HomeMy WebLinkAbout2025-03-18 Agenda PacketIN-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
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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, March 18, 2025
4:00 PM - Study/Closed Session
6:00 PM - Regular Meeting
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
MAYOR AND CITY COUNCIL
PAT BURNS, Mayor
CASEY MCKEON, Mayor Pro Tem
DON KENNEDY, Councilman
BUTCH TWINING, Councilman
GRACEY VAN DER MARK, Council Woman
CHAD WILLIAMS, Councilman
STAFF
TRAVIS HOPKINS, City Manager
MIKE VIGLIOTTA, City Attorney
LISA LANE BARNES, City Clerk
ALISA BACKSTROM, City Treasurer
1
AGENDA March 18, 2025City Council/Public Financing
Authority
4:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Twining, Kennedy, McKeon, Burns, Van Der Mark, Williams
Pursuant to Resolution No. 2001-54, Mayor Pro Tem McKeon has requested permission to be
absent from this meeting.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO
STUDY AND/OR CLOSED SESSION ITEMS (Received After Agenda Distribution)
PUBLIC COMMENTS PERTAINING TO STUDY AND/OR CLOSED 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
25-0811.Joint Study Session of the Citizen Participation Advisory Board
(CPAB) and City Council to review funding recommendations for the
Community Development Block Grant (CDBG) and HOME
Investment Partnerships (HOME) programs for 2025-26
CPAB Roll Call: Chair Hammel, Vice Chair Padhiar, Secretary Pena;
Board Members Pappas, and Quinn
RECESS TO CLOSED SESSION
CLOSED SESSION
25-1972.CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code
section 54956.9(d)(4).): Number of matters: One (1) - Confer with
City Attorney regarding a request to provide Amicus support with
Page 1 of 7 2
AGENDA March 18, 2025City Council/Public Financing
Authority
regard to Byrne, et al. v. Rule, et al.; Court of Appeal Case No.
B332962.
25-1983.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section
54957.6.) Agency designated representatives: Travis Hopkins, City
Manager; also in attendance: Marissa Sur, Director of Human
Resources; Mike Vigliotta, City Attorney and David Cain, Interim
Chief Financial Officer. Employee Organization: Huntington Beach
Municipal Teamsters (HBMT).
25-1994.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section
54957.6.) Agency designated representatives: Travis Hopkins, City
Manager; also in attendance: Marissa Sur, Director of Human
Resources; Mike Vigliotta, City Attorney and David Cain, Interim
Chief Financial Officer. Employee Organization: Management
Employees' Organization (MEO).
25-2005.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section
54957.6.) Agency designated representatives: Travis Hopkins, City
Manager; also in attendance: Marissa Sur, Director of Human
Resources; Mike Vigliotta, City Attorney and David Cain, Interim
Chief Financial Officer. Employee Organization: Marine Safety
Management Association (MSMA).
25-2016.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.
(Paragraph (1) of subdivision (d) of Section 54956.9). Southwest
Voter Registration Education Project, et al. v. City of Huntington
Beach; OCSC Case No. 30-2024-01397379-CU-CR-NJC.
25-2037.CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property:
21091 Pacific Coast Highway, Huntington Beach, CA, 92648 (APN
024-281-16). Agency Negotiators: Travis Hopkins, City Manager;
Ashley Wysocki, Director of Community and Library Services; Chris
Cole, Community and Library Services Manager; William Krill, Real
Estate Project Manager. Negotiating Parties: (Not Present) Dave
Clapp DBA Jack’s Beach Concessions. Under negotiation: Price and
terms of lease.
25-2118.CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code
Page 2 of 7 3
AGENDA March 18, 2025City Council/Public Financing
Authority
section 54956.9(d)(4).): Number of matters: One (1).
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
Twining, Kennedy, McKeon, Burns, Van Der Mark, Williams
Pursuant to Resolution No. 2001-54, Mayor Pro Tem McKeon has requested permission to be
absent from this meeting.
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.
25-1859.Huntington Beach Police Chaplain James Pike
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT BY CITY ATTORNEY
CITY COUNCIL MEMBER COMMENTS (2-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 (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
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
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AGENDA March 18, 2025City Council/Public Financing
Authority
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.
ADMINISTRATIVE ITEMS
25-20410.Select a Candidate for Appointment to Vacated City Council Seat
Select a candidate for appointment to the vacated City Council seat.
Recommended Action:
ADMINISTER OATH OFFICE TO NEWLY APPOINTED COUNCILMEMBER
ROLL CALL
Twining, Kennedy, McKeon, Burns, Van Der Mark, Williams, New Councilmember
Pursuant to Resolution No. 2001-54, Mayor Pro Tem McKeon has requested permission to be
absent from this meeting.
CITY MANAGER'S REPORT
25-16711.Department Services and Budget Overview
25-21512.Mid-Year Budget Update
CONSENT CALENDAR (Items 13 - 18)
City Clerk
Page 4 of 7 5
AGENDA March 18, 2025City Council/Public Financing
Authority
25-15813.Approve and Adopt Minutes
Approve and adopt the City Council/Public Financing Authority regular meeting minutes of
March 4, 2025 and special meeting minutes of March 11, 2025.
Recommended Action:
Community and Library Services
25-16314.Approve and authorize execution of a five-year (5) License
Agreement with Southern California Edison Company for public
parkland located at Arevalos Park
Approve the License Agreement with Southern California Edison Company for the use of
the 2.58-acre parcel commonly known as Arevalos Park and authorize the Mayor and City
Clerk to execute any and all documents necessary to conclude this transaction.
Recommended Action:
25-16415.Approve and authorize execution of a five-year (5) License
Agreement with Southern California Edison Company for use of 2.48
acres of land southeast of Atlanta Avenue and Brookhurst Street to
be used as a Community Garden
Approve the License Agreement with Southern California Edison Company for the use of
the 2.48-acre parcel to be used for the Huntington Beach Community Garden and
authorize the Mayor and City Clerk to execute any and all documents necessary to
conclude this transaction.
Recommended Action:
Community Development
25-13816.Consider and direct staff to forward the 2024 Housing Element
Annual Progress Report to the California Department of Housing and
Community Development and the Governor’s Office of Land Use
and Climate Innovation (formerly the Office of Planning and
Research)
Approve the 2024 Housing Element Annual Progress Report, and direct staff to submit the
2024 Housing Element APR to the California Department of Housing and Community
Development and Governor’s Office of Land Use and Climate Innovation (formerly the
Office of Planning and Research)
Recommended Action:
Public Works
25-13617.Approve the West Orange County Water Board (WOCWB) Fiscal Year
Page 5 of 7 6
AGENDA March 18, 2025City Council/Public Financing
Authority
2025/26 Budget in the amount of $1,683,800
Approve the WOCWB Proposed budget for Fiscal Year 2025/26, with the City of
Huntington Beach amount of $1,046,624 .
Recommended Action:
25-13418.Accept the lowest responsive bid and authorize execution of a
construction contract with Crosstown Electrical & Data, Inc., in the
amount of $242,967.80, for the construction of a fiber optic
communication system for traffic signal communication along Bolsa
Chica Street corridor (CC-1622)
A) Accept the lowest responsive and responsible bid submitted by Crosstown Electrical &
Data, Inc., in the amount of $242,967.80; and
B) Authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney .
Recommended Action:
PUBLIC HEARING
For the benefit of the public, prior to a public hearing item, each member of the City Council will
disclose any ex parte communications they may have had pertaining to the item. In simple terms,
public hearings are quasi-judicial proceedings and the information used by the City Council to
make its decisions should be limited to that which is obtained during the public hearing. Ex parte
communications, then, means any information obtained outside of a public hearing. In such public
hearing proceedings, the City Council must uphold constitutional and statutory due process rights
of present and non-present parties by disclosing ex parte communications. Ex parte
communications include oral and written information, as well as visual or auditory information
obtained during a site visit.
Individuals wishing to provide a comment on an item scheduled for Public Hearing 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.
25-14319.Approve Zoning Text Amendment No. 25-001 (Smoke/Tobacco Shop
Regulations) by approving for the introduction of Ordinance Nos.
4331, 4332, 4333, and 4334
A) Find Zoning Text Amendment No. 25-001 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,
Recommended Action:
Page 6 of 7 7
AGENDA March 18, 2025City Council/Public Financing
Authority
B) Approve Zoning Text Amendment No. 25-001 with findings (Attachment No. 1) and
approve for introduction:
1. Ordinance No. 4331, “An Ordinance of the City Council of the City of Huntington Beach
Amending Chapter 204 Use Classifications of the Huntington Beach Zoning and
Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 2)
2. Ordinance No. 4334, “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. 25-001)”; (Attachment No. 3)
3. Ordinance No. 4333, “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. 25-001)”; (Attachment No. 4)
4. Ordinance No. 4332, “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. 25-001)”; (Attachment No. 5)
ADMINISTRATIVE ITEMS (CONTINUED)
25-20220.Adopt Resolution No. 2025-26 appointing Robert Torrez as Interim
Chief Financial Officer and approving the Employment Agreement.
A) Adopt Resolution No. 2025-26, “A Resolution of the City Council of the City of
Huntington Beach Appointing Robert Torrez as Interim Chief Financial Officer;” and
B) Approve and authorize the City Manager to execute the “Employment Agreement
between the City of Huntington Beach and Robert Torrez”
Recommended Action:
CITY COUNCIL MEMBER REQUESTS
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing
Authority is Tuesday, April 1, 2025, at the Central Library, 7111 Talbert Ave, Huntington Beach,
California 92648.
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 #:25-081 MEETING DATE:3/18/2025
Joint Study Session of the Citizen Participation Advisory Board (CPAB) and City Council to
review funding recommendations for the Community Development Block Grant (CDBG) and
HOME Investment Partnerships (HOME) programs for 2025-26
CPAB Roll Call: Chair Hammel, Vice Chair Padhiar, Secretary Pena; Board Members Pappas,
and Quinn
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Joint Study Session of the
City Council and Citizen
Participation Advisory
Board
Review 2025-26 CDBG & HOME
Funding Recommendations
March 18, 2025
10
c::(]Bb
COMMUNITY DEVELOPMENT
BLOCK GRANT
Background
The U.S. Department of Housing and Urban Development
(HUD) provides annual entitlement grants to the City:
• Community Development Block Grant (CDBG)
• HOME Investment Partnerships (HOME)
11
COMMUNITY DEVELOPMENT
BLOCK GRANT
2025-26 Estimated Funding Levels
CDBG HOME TOTAL
Public Services $168,179 N/A $168,179
Capital & Housing
Preservation Projects $987,645 $790,595 $1,778,240
Administration $224,239 $193,833 $418,072
Total $1,380,063 $984,428 $2,364,491
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COMMUNITY DEVELOPMENT
BLOCK GRANT
Public Participation
• HUD requires public participation in funding allocation process
• City issues Notice of Funding Availability (NOFA)
• Citizen Participation Advisory Board (CPAB) conducts three public meetings to
review CDBG public services applications and make funding
recommendations to the City Council
• City Council and CPAB hold a joint study session to review funding
recommendations
• City Council holds a public hearing to approve funding allocations
13
COMMUNITY DEVELOPMENT
BLOCK GRANT
CDBG Objectives
The purpose of the CDBG program is to:
• Create and maintain decent housing
• Create and maintain suitable living environments
• Expand economic opportunities
All CDBG activities are required to meet one of three national objectives:
• Benefit low and moderate-income residents
• Aid in the prevention or elimination of slums or blight
• Address an urgent unforeseen emergency
14
COMMUNITY DEVELOPMENT
BLOCK GRANT
CDBG Local Priority Objectives
All CDBG activities must address a local priority objective:
• Housing
• Homelessness
• Special Needs (seniors, veterans, mental illness, substance abuse, illiterate
persons)
• Youth and family services
• Community and public facilities
• Infrastructure improvements
15
COMMUNITY DEVELOPMENT
BLOCK GRANT
CDBG Allocations
15% Public Services
20% Administration
65% Capital &
Housing Preservation
Projects
16
COMMUNITY DEVELOPMENT
BLOCK GRANT
CDBG Public Services
Estimated $168,179 Available to Allocate Requested
Funding
Funding
Recommendation
Children’s Bureau (Boys & Girls Club)$85,000 $40,530
HB Senior Center $46,000 $30,530
Open Arms Food Pantry $60,000 $0
Pathways to Independence $40,000 $20,530
Project Hope Alliance $50,000 $20,530
Robyne’s Nest $75,000 $40,529
StandUp for Kids OC
$33,478 $15,530
TOTAL $389,478 $168,179
Remaining Funds to Allocate = $0
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COMMUNITY DEVELOPMENT
BLOCK GRANT
CDBG CAPITAL & HOUSING
PRESERVATION PROJECTS
Estimated $987,645 Available to Allocate Requested
Funding
Funding
Recommendation
ADA Curb Cuts/Ramps – Zone 3 $125,000 $125,000
Housing Rehab Loan/Grant Program $381,139 $381,139
Special Code Enforcement $246,506 $246,506
TBRA Program Administration
$235,000 $235,000
TOTAL $987,645 $987,645
Remaining Funds to Allocate = $0
18
COMMUNITY DEVELOPMENT
BLOCK GRANT
CDBG Administration
Estimated $224,239 Available
to Allocate
Requested
Funding
Funding
Recommendation
CDBG Administration $224,239 $224,239
TOTAL $224,239 $224,239
Remaining Funds to Allocate = $0
19
COMMUNITY DEVELOPMENT
BLOCK GRANT
HOME Program Objectives
Eligible Activities:
• Homebuyer Assistance
• Housing Rehabilitation
• Rental Housing Assistance
• Tenant Based Rental Assistance (TBRA)
20
COMMUNITY DEVELOPMENT
BLOCK GRANT
HOME Local Priority Objectives
All HOME activities must address a local priority objective:
• Preserve existing affordable housing
• Create new affordable housing
• Tenant Based Rental Assistance (TBRA)
21
COMMUNITY DEVELOPMENT
BLOCK GRANT
HOME Allocations
15% CHDO Projects
10% Administration
75% Capital & Housing
Preservation Projects
22
COMMUNITY DEVELOPMENT
BLOCK GRANT
Estimated $844,428 Available to Allocate Requested
Funding
Funding
Recommendation
Families Forward TBRA $200,000 $200,000
Mercy House TBRA $200,000 $200,000
Senior Mobile Home TBRA $200,000 $128,841
CHDO Reserve $363,330 $261,754
25-26 HOME Administration Allocation $53,833 $53,833
TOTAL $1,017,163 $844,428
Remaining Funds to Allocate = $0
HOME Allocations
23
COMMUNITY DEVELOPMENT
BLOCK GRANT
Estimated $140,000 Available to Allocate Requested
Funding
Funding
Recommendation
Staff Salaries $65,000 $65,000
Fair Housing Foundation $35,000 $35,000
2025-26 Annual Action Plan $10,000 $10,000
2025-26 HOME Housing Monitoring $30,000 $30,000
TOTAL $140,000 $140,000
Remaining Funds to Allocate = $0
Available HOME Admin (Carryover)
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COMMUNITY DEVELOPMENT
BLOCK GRANT
Upcoming Actions
March 18 Joint City Council / CPAB study session to review funding
recommendations
April 4-May 6 30-day public review period of the 25-29 Consolidated Plan and 25-26
Action Plan
May 6 City Council considers approval of 25-29 Consolidated Plan and 25-26
Action Plan with funding allocations
May 15 25-29 Consolidated Plan and 25-26 Action Plan due to HUD
July 1 New Program Year begins
25
COMMUNITY DEVELOPMENT
BLOCK GRANT
QUESTIONS?
26
COMMUNITY DEVELOPMENT
BLOCK GRANT
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-197 MEETING DATE:3/18/2025
CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).):
Number of matters: One (1) - Confer with City Attorney regarding a request to provide Amicus
support with regard to Byrne, et al. v. Rule, et al.; Court of Appeal Case No. B332962.
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-198 MEETING DATE:3/18/2025
CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated
representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of
Human Resources; Mike Vigliotta, City Attorney and David Cain, Interim Chief Financial
Officer. Employee Organization: Huntington Beach Municipal Teamsters (HBMT).
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-199 MEETING DATE:3/18/2025
CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated
representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of
Human Resources; Mike Vigliotta, City Attorney and David Cain, Interim Chief Financial
Officer. Employee Organization: Management Employees' Organization (MEO).
City of Huntington Beach Printed on 3/12/2025Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-200 MEETING DATE:3/18/2025
CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated
representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of
Human Resources; Mike Vigliotta, City Attorney and David Cain, Interim Chief Financial
Officer. Employee Organization: Marine Safety Management Association (MSMA).
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-201 MEETING DATE:3/18/2025
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision
(d) of Section 54956.9). Southwest Voter Registration Education Project, et al. v. City of
Huntington Beach; OCSC Case No. 30-2024-01397379-CU-CR-NJC.
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-203 MEETING DATE:3/18/2025
CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 21091 Pacific Coast
Highway, Huntington Beach, CA, 92648 (APN 024-281-16). Agency Negotiators: Travis
Hopkins, City Manager; Ashley Wysocki, Director of Community and Library Services; Chris
Cole, Community and Library Services Manager; William Krill, Real Estate Project Manager.
Negotiating Parties: (Not Present) Dave Clapp DBA Jack’s Beach Concessions. Under
negotiation: Price and terms of lease.
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-211 MEETING DATE:3/18/2025
CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).):
Number of matters: One (1).
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-185 MEETING DATE:3/18/2025
Huntington Beach Police Chaplain James Pike
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-204 MEETING DATE:3/18/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Travis Hopkins, City Manager
PREPARED BY:Jennifer Carey, Deputy City Manager
Subject:
Select a Candidate for Appointment to Vacated City Council Seat
Statement of Issue:
On March 11, 2025, Councilman Tony Strickland resigned his City Council seat to accept the position
of Senator for California District 36. Pursuant to Section 312 of the Huntington Beach Charter,
unscheduled vacancies on the City Council are to be filled by an appointment of the City Council
within 60 days.
Financial Impact:
There is no fiscal impact associated with appointing a candidate to fill the vacant City Council seat.
Recommended Action:
Select a candidate for appointment to the vacated City Council seat.
Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
On March 11, 2025, Councilman Tony Strickland was sworn in as a California Senator for District 36.
As a result, Strickland resigned from his Huntington Beach City Council seat, leaving an unscheduled
City Council vacancy. Per Section 312 of the Huntington Beach Charter, unscheduled vacancies on
the City Council are to be filled by an appointment of the City Council within 60 days. Further, the
Charter stipulates that if the City Council fails to fill the vacancy within the specified timeframe, a
special election must be held to fill the vacated role.
City Manager Travis Hopkins met with remaining City Council Members individually to gather their
recommendations on potential replacements. While additional individuals may be recommended by
City Council, the following Huntington Beach residents were suggested:
·Valentina Bankhead
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File #:25-204 MEETING DATE:3/18/2025
·Ken Babineau
·Andrew Gruel
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
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-167 MEETING DATE:3/18/2025
Subject:
Department Services and Budget Overview
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-215 MEETING DATE:3/18/2025
Subject:
Mid-Year Budget Update
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-158 MEETING DATE:3/18/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Lisa Lane Barnes, City Clerk
PREPARED BY:Lisa Lane Barnes, City Clerk
Subject:
Approve and Adopt Minutes
Statement of Issue:
The City Council/Public Financing Authority regular meeting minutes of March 4, 2025 and special
meeting minutes of March 11, 2025 require review and approval.
Financial Impact: None.
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular meeting minutes of March 4,
2025 and special meeting minutes of March 11, 2025.
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. March 4, 2025 CC/PFA regular meeting minutes
2. March 11, 2025 CC/PFA special meeting minutes
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Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, March 4, 2025
4:00 PM — Council Chambers
6:00 PM — Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 4:00 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
https://huntingtonbeach.legistar.com/Calendar.aspx
4:00 PM — COUNCIL CHAMBERS
CALLED TO ORDER — 4:00 PM
ROLL CALL
Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams
Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS RELATED TO CLOSED SESSION
ITEMS (Received After Agenda Distribution) — None
PUBLIC COMMENTS (3-Minute Time Limit) — None
Mayor Burns read titles for Item #1 25-146 regarding Conference with Labor Negotiators and
Employee Organization: Huntington Beach Municipal Teamsters (HBMT); Item #2 25-147
regarding Conference with Labor Negotiators and Employee Organization: Management
Employees' Organization (MEO); Item #3 25-148 regarding Conference with Labor Negotiators and
Employee Organization: Marine Safety Management Association (MSMA); and Item #4 25-149
regarding Conference with Real Property Negotiators Dave Clapp DBA Jack's Beach
Concessions: Price and terms of lease.
A motion was made by Burns, with a second by McKeon, to recess to Closed Session.
RECESSED TO CLOSED SESSION — 4:03 PM
CLOSED SESSION
1. 25-146 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency
designated representatives: Travis Hopkins, Acting City Manager; also in
attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City
Attorney and David Cain, Interim Chief Financial Officer. Employee Organization:
Huntington Beach Municipal Teamsters (HBMT).
