u c t i o n 4, 1 2 5 , 0 0 0 $ 4, 1 2 5 , 0 0 0 $ Pr o j e c t M a n a g e m e n t Su p p l e m e n t a l s R/ W Ot h e r TO T A L 90 0 , 0 0 0 $ 4, 1 2 5 , 0 0 0 $ 4, 1 2 5 , 0 0 0 $ FU N D I N G S O U R C E S FY 2 1 / 2 2 FY 2 2 / 2 3 FY 2 3 / 2 4 FY 2 4 / 2 5 FY 2 5 / 2 6 In f r F u n d ( 3 1 4 ) 90 0 , 0 0 0 $ 4, 1 2 5 , 0 0 0 $ 4, 1 2 5 , 0 0 0 $ TO T A L 90 0 , 0 0 0 $ 4, 1 2 5 , 0 0 0 $ 4, 1 2 5 , 0 0 0 $ TO T A L P R O J E C T C O S T : 9, 1 5 0 , 0 0 0 $ Ad d i t i o n a l a n n u a l c o s t : $0 PR O J E C T T Y P E : Ne w & R e h a b i l i t a t i o n CA T E G O R Y : Fa c i l i t i e s CO M M E N T S O N G R A N T S / O T H E R F U N D S : Al t e r n a t i v e f u n d i n g s o u r c e s w i t h l o c a l c o m m u n i t y pa r t n e r s w i l l b e p u r s u e d a s p l a n s d e v e l o p . Co n s t r u c t i o n C o m p l e t e : FY 2 0 2 3 / 2 4 PR O J E C T L O C A T I O N No n e MA I N T E N A N C E C O S T I M P A C T : Oa k V i e w C o m m u n i t y Ce n t e r R e h a b i l i t a t i o n De s i g n C o m p l e t e : FY 2 0 2 1 / 2 2 CI T Y O F H U N T I N G T O N B E A C H CA P I T A L I M P R O V E M E N T P R O J E C T I N F O R M A T I O N ( N e w ) PR O J E C T T I T L E : Th e c o m p l e t e p r o j e c t i n c l u d e s d e s i g n a n d r e h a b i l i t a t i o n o f t h e e x i s t i n g O a k V i e w Co m m u n i t y C e n t e r , i n c l u d i n g t h e O a k V i e w F a m i l y R e s o u r c e C e n t e r a n d G y m , as w e l l a s e x p a n s i o n o f t h e O a k V i e w B r a n c h L i b r a r y . P h a s i n g o f c o n s t r u c t i o n is p r o p o s e d t o l i m i t p r o g r a m m i n g i m p a c t s . PR O J E C T N E E D : Ex p a n s i o n a n d r e h a b i l i t a t i o n o f t h e f a c i l i t y i s n e c e s s a r y i n o r d e r t o b e t t e r s e r v e th e O a k V i e w c o m m u n i t y . SC H E D U L E : FU N D I N G D E P A R T M E N T : Co m m u n i t y S e r v i c e s DE P T . P R O J E C T M G R : De v e l o p m e n t I m p a c t F e e C a l c u l a t i o n a n d N e x u s R e p o r t , A p r i l 2 7 , 2 0 1 2 Fa r h a d B o l o u r c h i En h a n c e a n d m a i n t a i n i n f r a s t r u c t u r e Fa c i l i t i e s Oa k V i e w C o m C t r 34 9 • lane Ir] )I Ash Liln 0-ak Ln ii;.hr;ils. LZlli'II!' PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental 30,000$ Construction 260,000$ Project Management Supplementals R/W Other TOTAL 30,000$ 260,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)30,000$ 260,000$ TOTAL 30,000$ 260,000$ TOTAL PROJECT COST:290,000$ Additional annual cost:$0 PROJECT TYPE:Rehabilitation CATEGORY: Facilities CITY OF HUNTINGTON BEACH SCHEDULE: CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Central Library Restroom ADA Rehabilitation Rehabilitate the lower level restroom at the Central Library to bring it into compliance with the American's with Disabilities Act (ADA). PROJECT NEED: The existing restroom was built in 1975 and is not in compliance with the ADA. FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:City of Huntington Beach Facilities ADA Transition Plan Chris Tanio Enhance and maintain the infrastructure MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: Design Complete:FY 2021/22 Construction Complete:FY 2022/23 PROJECT LOCATION Facilities Central Library Restroom 350 II II II II > ~ Arljlelina Dt. s s f V~t.JOelSd Or. ! ,( z VtaCarCf'lot Dr. W Ri0Vi$la PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental Construction 250,000$ Project Management Supplementals R/W Other TOTAL 250,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)250,000$ TOTAL 250,000$ TOTAL PROJECT COST:250,000$ Additional annual cost:$5,000 PROJECT TYPE:New Construction CATEGORY: Parks & Beaches MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2021/22 PROJECT LOCATION Project includes installation of new infrastructure that will require maintenance. Design Complete:N/A CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: As part of multi-year ongoing improvements to Central Park, construct a new elevated pathway in Central Park East near the lake. PROJECT NEED: Improve the appearance and function of the park. FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:N/A Denny Bacon Enhance and maintain the infrastructure SCHEDULE: Huntington Lake Elevated Pathway Parks & Beaches Huntington Lake Elevated Path351 II II II II -WEllisAv t3 ,1 ii------------11---------1i---------1i----------1i--------1i---------ii ~=======:!!:::::======::!!:::::=====::!!::::=======::!!::::::=============:! PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental Construction 82,000$ Project Management Supplementals R/W Other TOTAL 82,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)82,000$ TOTAL 82,000$ TOTAL PROJECT COST:82,000$ Additional annual cost:$0 PROJECT TYPE:Rehabilitation CATEGORY: Facilities Central Library Exterior Paint Design Complete:N/A CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Repaint Central Library exterior surfaces PROJECT NEED: Exteriors have not been painted since 1995, which is well past recommended paint lifecycle. Repainting is necessary to preserve the building exterior and improve appearance. Enhance and maintain the infrastructure SCHEDULE: FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:15/16 Facilities Condition Assessment, Facilities Deferred Maintenance Plan, Unfunded Facilities CIP Needs AssessmentDenny Bacon COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2021/22 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. MAINTENANCE COST IMPACT: Facilities Central Library Exterior Paint352 II II II II ;, Vi.iArllolina Dr. s s ~ VtSt.JOelSd Dr. J < z Via Carona Dr . W Rb Vitta PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental Construction 210,000$ Project Management Supplementals R/W Other TOTAL 210,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)210,000$ TOTAL 210,000$ TOTAL PROJECT COST:210,000$ Additional annual cost:$0 PROJECT TYPE:Rehabilitation CATEGORY: Facilities Design Complete:N/A CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Replace, repair and/or restore building exterior components and finishes as necessary including railings, roof drains, downspouts, stucco, paint, and roof PROJECT NEED: Rehabilitation is necessary to restore facility due to deterioration from environmental conditions, age, and use. The anchoring system for the exterior railing is failing and creating a safety issue