2. 25-147 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency
designated representatives: Travis Hopkins, Acting City Manager; also in
attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City
Attorney and David Cain, Interim Chief Financial Officer. Employee Organization:
Management Employees’ Organization (MEO).
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Council/PFA Regular Meeting Minutes
March 4, 2025
Page 2 of 10
3. 25-148 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency
designated representatives: Travis Hopkins, Acting City Manager; also in
attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City
Attorney and David Cain, Interim Chief Financial Officer. Employee Organization:
Marine Safety Management Association (MSMA).
4. 25-149 CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 21091 Pacific
Coast Highway, Huntington Beach, CA, 92648 (APN 024-281-16). Agency
Negotiators: Travis Hopkins, Acting City Manager; Ashley Wysocki, Director of
Community and Library Services; Chris Cole, Community and Library Services
Manager; William Krill, Real Estate Project Manager. Negotiating Parties: (Not
Present) Dave Clapp DBA Jack’s Beach Concessions. Under negotiation: Price and
terms of lease.
5. 25-152 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code
section 54956.9(d)(2).): Two (2).
6. 25-156 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). People of the State of California v. City of
Huntington Beach; Case No. 30-2024-01393606.
7. 25-157 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.
8. 25-166 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section
54956.9(d)(4).): One (1).
6:00 PM — COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM
ROLL CALL
Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams
Absent: None
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.
9. 25-142 Huntington Beach Police Chaplain Bob Ewing
PLEDGE OF ALLEGIANCE — Led by Mayor Burns
CLOSED SESSION REPORT BY CITY ATTORNEY — None
CITY COUNCIL MEMBER COMMENTS (2–Minute Time Limit)
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Council/PFA Regular Meeting Minutes
March 4, 2025
Page 3 of 10
Councilmember Strickland announced this is his last meeting as a Huntington Beach Councilmember,
expressed his appreciation for the opportunity to also serve as Mayor and gratitude for the support of
residents during his term of service. He added he will continue to be a Huntington Beach resident as he
serves as State Senator in Sacramento.
Council Woman Van Der Mark, Mayor Burns, Mayor Pro Tem McKeon and Councilmembers Kennedy,
Twining and Williams each congratulated Councilmember Strickland and thanked him for his leadership,
support and service to Huntington Beach.
Council Woman Van Der Mark announced two upcoming meetings at Huntington Harbour Yacht Club
regarding the Harbour's Shell String project.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barnes announced supplemental
communications received by her office following distribution of the Council Agenda packet which were all
uploaded to the City's website and Councilmember iPads: City Manager's Report Item #10 (1 staff
PowerPoint communication); Consent Calendar Item #12 ( 3 email communications); Item #13 (7 email
communications); Administrative Items #16 (1 staff PowerPoint and 1 email communication); #17 (12
email communications); and #18 (11 email communications).
PUBLIC COMMENTS (1-Minute Time Limit due to number of speakers) — 49 Speakers
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at https://huntingtonbeach.legistar.com/Calendar.aspx.
Dave Shankman, Kite Connection Owner, announced Kite Party 21 on March 8th and 9th at the
Huntington Beach Municipal Pier. (00:15:42)
Unnamed Speaker commented on the ACLU lawsuit regarding the Huntington Beach Library system.
(00:16:55)
Andrew Einhorn commented on Huntington Beach voter ID fraud. (00:18:12)
Paula Schaefer commented on Administrative Items #17 regarding community parent guardian review
board for procurement of children's library materials; #18 regarding public operation of library services,
and Huntington Beach Park Volunteers. (00:19:26)
Pat Goodman acknowledged Black History Month in February. (00:20:46)
T. J. England commented on Administrative Items #17 regarding community parent guardian review
board for procurement of children's library materials, #18 regarding public operation of library services,
and Symphony of Flowers at Huntington Central Park East. (00:21:57)
Cindy commented on the plaque celebrating the Huntington Beach Public Library's 50th Anniversary.
(00:23:06)
Tom McNamara commented about invocations for City Council meetings. (00:24:24)
Regina Blankenhorn commented on children's library materials. (00:25:34)
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Council/PFA Regular Meeting Minutes
March 4, 2025
Page 4 of 10
Amory Hanson thanked Councilmember Strickland for his service to Huntington Beach, stated his
interest in filling the City Council vacancy and announced he will be a Candidate for City Council in the
2026 General Election. (00:26:37)
Dom McGee thanked Councilmember Strickland for his service to Huntington Beach, congratulated him
for the Senate win and commented on efforts to return to founding values. (00:27:25)
Unnamed Speaker commented on the City's budget shortfall, the plaque celebrating the Huntington
Beach Public Library's 50th Anniversary, voter ID laws, and procurement of children's library materials.
(00:28:30)
Joanne Sosa commented on procurement of children's library materials. (00:30:20)
Unnamed Speaker commented on Huntington Beach residents' efforts to fight back. (00:31:35)
Unnamed Speaker commented on the plaque celebrating the Huntington Beach Public Library's 50th
Anniversary. (00:32:46)
Unnamed Speaker commented on the plaque celebrating the Huntington Beach Public Library's 50th
Anniversary. (00:34:05)
Unnamed Speaker commented on some interpretations of MAGA. (00:35:16)
Unnamed Speaker commented on Councilmember comments and actions. (00:36:59)
Unnamed Speaker thanked Councilmember Strickland for his service to Huntington Beach and
commented on Councilmember comments and actions. (00:38:25)
Jignesh Padhiar congratulated Councilmember Strickland and commented on the children's library
materials issue. (00:39:32)
Unnamed Speaker commented on some interpretations of MAGA. (00:40:55)
Kelly Self commented on the plaque celebrating the Huntington Beach Public Library's 50th Anniversary.
(00:42:12)
Unnamed Speaker commented on the plaque celebrating the Huntington Beach Public Library's 50th
Anniversary. (00:43:00)
Kevin Rew commented on some interpretations of MAGA. (00:44:14)
Unnamed Speaker commented on Consent Calendar Item #13 regarding the letter of opposition to South
Coast Air Quality Management District’s proposed amended Rules 1111 and 1121. (00:45:38)
Unnamed Speaker commented on Councilmembers' efforts to protect children. (00:46:45)
Ken Inouye commented on the City's budget and infrastructure plan, especially related to potential
natural disasters. (00:48:03)
Cathey Ryder commented on the reality that Huntington Beach needs resident and tourist revenues.
(00:49:07)
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Council/PFA Regular Meeting Minutes
March 4, 2025
Page 5 of 10
Unnamed Speaker commented on the children's library materials issue. (00:50:04)
Mike Selna commented on Consent Calendar Item #13 regarding letter of opposition to South Coast Air
Quality Management District’s proposed amended Rules 1111 and 1121. (00:52:13)
Unnamed Speaker commented on current national and local politics. (00:53:21)
Dave Rynerson commented on the Symphony of Flowers at Huntington Central Park East. (00:54:31)
Unnamed Speaker commented on commitment to the Constitution and Pledge of Allegiance. (00:55:38)
Unnamed Speaker commented on the plaque celebrating the Huntington Beach Public Library's 50th
Anniversary. He was invited to complete a blue card for further discussion. (00:56:55)
Russ Neal commented on the children's library materials issue. (00:57:45)
Unnamed Speaker commented on some interpretations of MAGA. (00:58:48)
Wendy Rincon commented on some interpretations of MAGA. (01:00:14)
Unnamed Speaker commented on some interpretations of MAGA. (01:01:24)
Bethany Webb commented on the Public Library issues, unbalanced budget, Pacific Air Show and
Symphony of Flowers Show. (01:02:38)
Unnamed Speaker commented on the professionalism of the Huntington Beach Police Department and
Councilmembers' efforts to protect children. (01:04:21)
Zach Cash commented on some interpretations of MAGA. (01:05:39)
Larry Hersh commented on the plaque celebrating the Huntington Beach Public Library's 50th
Anniversary and the Public Library petitions. (01:06:51)
Unnamed Speaker commented on the placement of children's library materials. (01:08:02)
James Elder commented on the behavior of the public during City Council meetings. (01:09:14)
Unnamed Speaker commented on some interpretations of MAGA. (01:10:16)
Chris Rini commented on some interpretations of MAGA. (01:11:25)
Tim Geddes commented on Councilmembers' actions related to Public Library issues. (01:12:31)
Unnamed Speaker commented on some interpretations of MAGA and issues related to the Public Library
petitions. (01:13:31)
Roger Noor commented on the fluctuating time allowed for public speakers. (01:14:56)
COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None
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Council/PFA Regular Meeting Minutes
March 4, 2025
Page 6 of 10
AB 1234 REPORTING — None
OPENNESS IN NEGOTIATION DISCLOSURES
Councilmember Twining reported meeting with Management Employees' Organization (MEO)
representatives this past week.
CITY MANAGER’S REPORT
10. 25-159 Department Services and Budget Overview
Mayor Pro Tem McKeon provided a review of the Budget Townhall presented last week to set the stage
for this presentation.
Acting City Manager Travis Hopkins introduced Interim Chief Financial Officer (CFO) David Cain who
provided a PowerPoint communication titled Finance Department, with slides entitled Finance
Department General Fund Budget, Finance, Finance Dept – Key Transparency Documents, Finance
Department Divisions & Services, Operations & Annual Performance Data, and Questions?
Mayor Pro Tem McKeon, Councilmember Kennedy and Interim CFO Cain discussed potential operating
expense efficiencies, increased revenue opportunities, potential operational, system and call center
efficiencies, and clarification of “Equivalent FTEs” which includes both full-time and part-time employees.
There was also discussion on the need to understand vacancies in commercial spaces, and
consideration of implementing some new automated systems which would be expected to recoup any
costs quickly.
Acting City Manager Travis Hopkins introduced Human Resources Director Marisa Sur who provided a
PowerPoint communication titled Human Resources Department, with slides entitled Human Resources
Department Budget, Human Resources, Human Resources Divisions & Services, Operations &
Performance Data, and Questions?
Mayor Pro Tem McKeon, Councilmembers Kennedy, Twining and Human Resources Director Sur
discussed potential operating expense efficiencies, Workman's Comp exposure, insurance premium
rates, limited revenue opportunities, regular sharing of cost-saving ideas among Department Heads, and
annual review of insurance costs.
Mayor Pro Tem McKeon clarified that information shown at the Budget Townhall on the General Fund
Baseline Forecast, specifically the tall blue bar near the middle of the slide, actually shows COVID-19
funding that was received. It does not show a $15M budget surplus as some are claiming.
CONSENT CALENDAR (Items 11 - 15)
Councilmember Kennedy pulled Items #12 and #14 and Councilmember Twining pulled Item #13 for
further discussion.
City Clerk
11. 25-141 Approved and Adopted Minutes
A motion was made by Strickland, second Van Der Mark to approve and adopt the City Council/Public
Financing Authority regular meeting minutes of February 18, 2025.
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Council/PFA Regular Meeting Minutes
March 4, 2025
Page 7 of 10
The motion carried by the following roll call vote:
AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams
NOES: None
City Manager
12. 25-108 Adopted Resolution No. 2025-18 Approving the 2025 Huntington Beach Legislative
Platform
Councilmember Kennedy pulled this item to clarify for the public that, specifically regarding sober living
facilities, this is a forward-looking position and will not necessarily change existing situations. He added
that there are differences between a licensed facility and a sober living home, and stated the City
Attorney's Office will be compiling a document that defines and clarifies those differences, as well as
appropriate code enforcement, which will be available for public access.
A motion was made by Kennedy, second Strickland to adopt Resolution No. 2025-18, "A Resolution of
the City Council of the City of Huntington Beach Adopting the City of Huntington Beach Legislative
Platform."
The motion carried by the following roll call vote:
AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams
NOES: None
13. 25-165 Approved Letter of Opposition Regarding South Coast Air Quality Management
District (AQMD) Proposed Amended Rules 1111 and 1121
Councilmember Twining pulled this item to note that South Coast Air Quality Management District is to be
commended for improving air quality in the region, however, the proposed amendments present
significant concerns, especially for Huntington Beach seniors and poorer residents. He added these
rules should be optional rather than mandatory, questioned if the electric grid could even handle the
resulting load increase, and noted the electric grid is not zero emissions.
A motion was made by Twining, second McKeon to direct City Manager to draft and send a letter on
behalf of the City of Huntington Beach to the South Coast Air Quality Management District Governing
Board Opposing Proposed Amended Rules 1111 and 1121.
The motion carried by the following roll call vote:
AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams
NOES: None
Community Development
14. 25-121 Approved and authorized execution of Amendment No. 1 to the professional
services contract with CSG Consultants, Inc., for inspection services in the amount
of $385,000
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Council/PFA Regular Meeting Minutes
March 4, 2025
Page 8 of 10
Councilmember Kennedy pulled this item to clarify the increase in contract amount will be drawn down
monthly on an as–needed basis, and to determine what activities are considered "extra work" to be paid
at the hourly rate.
A motion was made by Kennedy, second Strickland to approve and authorize the Mayor and City Clerk to
execute "Amendment No. 1 to Professional Services Contract Between the City of Huntington Beach and
CSG Consultants, Inc., for Counter Services and Field Inspection of Construction Projects," to increase
the contract amount by $385,000 (Attachment No.1)
The motion carried by the following roll call vote:
AYES: Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams
NOES: None
OUT OF ROOM: Twining
Public Works
15. 25-079 Accepted the lowest responsive and responsible bid and authorized execution of a
construction contract with All American Asphalt in the amount of $4,138,097 for the
Residential Zone 2 Overlay Maintenance Project, CC-1812
A motion was made by Strickland, second Van Der Mark to accept the lowest responsive and responsible
bid submitted by All American Asphalt in the amount of $4,138,097; and, authorize the Mayor and City
Clerk to execute a construction contract in a form approved by the City Attorney.
The motion carried by the following roll call vote:
AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams
NOES: None
ADMINISTRATIVE ITEMS
16. 25-154 Adopted Resolution No. 2025-17 approving a City Manager Employment Agreement
Acting City Manager Travis Hopkins noted that according to California regulations a staff report is
required before a vote is taken, and introduced Human Resources Director Marisa Sur who provided a
PowerPoint communication titled City Manager Employment Agreement, with slides entitled: Contract
Overview, Recommended Action, and Questions?
A motion was made by Burns, second Strickland to adopt Resolution No. 2025-17, "A Resolution of the
City Council of the City of Huntington Beach Approving Travis Hopkins as City Manager" and to execute
the related City Manager Employment Agreement.
The motion carried by the following roll call vote:
AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams
NOES: None
City Manager Hopkins expressed his appreciation for the honor of serving Huntington Beach for over 18
years, and thanked Mayor Burns and Councilmembers for approving his continued service.
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Council/PFA Regular Meeting Minutes
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Page 9 of 10
17. 25-153 Considered Options on How to Proceed for Citizen Initiative to Repeal Ordinance
No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 – Community-
Parent Guardian Review Board for Procurement of Children’s Library materials, and
Adding Section 2.30.090 – Selection and Use of Library Materials
City Clerk Lisa Lane Barnes announced Council had asked staff to return with possible options and those
options were now before them.
A motion was made by Burns, second Van Der Mark to A) Adopt Resolution No. 2025-09, “A Resolution
of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a General
Election on Tuesday, November 3, 2026, for Submission to Voters an Initiative Ordinance to Amend the
Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof Entitled ‘Community Parent
Guardian Review Board for Procurement of Children’s Library Materials’ and Adding Section 2.03.090
Thereto Entitled ‘Selection and Use of Library Materials;’” OR, B) Call for a special election to be held
not less than 88 days, nor more than 103 days after the order of the election, and:
1. Adopt Resolution No. 2025-20, "A Resolution of the City Council of the City of Huntington Beach
Calling for and Ordering the Holding of a Special Election on Tuesday, June 10, 2025, for Submission to
the Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Deleting Chapter
2.66 Thereof Entitled 'Community Parent Guardian Review Board for Procurement of Children's Library
Materials' and Adding Section 2.03.090 Thereto Entitled 'Selection and Use of Library Materials;'" and,
2. Adopt Resolution No. 2025-21, "A Resolution of the City Council of the City of Huntington Beach
Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City
Relating to the Conduct of a Special Election to be Held on Tuesday, June 10, 2025;" and,
3. Adopt Resolution No. 2025-22, "A Resolution of the City Council of the City of Huntington Beach
Setting Priorities for Filing a Written Argument(s) Against by Mayor Burns, Mayor Pro Tem McKeon and
Council Woman Van Der Mark Regarding a City Measure and Directing the City Attorney to Prepare an
Impartial Analysis"; and,
4. Adopt Resolution No. 2025-12, "A Resolution of the City Council of the City of Huntington Beach
Providing for the Filing of Rebuttal Arguments by Mayor Burns, Mayor Pro Tem McKeon and Council
Woman Van Der Mark for City Measures Submitted at Municipal Elections"
The motion carried by the following roll call vote:
AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams
NOES: None
18. 25-155 Considered Options on How to Proceed for Citizen Initiative "An Ordinance to
Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100,
Entitled ’Public Operation of Library Services’"
A motion was made by Burns, second Van Der Mark to A) Adopt Resolution No. 2025-13, "A Resolution
of the City Council of the City of Huntington Beach Calling for and Ordering the Holding of a General
Election on Tuesday, November 3, 2026, for Submission to Voters an Initiative Ordinance to Amend the
Huntington Beach Municipal Code by Adding New Section 2.03.100, Entitled 'Public Operation of Library
Services;'" OR, B) Call for a special election to be held not less than 88 days, nor more than 103 days
after the order of the election, and:
1. Adopt Resolution No. 2025-23, "A Resolution of the City Council of the City of Huntington Beach
Calling for and Ordering the Holding of a Special Election on Tuesday, June 10, 2025, for Submission to
Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section
2.03.100, Entitled 'Public Operation of Library Services;'" and,
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Council/PFA Regular Meeting Minutes
March 4, 2025
Page 10 of 10
2. Adopt Resolution No. 2025-24, "A Resolution of the City Council of the City of Huntington Beach
Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City
Relating to the Conduct of a Special Election to be Held on Tuesday, June 10, 2025;" and,
3. Adopt Resolution No. 2025-25, "A Resolution of the City Council of the City of Huntington Beach
Setting Priorities for Filing a Written Argument(s) Against by Mayor Burns, Mayor Pro Tem McKeon and
Council Woman Van Der Mark Regarding a City Measure and Directing the City Attorney to Prepare an
Impartial Analysis;" and,
4. Adopt Resolution No. 2025-16, "A Resolution of the City Council of the City of Huntington Beach,
California, Providing for the Filing of Rebuttal Arguments by Mayor Burns, Mayor Pro Tem McKeon and
Council Woman Van Der Mark for City Measures Submitted at Municipal Elections"
The motion carried by the following roll call vote:
AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams
NOES: None
As Councilmember Strickland is vacating his City Council position, Mayor Burns requested that
City Manager Travis Hopkins place on the March 18, 2025, agenda an item to appoint a new
councilmember to replace Councilmember Strickland. Any Councilmember that would like to
submit a name for consideration is to provide that information to City Manager Hopkins prior to
the posting of the March 18, 2025, City Council meeting agenda.
ADJOURNMENT — At 8:13 PM a motion was made by McKeon, with a second by Strickland, to adjourn
to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority
is Tuesday, March 18, 2025, 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
49
Minutes
Special Meeting
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, March 11, 2025
5:30 PM — Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 5:30 PM portion of this meeting
is on file in the Office of the City Clerk, and archived at
https://huntingtonbeach.legistar.com/Calendar.aspx
5:30 PM — COUNCIL CHAMBERS
CALLED TO ORDER SPECIAL MEETING — 5:30 PM
ROLL CALL
Pursuant to Resolution No. 2001-54, Councilmembers Kennedy and Twining requested and, with no
objections, were granted permission to be absent from this meeting.
Present: McKeon, Burns, Van Der Mark, and Williams
Absent: Twining, and Kennedy
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.
INVOCATION — Councilmember Williams
PLEDGE OF ALLEGIANCE — Led by Councilmember Williams
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barnes announced supplemental
communications received by her office following distribution of the Council Agenda packet which were all
uploaded to the City's website and Councilmember iPads: Administrative Items #1 (1 email
communication).
PUBLIC COMMENTS (3-Minute Time Limit) — 3 Speakers
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at https://huntingtonbeach.legistar.com/Calendar.aspx.
Mayor Burns announced that all public comments must be directed only to the topic of this
Special Meeting.
Shawn Roseling commented on Council's decision to hold a special election for two ballot measures on
June 10, 2025. (00:05:02)
Chris Rini commented on Council's decision to hold a special election for two ballot measures on June
10, 2025. (00:06:28)
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Council/PFA Special Meeting Minutes
March 11, 2025
Page 2 of 2
Pat Goodman commented on Council's decision to hold a special election for two ballot measures on
June 10, 2025. (00:07:29)
ADMINISTRATIVE ITEMS
1. 25-206 Adopted Resolution No. 2025-27 Providing Additional Direction to the Orange
County Registrar of Voters for Handling a Special Election on June 10, 2025
A motion was made by Burns, second Williams to adopt Resolution No. 2025-27, "A Resolution of the
City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the
County of Orange to Render Specified Services to the City Relating to the Conduct of a Special
Municipal Election for Two Ballot Measures Held on Tuesday, June 10, 2025"
The motion carried by the following roll call vote:
AYES: McKeon, Burns, Van Der Mark, and Williams
NOES: None
ABSENT: Twining, and Kennedy
ADJOURNMENT — at 5:40 PM a motion was made by Van Der Mark, with a second by McKeon, to
adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing
Authority on Tuesday, March 18, 2025, 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
51
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-163 MEETING DATE:3/18/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Travis Hopkins, City Manager
VIA:Ashley Wysocki, Director of Community & Library Services
PREPARED BY:Carrie Gonzales, Management Aide
Subject:
Approve and authorize execution of a five-year (5) License Agreement with Southern
California Edison Company for public parkland located at Arevalos Park
Statement of Issue:
The City Council is being asked to approve a five-year (5) License Agreement between the City of
Huntington Beach and Southern California Edison Company (SCE) for use of the 2.58-acre SCE right
-of-way for Arevalos Park. The current Agreement will expire March 31, 2025.
Financial Impact:
The annual payment is budgeted in the Park Development Impact Fee Fund, Leases, account
number 22845001.70300.
Recommended Action:
Approve the License Agreement with Southern California Edison Company for the use of the 2.58-
acre parcel commonly known as Arevalos Park and authorize the Mayor and City Clerk to execute
any and all documents necessary to conclude this transaction.
Alternative Action(s):
Do not approve the license agreement and discontinue the use of this property as parkland.
Analysis:
Since 1971, the City has leased the SCE property adjacent to Pegasus School (formerly Arevalos
Elementary School) for public parkland. This property is located between the backside of the school
and the Santa Ana River just north of Adams Avenue and east of Brookhurst Street. The public lot
contains open turf areas and a tot playground. The License Agreement has been renewed for
successive five-year terms since that time. The current License Agreement will expire on March 31,
2025. The proposed License Agreement would commence April 1, 2025, and expire March 31, 2029.
In exchange for the use of the property, the City would pay an annual license fee in accordance with
City of Huntington Beach Printed on 3/12/2025Page 1 of 2
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File #:25-163 MEETING DATE:3/18/2025
the fee schedule below:
Term Year Due Yearly Amount Payment Due First Day of
First Year 2025 $802.92 April
Second Year 2026 $843.07 April
Third Year 2027 $885.22 April
Fourth Year 2028 $929.49 April
Fifth Year 2029 $975.96 April
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. License Agreement between Southern California Edison Company and City of Huntington
Beach for Arevalos Park - Contract No. 9.3265.
2. SCE - Arevalos Park Map.
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SCE Doc. 169068 Att.
CITY OF HUNTINGTON BEACH
Contract No. 9.3265
(Formerly Contract No. L2145)
LICENSE A G R E E M E N T
INDEX OF ARTICLES
1. USE
2. TERM
3. CONSIDERATION
4. INSURANCE
5. LICENSOR'S USE OF THE PROPERTY
6. LICENSEE'S IMPROVEMENTS
7. LICENSEE'S PERSONAL PROPERTY
8. HEIGHT LIMITATIONS AND VERTICAL CLEARANCES
9. ACCESS AND CLEARANCES
10. PARKING
11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT)
12. FLAMMABLES, WASTE AND NUISANCES
13. PESTICIDES AND HERBICIDES
14. HAZARDOUS MATERIALS AND WASTE
15. SIGNS
16. FENCING AND EXISTING FIXTURES
17. PARKWAYS AND LANDSCAPING
18. IRRIGATION EQUIPMENT
19. UNDERGROUND TANKS
20. UNDERGROUND FACILITIES
21. UTILITIES
22. TAXES, ASSESSMENTS AND LIENS
23. EXPENSE
24. ASSIGNMENTS
25. COMPLIANCE WITH LAWS AND REGULATIONS
26. GOVERNING LAW
27. INDEMNIFICATION; ASSUMPTION OF RISK; RELEASE
28. TERMINATION
29. EVENTS OF DEFAULT
30. REMEDIES
31. LICENSEE'S PERSONAL PROPERTY UPON TERMINATION OR EXPIRATION
32. LIMITATION OF LIABILITY
33.NON-POSSESSORYINTEREST
34. WAIVER
35. AUTHORITY
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SCE Doc. 169068 Att.
36. ELECTRIC AND MAGNETIC FIELDS
37. INDUCED VOLTAGES
38. NOTICES
39. RECORDING
40. COMPLETE AGREEMENT
41. SIGNATURE AUTHORITY
42. SURVIVAL
APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS
ADDENDUM(Sl
TREES /LANDSCAPING
PARK USE
Contract No. 9.3265
(Formerly Contract No. L2 l 45)
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SCE Doc. 169068 Att.
LICENSE AGREEMENT
Contract No. 9.3265
(Formerly Contract No. L2145)
THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation
organized under the laws of the State of California, called "Licensor", and CITY OF HUNTINGTON
BEACH, called ''Licensee'';
WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the
terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby
give to Licensee the license to use that certain real property solely for the purpose hereinafter specified,
upon and subject to the terms, reservations, covenants and conditions hereinafter set forth, hereinafter
designated as "Property" on the Exhibit "A" attached hereto and made a part hereof, being a portion of
Assessor's Parcel Number 155-301-06, situated in the City of Huntington Beach, County of Orange, State
of California, subject to any and all covenants, restrictions, reservations, exceptions, rights and
easements, whether or not of record.
Acknowledgment of License and Disclaimer of Tenancy
Licensee acknowledges and agrees that the License constitutes a limited, revocable, non-possessory,
personal and non-assignable privilege to use the Property solely for those permitted uses and activities
expressly identified in the Agreement (the "License Privilege"). Licensee further acknowledges and
agrees that:
• The consideration paid by Licensee pursuant to Article 3 of the Agreement is
consistent with the value of the rights comprising the License Privilege; the
consideration is not consistent with the higher market value for a greater right,
privilege or interest (such as a lease) in the Property or similarly situated parcels,
• Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or
leasehold in relation to the Property.
• The Agreement and/or any prior and/or future acts or omissions of Licensor shall
not create (or be construed as creating) a leasehold, tenancy or any other interest in
the Property.
• Licensor may terminate the License and revoke the License Privilege at any time,
subject, if applicable, to a notice period agreed upon by the parties, as more
particularly set forth in the Agreement.
• In consideration of Licensor's grant of the License, Licensee specifically and expressly
waives, releases and relinquishes any and all right(s) to assert any claim of right,
privilege or interest in the Property other than the License.
• Licensee further acknowledges and agrees that without the representations and
agreements set forth herein, Licensor would not enter into the Agreement.
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(Formerly Contract No. L2145)
I. Use: Licensee will use the Property for park and public recreation purposes only.
Licensor makes no representation, covenant, warranty or promise that the Property, and any fixtures
thereon, are fit or suitable for any particular use, including the use for which this Agreement is made
and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee's use
of the property for any other purpose and/or failure to utilize the Property in accordance with this
License as determined by the Licensor in its sole discretion will be deemed a material default and
grounds for immediate termination of this Agreement in accordance with Articles 28 and/ or 30.
2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect
for a term of five (5) years commencing on the first day of April, 2025 and ending on the last day of
March, 2030. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent
agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the
improvements Licensee places on or makes to the Property, or for any other reason.
3. Consideration: Licensee will pay to Licensor the sum of Eight Hundred Two and 92/ 100
Dollars ($802. 92) upon the execution and delivery of this Agreement with subsequent annual payments
as specified below. Payment to Licensor must be in the form of a check or money order payable to
Southern California Edison Company. No cash payments will be accepted by Licensor. Payment
schedule:
Year Term Yearly Payment Due
Amount First Dav Of
First Year 2025 $802.92 April
Second Year 2026 $843.07 April
Third Year 2027 $885.22 April
Fourth Year 2028 $929.49 April
Fifth Year 2029 $975.96 April
All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten
percent (10%) of the full amount that was due on said date. To the extent a payment is not made within
sixty (60) days, Licensor may increase the late fee to twenty percent (20%) of the full amount due.
Licensor shall further be entitled to any other costs associated with collection of the unpaid amounts.
All payments subsequent to the initial payment will be paid to the Southern California Edison Company,
Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting Department -
Accounts Receivable.
insurance:
4. Insurance: During the term of this Agreement, Licensee shall maintain the following
(a) Workers' Compensation with statutory limits, under the laws of the State of California
and Employer's Liability with limits of not less than $1,000,000.00 each accident,
disease/each employee, and disease/policy limit. Licensee shall require its insurer to
waive all rights of subrogation against Licensor, its officers, agents and employees, except
for any liability resulting from the willful or grossly negligent acts of the Licensor.
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(b) Commercial General Liability Insurance, including contractual liability and products
liability, with limits not less than $1,000,000.00 per occurrence and $1,000,000.00 in
the aggregate. Such insurance shall: (i) name Licensor, its officers, agents and employees
as additional insureds, but only for Licensee's negligent acts or omissions; (ii) be primary
for all purposes and (iii) contain separation of insureds or cross-liability clause, and (iv)
require its insurer to waive all rights of subrogation against Licensor, its officers, agents
and employees, except for any liability resulting from the willful or grossly negligent acts
of the Licensor.
(c) Commercial Automobile Liabilitv insurance with a combined single limit of
$1,000,000.00. Such insurance shall cover the use of owned, non-owned and hired
vehicles on the Property.
The failure to maintain such insurance may be deemed by Licensor a material default of this Agreement
and grounds for immediate termination pursuant to Articles 28 and/or 30. Licensee shall provide
Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Article 38
"Notices", at least ten days prior to the effective date of this Agreement, and thereafter at least ten days
prior to each insurance renewal date. Licensee must provide Licensor at least thirty (30) days notice
before any such insurance will be canceled, allowed to expire, or materially reduced. However, in the
event insurance is canceled for the non-payment of a pre1nium, Licensee must provide to Licensor at
least ten ( 10) days' prior written notice before the effective date of cancellation. The required insurance
policies shall be maintained with insurers reasonably satisfactory to Licensor and shall be primary and
non-contributory with any insurance or self-insurance maintained by Licensor.
5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns,
have the right to enter the Property, at all times, for any purpose, and the right to conduct any activity
on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in
compensation to Licensee for any damages whatsoever to personal property, structures, and/or crops
located on the Property, nor shall Licensee be entitled to any compensation for any loss of use of the
Property or a portion thereof, and/or any related damages, as a result of Licensor's activities under this
Article.
6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval,
complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding,
and irrigation plans, -identifying all existing and proposed improvements, a minimum of sixty (60) days
prior to making any use of the Property. Licensee's conceptual plans for proposed improvements shall
be developed in accordance with the guidelines contained in the Appendix to this License. It is
understood and agreed that the general guidelines contained in the Appendix are intended to provide a
framework for the development of conceptual plans only; and that Licensor may modify or add to the
conditions contained in the Appendix hereto, based on individual site characteristics, Licensor's existing
or potential operating needs or Licensee's proposed use(s). Licensee must submit, for Licensor's prior
written approval plans for any modifications to such improvements. Written approval may be modified
and/ or rescinded by Licensor for any reason whatsoever.
To the extent Licensor reviews and/or approves any improvement plans, Licensor is doing so only for
purposes of determining whether said improvements are compatible with Licensor's use of the Property.
Under no circumstances shall such review and/or approval be construed as a warranty, representation,
or promise that the Property is fit for the proposed improvements, or that said improvements comply
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with any applicable city, state, or county building requirements, other legal requirements, or the
generally accepted standard of care.
At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved
improvements at Licensee's risk and expense and without compensation from Licensor. Licensor is not
required, at any time, to make any repairs, improvements, alterations, changes or additions of any
nature whatsoever to the Propertyand/or any fixtures thereon. Licensee expressly acknowledges that
any expenditures or improvements will in no way alter Licensor's right to terminate in accordance with
Articles 28, and/or 30.
7. Licensee's Personal Property: (i) Licensor grants Licensee permission to place Licensee's
personal property on the Property consistent with the use identified in Article 1 and other terms of this
Agreement. Such permission granted by Licensor shall be revoked upon the earlier of the termination
or expiration of this Agreement. All equipment and other property brought, placed or erected on the
Property by Licensee shall be and remain the property of Licensee, except as otherwise set forth herein.
Licensee shall be responsible for any damage to the Property and/or Licensor's personal property arising
out of Licensee's activities on the Property, including its use and/or removal of Licensee's personal
property. Licensee further acknowledges and agrees that Licensor is not responsible for Licensee's
personal property during the effectiveness of this Agreement, or upon termination or expiration, Licensor
further assumes no duty or obligation to maintain or secure Licensee's personal property at any time.
(ii) Unless as specifically provided for in an Addendum to this Agreement, Licensee shall not store on
the Property, for a period longer than twenty-four (24) consecutive hours, any personal property owned
by a non-party to this Agreement.
Licensee will defend and indemnify Licensor, its directors, officers, agents, subcontractors, and
employees, and its successors and assigns, from any and all claims, loss, damage, actions, causes of
action, expenses and/or liability arising from the storage of, damage to, and/or loss of use of such non-
party's personal property.
8. Height Limitations and Vertical Clearances: Any equipment used by Licensee or its
agents, employees or contractors, on and/ or adjacent to the Property, will be used and operated so as
to maintain minimum clearances from all overhead electrical conductors as designated in the table
below:
Vehicle/ Equipment Vertical Clearance
500kV 35 feet
220 kV-66kV 30 feet
<66kV /Distribution facilities\ 25 feet
Telecom 18 feet
All trees and plants on the Property will be maintained by Licensee at a maximum height
of fifteen (15) feet. If requested by Licensor, Licensee will remove or relocate at Licensee's expense, any
tree and/or other planting.
9. Access and Horizontal Clearances: Licensee will provide Licensor with adequate access
to all of Licensor's facilities on the Property and at no time will there be any interference with the free
movement of Licensor's equipment, personnel, and materials over the Property. Licensor may require
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Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen
(16) feet, with commercial driveway aprons and curb depressions capable of supporting a gross load of
forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on curves by
a distance equal to 400 /inside radius of curvature. All curves shall have a radius of not less than 50
feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by
Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain
the following minimum clearances:
a. A SO-foot-radius around suspension tower legs, H-Frames and poles and 100-foot
radius around dead-end tower legs, H-Frames and poles.
b. A 25-foot-radius around all other poles.
NOTE: Additional clearance may be required by Licensor for structures.
10. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow
parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved
in a writing executed by Licensor.
11. Weeds, Brush, Rubbish and Debris (Weed Abatement): Licensee will keep the Property
clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor.
12. Flammables, Waste and Nuisances: Unless permitted by Licensor in writing, Licensee
will not, or allow others, to place, use, or store any flammable or combustible materials or waste
materials on the Property or commit any waste or damage to the Property or allow any to be done.
Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused
by any trespasser, dust, odor, flammable or waste materials, noise or other nuisance disturbances.
Licensee will not permit dogs on the Property.
13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be
made in accordance with all Federal, State, County and local laws. Licensee will dispose of all pesticides,
herbicides and any other toxic substances declared to be either a health or environmental hazard, and
all materials contaminated by such substances, including but not limited to, containers, clothing and
equipment, in the manner prescribed by law.
14. Hazardous Material and Waste: Licensee will not engage in, or permit any other party
to engage in, any activity on the Property that violates federal, state or local laws, rules or regulations
pertaining to the use, management, storage, or disposal of waste, including, but not limited to
hazardous, toxic or infectious 1naterials. Unless permitted by Licensor in writing, Licensee will not, or
allow others to, place, use, or store any hazardous, toxic or infectious materials and/ or waste on the
Property. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and
its successors and assigns, harmless from all claims, loss, drunage, actions, causes of action, expenses
and/or liability arising from lealrn of, spills of, and/or contamination by or from hazardous materials as
defined by applicable laws or regulations, which may occur during and after the Agreement term, and
are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee.
15. Signs: Licensee must obtain written approval from Licensor prior to the construction or
placement of any sign, signboard or other form of outdoor advertising. Licensee shall within three (3)
days from the date on which the Licensee learns of the graffiti remove any signs containing graffiti or
shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to Licensor.
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Notwithstanding any other language in this Article, Licensee shall not advertise on any sign any product,
service, or good which is (i) not directly related to Licensee's use of the Property, (ii) offensive to the
public, or (iii) which Licensor, in its reasonable discretion, deems objectionable.
16. Fencing and Existing Fixtures: Licensor disclaims any and all express or implied
warranties for any fencing and/or other fixtures affixed to the Property, and further disclaims any
liability arising from any disrepair of the same. Licensee may install fencing on the Property with prior
written approval from Licensor. Such fencing will include double drive gates, in locations specified by
Licensor, a minimum of twenty (20) feet in width and designed to accommodate separate Licensor and
Licensee locks. Licensee will maintain and repair all fencing and other fixtures affixed to the Property,
including any grounding of the same as deemed necessary by Licensor, in a manner acceptable to
Licensor. Grounding plans must be prepared and stamped by a licensed electrical engineer and
submitted to Licensor.
17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to
the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the Property
and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor.
18. Irrigation Equipment: Any irrigation equipment located on the Property prior to the
commencement of this Agreement, including but not limited to pipelines, well pumping equipment and
other structures, is the property of Licensor and will remain on and be surrendered with the Property
upon termination of this Agreement. Should Licensee desire to use the irrigation equipment, Licensee
will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense.
19. Underground and Above-Ground Tanks: Licensee will not install underground or above-
ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior
written approval in accordance with Article 6.
20. Underground Facilities: Any underground facilities must be approved by Licensor
pursuant to Article 6, Licensee must contact Dig Alert and comply with the applicable processes, policies
and/ or procedures of Dig Alert, prior to any underground installation. Any underground facilities
installed or maintained by Licensee on the Property must have a minimum cover of three feet from the
top of the facility and be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle.
Licensee will compact any earth excavated to a compaction of ninety percent (90%). Licensee will
relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities.
21. Utilities: Licensee will pay all charges and assessments for, or in connection with 1 water 1
electric current or other utilities which may be furnished to or used on the Property.
22. Taxes. Assessments and Liens: Licensee will pay all taxes and assessments which may
be levied upon any crops, personal property, and improvements, including but not limited to, buildings,
structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including
but not limited to, mechanics liens and encumbrances by use or occupancy by Licensee 1 or any person
claiming under Licensee. If Licensee fails to pay the above-mentioned taxes, assessments or liens when
due, Licensor may pay the same and charge the amount to the Licensee. All accounts not paid within
thirty (30) days of the agreed upon due date will be charged a "late fee" on all amounts outstanding up
to the maximum rate allowed by law.
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23. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement.
All matters or things required by Licensee will be performed and paid for at the sole cost and expense of
Licensee, without obligation by Licensor to make payment or incur cost or expense for any such matters
or things.
24, Assignments: This Agreement is personal to Licensee, and Licensee will not assign,
transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so
will be void and confer no right on any third party.
25. Compliance with Laws and Regulations: Licensee will comply with all applicable federal,
state, county and local laws, all covenants, conditions and restrictions of record and all applicable
ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted
public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent
thereto. Licensee will obtain all permits and other governmental approvals required in connection with
Licensee's activities hereunder. Licensee shall also comply with the requirements of every addendum
attached hereto. Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and
employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes
of actions, expense and/ or liability arising from or resulting from any violation of this provision.
26. Governing Law: The existence, validity, construction, operation and effect of this
Agreement and all of its terms and provisions will be determined in accordance with the laws of the State
of California.
27. Indemnification; Assumption of Risk; Release: Licensee shall hold harmless, defend and
indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against
all claims, loss, damage, actions 1 causes of actions, expense and/ or liability arising from or growing out
of loss or damage to property, including that of Licensor, or injury to or death of persons, including
employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this
Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee.
Licensee agrees to assume all risk of loss by fire, flood, earthquake, theft, accident, or casualty of any
kind, which may affect the Property, any improvements constructed or installed thereon by Licensee,
Licensee1s use of the Property, or exercise of the rights granted herein. Licensee releases and waives all
claims against Licensor and each of the indemnified parties for loss or damage caused by, arising out
of, or in any way connected with Licensor's or Licensee 1s use of the Property or the exercise of the rights
granted herein.