FUNDING DEPARTMENT: Public Works Jr. Lifeguard HQ Upgrades DEPT. PROJECT MGR:15/16 Facilities Condition Assessment, Facilities Deferred Maintenance Plan, Unfunded Facilities CIP Needs AssessmentDenny Bacon Enhance and maintain the infrastructure SCHEDULE: MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2021/22 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. Facilities Jr LG Upgrades353 PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental Construction 500,000$ 300,000$ Project Management 50,000$ 30,000$ Supplementals R/W Other TOTAL 550,000$ 330,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)550,000$ 330,000$ TOTAL 550,000$ 330,000$ TOTAL PROJECT COST:880,000$ Additional annual cost:$0 PROJECT TYPE:Rehabilitation CATEGORY: Drainage PROJECT LOCATION MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: PROJECT NEED: The City has eight (8) fueling islands - three (3) have no canopies and five (5) have outdated canopies. Canopies are necessary to comply with NPDES requirements. FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:N/A Denny Bacon Enhance and maintain the infrastructure SCHEDULE: Design Complete:FY 2021/22 Construction Complete:FY 2022/23 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Fueling Station Canopies This is a multi year project to install three (3) new caponies and replace five (5) old canopies. Drainage Fuel Canopies354 -,__ -7 PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental Construction 5,200,000$ 5,400,000$ 5,400,000$ 5,400,000$ 5,400,000$ Project Management 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ Supplementals 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ R/W Other TOTAL 5,400,000$ 5,600,000$ 5,600,000$ 5,600,000$ 5,600,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)600,000$ 600,000$ 600,000$ 600,000$ 600,000$ RMRA (1247)4,800,000$ 5,000,000$ 5,000,000$ 5,000,000$ 5,000,000$ TOTAL 5,400,000$ 5,600,000$ 5,600,000$ 5,600,000$ 5,600,000$ TOTAL PROJECT COST:27,800,000$ Additional annual cost:$0 PROJECT TYPE:Rehabilitation CATEGORY: Streets CITY OF HUNTINGTON BEACH SCHEDULE: CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Arterial Rehabilitation Streets include Edinger (Saybrook-Countess), Warner (Algonquin-Los Patos), Talbert (Edwards-Springdale), Newland (Talbert-Slater), Brookhurst (Yorktown- Adams), Saybrook (Edinger-Heil), and Springdale (Warner-Slater) as budget allows. PROJECT NEED: Required to meet the goals of the Pavement Management Plan. FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:2020 Pavement Management Plan Chris Tanio Enhance and maintain the infrastructure MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: Design Complete:FY 2021/22 Construction Complete:FY 2021/22 PROJECT LOCATION Streets & Transportation Arterial Rehabilitation355 II ~ TaDert A,e I w Fooota. Valey "";:~"' i. I I,_ Ma.,,s A,·e ~ .... , !!.' II PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental 80,000$ Construction 606,000$ Project Management 30,000$ Supplementals 15,000$ R/W Other TOTAL 80,000$ 651,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)80,000$ 651,000$ TOTAL 80,000$ 651,000$ TOTAL PROJECT COST:731,000$ Additional annual cost:$1,000 PROJECT TYPE:New CATEGORY: Transportation Enhance and maintain the infrastructure Gothard Street Fiber Optic Design Complete:FY 2021/22 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Install fiber optic conduit and cable along Gothard Street between Edinger Avenue and Warner Avenue. Project provides improved communication resilience between City Hall and the northerly part of the City including the City Yard and the traffic signals in the area. PROJECT NEED: This is needed to improve connectivity between City Hall and other City facilities and traffic signals to the north. This segment improves redundancy which will maintain communications in case of a single break in the cable. SCHEDULE: FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:Traffic Signal System Master Plan William Janusz COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2022/23 PROJECT LOCATION Project includes installation of new infrastructure that will require maintenance. MAINTENANCE COST IMPACT: Streets & Transportation Gothard Fiber356 PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental Construction 652,516$ 600,000$ 600,000$ 600,000$ 600,000$ Project Management 65,000$ 65,000$ 65,000$ 65,000$ 65,000$ Supplementals R/W Other TOTAL 717,516$ 665,000$ 665,000$ 665,000$ 665,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Measure M (213)200,000$ 300,000$ 300,000$ 300,000$ 300,000$ Infr Fund (314)315,000$ 65,000$ 65,000$ 65,000$ 65,000$ CDBG (239)203,283$ 300,000$ 300,000$ 300,000$ 300,000$ TOTAL 718,283$ 665,000$ 665,000$ 665,000$ 665,000$ TOTAL PROJECT COST:3,378,283$ Additional annual cost:$0 PROJECT TYPE:New CATEGORY: Neighborhood PROJECT LOCATION MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: PROJECT NEED: Curb access ramps are required when adjacent streets are altered or rehabilitated.FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:2020 Pavement Management Plan Chris Tanio Enhance and maintain the infrastructure SCHEDULE: Design Complete:FY 2021/22 Construction Complete:FY 2025/26 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Zone 5 Curb Ramps Installation of curb access ramps in conjunction with maintenance improvements within Maintenance Zone 5. Neighborhood Residential Curb Ramps357 ~==============~ L!:::::::==========-- 1.!:::::::==I I ========1111 F~~~~~~~l~~~="r:~~ PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental Construction 500,000$ Project Management Supplementals R/W Other TOTAL 500,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)500,000$ TOTAL 500,000$ TOTAL PROJECT COST:500,000$ Additional annual cost:$0 PROJECT TYPE:Rehabilitation CATEGORY: Facilities CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Residential Street Name Signs Replace deteriorated street name signs throughout the City. PROJECT NEED: Many of the street name signs throughout the City have become faded, bent, or hard to read and need to be replaced.FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:N/A Bob Stachelski Enhance and maintain the infrastructure SCHEDULE: Design Complete:FY 2021/22 Construction Complete:FY 2021/22 PROJECT LOCATION MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: Streets & Transportation Residential Street Name Signs358 1= =-a;;;;;- I J J J J J _I I IL IL