28. Termination: Licensor or Licensee may terminate this Agreement1 at any time, for any
reason, upon thirty (30) days notice in writing. Additionally, Licensor may immediately terminate this
Agreement pursuant to Article 30. Termination does not release Licensee from any liability or obligation
(indemnity or otherwise) which Licensee may have incurred. Upon termination, Licensor may
immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum
rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate
Licensor for all the detriment proximately caused by Licensee's failure to perform its obligations under
this Agreement. Licensee's continued presence after termination shall be deemed a trespass. In the event
of a termination for any reason other than non-payment of the License fee, Licensor shall refund any
previously collected/pre-paid License fees covering the unused portion of the remaining term, to the
extent such fees exceed any offset claimed by Licensor under the Agreement
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29. Events of Default: In addition to material defaults otherwise described herein, the
occurrence of any of the following shall constitute a material default and breach of this Agreement by
Licensee:
(a) Any failure by Licensee to pay the consideration due under Article 3, or to make any
other payment required to be made by Licensee when due.
(b) The abandonment or vacating of the Property by Licensee.
(c) Any attempted assignment or subletting of this Agreement by Licensee in violation of
Article 24.
(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other
rule of any governmental agency applicable to Licensee's activities under this Agreement.
(e) Any attempt to exclude Licensor from the licensed premises.
(I) The making by Licensee of any general assignment for the benefit of creditors; the
appointment of a receiver to tal<e possession of substantially all of Licensee's assets
located on the Property or of Licensee's privileges hereunder where possession is not
restored to Licensee within five (5) days; the attachment, execution or other judicial
seizure of substantially all of Licensee's assets located on the Property or of Licensee's
privileges hereunder, where such seizure is not discharged within five (5) days.
(g) Any case, proceeding or other action brought against Licensee seeking any of the relief
mentioned in "clause f' of this Article which has not been stayed or dismissed within
thirty (30) days after the commencement thereof.
(h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the
Property.
(i) With respect to items not otherwise listed in Article 29.a-h, the failure by Licensee to
observe and perform any other provision of this Agreement to be observed or performed
by Licensee. Licensor shall provide written notice of such failure and Licensee shall be
considered in material default where such failure continues for a total of ten (10) or more
consecutive days from the date of the notice. Further, with respect to items not otherwise
listed in Article 29.a-h, Licensee shall be considered in material default should Licensee
fail to observe or perform any other provision of this Agreement for more than fifteen (15)
days during the entire Term of the Agreement in the aggregate, after Licensor provides an
initial written notice of such failure. After providing initial notice under this provision,
Licensor will not be required to provide any subsequent notice of breach of this
Agreement.
30. Remedies: Notwithstanding the notice requirement in Article 28, in the event of any
material default by Licensee, then in addition to any other remedies available to Licensor at law or in
equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee
hereunder by giving written notice of such immediate termination to Licensee.
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31. Licensee's Personal Property Upon Termination or Expiration: In the event that this
Agreement is terminated, whether termination is effected pursuant to Article 28 and/or 30, or in the
event this Agreement expires pursuant to Article 2, Licensee shall, at Licensee's sole cost and expense
and prior to the earlier of the effective termination date or expiration date, remove all weeds, debris, and
waste from the Property and peaceably quit, surrender and restore the licensed Property to the condition
it was in prior to the Licensee's use of the Property, in a manner satisfactory to Licensor.
If Licensee fails or refuses to remove any of Licensee's personal property, building(s), fixture(s) or
structure(s) from the Property prior to the earlier of the termination date or expiration date, said personal
property, building(s), fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the
Licensor shall have the right, but not the obligation, to remove, destroy, sell or otherwise dispose of them
with no further notice to Licensee. Licensor shall not be required to seek and/or obtain judicial relief
(including, but not limited to, the filing of an unlawful detainer action), nor shall Licensor be responsible
for the value of Licensee's personal property.
Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by
Licensor related to (i) the removal, disposal or sale of Licensee's personal property, building(s), fixture(s)
or structure(s), (ii), the removal of any waste, weeds, or debris on the Property, (iii) environmental studies
and environmental remediation and/or cleanup attributable to Licensee's use of the Property, and (iv)
the restoration of the Property to the condition it was in prior to Licensor's initial use of the Property.
Licensee agrees to pay such expenses to Licensor upon demand.
32. Limitation of Liability:
IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3,
WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR, LICENSEE
AGREES TO LIMIT LICENSOR'S LIABILITY PURSUANT TO THIS AGREEMENT, AS SUCH, IF
LICENSEE IS ENTITLED TO ANY RELIEF FOR LICENSOR'S NEGLIGENCE, INCLUDING GROSS
NEGLIGENCE, FOR DAMAGE OR DESTRUCTION OF LICENSEE'S PERSONAL PROPERTY,
BUILDING(S), STRUCTURE(S) OR FIXTURE(S), THE TOTAL LIABILITY OF LICENSOR SHALL NOT
EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF
THIS AGREEMENT,
FURTHER, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CIRCUMSTANCES FOR
INJURY OR DAMAGE TO LICENSEE'S BUSINESS, IF ANY, INCLUDING, BUT NOT LIMITED TO,
LOSS OF PROFITS, LOSS OF RENTS OR OTHER EVENTS, LOSS OF BUSINESS OPPORTUNITY,
LOSS OF GOODWILL OR LOSS OF USE, IN EACH CASE, HOWEVER OCCURRING, RELATED TO
THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 32 SHALL EXPRSSLY SURVIVE THE
TERMINATION OR EXPIRATION OF THIS AGREEMENT,
33. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee
will not acquire any possessory interest, whether temporary, permanent, or otherwise by reason of this
Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such
interest and Licensee will not claim that it has or ever had an irrevocable license in the Property.
34. Waiver: Licensor shall not be deemed to waive any provision of this Agreement orally or
by conduct. Any waiver by Licensor of any provision of this Agreement must be in a writing signed by
Licensor. No waiver by Licensor of any provision shall be deemed a waiver of any other provision or of
any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval
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of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval
of any subsequent act by Licensee. Licensor's acceptance of payment after providing notice of
termination to Licensee shall not constitute a waiver of Licensor's termination of the Agreement.
35. Authority: This Agreement is executed subject to General Order No. 69-C of the Public
Utilities Commission of the State of California dated and effective July 10, 1985, incorporated by this
reference. As set forth in General Order 69-C, this License is made conditional upon the right of the
Licensor either on order of the Public Utilities Commission or on Grantor's own motion to resume the
use of that property (including, but not limited to the removal of any obstructions) whenever, in the
interest of Licensor's service to its patrons or consumers, it shall appear necessary or desirable to do so.
Licensee agrees to comply with all federal, state and local laws and regulations. This Agreement should
not be construed as a subordination of Licensor's rights, title and interest in and to its fee ownership,
nor should this Agreement be construed as a waiver of any of the provisions contained in said License
or a waiver of any costs of relocation of affected Licensor facilities.
36. Electric and Magnetic Fields ["EMF"): There are numerous sources of power frequency
electric and magnetic field ("EMF"), including household or building wiring, electrical appliances and
electric power transmission and distribution facilities. There have been numerous scientific studies
about the potential health effects of EMF. Interest in a potential link between long-term exposures to
EMF and certain diseases is based on this scientific research and public concerns.
While some 40 years of research have not established EMF as a health hazard, some health authorities
have identified magnetic field exposures as a possible human carcinogen. Many of the questions about
diseases have been successfully resolved due to an aggressive international research program. However,
potentially important public health questions remain about whether there is a link between EMF
exposures in homes or work and some diseases including childhood leukemia and a variety of other
adult diseases (e.g. adult cancers and miscarriages). While scientific research is continuing on a wide
range of questions relating to exposures at both work and in our communities, a quick resolution of the
remaining scientific uncertainties is not expected.
Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to Licensor
electric facilities, Licensor wants to share with Licensee and those who may enter the property under
this agreement, the information available about EMF. Accordingly, Licensor has attached to this
document a brochure that explains some basic facts about EMF and that describes Licensor policy on
EMF. Licensor also encourages Licensee to obtain other information as needed to assist in
understanding the EMF regarding the planned use of this property.
37. Induced Voltages: Licensee hereby acknowledges that any structures (including, but not
limited to, buildings, fences, light poles) that exist or may be constructed on the Property licensed herein,
(hereinafter, the "Structures") in close proximity to one or more high voltage (66 kilovolt or above) electric
transmission lines and/ or substation facilities may be susceptible to induced voltages, static voltages
and/ or related electric fault conditions (hereinafter collectively referred to as "Induced Voltages") unless
appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly
mitigated, Induced Voltages can cause a variety of safety and/or nuisance conditions including, but not
limited to, electric shocks or other injuries to individuals contacting the Structures or other utilities
connected to the Structures (including, but not limited to, natural gas lines, water lines or cable
television lines), or interference with or damage to sensitive electronic equipment in or around the
Structures. Measures to mitigate Induced Voltages, if required, will vary from case to case because of
factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of
Initial,__ __ _,/'---,__ __ ~
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(Formerly Contract No. L2 l 45)
electronic equipment. Licensee will be responsible to determine what Induced Voltages mitigation
measures should be undertaken regarding the Structures and to implement such mitigation measures
at its sole cost and expense.
Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save
harmless and indemnify Licensor, its parent, subsidiaries and affiliated entities and their respective
officers and employees against all claims, loss, damage, actions, causes of action, expenses and/or
liability arising from or growing out of loss or damage to property, including Licensor's own personal
property, or injury to or death of persons, including employees of Licensor caused by or resulting from
or connected to Induced Voltages on or related to the Structures.
38. Notices: All notices required to be given by either party shall be made in writing and
shall be deemed to have been given and received (a) when personally delivered, or delivered by same-
day courier; or (b) on the third business day after mailing by registered or certified mail, postage prepaid,
return receipt requested; or (c) upon delivery when sent by prepaid overnight express delivery service
(e.g., FedEx, UPS); or (d) when sent by email and upon the receipt by the sending party of written
confirmation by the receiving party. Notices shall be addressed as follows:
To Licensor:
To Licensee:
Southern California Edison Company
Real Properties Department
Land Management -Southern Region
2 Innovation Way
Pomona, CA 91768
Email: landuse@sce.com
City Of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Email: cgonzales@surfcity-hb.org
Business Telephone No. (714) 536-5495
Notice will be deemed effective on the third calendar day after mailing. A party will immediately notify
the other party in writing of any address change.
39. Recording: Licensee will not record this Agreement.
40. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions
and any appendix, addenda and exhibits attached hereto constitute the entire Agreement between the
parties. Any appendices, addenda and exhibits attached hereto are incorporated herein and made an
integral part hereof. This Agreement may not be modified, amended, contradicted, supplemented or
altered in any way by any previous written or oral agreements or any subsequent oral agreements or
unsigned written agreements. This Agreement may be modified or amended only by way of a writing
executed by both parties. In case any provision in this Agreement shall be deemed invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way
be affected or impaired thereby and such provision shall be ineffective only to the extent of such
invalidity, illegality or unenforceability.
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(Formerly Contract No. L2145)
41. Signature Authority: Each of the persons executing this Agreement warrants and
represents that he or she has the full and complete authority to enter into this Agreement on behalf of
the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms
contained herein.
42. Survival: Any provision of this Agreement that imposes an obligation after termination
or expiration of this Agreement shall survive the termination or expiration of this Agreement.
(THIS SPACE LEFT INTENTIONALLY BLANK)
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate.
REVIEWED AND APPROVED:
By ______________ _
TRAVIS HOPKINS, City Manager
Dat e
Re v9 2 0 23 -03-08 JR-KB
LICENSOR:
SOUTHERN CALIFORNIA EDISON COMPANY
By ________________ _
ADAN CANALES
Real Estate Specialist
Land Management -Southern Region
Real Prope rties
Date
LICENSEE:
CITY OF HUNTINGTON BEACH
By ________________ _
PAT BURNS, City Mayor
Date
By ________________ _
LISA LANE BARNES, City Clerk
Date
Date
Initial( ___ )/( ___ )( ___ .
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APPENDIX
Contract No. 9.3265
(Formerly Contract No. L2 l 45)
Guidelines for Standard Licensee Improvements
The following criteria are provided to aid in developing a conceptual plot plan to be submitted to
Southern California Edison Company herein after referred to as uLicensor" for consideration and
approval prior to the start of any construction on "Licensor" property.
Plans should be developed indicating the size and location of all planned improvements. The plan should
specify the dimensions of all planned improvements and the distance of all planned improvements from
property lines and all adjacent "Licensor" towers, poles, guy wires or other "Licensor" facilities.
The plan must show the locations of all "Licensor" towers and poles, 16-foot-wide access roads, main
water lines and water shut-off valves, electrical service lines and parking areas. All plans must indicate
adjacent streets and include a "north arrow" and the Licensee's name.
SHADE STRUCTURES
(Definition: A nonjlammable frame covered on the top with a material designed to provide shade to aid in
growing plants)
1. Shade structures must maintain minimum spacing of 50 feet between shade structure locations,
should be placed perpendicular to Licensor's overhead electrical conductors (wires) unless otherwise
approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height
2. Shade structures will not be permitted within the following areas reserved for Licensor's access:
a, Within 2 feet from edge of 16-foot-wide access roads
b. 50-foot radius around suspension tower legs, H-Frames, and poles
c. 100-foot radius around dead-end tower legs, H-Frames, and poles
d. 25-foot radius around anchors/ guy wires, poles, and wood poles
3, Shade structures must utilize the following design:
a. Temporary/ slip joint construction only
b. Non-flammable frame only
c. Adequately grounded in accordance with plans approved and stamped by a California
electrical engineer
d. Shade covering must be non-flammable and manufactured with non-hydrocarbon materials.
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SHADEHOUSES/HOTHOUSES
Contract No. 9.3265
(Formerly Contract No. L2145)
(Definition: A simple, non-flammable, enclosed structure designed to control temperature without the
benefit of heating and/ or air conditioning units to aid in propagating and/ or growing plants)
1. Shadehouses/hothouses must maintain minimum spacing of 50 feet between shadehouse/hothouse
locations, should be placed in perpendicular to Licensor's overhead electrical conductors (wires)
unless otherwise approved in writing by Licensor1 and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height
2. Shadehouses/hothouses will not be permitted within the following areas reserved for Licensor's
access:
a. Within 2 feet from edge of 16-foot-wide access roads
b. 50-foot radius around suspension tower legs, !-I-Frames, and poles
c. 100-foot radius around dead-end tower legs, !-I-Frames, and poles
d. 25-foot radius around anchors/guy wires, poles, and wood poles
3. Shadehouses/hothouses must utilize the following design:
a. Temporary/ slip joint construction only
b, Non-flammable frame only
c. Adequately grounded in accordance with plans approved and stamped by a California
electrical engineer
d. Covering must be non-flammable and manufactured with non-hydrocarbon materials
GREENHOUSES
(Definition: An enclosed structure designed to control temperature and/ or humidity by the use of heating
and/ or air conditioning units to aid in propagating and/ or growing plants)
Greenhouses will be considered on a case-by-case basis.
IRRIGATION SYSTEMS I WELLS
1. Maximum diameter of pipe: 3 inches
2. All pipes must be plastic Schedule 40 or better
3. No irrigation system will be permitted within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot-wide access roads
b. 50 -foot radius around suspension tower legs, H-Frames, and poles
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(Formerly Contract No. L2145)
c. 100-foot radius around dead-end tower legs, H-Frames, and poles
4. Sprinkler and drip irrigation controllers must be located at the edge of the right of way
5. Suitable identification markers will be required on main controllers and valves
6. Locations of main shut off valve will be provided and shown on a plot plan
7. Underground facilities must have a minimum cover of three feet
8. Earth disturbed must be compacted to ninety percent (90%)
LANDSCAPING
I. No trees will be permitted under the overhead electrical conductors or within 20 feet of the area
directly located under the outer circumference of the overhead conductors, which is commonly
known as the "drip line.'1
2. Trees must have slow to moderate growth, and must be of a variety that grows to a maximum height
of only 40 feet and must be maintained by the Licensee at a height not to exceed 15 feet
3. Placement of large rocks (boulders) must be approved in writing by Licensor
4. Any mounds or change of grade must be approved in writing by Licensor
5. No cactus or thorny shrubs will be permitted
6. Retaining walls, planters, etc. may be considered on a case-by-case basis and must be approved in
writing by Licensor
7. No crushed or freshly laid asphalt will be permitted
TRAILERS (Definition: Removable I portable office modules are not permitted without Licensor's prior
permission. Trailers must meet the following criteria to be considered: Trailers must meet the following
criteria:
a. Must have axles and wheel and be able to be moved
b. Maximum length: 40 feet
c. Maximum height: 15 feet
d. Maximum width: 12 feet
2. No trailers will be permitted within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot-wide access roads
b. SO-foot radius around suspension tower legs, H-Frames, and poles
c. 100-foot radius around dead-end tower legs, H-Frames, and poles
d. 25-foot radius around anchors/guy wires, poles, and wood poles
Initial '--~-ll'--~''----
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e. Under or within 10 feet of the conductor "drip lines"
Contract No. 9.3265
(Formerly Contract No. L2145)
3. Sewer or gas lines to trailers must be approved in writing by Licensor
4. Location of all electrical and telephone lines must be approved in writing by Licensor
5. Electrical lines must be installed by a licensed -general contractor.
6. Trailers shall not be used for residential purposes
7. Toxic or flammable materials will not be permitted in trailers
8. Adequately grounded in accordance with plans approved and stamped by a California electrical
engineer
PARKING AREAS
Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the
"drip lines" without Licensor's prior written approval. Parking spaces to be identified under the approved
site plan. "No Parking" striping may be required in areas where additional clearance is required.
MATERIAL STORAGE
1. If an emergency occurs, Licensee must immediately relocate all materials specified by Licensor to
provide Licensor clear access to its facilities.
2. Licensee must provide Licensor with a list of material stored on the right of way
3. No toxic or flammable materials will be permitted
4. No materials shall be stored within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot-wide access roads
b. 50 -foot radius around suspension tower legs, H-Frames, and poles
c. 100 -foot radius around dead-end tower legs, H-Frames, and poles
d. 25 feet from anchors/ guy wires, poles and wood poles
5. Storage of materials not to exceed a maximum height of 15 feet
6. No storage of gasoline, diesel or any other type of fuel will be permitted
7. Any fencing around the storage areas must have Licensor's prior written approval.
Initial 1------sl '---J <-----.
Licensor /Licensee
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TREES/LANDSCAPING
ADDENDUM
Contract No. 9.3265
(Formerly Contract No. L2 l 45)
A. Existing landscaping improvements (trees, plants, and shrubs) have been inspected and
approved by Licensor. This written approval may be modified and/or rescinded by Licensor for
any reason whatsoever.
B. At any time, Licensor may require Licensee to modify and/or remove any or all such previously
approved improvements at Licensee's risk and expense and without any compensation from
Licensor,
C. Licensee agrees and accepts full responsibility for the maintenance and/ or removal of all trees,
plants, and shrubs (vegetation) located on the property. All costs associated with the
maintenance and/or removal of trees/vegetation will be the sole burden of Licensee.
D. Periodically, the Property will be inspected by Licensor, and upon determination that any
tree/vegetation requires trimming or removal, Licensee will be notified by Licensor. Failure by
Licensee to trim or remove said tree/vegetation in the time allotted, that results in Licensor's
contractor performing the work, Licensee will be billed by Licensor for the contractor's expense;
and Licensee may be subject to termination under the terms and conditions of the Permit or
License.
E. Trees/vegetation must be slow growing and maintained by Licensee to not exceed fifteen (15) feet
in height.
F. Failure by Licensee to maintain all permit or license clearance requirements will require removal
at Licensee's expense.
G. Unless authorized in writing by Licensor, Licensee agrees not to plant any additional trees,
plants, or shrubs within the Property. If additional authorization is requested by Licensee and
prior written authorization is received by Licensor, no tree or plant species that is protected by
federal or state law shall be planted within Licensor's land and no cactus or thorny
shrubs/plants will be permitted.
H. Any improvements or alterations, including retaining walls, planters, placement of large rocks,
etc. and any mounds or changes of grade, require prior written approval by Licensor.
I. Licensee will keep the Property clean, free from weeds, rubbish and debris, and in a condition
satisfactory to Licensor.
J. Upon permit or license termination, Licensee agrees to remove all trees/vegetation and
improvements and restore the Property to a condition satisfactory to Licensor, at the sole expense
of Licensee.
Initial e-.----,/\-__ _,, ___ _,
Licensor /Licensee
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SCE Doc. 169068 Att,
PARK USE
ADDENDUM
Contract No. 9.3265
(Formerly Contract No. L2 l 45)
A. Licensee must obtain the prior written approval from Licensor for the installation of any
improvements, including any subsequent modifications, Licensee will maintain all improvements
in a safe condition satisfactory to Licensor.
B. At any time, Licensor may require the removal, modification, or relocation of any portion of the
improvements. Licensee will remove, modify, or relocate same, at its expense, to a location
satisfactory to Licensor within sixty (60) days after receiving notice to remove, modify, or relocate
from Licensor.
C. Licensee must submit, for Licensor's prior written approval, complete improvement plans,
including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, that
identify all existing and proposed improvements.
D. At Licensee's expense, Licensee will post signs at all access points to the Property that read: "No
Kite Flying, Model Airplanes, unmanned aerial vehicles (UAV's or Drones), or Metallic Balloons
Permitted, High Voltage Wires Overhead."
E. At Licensee's expense, Licensee will post signs at all access points of the Property that read: "No
Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted."
F. At Licensee's expense, Licensee will post signs at all access points of the Property that read:
11Dogs are required to be on leash at all times."
G. Licensee must close the park at any time Licensor deems it necessary for the safety of the general
public or for maintenance of Licensor's facilities. If it is necessary to close the park for a period
of more than three days, Licensee will notify the general public of the closure by posting at all
access points to the property.
H. At Licensee's expense, Licensee will install removable post-type barriers designed to
accommodate Licensor's locks, to prevent unauthorized vehicular use or parking, including but
not limited to 1 motorcycles1 off-road vehicles, and "all-terrain'' vehicles.
I. Trespass discouragers shall be installed on Licensor's towers. The discourager installation will
be performed by Licensor. Licensee shall pay Licensor in advance, for all Licensor's direct and
indirect costs associated with the engineering, purchase, and installation of the discouragers.
All towers shall be equipped with signs so worded as to warn the public of the danger of climbing
the towers. Such signs shall be placed and arranged so that they may be read from the four
corners of the structure. Such signs shall be neither less than 8 feet nor more than 20 feet above
the ground except where the lowest horizontal member of the tower or structure is more than 20
feet above the ground in which case the sign shall be not more than 30 feet above the ground.
J. Licensee must design and construct all walkways, underground sprinkler systems, lighting
facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three-axle
vehicle.
Initial '-_ _,/ '----H------'
Licensor /Licensee
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t,'
I
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. ,,
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SCE Tower
e Ed ison Pole
Measurements are approximate
Source: City of Huntington Beach G IS
ttl
76
CERTI FICATE NO. ISSUE DATE
GL2-62 A l I CERTIFICATE OF COVERAGE I 06/28/2024
Public Risk Innovation, 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 BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A
Solutions, and Management CONTRACT BETWEEN THE ISSUING INSURER(S}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE
CERTIFICATE HOLDER.
C/O ALLIANT INSURANCE SERVICES, IN C.
18100 VON KARMAN AVENUE, 10TH FLOOR IMPORTANT: If lhe certificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF SUBROGATION, the
IRVINE, CA 92612 Memorandums or Coverage must be endorsed. A statement on this certificate does not confer rights to the certificate holder
lieu or such endorsemenl(s}.
P HONE (949) 756-0271 / FAX (619) 699-090 1 COVERAGE LICENSE #0C36861 AFFORDED BY: A-Public Risk Innovation, Solutions, and Management
Member: COVERAGE B
CITY OF HUNTINGTON BEACH AFFORDED BY:
ATTN: DEANNA SORIA
2000 MAIN STREET COVERAGE C
HUNTINGTON BEACH, CA 92648 AFFORDED BY:
COVERAGE
AFFORDED BY: D
Coverages
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSU ED TO THE MEMBER NAMED ABOVE FOR THE PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOC UMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCL USIONS, AND CONDITIONS OF SUCH MEMORANDUMS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co TYPE OF COVERAGE MEMORANDUM/ COVERAGE EFFECTIVE COVERAGE EXPIRATION LIABILITY LIMITS
LTR POLICY# DATE DATE
A ~ Excess General Liability PRISM PE 24-GL2-25 07/01/2024 07/01/2025 Difference between $2,000,000 and
Member's Self-Insured Retention of 0 Excess Auto Liability $1,000,000 and/or applicable
additional member and pooled
layers of coverage
Completed Operations Aggregate
Applies
Program Aggregate Applies
Description of Operations/LocationsNehicles/Special Items:
AS RESPECTS AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND SOUTHERN CALIFORNIA EDISON (SCE) IN REGARDS TO
CONTRACT NUMBERS: 9.3265 (AREVALOS PARK, 9 .2 193 (EDISON PARK, 9.2475 (EDISON PARK), 9.2247 (GISLER PARK, 9.3920 (
HUNTINGTON BEACH COMMUNITY GARDEN), 9.5 163 (LANGENBACK PARK, AND 9.2480 (LEBARD PARK).
SOUTHERN CALIFORNIA EDISON (SCE), ITS AGENTS, OFFICERS, REPRESENTATIVES AND EMPLOYEES ARE INCLUDED AS ADDITIONAL
COVERED PARTIES, BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED.
Certificate Hold er Cancellation
SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED
SOUTHERN CALI FORNIA EDISON COMPANY(SCE) BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE
VEGETATION & LAND MANAGEMENT WITH THE MEMORANDUMS OF COVERAGE PROVISIONS.
LAND MANAGEMENT -SOUTHERN REGION AUTHORIZED REPRESENTATIVE 2 INNOVATION WAY
POMONA, CA 9 1768 ~►
Publlc Risk lnnovalion, Solutions, and Management PAGE 1 OF 2
77
ENDORSEMENT NO. U-1
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
GENERAL LIABLILITY 2
ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT
It is agreed that the 'Covered Party, Covered Persons or Entities" section of the Memorandum is amended
to include the person or organization named on the Certificate of Coverage, but only with respect to liability
arising out of premises owned by or rented to the Member, or operations performed by or on behalf of the
Member or such person or organization so designated.
Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of
Coverage or the minimum limits required by contract.
ADDITIONAL COVERED PARTY:
NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE
AS RESPECTS:
PER ATTACHED CERTIFICATE OF COVERAGE
It is further agreed that nothing herein shall act to increase PRISM's limit of liability.
This endorsement is part of the Memorandum and takes effect on the effective date of the
Memorandum unless another effective date is shown below. All other terms and conditions
remain unchanged.
Effective Date: Memorandum No.: PRISM 24 GL2-00
Issued to: ALL MEMBERS
Issue Date: June 28, 2024
A\iiri'orized Representative
Public Risk Innovation, Solutions, and Management PAGE2 OF2
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Legend
Measurements are approximateSource: City of Huntington Beach GIS
Edison Pole
"S SCE Tower
78
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-164 MEETING DATE:3/18/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Travis Hopkins, City Manager
VIA:Ashley Wysocki, Director of Community & Library Services
PREPARED BY:Carrie Gonzales, Management Aide
Subject:
Approve and authorize execution of a five-year (5) License Agreement with Southern
California Edison Company for use of 2.48 acres of land southeast of Atlanta Avenue and
Brookhurst Street to be used as a Community Garden
Statement of Issue:
The City Council is asked to approve a five-year (5) License Agreement between the City of
Huntington Beach (City) and Southern California Edison Company (SCE) for use of a 2.48-acre SCE
right-of-way for a community garden, southeast of Atlanta Avenue and Brookhurst Street, adjacent to
the Santa Ana River. The current agreement will expire November 30, 2025.
Financial Impact:
The annual payment is budgeted in the Park Development Impact Fund, account number
22845001.70300.
Recommended Action:
Approve the License Agreement with Southern California Edison Company for the use of the 2.48-
acre parcel to be used for the Huntington Beach Community Garden and authorize the Mayor and
City Clerk to execute any and all documents necessary to conclude this transaction.
Alternative Action(s):
Do not approve the license agreement and discontinue the use of this property as a community
garden.
Analysis:
On June 21, 2010, the City Council approved a community garden (HBCG) on SCE property at the
southeast corner of Atlanta Avenue and Brookhurst Street adjacent to the Santa Ana River. The City
has a Memorandum of Understanding (MOU) with the HBCG. The garden is operated by the HBCG,
a 501(c)(3) corporation, consisting of volunteers from the community with a city liaison from the
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File #:25-164 MEETING DATE:3/18/2025
Community & Library Services Department. The HBCG is responsible for funding improvements to
the site including bringing water to the site. They are also responsible to pay for all operating costs,
including water use per the conditions of the MOU. Given that the 2.48-acre parcel is owned by
SCE, a License Agreement between the City and SCE is required.
The License Agreement has been renewed for successive five-year terms since 2010. The current
License Agreement will expire on November 30, 2025. The proposed License Agreement would
commence December 1, 2025, and expire November 30, 2029. (Attachment 1). In exchange for the
use of the property, the City would pay an annual license fee in accordance with the fee schedule
below:
Term Year Due Yearly Amount Payment Due First Day of
First Year 2025 $846.66 December
Second Year 2026 $888.99 December
Third Year 2027 $933.44 December
Fourth Year 2028 $980.11 December
Fifth Year 2029 $1,029.12 December
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. License Agreement between Southern California Edison Company and City of Huntington
Beach for the Huntington Beach Community Garden - Contract No. 9.3920
2. SCE - Huntington Beach Community Garden Map
City of Huntington Beach Printed on 3/12/2025Page 2 of 2
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81
SCE Doc. 167039 Att.
CITY OF HUNTINGTON BEACH
Contract No. 9.3920
(Formerly Contract No. L2 l 45)
LICENSE A G R E E M E N T
INDEX OF ARTICLES
I. USE
2. TERM
3. CONSIDERATION
4. INSURANCE
5. LICENSOR'S USE OF THE PROPERTY
6. LICENSEE'S IMPROVEMENTS
7. LICENSEE'S PERSONAL PROPERTY
8. HEIGHT LIMITATIONS AND VERTICAL CLEARANCES
9. ACCESS AND CLEARANCES
10. PARKING
11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT)
12. FLAMMABLES, WASTE AND NUISANCES
13. PESTICIDES AND HERBICIDES
14. HAZARDOUS MATERIALS AND WASTE
15. SIGNS
16. FENCING AND EXISTING FIXTURES
17. PARKWAYS AND LANDSCAPING
18. IRRIGATION EQUIPMENT
19. UNDERGROUND TANKS
20. UNDERGROUND FACILITIES
21. UTILITIES
22. TAXES, ASSESSMENTS AND LIENS
23. EXPENSE
24. ASSIGNMENTS
25. COMPLIANCE WITH LAWS AND REGULATIONS
26. GOVERNING LAW
27. INDEMNIFICATION; ASSUMPTION OF RISK; RELEASE
28. TERMINATION
29. EVENTS OF DEFAULT
30. REMEDIES
31. LICENSEE'S PERSONAL PROPERTY UPON TERMINATION OR EXPIRATION
32. LIMITATION OF LIABILITY
33. NON-POSSESSORY INTEREST
34. WAIVER
35. AUTHORITY
Initial <------l/ ~--J ~---
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36, ELECTRIC AND MAGNETIC FIELDS
37. INDUCED VOLTAGES
38. NOTICES
39. RECORDING
40. COMPLETE AGREEMENT
41. SIGNATURE AUTHORITY
42. SURVIVAL
APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS
ADDENDUM{S)
TREES/LANDSCAPING
PARK USE
Contract No. 9.3920
(Formerly Contract No. L2145)
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SCE Doc. 167039 Att.
LICENSE AGREEMENT
Contract No. 9.3920
(Formerly Contract No. L2 l 45)
THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation
organized under the laws of the State of California, called "Licensor", and CITY OF HUNTINGTON
BEACH, called "Licensee";
WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the
terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby
give to Licensee the license to use that certain real property solely for the purpose hereinafter specified,
upon and subject to the terms, reservations, covenants and conditions hereinafter set forth, hereinafter
designated as "Property" on the Exhibit "A" attached hereto and made a part hereof, being all of Assessor's
Parcel Number 149131-02, situated in the City of Huntington Beach, County of Orange, State of
California, subject to any and all covenants, restrictions 1 reservations, exceptions, rights and easements,
whether or not of record.
Acknowledgment of License and Disclaimer of Tenancy
Licensee acknowledges and agrees that the License constitutes a limited, revocable, non-possessory,
personal and non-assignable privilege to use the Property solely for those permitted uses and activities
expressly identified in the Agreement (the "License Privilege"). Licensee further acknowledges and
agrees that:
• The consideration paid by Licensee pursuant to Article 3 of the Agreement is
consistent with the value of the rights comprising the License Privilege; the
consideration is not consistent with the higher market value for a greater right,
privilege or interest (such as a lease) in the Property or similarly situated parcels.
• Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or
leasehold in relation to the Property.
• The Agreement and/or any prior and/or future acts or omissions of Licensor shall
not create (or be construed as creating) a leasehold, tenancy or any other interest in
the Property.
• Licensor may terminate the License and revoke the License Privilege at any time,
subject, if applicable, to a notice period agreed upon by the parties, as more
particularly set forth in the Agreement.
• In consideration of Licensor's grant of the License, Licensee specifically and expressly
waives, releases and relinquishes any and all right(s) to assert any claim of right,
privilege or interest in the Property other than the License.
• Licensee further acknowledges and agrees that without the representations and
agreements set forth herein, Licensor would not enter into the Agreement.
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1. Use: Licensee will use the Property for park and public recreation purposes only.
Licensor makes no representation, covenant, warranty or promise that the Property, and any fixtures
thereon, are fit or suitable for any particular use, including the use for which this Agreement is made
and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee's use
of the property for any other purpose and/or failure to utilize the Property in accordance with this
License as determined by the Licensor in its sole discretion will be deemed a material default and
grounds for immediate termination of this Agreement in accordance with Articles 28 and/or 30.
2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect
for a term of five (5) years commencing on the first day of December, 2025 and ending on the last day of
November, 2030. Licensee acknowledges that this Agreement does not entitle Licensee to any
subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property,
the improvements Licensee places on or makes to the Property, or for any other reason,
3. Consideration: Licensee will pay to Licensor the sum of Eight Hundred Forty Six and
66/ 100 Dollars ($846.66) upon the execution and delivery of this Agreement with subsequent annual
payments as specified below. Payment to Licensor must be in the form of a check or money order payable
to Southern California Edison Company. No cash payments will be accepted by Licensor. Payment
schedule:
Year Term Yearly Payment Due
Amount First Dav Of
First Year 2025 $846.66 December
Second Year 2026 $888,99 December
Third Year 2027 $933.44 December
Fourth Year 2028 $980.11 December
Fifth Year 2029 $1,029.12 December
All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten
percent (10%) of the full amount that was due on said date. To the extent a payment is not made within
sixty (60) days, Licensor may increase the late fee to twenty percent (20%) of the full amount due.
Licensor shall further be entitled to any other costs associated with collection of the unpaid amounts.
All payments subsequent to the initial payment will be paid to the Southern California Edison Company,
Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting Department -
Accounts Receivable.
insurance:
4. Insurance: During the term of this Agreement, Licensee shall maintain the following
(a) Workers' Compensation with statutory limits, under the laws of the State of California
and Employer's Liability with limits of not less than $1,000,000.00 each accident,
disease/each employee, and disease/policy limit. Licensee shall require its insurer to
waive all rights of subrogation against Licensor, its officers, agents and employees, except
for any liability resulting from the willful or grossly negligent acts of the Licensor.
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(Formerly Contract No, L2145)
(b} Commercial General Liability Insurance, including contractual liability and products
liability, with limits not less than $1,000,000.00 per occurrence and $1,000,000.00 in
the aggregate, Such insurance shall: (i) name Licensor, its officers, agents and employees
as additional insureds, but only for Licensee's negligent acts or omissions; (ii) be primary
for all purposes and (iii) contain separation of insureds or cross-liability clause, and (iv)
require its insurer to waive all rights of subrogation against Licensor, its officers, agents
and employees, except for any liability resulting from the willful or grossly negligent acts
of the Licensor.
(c} Commercial Automobile Liabilitv insurance with a combined single limit of
$1,000,000.00. Such insurance shall cover the use of owned, non-owned and hired
vehicles on the Property,
The failure to maintain such insurance may be deemed by Licensor a material default of this Agreement
and grounds for immediate termination pursuant to Articles 28 and/or 30. Licensee shall provide
Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Article 38
"Notices", at least ten days prior to the effective date of this Agreement, and thereafter at least ten days
prior to each insurance renewal date, Licensee must provide Licensor at least thirty (30) days notice
before any such insurance will be canceled, allowed to expire, or materially reduced, However, in the
event insurance is canceled for the non-payment of a premium, Licensee must provide to Licensor at
least ten (10) days' prior written notice before the effective date of cancellation. The required insurance
policies shall be maintained with insurers reasonably satisfactory to Licensor and shall be primary and
non-contributory with any insurance or self-insurance maintained by Licensor.
5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns,
have the right to enter the Property, at all times, for any purpose, and the right to conduct any activity
on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in
compensation to Licensee for any damages whatsoever to personal property, structures, and/or crops
located on the Property, nor shall Licensee be entitled to any compensation for any loss of use of the
Property or a portion thereof, and/ or any related damages, as a result of Licensor's activities under this
Article.
6, Licensee's Improvements: Licensee must submit, for Licensor's prior written approval,
complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding,
and irrigation plans, -identifying all existing and proposed improvements, a minimum of sixty (60) days
prior to making any use of the Property. Licensee's conceptual plans for proposed improvements shall
be developed in accordance with the guidelines contained in the Appendix to this License. It is
understood and agreed that the general guidelines contained in the Appendix are intended to provide a
framework for the development of conceptual plans only; and that Licensor may modify or add to the
conditions contained in the Appendix hereto, based on individual site characteristics, Licensor's existing
or potential operating needs or Licensee's proposed use(s). Licensee must submit, for Licensor's prior
written approval plans for any modifications to such improvements. Written approval may be modified
and/ or rescinded by Licensor for any reason whatsoever.
To the extent Licensor reviews and/ or approves any improvement plans, Licensor is doing so only for
purposes of determining whether said improvements are compatible with Licensor's use of the Property.
Under no circumstances shall such review and/or approval be construed as a warranty, representation,
or promise that the Property is fit for the proposed improvements, or that said improvements comply
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(Formerly Contract No. L2145)
with any applicable city, state, or county building requirements, other legal requirements, or the
generally accepted standard of care.
At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved
improvements at Licensee's risk and expense and without compensation from Licensor. Licensor is not
required, at any time, to make any repairs, improvements, alterations, changes or additions of any
nature whatsoever to the Propertyand/ or any fixtures thereon. Licensee expressly aclmowledges that
any expenditures or improvements will in no way alter Licensor's right to terminate in accordance with
Articles 28, and/or 30.
7. Licensee's Personal Property: (i) Licensor grants Licensee permission to place Licensee's
personal property on the Property consistent with the use identified in Article 1 and other terms of this
Agreement. Such permission granted by Licensor shall be revoked upon the earlier of the termination
or expiration of this Agreement. All equipment and other property brought, placed or erected on the
Property by Licensee shall be and remain the property of Licensee, except as otherwise set forth herein.
Licensee shall be responsible for any damage to the Property and/or Licensor's personal property arising
out of Licensee's activities on the Property, including its use and/ or removal of Licensee's personal
property. Licensee further acknowledges and agrees that Licensor is not responsible for Licensee's
personal property during the effectiveness of this Agreement, or upon termination or expiration. Licensor
further assumes no duty or obligation to maintain or secure Licensee's personal property at any time.
(ii) Unless as specifically provided for in an Addendum to this Agreement, Licensee shall not store on
the Property, for a period longer than twenty-four (24) consecutive hours, any personal property owned
by a non-party to this Agreement.
Licensee will defend and indemnify Licensor, its directors, officers, agents, subcontractors, and
employees, and its successors and assigns, from any and all claims, loss, damage, actions, causes of
action, expenses and/or liability arising from the storage of, damage to, and/or loss of use of such non-
party's personal property.
8. Height Limitations and Vertical Clearances: Any equipment used by Licensee or its
agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as
to maintain minimum clearances from all overhead electrical conductors as designated in the table
below:
Vehicle/ Equipment Vertical Clearance
500kV 35 feet
220 kV-66kV 30 feet
<66kV /Distribution facilities) 25 feet
Telecom 18 feet
All trees and plants on the Property will be maintained by Licensee at a maximum height
of fifteen (15) feet. If requested by Licensor, Licensee will remove or relocate at Licensee's expense, any
tree and/or other planting.
9, Access and Horizontal Clearances: Licensee will provide Licensor with adequate access
to all of Licensor's facilities on the Property and at no time will there be any interference with the free
movement of Licensor's equipment, personnel, and materials over the Property. Licensor may require
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(Formerly Contract No. L2145)
Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen
(16) feet, with commercial driveway aprons and curb depressions capable of supporting a gross load of
forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on curves by
a distance equal to 400 /inside radius of curvature. All curves shall have a radius of not less than 50
feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by
Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain
the following minimum clearances:
a. A SO-foot-radius around suspension tower legs, H-Frames and poles and 100-foot
radius around dead-end tower legs, H-Frames and poles.
b. A 25-foot-radius around all other poles.
NOTE: Additional clearance may be required by Licensor for structures.
10, Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow
parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved
in a writing executed by Licensor,
11. Weeds, Brush, Rubbish and Debris (Weed Abatement): Licensee will keep the Property
clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor.