IL IL IL IL =u = I J J J J _j I I II PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental 50,000$ Construction 1,355,000$ Project Management 70,000$ Supplementals R/W Other TOTAL 1,475,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)1,475,000$ TOTAL 1,475,000$ TOTAL PROJECT COST:1,475,000$ Additional annual cost:$0 PROJECT TYPE:Rehabilitation CATEGORY: Facilities COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2021/22 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. MAINTENANCE COST IMPACT: Beach Parking Lot Rehabilitation Design Complete:FY 2021/22 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: This project will rehabilitate the south beach parking lots between 1st and Huntington Streets - which includes the Sunset Vista RV Campground. Parking lot has not been resurfaced since 2003. Over 250,000 vehicles and RVs use this section of the lot annually. PROJECT NEED: Parking lot is aged with allorgatoring asphalt and diminished stall markings. In addition, campsite hook-up pedestals need replacing and upgrading to 50 amps. Current pedestals are a safety hazard due to exposed wires and rust. SCHEDULE: FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:N/A Farhad Bolourchi Enhance and maintain the infrastructure Parks & Beaches Beach Pkg Lot359 II II Elmira Ave} i De\roHAve \ ' Chicago Ave Baltimore Ave ES II II PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental Construction 477,000$ 482,000$ 429,000$ 331,000$ 276,000$ Project Management Supplementals R/W Other TOTAL 477,000$ 482,000$ 429,000$ 331,000$ 276,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)477,000$ 482,000$ 429,000$ 331,000$ 276,000$ TOTAL 477,000$ 482,000$ 429,000$ 331,000$ 276,000$ TOTAL PROJECT COST:1,995,000$ Additional annual cost:$0 PROJECT TYPE:New & Rehabilitation CATEGORY: Facilities Enhance and maintain infrastructure HCP Sports Complex LED Lighting Retrofit Design Complete:N/A CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Year 1 of a five-year plan to replace existing lighting at HCP Sports Complex with new LED fixtures as follows: Year 1 to include Fields 1 and 2; Year 2 to include Fields 3 and 4; Year 3 to include Fields 5 and 7; Year 4 to include Fields 6 and 8; Year 5 includes the batting cage area and artificial turf fields. PROJECT NEED: Existing ballasts are rusting due to the marine environment. LED lighting will reduce energy and maintenance costs, as well as reduce spill light and glare. Warranty program includes materials and onsite labor over a 25-year period. SCHEDULE: FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:Vendor estimate. Farhad Bolourchi COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2025/26 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. MAINTENANCE COST IMPACT: Facilities Sports Complex LED Lighting360 II II II II PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental Construction 215,000$ Project Management 5,000$ Supplementals R/W Other TOTAL 220,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)220,000$ TOTAL 220,000$ TOTAL PROJECT COST:220,000$ Additional annual cost:$0 PROJECT TYPE:New & Rehabilitation CATEGORY: Parks & Beaches Enhance and maintain infrastructure Glen View Park Playground Improvements Design Complete:FY 2021/22 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Installation of new playground equipment and turf renovation at Glen View Park PROJECT NEED: The playground equipment at Glen View Park is over 20 years old. New equipment and site turf improvements are needed in order for the playground to comply with ADA requirements. SCHEDULE: FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:2018 City Council approved Playground Replacement Priority list; City of Huntington Beach Parks & Recreation Master Plan, Feb. 2016Farhad Bolourchi COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2021/22 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. MAINTENANCE COST IMPACT: Parks & Beaches Glen View Park Playground Imp361 II II a ~~~~~1§;'§, E3 ~ ~ U<-L-------,0 ~ ~ I ~~ le i II II PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental 90,000$ Construction 600,000$ Project Management 50,000$ Supplementals 60,000$ R/W Other TOTAL 800,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)400,000$ Traffic Impact Fee (206)400,000$ TOTAL 800,000$ TOTAL PROJECT COST:800,000$ Additional annual cost:$20,000 PROJECT TYPE:New CATEGORY: Transportation MAINTENANCE COST IMPACT: Project includes installation of new infrastructure that will require maintenance. COMMENTS ON GRANTS / OTHER FUNDS: Design Complete:FY 2021/22 Construction Complete:FY 2022/23 PROJECT LOCATION SCHEDULE: CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Citywide Mobility and Corridor Improvements Design and construction of various bikeway and aesthetic infrastructure on key routes where enhanced bicycle and pedestrian facilities can be implemented with minimal roadway restructuring. Target roadways include Delaware, Atlanta, Graham, Springdale and Goldenwest. PROJECT NEED: Project goals support overall desire to improve pedestrian and bicycle safety, enhance experience, and promote alternative modes of transportation.FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:Bike Master Plan William Janusz Enhance and maintain the infrastructure CITY OF HUNTINGTON BEACH Streets & Transportation Citywide Mobility362 STRATEGIC PLAN GOAL: Approved Requested PROJECT COSTS Prior FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental Construction 500,000$ 500,000$ 500,000$ Project Management 50,000$ Supplementals R/W Other TOTAL 550,000$ 500,000$ 500,000$ FUNDING SOURCES Prior FY 23/24 FY 24/25 FY 25/26 FY 26/27 Infr Fund (314)550,000$ 500,000$ 500,000$ TOTAL 550,000$ 500,000$ 500,000$ TOTAL PROJECT COST: 1,550,000$ Additional annual cost:$60,000 PROJECT TYPE: Rehabilitation CATEGORY: Drainage PROJECT LOCATION CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (Continuing Project) Implement solutions to enhance public safety FY 2023/24 Fueling Station Canopies B. Polivka PROJECT TITLE: PROJECT DESCRIPTION: N/A PROJECT NEED: MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: Annual maintenance for fueling equipment and storage tanks SCHEDULE: Design Complete:FY 2022/23 Construction Complete: FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR: SOURCE DOCUMENT: This is a multi year project to install three (3) new fuel island canopies and replace two (2) old canopies. Warner Fire Station is from prior years. FY 23/24 will install one each at PTL Yard and Lake Fire Station. FY 24/25 will install two at Corp Yard. The City is required to install/replace fuel island canopies at five (5) City facility locations - three (3) locations have no existing canopies and two (2) have outdated canopies. Canopies are necessary to comply with NPDES Drainage Fueling Station Canopies363 PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Design/Environmental Construction $410,517 Project Management Supplementals R/W Other TOTAL 410,517$ FUNDING SOURCES FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Infr Fund (314)410,517$ TOTAL 410,517$ TOTAL PROJECT COST: 410,517$ Additional annual cost:$0 PROJECT TYPE: Rehabilitation CATEGORY: Parks & Beaches SCHEDULE: MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2023/24 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. Design Complete:FY 2020/21 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Collaborative project with the US Army Corps of Engineers, cities of Newport Beach, Seal Beach, and Surfside Stormwater Protection Division, and County of Orange. Project entails dredging 1.75 million cubic yards of sand from off shore site to replenish eroded beach sand. This is the 13th stage of the project. PROJECT NEED: Project is needed to restore eroded beach sand which acts as a natural buffer from damaging waves and provides recreational amenities for residents and visitors alike. FUNDING DEPARTMENT: Public Works Surfside-Sunset Beach Nourishment Project DEPT. PROJECT MGR: Jim Merid Implement solutions to enhance public safety Parks & Beaches Surfside-Sunset Bch Nourishment364 PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental 12,000$ Construction 763,000$ Project Management 35,000$ Supplementals R/W Other TOTAL 810,000$ FUNDING SOURCES FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Infr Fund (314)310,000$ Project X (1275)500,000$ TOTAL 810,000$ TOTAL PROJECT COST: 810,000$ Additional annual cost:$1,200 PROJECT TYPE:New CATEGORY: Drainage SCHEDULE: MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2022/23 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. Design Complete:FY 2021/22 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Construction and installation of a trash removal device in-line system (TrashTrap) on Delaware Street adjacent to McCallen Park. The device is an extra large fixed basket designed to remove trash/debris larger than 5mm in size. PROJECT NEED: The basis for this project is compliance with the State's Trash Provisions which requires the City to implement trash removal devices to remove trash 5mm or greater from the storm drain system.FUNDING DEPARTMENT: Public Works McCallen Storm Drain Trash Removal Project DEPT. PROJECT MGR:Trash Provisions regulation as adopted by the State Water Resources Control Board in 2017. Consultant cost estimate.Jim Merid Enhance and maintain the infrastructure Drainage Trash Removal365 ... "' ~ i I;:, I c;,JIF1£l0 AV( I YORKTO.m AY!: ~ 11-Yrn+++--i PROJ: i i """ l!:::::::==11 =======:!II e ~ I 1.!:::::======i l!:::::::==11 =======:!II PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental 180,000$ Construction 1,640,000$ Project Management 180,000$ Supplementals R/W Other TOTAL 2,000,000$ FUNDING SOURCES FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Infr Fund (314)2,000,000$ TOTAL 2,000,000$ TOTAL PROJECT COST: 2,000,000$ Additional annual cost:$0 PROJECT TYPE: New Construction CATEGORY: Facilities Enhance and maintain the infrastructure Joint Youth Training Center for Fire and Police Design Complete:FY 2022/23 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: This funding would be allocated to build a new Joint Youth Training Center on the CNET training ground with new Fire Department and Police Department equipment to develop a two-track program that provides vocational and educational pathways for local students and underserved youth. PROJECT NEED: The new building would house the Police Department and Fire Department's two-track youth program equipment, education, and training. SCHEDULE: FUNDING DEPARTMENT: Fire DEPT. PROJECT MGR:N/A Eric McCoy COMMENTS ON GRANTS / OTHER FUNDS: HB Recovery Funds Construction Complete:FY 2023/24 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. MAINTENANCE COST IMPACT: Facilities Joint Youth Training Center366 vi E •J Ellis,A1·tt / ~II ========II ~==i ~II ========II STRATEGIC PLAN GOAL: Approved Requested PROJECT COSTS Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental 900,000$ Construction 2,000,000$ 6,250,000$ 3,000,000$ Project Management Supplementals R/W Other TOTAL 900,000$ 2,000,000$ 6,250,000$ 3,000,000$ FUNDING SOURCES Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)900,000$ 2,000,000$ Unfunded 6,250,000$ 3,000,000$ TOTAL 900,000$ 2,000,000$ 6,250,000$ 3,000,000$ TOTAL PROJECT COST: 12,150,000$ Additional annual cost:$0 PROJECT TYPE: New & Rehabilitation CATEGORY: Facilities CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (Continuing Project) PROJECT TITLE: Oak View Community Center Rehabilitaion PROJECT DESCRIPTION:The complete project includes the demolition and reconstruction of the Family Resources Center, rehabilitation of the gym, path & lighting improvements, as well as expansion of the Oak View Branch Library. The prior year amount is for community input, conceptual design, as well as plans and specs. PROJECT NEED: Expansion & rehabilitation of the community center & branch library are needed in order to better serve the community. The Council-approved ARPA funding will be allocated to the next steps in the design/construction phase. FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR: SOURCE DOCUMENT: Development Impact Fee and Nexus Report - April 27, 2012 Ashley Wysocki Enhance and maintain the infrastructure SCHEDULE: Design Complete: Construction Complete: PROJECT LOCATION aka MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: HB Recovery Fund Facilities Oak View Community Center367 [i :::J 0 :;l" ::I 6 :::i STRATEGIC PLAN GOAL: Approved Requested PROJECT COSTS Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental 75,000$ Construction 1,000,000$ Project Management 160,000$ Supplementals 50,000$ R/W Other TOTAL 75,000$ 1,210,000$ FUNDING SOURCES Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)75,000$ 1,210,000$ TOTAL 75,000$ 1,210,000$ TOTAL PROJECT COST: 1,285,000$ Additional annual cost:$0 PROJECT TYPE: New