12. Flammables, Waste and Nuisances: Unless permitted by Licensor in writing, Licensee
will not, or allow others, to place, use, or store any flammable or combustible materials or waste
materials on the Property or commit any waste or damage to the Property or allow any to be done,
Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused
by any trespasser, dust, odor, flammable or waste materials, noise or other nuisance disturbances.
Licensee will not permit dogs on the Property.
13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be
made in accordance with all Federal, State, County and local laws. Licensee will dispose of all pesticides,
herbicides and any other toxic substances declared to be either a health or environmental hazard, and
all materials contaminated by such substances, including but not limited to, containers, clothing and
equipment, in the manner prescribed by law.
14. Hazardous Material and Waste: Licensee will not engage in, or permit any other party
to engage in, any activity on the Property that violates federal, state or local laws, rules or regulations
pertaining to the use, management, storage, or disposal of waste, including, but not limited to
hazardous, toxic or infectious materials. Unless permitted by Licensor in writing, Licensee will not, or
allow others to, place, use, or store any hazardous, toxic or infectious materials and/ or waste on the
Property. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and
its successors and assigns, harmless from all claims, loss, damage, actions, causes of action, expenses
and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as
defined by applicable laws or regulations, which may occur during and after the Agreement term, and
are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee.
15. Signs: Licensee must obtain written approval from Licensor prior to the construction or
placement of any sign, signboard or other form of outdoor advertising. Licensee shall within three (3)
days from the date on which the Licensee learns of the graffiti remove any signs containing graffiti or
shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to Licensor.
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Notwithstanding any other language in this Article, Licensee shall not advertise on any sign any product,
service, or good which is (i) not directly related to Licensee's use of the Property, (ii) offensive to the
public, or (iii) which Licensor, in its reasonable discretion, deems objectionable.
16. Fencing and Existing Fixtures: Licensor disclaims any and all express or implied
warranties for any fencing and/ or other fixtures affixed to the Property, and further disclaims any
liability arising from any disrepair of the same. Licensee may install fencing on the Property with prior
written approval from Licensor. Such fencing will include double drive gates, in locations specified by
Licensor, a minimum of twenty (20) feet in width and designed to accommodate separate Licensor and
Licensee locks. Licensee will maintain and repair all fencing and other fixtures affixed to the Property,
including any grounding of the same as deemed necessary by Licensor, in a manner acceptable to
Licensor. Grounding plans must be prepared and stamped by a licensed electrical engineer and
submitted to Licensor.
17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to
the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the Property
and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor.
18. Irrigation Equipment: Any irrigation equipment located on the Property prior to the
commencement of this Agreement, including but not limited to pipelines, well pumping equipment and
other structures, is the property of Licensor and will remain on and be surrendered with the Property
upon termination of this Agreement. Should Licensee desire to use the irrigation equipment, Licensee
will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense.
19. Underground and Above-Ground Tanks: Licensee will not install underground or above-
ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior
written approval in accordance with Article 6.
20. Underground Facilities: Any underground facilities must be approved by Licensor
pursuant to Article 6. Licensee must contact Dig Alert and comply with the applicable processes, policies
and/or procedures of Dig Alert, prior to any underground installation. Any underground facilities
installed or maintained by Licensee on the Property must have a minimum cover of three feet from the
top of the facility and be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle.
Licensee will compact any earth excavated to a compaction of ninety percent (90%). Licensee will
relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities.
21. Utilities: Licensee will pay all charges and assessments for, or in connection with, water,
electric current or other utilities which may be furnished to or used on the Property.
22. Taxes. Assessments and Liens: Licensee will pay all taxes and assessments which may
be levied upon any crops, personal property, and improvements, including but not limited to, buildings,
structures. and fixtures on the Property. Licensee will keep the Property free from all liens, including
but not limited to, mechanics liens and encumbrances by use or occupancy by Licensee, or any person
claiming under Licensee. If Licensee fails to pay the above-mentioned taxes, assessments or liens when
due, Licensor may pay the same and charge the amount to the Licensee. All accounts not paid within
thirty (30) days of the agreed upon due date will be charged a "late fee" on all amounts outstanding up
to the maximum rate allowed by law.
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23. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement.
All matters or things required by Licensee will be performed and paid for at the sole cost and expense of
Licensee, without obligation by Licensor to make payment or incur cost or expense for any such matters
or things.
24. Assignments: This Agreement is personal to Licensee, and Licensee will not assign,
transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so
will be void and confer no right on any third party.
25. Compliance with Laws and Regulations: Licensee will comply with all applicable federal,
state, county and local laws, all covenants, conditions and restrictions of record and all applicable
ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted
public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent
thereto. Licensee will obtain all permits and other governmental approvals required in connection with
Licensee's activities hereunder. Licensee shall also comply with the requirements of every addendum
attached hereto. Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and
employees1 and its successors and assigns, from and against all claims, loss, damage, actions, causes
of actions, expense and/ or liability arising from or resulting from any violation of this provision.
26. Governing Law: The existence, validity, construction, operation and effect of this
Agreement and all of its terms and provisions will be determined in accordance with the laws of the State
of California.
27. Indemnification; Assumption of Risk; Release: Licensee shall hold harmless, defend and
indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against
all claims, loss, damage, actions, causes of actions, expense and/ or liability arising from or growing out
of loss or damage to property, including that of Licensor, or injury to or death of persons, including
employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this
Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee.
Licensee agrees to assume all risk of loss by fire, flood, earthquake, theft, accident, or casualty of any
kind, which may affect the Property, any improvements constructed or installed thereon by Licensee,
Licensee's use of the Property, or exercise of the rights granted herein. Licensee releases and waives all
claims against Licensor and each of the indemnified parties for loss or damage caused by, arising out
of, or in any way connected with Licensor's or Licensee's use of the Property or the exercise of the rights
granted herein.
28. Termination: Licensor or Licensee may terminate this Agreement, at any time, for any
reason, upon thirty (30) days notice in writing. Additionally, Licensor may immediately terminate this
Agreement pursuant to Article 30. Termination does not release Licensee from any liability or obligation
(indemnity or othenvise) which Licensee may have incurred. Upon termination, Licensor may
immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum
rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate
Licensor for all the detriment proximately caused by Licensee's failure to perform its obligations under
this Agreement. Licensee's continued presence after termination shall be deemed a trespass. In the event
of a termination for any reason other than non-payment of the License fee, Licensor shall refund any
previously collected/pre-paid License fees covering the unused portion of the remaining term, to the
extent such fees exceed any offset claimed by Licensor under the Agreement
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29. Events of Default: In addition to material defaults otherwise described herein, the
occurrence of any of the following shall constitute a material default and breach of this Agreement by
Licensee:
(a) Any failure by Licensee to pay the consideration due under Article 3, or to make any
other payment required to be made by Licensee when due.
(b) The abandonment or vacating of the Property by Licensee.
(c) Any attempted assignment or subletting of this Agreement by Licensee in violation of
Article 24.
(d) The violation by Licensee of any resolution 1 ordinance, statute, code, regulation or other
rule of any governmental agency applicable to Licensee's activities under this Agreement.
(e) Any attempt to exclude Licensor from the licensed premises.
(f) The making by Licensee of any general assignment for the benefit of creditors; the
appointment of a receiver to take possession of substantially all of Licensee's assets
located on the Property or of Licensee's privileges hereunder where possession is not
restored to Licensee within five (5) days; the attachment, execution or other judicial
seizure of substantially all of Licensee's assets located on the Property or of Licensee's
privileges hereunder, where such seizure is not discharged within five (5) days.
(g) Any case, proceeding or other action brought against Licensee seeking any of the relief
mentioned in "clause f' of this Article which has not been stayed or dismissed within
thirty (30) days after the commencement thereof.
(h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the
Property.
(i) With respect to items not otherwise listed in Article 29.a-h, the failure by Licensee to
observe and perform any other provision of this Agreement to be observed or performed
by Licensee. Licensor shall provide written notice of such failure and Licensee shall be
considered in material default where such failure continues for a total of ten ( 10) or more
consecutive days from the date of the notice. Further, with respect to items not otherwise
listed in Article 29.a-h, Licensee shall be considered in material default should Licensee
fail to observe or perform any other provision of this Agreement for more than fifteen (15)
days during the entire Term of the Agreement in the aggregate, after Licensor provides an
initial written notice of such failure. After providing initial notice under this provision,
Licensor will not be required to provide any subsequent notice of breach of this
Agreement.
30. Remedies: Notwithstanding the notice requirement in Article 28, in the event of any
material default by Licensee, then in addition to any other remedies available to Licensor at law or in
equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee
hereunder by giving written notice of such immediate termination to Licensee.
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31. Licensee's Personal Property Upon Termination or Expiration: In the event that this
Agreement is terminated, whether termination is effected pursuant to Article 28 and/or 30, or in the
event this Agreement expires pursuant to Article 2, Licensee shall 1 at Licensee's sole cost and expense
and prior to the earlier of the effective termination date or expiration date, remove all weeds, debris, and
waste from the Property and peaceably quit, surrender and restore the licensed Property to the condition
it was in prior to the Licensee1s use of the Property, in a manner satisfactory to Licensor.
If Licensee fails or refuses to remove any of Licensee's personal property, building(s), fixture(s) or
structure(s) from the Property prior to the earlier of the termination date or expiration date, said personal
property, building(s), fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the
Licensor shall have the right, but not the obligation, to remove, destroy, sell or otherwise dispose of them
with no further notice to Licensee. Licensor shall not be required to seek and/or obtain judicial relief
(including, but not limited to, the filing of an unlawful detainer action), nor shall Licensor be responsible
for the value of Licensee's personal property.
Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by
Licensor related to (i) the removal, disposal or sale of Licensee's personal property, building(s), fixture(s)
or structure(s), (ii), the removal of any waste, weeds, or debris on the Property, (iii) environmental studies
and environmental remediation and/or cleanup attributable to Licensee's use of the Property, and (iv)
the restoration of the Property to the condition it was in prior to Licensor's initial use of the Property.
Licensee agrees to pay such expenses to Licensor upon demand,
32. Limitation of Liability:
IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3,
WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR, LICENSEE
AGREES TO LIMIT LICENSOR'S LIABILITY PURSUANT TO THIS AGREEMENT, AS SUCH, IF
LICENSEE IS ENTITLED TO ANY RELIEF FOR LICENSOR'S NEGLIGENCE, INCLUDING GROSS
NEGLIGENCE, FOR DAMAGE OR DESTRUCTION OF LICENSEE'S PERSONAL PROPERTY,
BUILDING(S), STRUCTURE(S) OR FIXTURE(S), THE TOTAL LIABILITY OF LICENSOR SHALL NOT
EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF
THIS AGREEMENT,
FURTHER, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CIRCUMSTANCES FOR
INJURY OR DAMAGE TO LICENSEE'S BUSINESS, IF ANY, INCLUDING, BUT NOT LIMITED TO,
LOSS OF PROFITS, LOSS OF RENTS OR OTHER EVENTS, LOSS OF BUSINESS OPPORTUNITY,
LOSS OF GOODWILL OR LOSS OF USE, IN EACH CASE, HOWEVER OCCURRING, RELATED TO
THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 32 SHALL EXPRSSLY SURVIVE THE
TERMINATION OR EXPIRATION OF THIS AGREEMENT.
33. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee
will not acquire any possessory interest, whether temporary, permanent, or otherwise by reason of this
Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such
interest and Licensee will not claim that it has or ever had an irrevocable license in the Property.
34. Waiver: Licensor shall not be deemed to waive any provision of this Agreement orally or
by conduct. Any waiver by Licensor of any provision of this Agreement must be in a writing signed by
Licensor. No waiver by Licensor of any provision shall be deemed a waiver of any other provision or of
any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval
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of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval
of any subsequent act by Licensee. Licensor's acceptance of payment after providing notice of
termination to Licensee shall not constitute a waiver of Licensor's termination of the Agreement.
35. Authority: This Agreement is executed subject to General Order No. 69-C of the Public
Utilities Commission of the State of California dated and effective July 10, 1985, incorporated by this
reference. As set forth in General Order 69-C, this License is made conditional upon the right of the
Licensor either on order of the Public Utilities Commission or on Grantor's own motion to resume the
use of that property (including, but not limited to the removal of any obstructions) whenever, in the
interest of Licensor's service to its patrons or consumers, it shall appear necessary or desirable to do so.
Licensee agrees to comply with all federal, state and local laws and regulations. This Agreement should
not be construed as a subordination of Licensor's rights, title and interest in and to its fee ownership,
nor should this Agreement be construed as a waiver of any of the provisions contained in said License
or a waiver of any costs of relocation of affected Licensor facilities.
36. Electric and Magnetic Fields ("EMF"): There are numerous sources of power frequency
electric and magnetic field ("EMF"), including household or building wiring, electrical appliances and
electric power transmission and distribution facilities. There have been numerous scientific studies
about the potential health effects of EMF. Interest in a potential link between long-term exposures to
EMF and certain diseases is based on this scientific research and public concerns.
While some 40 years of research have not established EMF as a health hazard, some health authorities
have identified magnetic field exposures as a possible human carcinogen. Many of the questions about
diseases have been successfully resolved due to an aggressive international research program. However,
potentially important public health questions remain about whether there is a link between EMF
exposures in homes or work and some diseases including childhood leukemia and a variety of other
adult diseases (e.g. adult cancers and miscarriages). While scientific research is continuing on a wide
range of questions relating to exposures at both work and in our communities, a quick resolution of the
remaining scientific uncertainties is not expected.
Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to Licensor
electric facilities, Licensor wants to share with Licensee and those who may enter the property under
this agreement, the information available about EMF. Accordingly, Licensor has attached to this
document a brochure that explains some basic facts about EMF and that describes Licensor policy on
EMF. Licensor also encourages Licensee to obtain other information as needed to assist in
understanding the EMF regarding the planned use of this property.
37. Induced Voltages: Licensee hereby acknowledges that any structures (including, but not
limited to, buildings, fences, light poles) that exist or may be constructed on the Property licensed herein,
(hereinafter, the "Structures") in close proximity to one or more high voltage (66 kilovolt or above) electric
transmission lines and/ or substation facilities may be susceptible to induced voltages, static voltages
and/or related electric fault conditions (hereinafter collectively referred to as "Induced Voltages") unless
appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly
mitigated, Induced Voltages can cause a variety of safety and/or nuisance conditions including, but not
limited to, electric shocks or other injuries to individuals contacting the Structures or other utilities
connected to the Structures (including, but not limited to, natural gas lines, water lines or cable
television lines), or interference with or damage to sensitive electronic equipment in or around the
Structures. Measures to mitigate Induced Voltages, if required, will vary from case to case because of
factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of
Initial 1-----__ )/,__ __ ,1-__ _
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electronic equipment. Licensee will be responsible to determine what Induced Voltages mitigation
measures should be undertaken regarding the Structures and to implement such mitigation measures
at its sole cost and expense.
Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save
harmless and indemnify Licensor, its parent, subsidiaries and affiliated entities and their respective
officers and employees against all claims, loss, damage, actions, causes of action, expenses and/ or
liability arising from or growing out of loss or damage to property, including Licensor1s own personal
property, or injury to or death of persons, including employees of Licensor caused by or resulting from
or connected to Induced Voltages on or related to the Structures.
38. Notices: All notices required to be given by either party shall be made in writing and
shall be deemed to have been given and received (a) when personally delivered, or delivered by same-
day courier; or (b) on the third business day after mailing by registered or certified mail, postage prepaid,
return receipt requested; or (c) upon delivery when sent by prepaid overnight express delivery service
(e.g., FedEx, UPS); or (d) when sent by email and upon the receipt by the sending party of written
confirmation by the receiving party. Notices shall be addressed as follows:
To Licensor:
To Licensee:
Southern California Edison Company
Real Properties Department
Land Management -Southern Region
2 Innovation Way
Pomona, CA 91768
Email: landuse@sce.com
City Of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Email: cgonzales@surfcity-hb.org
Business Telephone No. (714) 536-5495
Notice will be deemed effective on the third calendar day after mailing. A party will immediately notify
the other party in writing of any address change.
39. Recording: Licensee will not record this Agreement.
40. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions
and any appendix, addenda and exhibits attached hereto constitute the entire Agreement between the
parties. Any appendices, addenda and exhibits attached hereto are incorporated herein and made an
integral part hereof. This Agreement may not be modified, amended, contradicted, supplemented or
altered in any way by any previous written or oral agreements or any subsequent oral agreements or
unsigned written agreements. This Agreement may be modified or amended only by way of a writing
executed by both parties. In case any provision in this Agreement shall be deemed invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way
be affected or impaired thereby and such provision shall be ineffective only to the extent of such
invalidity, illegality or unenforceability.
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41. Signature Authority: Each of the persons executing this Agreement warrants and
represents that he or she has the full and complete authority to enter into this Agreement on behalf of
the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms
contained herein.
42. Survival: Any provision of this Agreement that imposes an obligation after termination
or expiration of this Agreement shall survive the termination or expiration of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate.
REVIEWED AND APPROVED:
By _______________ _
TRAVIS HOPKINS, City Manager
Date
Rev9 202 3 -03-08 JR-KB
LICENSOR:
SOUTHERN CALIFORNIA EDISON COMPANY
By ________________ _
ADAN CANALES
Real Estate Specialist
Land Management -Southern Region
Real Properties
Date
LICENSEE:
CITY OF HUNTINGTON BEACH
By _________________ _
PAT BURNS, City Mayor
Date
By ________________ _
LISA LANE BARNES, City Clerk
Date
IGLIOTTA, City Attorney
Date
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APPENDIX
Contract No. 9.3920
(Formerly Contract No. L2 l 45)
Guidelines for Standard Licensee Improvements
The following criteria are provided to aid in developing a conceptual plot plan to be submitted to
Southern California Edison Company herein after referred to as 11 Licensoru for consideration and
approval prior to the start of any construction on nLicensor" property.
Plans should be developed indicating the size and location of all planned improvements. The plan should
specify the dimensions of all planned improvements and the distance of all planned improvements from
property lines and all adjacent ((Licensor" towers, poles, guy wires or other "Licensor" facilities.
The plan must show the locations of all "Licensor,, towers and poles, 16-foot-wide access roads, main
water lines and water shut-off valves, electrical service lines and parking areas. All plans must indicate
adjacent streets and include a 1'north arrow'' and the Licensee's name.
SHADE STRUCTURES
(Definition: A non-flammable frame covered on the top with a material designed to provide shade to aid in
growing plants)
I. Shade structures must maintain minimum spacing of 50 feet between shade structure locations,
should be placed perpendicular to Licensor's overhead electrical conductors (wires) unless othenvise
approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height
2. Shade structures will not be permitted within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot-wide access roads
b. 50-foot radius around suspension tower legs, H-Frames, and poles
c, 100-foot radius around dead-end tower legs, H-Frames, and poles
d. 25-foot radius around anchors/ guy wires, poles, and wood poles
3. Shade structures must utilize the following design:
a. Temporary/ slip joint construction only
b. Non-flammable frame only
c. Adequately grounded in accordance with plans approved and stamped by a California
electrical engineer
d. Shade covering must be non-flammable and manufactured with non-hydrocarbon materials.
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SHADEHOUSES/HOTHOUSES
Contract No. 9.3920
(Formerly Contract No. L2 l 45)
(Definition: A simple, non-flammable, enclosed structure designed to control temperature without the
benefit of heating and/ or air conditioning units to aid in propagating and/ or growing plants)
1. Shadehouses/hothouses must maintain minimum spacing of 50 feet between shadehouse/hothouse
locations, should be placed in perpendicular to Licensor's overhead electrical conductors (wires)
unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a, 100 feet in length
b. 50 feet in width
c. 15 feet in height
2. Shadehouses/hothouses ""11 not be permitted within the following areas reserved for Licensor's
access:
a. Within 2 feet from edge of 16-foot-wide access roads
b. 50-foot radius around suspension tower legs, H-Frames, and poles
c. 100-foot radius around dead-end tower legs, H-Frames, and poles
d. 25-foot radius around anchors/guy wires, poles, and wood poles
3. Shadehouses/hothouses must utilize the follo\\"ng design:
a, Temporary/ slip joint construction only
b. Non-flammable frame only
c. Adequately grounded in accordance with plans approved and stamped by a California
electrical engineer
d, Covering must be non-flammable and manufactured with non-hydrocarbon materials
GREENHOUSES
(Definition: An enclosed structure designed to control temperature and/ or humidity by the use of heating
and/ or air conditioning units to aid in propagating and/ or growing plants)
Greenhouses will be considered on a case-by-case basis.
IRRIGATION SYSTEMS / WELLS
1. Maximum diameter of pipe: 3 inches
2. All pipes must be plastic Schedule 40 or better
3. No irrigation system will be permitted within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot-wide access roads
b. 50 -foot radius around suspension tower legs 1 H-Frames, and poles
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c. 100-foot radius around dead-end tower legs, H-Frames, and poles
4. Sprinkler and drip irrigation controllers must be located at the edge of the right of way
5. Suitable identification markers will be required on main controllers and valves
6. Locations of main shut off valve will be provided and shown on a plot plan
7. Underground facilities must have a minimum cover of three feet
8. Earth disturbed must be compacted to ninety percent (90%)
LANDSCAPING
l. No trees will be permitted under the overhead electrical conductors or within 20 feet of the area
directly located under the outer circumference of the overhead conductors, which is commonly
known as the "drip line."
2. Trees must have slow to moderate growth, and must be of a variety that grows to a maximum height
of only 40 feet and must be maintained by the Licensee at a height not to exceed 15 feet
3. Placement of large rocks (boulders) must be approved in writing by Licensor
4. Any mounds or change of grade must be approved in writing by Licensor
5. No cactus or thorny shrubs will be permitted
6. Retaining walls, planters, etc. may be considered on a case-by-case basis and must be approved in
writing by Licensor
7. No crushed or freshly laid asphalt will be permitted
TRAILERS (Definition: Removable I portable office modules are not permitted without Licensor's prior
permission. Trailers must meet the following criteria to be considered: Trailers must meet the following
criteria:
a. Must have axles and wheel and be able to be moved
b. Maximum length: 40 feet
c. Maximum height: 15 feet
d. Maximum width: 12 feet
2. No trailers will be permitted within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot-wide access roads
b. 50-foot radius around suspension tower legs, H-Frames, and poles
c. 100-foot radius around dead-end tower legs, H-Frames, and poles
d. 25-foot radius around anchors/guy wires, poles, and wood poles
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e. Under or ,vithin 10 feet of the conductor "drip lines,,
Contract No. 9.3920
(Formerly Contract No. L2 l 45)
3. Sewer or gas lines to trailers must be approved in writing by Licensor
4. Location of all electrical and telephone lines must be approved in writing by Licensor
5, Electrical lines must be installed by a licensed -general contractor.
6. Trailers shall not be used for residential purposes
7. Toxic or flammable materials will not be permitted in trailers
8. Adequately grounded in accordance with plans approved and stamped by a California electrical
engineer
PARKING AREAS
Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the
"drip lines)' without Licensor's prior written approval. Parking spaces to be identified under the approved
site plan. "No Parking" striping may be required in areas where additional clearance is required.
MATERIAL STORAGE
1. If an emergency occurs, Licensee must immediately relocate all materials specified by Licensor to
provide Licensor clear access to its facilities.
2. Licensee must provide Licensor with a list of material stored on the right of way
3. No toxic or flammable materials will be permitted
4. No materials shall be stored within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot-wide access roads
b. 50 -foot radius around suspension tower legs, H-Frames, and poles
c. 100 -foot radius around dead-end tower legs, H-Frames, and poles
d. 25 feet from anchors/ guy wires, poles and wood poles
5. Storage of materials not to exceed a maximum height of 15 feet
6. No storage of gasoline, diesel or any other type of fuel will be permitted
7. Any fencing around the storage areas must have Licensor's prior written approval,
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TREES/LANDSCAPING
ADDENDUM
Contract No. 9.3920
(Formerly Contract No. L2145)
A. Existing landscaping improvements (trees, plants, and shrubs) have been inspected and
approved by Licensor. This written approval may be modified and/or rescinded by Licensor for
any reason whatsoever.
B. At any time, Licensor may require Licensee to modify and/ or remove any or all such previously
approved improvements at Licensee's risk and expense and without any compensation from
Licensor.
C. Licensee agrees and accepts full responsibility for the maintenance and/or removal of all trees,
plants, and shrubs (vegetation) located on the property. All costs associated with the
maintenance and/or removal of trees/vegetation will be the sole burden of Licensee.
D. Periodically, the Property will be inspected by Licensor, and upon determination that any
tree/vegetation requires trimming or removal, Licensee will be notified by Licensor. Failure by
Licensee to trim or remove said tree/vegetation in the time allotted, that results in Licensor's
contractor performing the work, Licensee will be billed by Licensor for the contractor's expense;
and Licensee may be subject to termination under the terms and conditions of the Permit or
License.
E. Trees/vegetation must be slow growing and maintained by Licensee to not exceed fifteen (15) feet
in height.
F. Failure by Licensee to maintain all permit or license clearance requirements will require removal
at Licensee's expense.
G. Unless authorized in writing by Licensor, Licensee agrees not to plant any additional trees,
plants, or shrubs within the Property. If additional authorization is requested by Licensee and
prior written authorization is received by Licensor, no tree or plant species that is protected by
federal or state law shall be planted within Licensor's land and no cactus or thorny
shrubs/plants will be permitted.
H. Any improvements or alterations, including retaining walls, planters, placement of large rocks,
etc. and any mounds or changes of grade, require prior written approval by Licensor.
I. Licensee will keep the Property clean, free from weeds, rubbish and debris, and in a condition
satisfactory to Licensor.
J. Upon permit or license termination, Licensee agrees to remove all trees/vegetation and
improvements and restore the Property to a condition satisfactory to Licensor, at the sole expense
of Licensee.
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SCE Doc. 167039 Att.
PARK USE
ADDENDUM
Contract No. 9.3920
(Formerly Contract No. L2145)
A. Licensee must obtain the prior written approval from Licensor for the installation of any
improvements, including any subsequent modifications, Licensee will maintain all improvements
in a safe condition satisfactory to Licensor.
B. At any time, Licensor may require the removal, modification, or relocation of any portion of the
improvements. Licensee will remove, modify, or relocate same, at its expense, to a location
satisfactory to Licensor within sixty (60) days after receiving notice to remove, modify, or relocate
from Licensor.
C. Licensee must submit, for Licensor's prior written approval, complete improvement plans,
including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, that
identify all existing and proposed improvements.
D. At Licensee's expense, Licensee ·will post signs at all access points to the Property that read: "No
Kite Flying, Model Airplanes, unmanned aerial vehicles (UAV's or Drones), or Metallic Balloons
Permitted, High Voltage Wires Overhead."
E. At Licensee's expense, Licensee will post signs at all access points of the Property that read: "No
Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted."
F. At Licensee's expense, Licensee will post signs at all access points of the Property that read:
11 Dogs are required to be on leash at all times."
G. Licensee must close the park at any time Licensor deems it necessary for the safety of the general
public or for maintenance of Licensor's facilities. If it is necessary to close the park for a period
of more than three days, Licensee will notify the general public of the closure by posting at all
access points to the property.
H. At Licensee's expense, Licensee \\@ install removable post-type barriers designed to
accommodate Licensor's locks, to prevent unauthorized vehicular use or parking, including but
not limited to, motorcycles, off-road vehicles1 and "all-terrain" vehicles.
I. Trespass discouragers shall be installed on Licensor's towers. The discourager installation will
be performed by Licensor. Licensee shall pay Licensor in advance, for all Licensor's direct and
indirect costs associated with the engineering, purchase, and installation of the discouragers.
All towers shall be equipped with signs so worded as to warn the public of the danger of climbing
the towers. Such signs shall be placed and arranged so that they may be read from the four
corners of the structure. Such signs shall be neither less than 8 feet nor more than 20 feet above
the ground except where the lowest horizontal member of the tower or structure is more than 20
feet above the ground in which case the sign shall be not more than 30 feet above the ground.
J. Licensee must design and construct all walkways, underground sprinkler systems, lighting
facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three-axle
vehicle.
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102
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CERTIFICATE NO. ISSUE DATE
GL2-62 Al I CERTIFICATE OF COVERAGE I 06/28/2024
Public Risk Innovation, THIS CERTIFICATE IS ISSUED ASA 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 BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A
Solutions, and Management CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE
CERTIFICATE HOLDER.
C/O ALLIANT INSURANCE SERVICES, INC.
18100 VON KARMAN AVENUE, 10TH FLOOR IMPORTANT: If the certificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF SUBROGATION, the
IRVINE, CA 92612 Memorandums of Coverage must be endorsed. A statement on this certificate does not confer rights to the certificate holder
lieu or such endorsement(s).
PHONE (949) 756-0271 / FAX (619) 699-0901
COVERAGE LICENSE #0C36861 AFFORDED BY: A-Public Risk Innovation, Solutions, and Management
Member: COVERAGE B
CITY OF HUNTINGTON BEACH AFFORDED BY:
ATTN: DEANNA SORIA
2000 MAIN STREET COVERAGE C
HUNTINGTON BEACH, CA 92648 AFFORDED BY:
COVERAGE D AFFORDED BY:
Coverages
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LI STED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, T ERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE IS SUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co TYPE OF COVERAGE MEMORANDUM/ COVERAGE EFFECTIVE COVERAGE EXPIRATION LIABILITY LIMITS
LTR POLICY# DATE DATE
A ~ Excess General Liability PRISM PE 24-GL2-25 07/01/2024 07/01/2025 Difference between $2,000,000 and
Membe(s Self-Insured Retention of
~ Excess Auto Liability $1,000,000"and/or applicable
additional member and pooled
layers of coverage
Completed Operations Aggregate
Applies
Program Aggregate Applies
Description of Operations/LocationsNehicles/Special Items:
AS RESPECTS AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND SOUTHERN CALIFORNIA EDISON (SCE) IN REGARDS TO
CONTRACT NUMBERS: 9.3265 (AREVALOS PARK, 9.2193 (EDISON PARK, 9.2475 (EDISON PARK), 9.2247 (GISLER PARK, 9.3920 (
HUNTINGTON BEACH COMMUNITY GARDEN), 9.5163 (LANGENBACK PARK, AND 9.2480 (LEBARD PARK).
SOUTHERN CALIFORNIA ED ISON (SCE), ITS AGENTS, OFFICERS, REPRESENTATIVES AND EMPLOYEES ARE INCLUDED AS ADDITIONAL
COVERED PARTIES, BUT ONLY INSOFAR AS THE OPERATIONS UNDER T HI S CONTRACT ARE CONCERN ED.
Certificate Holder Cancellation
SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED
SOUTHERN CALIFORNIA EDISON COMPANY(SCE) BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE
VEGETATION & LAND MANAGEMENT
WITH THE MEMORANDUMS OF COVERAGE PROVISIONS.
LAND MANAGEMENT • SOUTHERN REGION !AUTHORIZED REPRESENTATIVE 2 INNOVATION WAY
POMONA, CA 91768 ~►
Public Risk lmovalion, Solutions, and Management PAGE 1 OF 2
104
ENDORSEMENT NO. U-1
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
GENERAL LIABLILITY 2
ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT
It is agreed that the 'Covered Party. Covered Persons or Entities" section of the Memorandum is amended
to include the person or organization named on the Certificate of Coverage, but only with respect to liability
arising out of premises owned by or rented to the Member. or operations performed by or on behalf of the
Member or such person or organization so designated.
Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of
Coverage or the minimum limits required by contract.
ADDITIONAL COVERED PARTY:
NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE
AS RESPECTS:
PER ATTACHED CERTIFICATE OF COVERAGE
It is further agreed that nothing herein shall act to increase PRISM's limit of liability.
This endorsement is part of the Memorandum and takes effect on the effective date of the
Memorandum unless another effective date is shown below. All other terms and conditions
remain unchanged.
Effective Date: Memorandum No.: PRISM 24 GL2-00
Issued to: ALL MEMBERS
Issue Date: June 28, 2024
A\rtizorized Representative
Public Risk Innovation, Solutions, and Management PAGE2 OF 2
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Legend
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-138 MEETING DATE:3/18/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Travis Hopkins, City Manager
VIA:Jennifer Villasenor, Director of Community Development
PREPARED BY:Patty Malagon, Associate Planner
Subject:
Consider and direct staff to forward the 2024 Housing Element Annual Progress Report to the
California Department of Housing and Community Development and the Governor’s Office of
Land Use and Climate Innovation (formerly the Office of Planning and Research)
Statement of Issue:
State law requires cities and counties to prepare a Housing Element Annual Progress Report (APR)
to track progress made on their respective Housing Element implementation efforts. The APR is due
to the California Department of Housing and Community Development (HCD) and Governor’s Office
of Land Use and Climate (formerly the Office of Planning and Research) by April 1 every year to
provide data on the prior calendar year. City staff has prepared Huntington Beach’s APR for calendar
year 2024 for the City Council’s consideration. Pursuant to Government Code Section 65913.4(4)(a),
proposed housing developments are entitled to SB 35 streamlining (ministerial approval) if the City
fails to submit the APR by the April 1 deadline for two consecutive years.
Financial Impact:
There is no financial impact to filing the APR.
Recommended Action:
Approve the 2024 Housing Element Annual Progress Report, and direct staff to submit the 2024
Housing Element APR to the California Department of Housing and Community Development and
Governor’s Office of Land Use and Climate Innovation (formerly the Office of Planning and
Research)
Alternative Action(s):
Do not approve the 2024 Housing Element Progress Report, and direct staff accordingly. Pursuant to
Government Code Section 65913.4(4)(a), proposed housing developments are entitled to SB 35
streamlining (ministerial approval) if the City fails to submit the APR by the April 1 deadline for two
consecutive years.
City of Huntington Beach Printed on 3/12/2025Page 1 of 2
powered by Legistar™
106
File #:25-138 MEETING DATE:3/18/2025
Analysis:
The Housing Element APR represents a state-mandated report that details the City’s progress
implementing the Housing Element in a given year. The APR lists entitlements received for housing
projects, building permits issued, and associated affordability of the new units for the 2024 calendar
year.
In 2024, the City issued building permits for the construction of 59 market rate (above moderate
income) housing units, 39 moderate income units, 50 low income units, and 29 very low income
units. In 2024, the City issued permits to construct 115 Accessory Dwelling Units (ADU). ADU
affordability is based on a HCD approved survey conducted by Southern California Association of
Governments (SCAG) for use by SCAG jurisdictions. As such, ADUs contributed to meeting all of the
very low and low income RHNA units produced in 2024.
Staff has prepared the report utilizing the forms adopted by HCD in accordance with the California
Code of Regulations. A copy of the report is provided as Attachment No. 1. Upon approval by City
Council, staff would submit the APR to HCD and LCI, as required under Section 65400 of the
California Government Code.
Environmental Status:
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:
Goal 5 - Housing, Strategy A - Take action to maintain local control of land-use planning.
Attachment(s):
1. 2024 Housing Element Annual Progress Report
City of Huntington Beach Printed on 3/12/2025Page 2 of 2
powered by Legistar™
107
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
v_11_18_24
Please Start Here
General Information
2024
Huntington Beach
Contact Information
Optional: Click here to import last year's data. This is best used
when the workbook is new and empty. You will be prompted to pick
an old workbook to import from. Project and program data will be
copied exactly how it was entered in last year's form and must be
updated. If a project is no longer has any reportable activity, you
may delete the project by selecting a cell in the row and typing ctrl
+ d.
Click here to add rows to a table. If you add too many rows,
you may select a cell in the row you wish to remove and type
ctrl + d.
2000 Main Street
Huntington Beach
92648
Patty
Malagon
Associate Planner
patty.malagon@surfcity-hb.org
7143745317
Mailing Address
Annual Progress Report January 2020
108
Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the
same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The
other file will be list of the problematic cells, along with a description of the nature of the error.
Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split
across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the
comments on the column headers, which contain the instructions. Do not save the APR file after running in order
to preserve comments once it is reopened.
Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only
given for building permits issued during the reporting year.
Link to the online system:https://hcd.my.site.com/hcdconnect
Toggles formatting that turns cells green/yellow/red based on data validation rules.
Submittal Instructions
Please save your file as Jurisdictionname2024 (no spaces). Example: the city of
San Luis Obispo would save their file as SanLuisObispo2024
Housing Element Annual Progress Reports (APRs) forms and tables must be
submitted to HCD and the Governor's Office of Planning and Research (OPR) on or
before April 1 of each year for the prior calendar year; submit separate reports
directly to both HCD and OPR pursuant to Government Code section 65400. There
are two options for submitting APRs:
1. Online Annual Progress Reporting System - Please see the link to the
online system to the left. This allows you to upload the completed APR form into
directly into HCD’s database limiting the risk of errors. If you would like to use the
online system, email APR@hcd.ca.gov and HCD will send you the login information
for your jurisdiction. Please note: Using the online system only provides the
information to HCD. The APR must still be submitted to OPR. Their email address
is opr.apr@opr.ca.gov.
2. Email - If you prefer to submit via email, you can complete the excel Annual
Progress Report forms and submit to HCD at APR@hcd.ca.gov and to OPR at
opr.apr@opr.ca.gov. Please send the Excel workbook, not a scanned or PDF copy
of the tables.
109
Jurisdiction Huntington Beach
Reporting Year 2024
Housing Element Planning Period 6th Cycle
Current Year
Deed Restricted 0
Non-Deed
Restricted 29
Deed Restricted 0
Non-Deed
Restricted 50
Deed Restricted 5
Non-Deed
Restricted 34
59
177
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 21 0
2 to 4 units per structure 0 20 0
5+ units per structure 0 21 0
Accessory Dwelling Unit 0 115 0
Mobile/Manufactured Home 0 0 0
Total 0 177 0
Infill Housing Developments and Infill Units Permitted # of Projects Units
145 177
0 0
14
59
29
1
0
0
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 423 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals
Number of SB 423 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
(Jan. 1 - Dec. 31)
10/15/2021 - 10/15/2029
Number of SB 423 Streamlining Applications Approved
Very Low
Low
Moderate
110
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units
SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022)0 0
SB 6 (2022)0 0
SB 423 (2023)0 0
Ministerial and Discretionary Applications # of Applications Units
Ministerial 0 0
Discretionary 14 59
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 2
Number of Units in Applications Submitted Requesting a Density Bonus 43
Number of Projects Permitted with a Density Bonus 3
Number of Units in Projects Permitted with a Density Bonus 19
Housing Element Programs Implemented and Sites Rezoned Count
17
0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 423 Streamlining Permits
111
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Year 2024 (Jan. 1 - Dec. 31)Housing Element Implementation
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+Current APN Street Address Project Name+Local Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Please select state
streamlining
provision/s the
application was
submitted pursuant
to.
Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 2 0 0 0 2 0 55 59 29 1
178-371-08 16791 Bolero
Lane
CUP 24-
001/CDP 24-
003
SFD O
4/22/2024
1 1 1 0 NONE No
024-151-06
121 6th Street AP 23-014/CDP
23-009
SFD O
3/27/2024
1 1 1 0 NONE No
024-151-29 614 Pacific
Coast Highway
AP 24-002/CDP
24-002
2 to 4 O
8/30/2024
2 2 2 0 NONE No
024-151-29 616 Pacific
Coast Highway
AP 24-001/CDP
24-001
2 to 4 O
8/30/2024
2 2 2 0 NONE No
023-135-24 2208 Pacific
Coast Highway
CDP 23-015/SP
24-002
SFD O
10/25/2024
1 1 1 0 NONE No
163-302-34 4731 Los Patos
Avenue
CUP 21-
017/CDP 21-
014
2 to 4 O
7/31/2024
2 2 2 0 NONE No
178-363-23 4061 Figaro
Circle
CUP 24-
017/CDP 24-
015
SFD O
11/27/2024
1 1 1 0 NONE No
178-043-01 3798 Mistral
Drive
CUP 23-
019/CDP 23-
007
SFD O
5/1/2024
1 1 0 1 NONE No
114-151-07 21851 Newland
Street Spc #251 CDP 24-013
MH O
11/26/2024
1 1 1 0 NONE No
178-062-15 16462
Barnstable
Circle
CDP 24-030
2 to 4 O
11/26/2024
2 2 2 0 NONE No
114-151-07 21851 Newland
Street Spc #172 CDP 24-014
MH O
12/10/2024
1 1 1 0 NONE No
165-311-16 7942 Speer
Drive CUP 23-007 5+R
7/2/2024
2 13 15 15 0 NONE Yes
178-411-23 16471 Malden
Circle
CDP 24-
005/CUP24-007
SFD O
12/17/2024
1 1 NONE No
024-136-06, -
07, -08
410 Main Street
CUP 23-
035/CDP 23-
014/TTM
19266/DRB 23-
014
5+O
12/20/2024
2 26 28 NONE Yes
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Table A
Cells in grey contain auto-calculation formulas
51
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law
Applications
10
Housing Development Applications Submitted
112
0
0
0
0
0
113
I I I I I I I I I I
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Prior APN+Current APN Street Address Project Name+Local Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?