CATEGORY: Facilities MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: Any unanticipated maintenance cost will be included in Public Works Operating Budget. SCHEDULE: Design Complete:FY 2021/22 Construction Complete:FY 2022/23 Civic Center UST Replacement Cody Jahn PROJECT LOCATION CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (Continuing Project) Design was completed in FY 21-22. Construction phase includes removal of existing Underground Storage Tank, installation of new double wall tank, and associated infrastructure and technology. Replace obsolete dispenser. Upgrade canopy for vehicle clearance and weather protection. PROJECT NEED: FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR: SOURCE DOCUMENT: Enhance and maintain the infrastructure AQMD and California Water Resources Board compliance necessitates the replacement of existing aging, obsolete fuel infrastructure serving the Police Department at the Civic Center by 2025. PROJECT TITLE: PROJECT DESCRIPTION: NA Facilities Civic Center UST Replacement368 Yorktown Ave II II Utica Ave PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental 30,000$ Construction 1,250,000$ Project Management 100,000$ Supplementals 55,000$ R/W Other TOTAL 1,435,000$ FUNDING SOURCES FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Infr Fund (314)1,435,000$ TOTAL 1,435,000$ TOTAL PROJECT COST: 1,435,000$ Additional annual cost:$0 PROJECT TYPE: New & Rehabilitation CATEGORY: Facilities Enhance and maintain the infrastructure Civic Center Generator and Main Switchgear Replacement Design Complete:FY 2022/23 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Replace the two existing Civic Center generators with a modern diesel driven generator capable of providing power to the required Civic Center circuits in the event of a power failure. Also, replace the outdated switchgear equipment with modern technology equipment. PROJECT NEED: The current generators are undersized, out of compliance with fire code and do not have the capacity to supply power to the building fire sprinkler pump. Generator and switchgear are also 45+ years old, parts no longer available. SCHEDULE: FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:N/A Kevin Dupras COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2022/23 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. MAINTENANCE COST IMPACT: Facilities Civic Center Generator369 Yorktown Ave ~ ~ Ave l!:::::::==11 =~I l.!:::::=====i l!:::::::==11 =~I PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental Construction 130,000$ Project Management 25,000$ Supplementals R/W Other TOTAL 155,000$ FUNDING SOURCES FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Infr Fund (314)155,000$ TOTAL 155,000$ TOTAL PROJECT COST: 155,000$ Additional annual cost:$0 PROJECT TYPE: New Construction CATEGORY: Facilities SCHEDULE: MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2022/23 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. Design Complete:FY 2022/23 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Roof replacement needed at the City Yard, Building "A" due to overall poor condition and multiple leaks. PROJECT NEED: Roof is leaking and in poor condition. FUNDING DEPARTMENT: Public Works Roof Replacement City Yard Building "A" DEPT. PROJECT MGR:N/A Kevin Dupras Enhance and maintain the infrastructure Facilities Roof Replacement City Yard370 .. "' "E .. J:. 0 Ill Don Kiser Municipal Yard • Slater Ave l.!:::::============l l!:::::::==11 =~I PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental 200,000$ Construction 1,200,000$ Project Management 40,000$ Supplementals R/W Other TOTAL 200,000$ 1,240,000$ FUNDING SOURCES FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Infr Fund (314)200,000$ 1,240,000$ TOTAL 200,000$ 1,240,000$ TOTAL PROJECT COST: 1,440,000$ Additional annual cost:$0 PROJECT TYPE: New & Rehabilitation CATEGORY: Facilities Enhance and modernize public safety service delivery PD Heliport Hangar Design Complete:FY 2022/23 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Interior improvements including remodeling maintenance office, kitchen, recreation area, restrooms, locker room and pilot lounge. Exterior improvements include roof improvements and skylight replacement. PROJECT NEED: Current hangar is in need of refurbishment and additional maintenance hangar is needed. SCHEDULE: FUNDING DEPARTMENT: Police DEPT. PROJECT MGR: Capt. Tim Martin COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2023/24 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. MAINTENANCE COST IMPACT: Facilities PD Heliport371 I = I I I I I II -~ - --1_ I I I I I I - - - -°' Spo<1s Complex .5 i Golharo off F.S,#1 . H .. pon --"' utr.!ifal!On ■ - I STRATEGIC PLAN GOAL: Approved Requested PROJECT COSTS Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental Construction 150,000$ 150,000$ 150,000$ 150,000$ 150,000$ Project Management 15,000$ 15,000$ 15,000$ 15,000$ Supplementals R/W Other TOTAL 150,000$ 165,000$ 165,000$ 165,000$ 165,000$ FUNDING SOURCES Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)150,000$ 165,000$ 165,000$ 165,000$ 165,000$ TOTAL 150,000$ 165,000$ 165,000$ 165,000$ 165,000$ TOTAL PROJECT COST: 810,000$ Additional annual cost:$0 PROJECT TYPE: Rehabilitation CATEGORY: Facilities MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: Any unanticipated maintenance cost will be included in Public Works Operating Budget. SCHEDULE: Design Complete:N/A Construction Complete:FY 2025/26 Replace R22 Air Conditioning Equipment Denny Bacon PROJECT LOCATION CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (Continuing Project) Multi-year project to replace all existing Air Conditioning equipment containing R22 refrigerant at various city facility locations PROJECT NEED: FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR: SOURCE DOCUMENT: Enhance and maintain the infrastructure Federal regulation prohibits the manufacture and import of R22 refrigerant effective 1/1/2020. Equipment containing R22 is now obsolete and retrofit to a new refrigerant is cost prohibitive. R22 is increasingly scarce and expensive. PROJECT TITLE: PROJECT DESCRIPTION: EPA.gov Phase Out of Ozone Depleting Substances Facilities R22 Replacement372 PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental 75,000$ Construction Project Management 10,000$ Supplementals R/W Other TOTAL 85,000$ FUNDING SOURCES FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Infr Fund (314)85,000$ TOTAL 85,000$ TOTAL PROJECT COST: 85,000$ Additional annual cost:$0 PROJECT TYPE: Rehabilitation CATEGORY: Facilities City Hall 4th Floor Office Improvements The City Manager's office on the fourth floor has a new Public Information Officer, a Homeless Services Manager, and a new Administrative Assistant. A space planning study is needed to plan for tenant improvements to house new staff. CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: PROJECT NEED: Project need is due to provide more room for new staff within the City Manager's office at City Hall.FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR: TBD Enhance and maintain the infrastructure SCHEDULE: Design Complete:FY 2022/23 Construction Complete:N/A PROJECT LOCATION MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: Facilities City Hall 4th Floor373 I~ ~II======~ ===-- II - II .__ II II II II II -11 - ~ - I I I ' - - II II II II II L- Utica Ave I PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental Construction 600,000$ 600,000$ 600,000$ 600,000$ 600,000$ Project Management 65,000$ 65,000$ 65,000$ 65,000$ 65,000$ Supplementals R/W Other TOTAL 665,000$ 665,000$ 665,000$ 665,000$ 665,000$ FUNDING SOURCES FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Measure M (213)300,000$ 300,000$ 300,000$ 300,000$ 300,000$ Infr Fund (314)365,000$ 365,000$ 365,000$ 365,000$ 365,000$ TOTAL 665,000$ 665,000$ 665,000$ 665,000$ 665,000$ TOTAL PROJECT COST: 3,325,000$ Additional annual cost:$0 PROJECT TYPE: New CATEGORY: Neighborhood Zone 2 Curb Ramps Installation of curb access ramps in conjunction with maintenance improvements within Maintenance Zone 2. CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: PROJECT NEED: Curb access ramps are required when adjacent streets are altered or rehabilitated.FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:2020 Pavement Management Plan Joseph Fuentes Enhance and maintain the infrastructure SCHEDULE: Design Complete:FY 2022/23 Construction Complete:FY 2022/23 PROJECT LOCATION MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: Neighborhood Residential Curb Ramps374 IC ~~====~ ----=111 =i11==f11 ~rF~11 ==~l" I I I I I 7 II II II II II I - - II - -1 II I I_ =1 PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental Construction 625,000$ Project Management Supplementals R/W Other TOTAL 625,000$ FUNDING SOURCES FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Infr Fund (314)625,000$ TOTAL 625,000$ TOTAL PROJECT COST: 625,000$ Additional annual cost:$0 PROJECT TYPE: New & Rehabilitation CATEGORY: Parks & Beaches Ashley Wysocki COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2022/23 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. MAINTENANCE COST IMPACT: Pattinson Park Playground/Picnic Area Design Complete:FY 2022/23 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Installation of new custom play units for ages 2-5 and 5-12 years and as needed refurbishing of ADA compliant rubberized safety surfacing, as well as rehabilitation of the picnic area. PROJECT NEED: Playground equipment is over 20 years old. The units are in significant disrepair and beyond retrofitting of parts to address the current condition. Complete replacement of play units are needed. Enhance and maintain the infrastructure SCHEDULE: FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:2018 City Council approved Playground Replacement Priority List Parks & Beaches Pattinson Park375 II I II I PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental 1,750,000$ Construction Project Management Supplementals R/W Other TOTAL 1,750,000$ FUNDING SOURCES FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Infr Fund (314)1,750,000$ TOTAL 1,750,000$ TOTAL PROJECT COST: 1,750,000$ Additional annual cost:$0 PROJECT TYPE:New CATEGORY: Streets PROJECT LOCATION MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: HB Recovery Fund PROJECT NEED: This project will enhance connectivity, revitalize businesses, and provide for increased activities for downtown visitors. FUNDING DEPARTMENT: Public Works Enhance and maintain the infrastructure SCHEDULE: Design Complete:FY 2022/23 Construction Complete:FY 2023/24 DEPT. PROJECT MGR:ARPA Proposed Projects Log TBD CITY OF HUNTINGTON BEACH Downtown Revitalization Improvements Project will reconfigure the broader downtown resort district, including enhancements to Main St. CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Streets & Transportation Downtown Revitalization376 ,,, .,, V ....... ... ,• ,.. 9 , 9 . " _,l.=;Clfla-tt • =-ea.ch•-1 • .,. • • • 9 9 ~ .. ,... .... .. II I 1.!:::::::============1l l!:::::::==11 ========'II STRATEGIC PLAN GOAL: Approved Requested PROJECT COSTS Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental 90,000$ 200,000$ Construction 600,000$ 1,400,000$ Project Management 50,000$ 300,000$ Supplementals 60,000$ 100,000$ R/W Other TOTAL 800,000$ 2,000,000$ FUNDING SOURCES Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)400,000$ 2,000,000$ Traffic Impact Fee (206)400,000$ TOTAL 800,000$ 2,000,000$ TOTAL PROJECT COST: 2,800,000$ Additional annual cost:$10,000 PROJECT TYPE: New CATEGORY: Transportation PROJECT LOCATION CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (Continuing Project) Design and construction of various bikeway and aesthetic infrastructure on key routes where enhanced bicycle and pedestrian facilities can be implemented with minimal roadway restructuring. PROJECT NEED: FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR: SOURCE DOCUMENT: Enhance and maintain the infrastructure Project goals support overall desire to improve pedestrian and bicycle safety while promoting alternative modes of transportation. PROJECT TITLE: PROJECT DESCRIPTION: N/A SCHEDULE: Design Complete:FY 2022/23 Construction Complete:FY 2022/23 Citywide Mobility and Corridor Improvements William Janusz MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: HB Recovery Fund Any unanticipated maintenance cost will be included in Public Works Operating Budget. Streets & Transportation Citywide Mobility377 Infrastructure Advisory Fund Report FY 2022/23 April 17, 2024 378 .-...::::-__ _ - --------------.-= ------ ~ BACKGROUND •Prior to 2015, the Public Works Commission acted in the role of the Citizen’s Infrastructure Advisory Board to review and approve the Infrastructure Fund Report. In 2015, the CIAB and its duties were separated out, only to be combined again as of January 2022. 379 BACKGROUND •The Infrastructure Fund was established in 2002, by City Charter Section 617. Per Section 617 (a), the originally intended revenue source for the Infrastructure Fund was a planned utility use tax on natural gas purchased to generate electricity. However, this ballot measure failed. So, while the Charter amendment created the fund, it was left with no source of revenue. 380 NEED/WHY/BENEFITS •Charter requirements related to the fund are: •Revenue placed in the Infrastructure Fund shall not supplant existing infrastructure funding. •General Fund expenditures for infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15% of general fund revenues based on a five-year rolling average. •The Citizen’s Infrastructure Advisory Board/Public Works Commission conducts an annual review and performance audit of the Infrastructure Fund and reports its findings to the City Council prior to the City Council's adoption of the ensuing fiscal year budget. 381 NEED/WHY/BENEFITS •The single substantial revenue source to the fund is General Fund excess fund balance per the Financial Policy adopted in Fiscal Year 2006/07. The Policy was revised beginning in Fiscal Year 2009/10 to allow for an Economic Uncertainties Reserve commitment. Excerpts addressing the Infrastructure Fund for the previous and current policies are shown in Attachment 1 of the find report along with Municipal Charter Section 617. 382 DETAILS •This report covers fiscal year July 1, 2022-June 30, 2023 Fund Balance July 1, 2022 $20,484,131 Revenue FY 2022/23 $27,677,144 Expenditures FY 2022/23 ($14,762,937) Fund Balance July 1, 2023 $33,398,338 Budgeted Revenue FY 2023/24 $14,900,000 Budgeted Expenditure s FY 2023/24 ($48,190,006) Budgetary Fund Balance July 1, 2024 $1,355,063 $16,136,763 $1,345,095 383 RECOMMENDATION •Approve the Infrastructure Fund Annual Report for Fiscal Year 2022/23 384 Questions? 385 FY 2022/23 Infrastructure Fund Annual Report May 21,2024 386 Infrastructure Fund FY 2022/23 • Section 617 (c) of the City Charter requires that the Citizens Infrastructure Advisory Board conduct an annual review and performance audit of the Infrastructure Fund and reports its findings to the City Council prior to the adoption of the following fiscal year budget. • The Citizens Infrastructure Advisory Board/Public Works Commission reviewed and recommended Council approval of the Infrastructure Fund Report for Fiscal Year 2022/23 on April 17, 2024. • The report covers July 1, 2022 to June 30, 2023 387 Infrastructure Fund FY 2022/23 • Fund Balance • Fund Balance 7/1/22 $20,484,131 • Revenue 2022/23 +$27,677,144 • Expenditures 2022/23 -$14,762,937 • Fund Balance 6/30/23 $33,398,338 • Revenue $27,677,144 • General Fund Transfer of $28,740,805 • ($1,565,054) in interest and market adjustments • $10,422 in maintenance reimbursements • $490,971 in reimbursements from agencies such as the Orange County Sanitation District and the City of Fountain Valley for paving projects 388 Infrastructure Fund FY 2022/23 • Expenditures - $14,762,937 • Infrastructure Projects - $356,746 • Central Park Projects - $230,314 • 20-21 Projects - $56,034 • 21-22 Projects - $3,779,012 • Main Promenade Parking - $158,202 • Maintenance and Design - $4,673,047 • Heil Pump Station - $89,529 • Arterial Rehabilitation 20-21 - $10,093 • Arterial Rehabilitation 21-22 - $319,627 • Rodgers Senior Center - $1,069,236 • Oakview Community Center - $49,666 • Downtown Revitalization $86,030 • Mobility and Corridor Improvements $358,372 • FD/PD Youth Training Center $63,400 • Carr Park Improvements $27,797 • Residential Pavement - $375,702 389 Questions? 390 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-347 MEETING DATE:5/21/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:William Janusz, Principal Civil Engineer Subject: Accept bid and authorize execution of a construction contract with DBX, Inc. in the amount of $1,146,920.00, for the construction of traffic signal modifications at the intersection of Warner Avenue and Ash Lane (CC-1670) and at the intersection of Main Street and Delaware Street (CC-1671), appropriation of funds and execution of change orders Statement of Issue: On April 30, 2024, bids were opened for the construction of traffic signal modifications at the intersection of Warner Avenue and Ash Lane and at the intersection of Main Street and Delaware Street. City Council action is requested to award the construction contract to DBX, Inc., the lowest responsive and responsible bidder. Financial Impact: The engineer’s cost estimate for this project is $1,320,000, including construction contingency and contract administration. Funds for the project in the amount of $755 ,068 are budgeted, with $361,707 in the Traffic Impact Fee, Account No. 20690016.82700 and $393,361 in the Traffic Impact Fee, Account No. 20690017.82700. Staff is requesting that City Council appropriate the remaining project amount of $564,932 from the undesignated Traffic Impact Fee fund balance to complete this project. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by DBX, Inc., in the amount of $1,146,920.00; and, B) Appropriate $564,932 of undesignated Traffic Impact Fee fund balance to Traffic Impact Fee Account No. 20690016.82700; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, City of Huntington Beach Printed on 5/15/2024Page 1 of 3 powered by Legistar™391 File #:24-347 MEETING DATE:5/21/2024 D) Authorize the Director of Public Works to execute change orders not to exceed a total of 10 percent of the contract construction costs. Alternative Action(s): Reject all bids and provide staff with alternative direction. Analysis: The intersection of Warner Avenue and Ash Lane and the intersection of Main Street and Delaware Street were both identified for the installation of left turn arrows. At the intersection of Warner Avenue and Ash Lane, the operation will be modified to only allow for left turns from Warner Avenue to occur on a green left arrow. A similar modification will occur at Main Street and Delaware Street, where the operation will be modified to only allow for left turns from Main Street to occur on a green left arrow. Based on traffic studies, these intersections were selected based on numerous factors that prioritized them as the highest need within the City. These factors include but are not limited to, the large width of the intersection that a vehicle needs to pass through when making a left turn and the increased number of through traffic lanes to six (6). At both locations, the project includes the complete replacement of all major equipment, curb ramp modifications to comply with current accessibility requirements and new underground electrical connections. Construction is estimated to begin in November 2024 and be completed by April 2025. There has been a significant escalation in both material and construction costs over the past few years. Both projects were originally included in the Capital Improvement Program in FY 21/22 with previous bids rejected due to bids exceeding available funds. Staff has concluded that the bids received are competitive and reflective of the current market. Staff is recommending that the additional funds be appropriated out of available Traffic Impact Fees to fully fund the construction of both intersection modifications. Bids were opened on April 30, 2024, and are listed in ascending order: Bidder Submitted and Verified Bid 1 DBX, Inc.$1,146,920.00 2 International Line Builders, Inc.$1,180,490.00 3 Comet Electric, Inc.$1,186,452.00 4 Elecnor Belco Electric, Inc.$1,194,600.00 5 Select Electric, Inc.$1,198,250.00 6 Crosstown Electrical and Data, Inc.$1,227,479.00 7 Asplundh Construction, LLC $1,246,084.30 The total cost of this project is $1,320,000 as outlined below: Bid $ 1,146,920.00 10% Construction Contingency $ 114,692.00 Supplementals (inspection, construction administration, etc.)$ 58,388.00 TOTAL $ 1,320,000.00 City of Huntington Beach Printed on 5/15/2024Page 2 of 3 powered by Legistar™392 File #:24-347 MEETING DATE:5/21/2024Bid$ 1,146,920.00 10% Construction Contingency $ 114,692.00 Supplementals (inspection, construction administration, etc.)$ 58,388.00 TOTAL $ 1,320,000.00 Environmental Status: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) under Class 1 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because it has no potential to have a significant effect on the environment. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Location Map 2.PowerPoint Presentation City of Huntington Beach Printed on 5/15/2024Page 3 of 3 powered by Legistar™393 394 PACIFIC l r NTS ~- -.S'--<t, ~ >?:-o '-1,, ~G <}~ ~~i--: BOLSA AVE. Qo en <( i--: i--: i--: (.) en en en :r: Mc FADDEN AVE. (.) i--: i--: z en (/) ~IL :::!!: <( en I- 0 ::::> :r: 0 en oo <( HEIL 0::: w 0::: z . 0::: w <( 3 CDOI-en (.!) _J 3 z >-c., en _J <( 0 w <( _J 0 WARNER 8 w 0 en <( CD _J 0 0 z (.!) 0::: 0::: <( :r: :r: a.. SLATER I-AVE.~ en 0 c., w m TALBERT AVE. ELLIS 0 > i--: i--: _J CD en en YORKTOWN AVE. ADAMS INDIANAPOLIS <( OCEAN 0 ::J ATLANTA~ 0 z _J c., 3 w <( :::!!: z HAM CITY OF HUNTINGTON BEACH LOCATION MAP TRAFFIC SIGNAL MODIFICATION WARNER AVENUE AND ASH LANE MAIN STREET AND DELAWARE STREET PROJECT LOCATIONS i--: i--: (/) (/) AVE. I- (/) 0::: ::::> AVE. :r: :::.::: 0 0 0 0::: 0::: <( AVE. m :r: (/) ::::> m LTON 1 OF 1 Traffic Signal Modifications Warner Avenue and Ash Lane Main Street and Delaware Street 5/21/2024 395 Project Scope • Installation of east-west left turn arrows on Warner Avenue at Ash Lane • Installation of left turn arrows on Main Street at Delaware Street • Left turns would only be permitted on a green arrow • Project includes sidewalk and curb ramp improvements • Construction estimated to begin November 2024 and be completed by April 2025 396 Project Budget • Bids opened on April 30, 2024 • Low Apparent Bid is $1,146,920 • Project Cost Estimate is $1,320,000 including construction contingency and contract administration • Available Funds: $755,068 - resulting in an estimated shortfall of $564,932 • Staff recommendation is to award contract and appropriate $564,932 from undesignated Traffic Impact Fee fund balance 397 Project Locations 398 --," l 11 I _J Warner Ave . ~..;,._~~==""'-~ 1 11 J ~~Ji1~4;~~~%J9-=::b~P~-:-:-ll"T7T-j Slat er Ave ~ i l! I albertAve . v· i -r i ll is Ave i:i5 +J , d1L,~-~+::7~-f--:-f-~f-7 r Jtm---w F _/~-I) -; ~ i ii §i {j 'I rn ::::i I 2 I d L Ave __________________ _ I Questions? 399 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-391 MEETING DATE:5/21/2024 Subject: Item Submitted by Mayor Van Der Mark, Mayor Pro Tem Burns, and Council Member Strickland - Renaming of Commerce Lane to Ed Laird Lane in Honor of Mr. Ed Laird’s Service to Huntington Beach- Request Action Recommended Action: Direct the City Manager to return with a resolution for City Council to commemorate Mr. Ed Laird’s service and rename Commerce Lane to Ed Laird Lane. Attachment(s): 1. Council Member Item - Van Der Mark, Burns, Strickland - Renaming of Commerce Lane to Laird Lane in Honor of Mr. Ed Laird’s Service to Huntington Beach- Request Action City of Huntington Beach Printed on 5/15/2024Page 1 of 1 powered by Legistar™400 To: From: Date: Subject: City Council Meeting – Council Member Items Report City Council Gracey Van Der Mark, Mayor Pat Burns, Mayor Pro Tem Tony Strickland, Council Member May 14, 2024 Renaming of Commerce Lane to Ed Laird Lane in Honor of Mr. Ed Laird’s Service to Huntington Beach- Request Action 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov ISSUE STATEMENT Mr. Ed Laird has lived in Huntington Beach since 1990, and Laird Coatings Corporation has been a cornerstone of Huntington Beach entrepreneurial industry since 1974. He has served on the Bolsa Chica Conservancy for 28 years, 8 of those as Chair of Board of Directors and currently serves as Chair of the Advisory Board. He’s been involved with the Boy Scouts of America for 60 years and Ed Laird Scout Camp at the Irvine Ranch Outdoor Education Center is named after him for his contributions and service. He has been a member of HB Boys for 25 years. He has been active in the Kiwanis Club Huntington Beach since 1996 and served as president from 1999-2000. He was a Planning Commissioner for 2 years and has served on the American Cancer Society of Orange County for 11 years, 2 years which he served as President of the Orange County Region. My colleagues and I would like to honor his service by renaming Commerce Lane, the location of Laird Coatings Corporation, to Ed Laird Lane. His name will be forever etched in our Huntington Beach history. RECOMMENDED ACTION Direct the City Manager to return with a resolution for City Council to commemorate Mr. Ed Laird’s service and rename Commerce Lane to Ed Laird Lane. ENVIRONMENTAL STATUS This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. STRATEGIC PLAN GOAL Non Applicable - Administrative Item 401 •. CITY OF _ HUNTINGTON BEACH