Please select the
state streamlining
provision the
project was
APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 29 0 50 5 34 59 177 0 0 0 0 0 0 0 0 17 0
149-193-26 21661 Branta Cir C2024-005695 SFD O 0 1 12/18/2024 1 0 NONE Y
024-018-09 508 12th St C2023-003750 SFD O 0 1 1/24/2024 1 0 NONE Y
024-018-09 506 12th St C2023-003740 SFD O 0 1 1/24/2024 1 0 NONE Y
114-494-09 9121 Christine Dr C2023-007033 SFD O 0 1 1/24/2024 1 0 NONE Y
024-017-07 521 12th St C2023-006385 SFD O 0 1 2/2/2024 1 0 NONE Y
142-101-07 7871 Glencoe Dr C2022-007172 2 to 4 R 0 2 2/15/2024 2 0 NONE Y
167-531-23 17941 Olivia Ln C2022-004803 2 to 4 O 0 4 2/20/2024 4 0 NONE Y
149-302-51 21202 Altair Ln C2022-009085 SFD O 0 1 4/4/2024 1 0 NONE Y
149-302-50 21212 Altair Ln C2022-009086 SFD O 0 1 4/10/2024 1 0 NONE Y
149-302-52 21192 Altair Ln C2022-009084 SFD O 0 1 4/10/2024 1 0 NONE Y
149-302-49 21222 Altair Ln C2022-009087 SFD O 0 1 4/10/2024 1 0 NONE Y
149-302-53 21182 Altair Ln C2022-009083 SFD O 0 1 4/10/2024 1 0 NONE Y
025-162-13 1113 Florida St C2022-004288 SFD O 0 1 4/17/2024 1 0 NONE Y
025-162-13 1115 Florida St C2022-005332 SFD O 0 1 5/1/2024 1 0 NONE Y
155-271-41 10231 Kamuela Dr C2023-008812 SFD O 0 1 6/27/2024 1 0 NONE Y
159-281-05 19051 Main St C2022-005576 2 to 4 O 0 4 8/8/2024 4 0 NONE Y
159-281-02 19031 Main St C2022-005578 2 to 4 O 0 4 8/13/2024 4 0 NONE Y
159-281-05 19071 Main St C2022-005144 5+O
0
2 5 8/13/2024 7 0 NONE Y Other DB, INC 45 10.0%
2
Development
Standards
Modification
Yes
Column 16: No
assistance programs
utilized.
159-281-01 19041 Main St C2022-005577 2 to 4 O
0
1 3 8/13/2024 4 0 NONE Y Other DB, INC 45 10.0%
2
Development
Standards
Modification
Yes
Column 16: No
assistance programs
utilized.
159-281-05 19061 Main St C2022-005575 5+O 0 6 8/13/2024 6 0 NONE Y
159-281-02 19011 Main St C2022-005580 5+O
0
2 6 8/13/2024 8 0 NONE Y Other DB, INC 45 10.0%
2
Development
Standards
Modification
Yes
Column 16: No
assistance programs
utilized.
159-281-02 19021 Main St C2022-005579 2 to 4 O 0 2 8/13/2024 2 0 NONE Y
023-148-11 505 15th St C2023-009247 SFD O 0 1 8/30/2024 1 0 NONE Y
178-371-08 16791 Bolero Ln C2024-004172 SFD O 0 1 10/8/2024 1 0 NONE Y
023-124-28 418 20th St C2024-000926 SFD O 0 1 10/11/2024 1 0 NONE Y
023-124-29 420 20th St C2024-003967 SFD O 0 1 10/11/2024 1 0 NONE Y
024-101-04 520 11th St C2024-005457 SFD O 0 1 11/5/2024 1 0 NONE Y
157-411-37 8311 Garfield Ave C2024-002310 SFD O 0 1 11/19/2024 1 0 NONE Y
178-321-10 17001 Westport Dr C2024-003043 SFD O 0 1 11/26/2024 1 0 NONE Y
178-514-04 16474 24th St C2024-003113 SFD O 0 1 12/23/2024 1 0 NONE Y
153-032-21 8175 Burnham Cir C2022-000345 ADU R 0 1 1/4/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
024-184-16 504 Alabama St C2022-006132 ADU R 0 1 1/4/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
938-400-11 7919 Palin Cir C2023-005680 ADU R 0 1 1/22/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
938-400-11 7919 Palin Cir C2023-005680 ADU R 0 1 1/22/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
023-074-03 1837 Lake St C2023-004623 ADU R 0 1 1/31/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
110-471-39 19565 Elderwood
Cir C2023-008587 ADU R 0 1 3/19/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
146-025-06 5070 Sisson Dr C2023-008578 ADU R 0 1 3/28/2024 1 0 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
146-162-04 6832 Lafayette Dr C2021-006284 ADU R 0 1 4/24/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
178-261-08 16972 Lynn Ln C2023-006048 ADU R 0 1 4/25/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
159-054-14 7702 Alberta Dr C2023-006733 ADU R 0 1 4/29/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
159-111-20 7921 Palin Cir C2024-000142 ADU R 0 1 4/30/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
110-481-16 6519 Fremont Cir C2024-000403 ADU R 0 1 5/1/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
145-303-19 6195 Sydney Dr C2023-007135 ADU R 0 1 5/3/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
024-033-15 217 12th St C2023-000715 ADU R 0 1 5/14/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
151-515-02 8476 Seaport Dr C2024-001037 ADU R 0 1 5/15/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
151-481-04 20415 Everglades
Ln C2023-008808 ADU R 0 1 5/24/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
107-542-08 16846 Lucia Ln C2024-001161 ADU R 0 1 5/31/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
024-165-21 219 2nd St C2024-001957 ADU R 0 1 6/3/2024 1 0 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
178-121-34 4695 Operetta Dr C2022-004081 ADU R 0 1 6/7/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
142-232-19 7251 Elk Cir C2024-001461 ADU R 0 1 6/12/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
153-023-05 19116 Colchester
Ln C2024-000431 ADU R 0 1 6/20/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
159-111-20 7926 Palin Cir C2024-001080 ADU R 0 1 7/3/2024 1 0 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
151-125-03 20635 Kelvin Ln C2024-002825 ADU R 0 1 7/3/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
107-481-14 16652 Ross Ln C2023-007203 ADU R 0 1 7/9/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
024-231-46 808 Delaware St C2024-002111 ADU R 0 1 7/23/2024 1 0 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
151-342-20 8016 Ebbtide Cir C2024-000223 ADU R 0 1 8/1/2024 1 0 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
145-202-03 15046 Drake Ln C2024-003019 ADU R 0 1 8/2/2024 1 0 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
151-151-04 9165 Colbreggan
Dr C2024-002437 ADU R 0 1 8/14/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
165-361-15 7765 Sycamore Dr C2024-002630 ADU R 0 1 8/28/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
146-041-25 16296 Golden Gate
Ln C2024-003447 ADU R 0 1 8/30/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
145-165-03 15446 La Salle Ln C2024-001132 ADU R 0 1 9/11/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
195-214-10 5831 Spa Dr C2024-002762 ADU R 0 1 9/11/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
153-083-14 8475 Gilford Cir C2024-004025 ADU R 0 1 9/17/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
178-314-01 3942 Finisterre Dr C2024-004595 ADU R 0 1 9/20/2024 1 0 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
153-342-15 9455 Karen Cir C2024-002479 ADU R 0 1 9/24/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
157-383-04 18092 Hartlund Ln C2024-003723 ADU R 0 1 10/16/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
110-361-07 6031 Fenley Dr C2023-005416 ADU R 0 1 10/17/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
024-224-05 403 California St C2024-003685 ADU R 0 1 10/22/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
148-034-02 21151 Lochlea Ln C2024-002277 ADU R 0 1 10/23/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
024-081-11 224 Crest Ave C2024-003905 ADU R 0 1 11/1/2024 1 0 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
146-143-01 16283 Eagle Ln C2024-006231 ADU R 0 1 11/4/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
153-241-02 19875 Estuary Ln C2024-002957 ADU R 0 1 11/4/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
024-016-33 522 14th St C2024-003437 ADU R 0 1 11/6/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
153-085-07 19361 Newhaven
Ln C2024-002464 ADU R 0 1 11/12/2024 1 0 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
107-601-33 8195 Terry Dr C2024-005485 ADU R 0 1 11/12/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
024-184-07 512 Alabama St C2024-002631 ADU R 0 1 11/13/2024 1 0 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
155-293-07 10176 Maikai Dr C2024-005679 ADU R 0 1 11/13/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
146-283-15 5806 Middlecoff Dr C2024-004705 ADU R 0 1 11/15/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
155-125-39 19486 Hansen Ln C2024-005656 ADU R 0 1 11/21/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
155-291-10 10121 Kaimu Dr C2024-004763 ADU R 0 1 11/22/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
153-383-15 19271 Salmon Ln C2024-006013 ADU R 0 1 12/6/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
023-158-14 316 16th St C2023-001206 ADU R 0 1 12/23/2024 1 0 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
151-592-27 8572 Haxton Cir C2024-003768 ADU R 0 1 12/30/2024 1 0 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
025-162-13 1115 Florida St C2022-005332 ADU R 0 1 5/1/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
025-162-13 1113 Florida St C2022-004288 ADU R 0 1 4/17/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
024-232-21 839 Frankfort Ave C2024-004561 ADU R 0 1 11/8/2024 1 0 1 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
146-511-12 16102 Springdale
St C2023-002623 ADU R 0 1 1/22/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
165-355-08 6686 Luciento Dr C2023-003910 ADU R 0 1 1/31/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
151-531-30 8885 Bellshire Dr C2023-008615 ADU R 0 1 2/15/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
153-242-09 19966 Estuary Ln C2023-007123 ADU R 0 1 2/16/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
153-581-28 19306 Coralwood
Ln C2023-002934 ADU R 0 1 3/4/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
146-211-04 16525 Graham St C2022-004839 ADU R 0 1 4/16/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
023-202-07 19545 Summer
Breeze Ln C2023-008686 ADU R 0 1 4/22/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
023-084-08 1109 Park St C2023-008063 ADU R 0 1 4/25/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
145-186-03 6526 Halifax Dr C2023-007494 ADU R 0 1 5/21/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
145-144-25 15436 Victoria Ln C2023-007881 ADU R 0 1 6/11/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
024-182-01 723 Huntington St C2023-004055 ADU R 0 1 6/28/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
023-262-36 19325 Shady
Harbor Cir C2023-008757 ADU R 0 1 7/3/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
145-201-08 15105 Drake Ln C2021-008399 ADU R 0 1 7/3/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
167-441-06 8415 Friesland Dr C2024-000940 ADU R 0 1 7/5/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
024-241-07 616 Hartford Ave
#201 C2024-002223 ADU R 0 1 7/8/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
024-231-43 618 Indianapolis
Ave #201 C2023-008836 ADU R 0 1 7/17/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
024-231-46 808 Delaware St C2024-002111 ADU R 0 1 7/23/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
151-584-32 20435 Allport Ln C2023-006110 ADU R 0 1 7/25/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
151-533-04 20185 Swansea Ln C2024-002462 ADU R 0 1 7/26/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
151-303-08 20441 Kilkenny Ln C2023-003443 ADU R 0 1 8/7/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
024-141-09 319 6th St C2023-009318 ADU R 0 1 8/8/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
195-021-01 14625 Belmar Cir C2023-002732 ADU R 0 1 8/13/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
114-511-12 9365 Tahiti Cir C2024-000613 ADU R 0 1 8/29/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
142-166-06 7742 Rhine Dr C2023-005957 ADU R 0 1 9/20/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
153-371-25 19135 Stingray Ln C2024-000012 ADU R 0 1 10/2/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
165-302-09 7822 Ronald Dr C2024-001791 ADU R 0 1 10/8/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
146-012-32 16065 Tomas Ln C2023-006745 ADU R 0 1 10/24/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
151-582-21 8545 Marvale Dr C2022-007810 ADU R 0 1 11/4/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
107-472-31 8506 Judy Cir C2023-006295 ADU R 0 1 12/11/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
146-155-35 5595 Heil Ave C2023-009191 ADU R 0 1 4/11/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
157-491-07 8105 Sterling Dr C2022-000025 ADU R 0 1 1/5/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
142-293-06 7616 Rhone Ln C2022-006320 ADU R 0 1 1/30/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
025-051-34 201 Lincoln Ave
#201 C2022-003355 ADU R 0 1 2/1/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
151-582-24 20325 Allport Ln C2023-008492 ADU R 0 1 6/26/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
023-063-05 1703 Park St C2024-000188 ADU R 0 1 8/6/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
151-342-33 8025 Mermaid Cir C2024-000681 ADU R 0 1 8/27/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
153-213-45 8791 Anchorage Dr C2024-004364 ADU R 0 1 10/2/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
148-034-02 21151 Lochlea Ln C2024-002277 ADU R 0 1 10/23/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
110-396-02 6122 Galipean Dr C2024-001134 ADU R 0 1 11/7/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units
Density Bonus
1
Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy
4 7 10
114
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
146-012-26 5081 Audrey Dr C2024-004136 ADU R 0 1 11/12/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
157-491-08 8111 Sterling Dr C2023-007703 ADU R 0 1 12/10/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
155-281-03 19031 Kipahulu Ln C2024-004843 ADU R 0 1 12/10/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
023-074-10 1809 Lake St C2021-008581 ADU R 0 1 4/19/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
023-074-03 1837 Lake St #101 C2023-004623 ADU R 0 1 1/31/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
142-101-07 7875 Glencoe Dr
#101 C2022-007219 ADU R 0 1 2/15/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
142-101-07 7875 Glencoe Dr
#103 C2022-007219 ADU R 0 1 2/15/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
146-143-01 16285 Eagle Ln C2023-008500 ADU R 0 1 2/21/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
153-191-25 9925 Constitution
Dr C2023-008826 ADU R 0 1 4/24/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
025-181-17 717 Owen Dr C2023-003811 ADU R 0 1 4/24/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
024-231-47 814 Delaware St
#201 C2024-001452 ADU R 0 1 5/24/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
153-085-05 19335 Newhaven
Ln C2023-002926 ADU R 0 1 6/13/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
107-482-01 8705 Hastings Cir C2024-001298 ADU R 0 1 7/2/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
195-212-09 5705 Spa Dr C2024-000928 ADU R 0 1 7/30/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
107-692-08 16775 Scotsdale
Cir C2024-004254 ADU R 0 1 9/16/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
157-433-43 18961 Flagstaff Ln C2023-004898 ADU R 0 1 9/18/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
107-651-28 16526 Landau Ln C2023-004610 ADU R 0 1 9/26/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
163-363-48 5472 Goldenrod Cir C2024-000067 ADU R 0 1 10/10/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
148-092-24 21126 Shepherd Ln C2024-002744 ADU R 0 1 11/4/2024 1 0 NONE Y Based on SCAG HCD certified
ADU analysis for Orange County
153-383-15 19275 Salmon Ln C2024-006088 ADU R 0 1 12/6/2024 1 0 NONE Y
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115
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
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116
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
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117
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
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118
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31)Housing Element Implementation
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to
Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - 104 - - - - - - -
Non-Deed Restricted 9 - 23 21 29 - - - - -
Deed Restricted - - - 71 - - - - - -
Non-Deed Restricted 9 11 39 36 50 - - - - -
Deed Restricted - - 2 2 83 - - - - -
Non-Deed Restricted 4 1 30 25 34 - - - - -
Above Moderate 5,215 11 6 85 399 59 - - - - - 560 4,655
13,368
33 18 283 554 255 - - - - - 1,143 12,225
5 6 7
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to
Date
Total Units
Remaining
1,831 - 110 13 17 - - - - - 140 1,691
VLI Deed Restricted
VLI Non Deed Restricted
1,968
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th
cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely
low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1).
*Extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact
HCD staff at apr@hcd.ca.gov.
2,127
186
This table is auto-populated once you enter your jurisdiction name and current year data. Past
year information comes from previous APRs.
181 Moderate
3,661
2,184
2,308
Please contact HCD if your data is different than the material supplied here
216
2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
3,475
119
I I I I I I •
I
I I I I I I • I I I I I I •
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31)Housing Element Implementation
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate-
Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83
Project Identifier RHNA Shortfall by Household Income Category Sites Description
1
Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law
Table C
120
I
•
Jurisdiction Huntington Beach
Reporting Year 2024 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation
Housing Rehab Loan
Program
Assist 20 lower income households
annually, or 160 over planning period
2013-2021 Between FY 2015-16 and 2022-23, the City has assisted 82 lower income households
through the housing rehab loan and owner-occupied SF, Condo, and Mobile Home
Grant Program. In FY 23-24, the City assisted 14 lower income households in these
programs.
MFR Acquisition/Rehab
through Non-Profit
Developers
Acquire, rehabilitate, and establish
affordability covenants on 20 to 40 rental
units
2013-2021 The City has assisted in the acquisition/rehab and establishment of affordability
covenants of 13 units within two projects.
Neighborhood Preservation Conduct improvement activities in CDBG
target areas. Conduct public forums for
residents to discuss specific neighborhood
issues and provide information on
resources including rehabilitation
assistance
Conduct neighborhood
forums on a monthly basis.
Analyze CE complaint data
on a monthly basis
The City has maintained two full time code enforcement officers in the CDBG target
areas throughout the planning period. During the 2024 calendar year, 3,442 inspections
were conducted for 1,395 complaints received. The City supports the establishment of
residential community groups within these neighborhood areas, such as the Oak View
Task Force, and facilitates resident forums to discuss specific neighborhood issues and
provide information on various resources for rehabilitation assistance. Code
Enforcement also endeavors to expand its Neighborhood Preservation activities within
CDBG areas. Code Enforcement Officers attend a monthly neighborhood cleanup
event in the Oak View community to provide information and establish connections with
community members. Code Enforcement Officers also attend regular Oak View
Community Meetings and Oak View Community Cleanup Events to take resident
feedback and provide updates on neighborhood improvements and issues in the area.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing
element.
Table D
Program Implementation Status pursuant to GC Section 65583
121
Preservation of Assisted
Housing
Continue to monitor Section 8 contract
renewals in Huntington Villa Yorba and
Huntington Gardens. As necessary, explore
outside funding and preservation options;
offer preservation incentives to owners;
provide technical assistance and education
to affected
tenants.
Contact property owners at
least six months prior to
Section 8 contract renewals
In December 2013, the Huntington Beach City Council conducted a public hearing
under the Tax and Equity Fiscal Responsibility Act (TEFRA) in support of a tax exempt
bond issuance by the California Statewide Communities Development Authority
(CSCDA) for the acquisition of Huntington Villa Yorba by Preservation Partners
Management Group. A second TEFRA hearing was held by the City in August 2015 to
approve the issuance of $13 million in bonds to allow the new property owner to
refinance the property at a lower interest rate and maintain its affordability. Preservation
Partners has agreed to the preservation of all 192 units - 10% at 50% area median
income (AMI), and 90% at 60% AMI.
Rental Assistance - Section
8
Continue current levels of Section 8;
coordinate with OCHA; encourage landlords
to register units
2013-2021 In 2024, approximately 640 Huntington Beach households received tenant-based
Housing Choice Vouchers administered through OCHA. Approximately 84 of these
were for Veterans Affairs Supportive Housing Vouchers, 25 were Family Unification
Vouchers, 118 were for the disabled, 383 were for seniors, and 59 were for formerly
homeless households. Based on HUD regulations, 75 percent of households admitted
to the program must have incomes less than 30 percent of the area median, making
Section 8 a key way in which the City addresses the needs of extremely low income
households.
Rental Assistance - TBRA Initiate local TBRA program, with goal to
assist 168 households, with preference
given to veterans, seniors, and victims of
domestic violence.
Initiate local TBRA program
in FY 2015-16
Since the inception of the TBRA program, the City has partnered with three TBRA
contractors including Interval House, Mercy House and Families Forward. The program
will continue to target homeless, persons at risk of homelessness, veterans, seniors,
and victims of domestic violence in Huntington Beach. The program assisted 336
households between FY 15/16 and FY 21/22. In November 2022, the City Council
approved to expand the TBRA Program to include seniors earning below 50% of area
median income that own a mobile home to pay for a portion of their space rent. The
mobile home TBRA program was implemented in April 2023 and provided space rent
assistance to 31 senior households in FY 23/24. In FY 23/24, the TBRA program
assisted a total of 54 households, including the aforementioned 31 mobile home senior
households.
Mobile Home Park
Preservation
Implement MHP Conversion Ordinance.
Utilize Advisory Board to assist in resolving
issues. Provide tenants info on MPROP
funding. Assist tenants with subdivision
map waiver process
2013-2021 The Mobile Home Advisory Board continued to meet quarterly through 2022 and is
made up of MHP owners, residents and at-large citizens. As of 2023, the MHAB no
longer exists. In 2014, the City adopted a Senior Residential Mobile Home Park Overlay
and designated 8 mobile home parks in the City with the objective to retain existing
affordable housing options for seniors.
122
Residential and Mixed Use
Inventory
Maintain current inventory of vacant and
underutilized development sites, and
provide to developers along with
information on incentives. Monitor sites to
ensure an adequate inventory is maintained
to accommodate
the RHNA, including rezoning as
necessary.
2013-2021; Review sites
annually throughout the
planning period
In 2020, the City adopted an amendment to the Housing Element, which included a
review of the residential sites inventory. Sites were updated as necessary. The Housing
Element including the sites inventory continues to be made available on the City's
website and at the zoning counter. The City also tracks vacant sites citywide through
GIS. The vacant sites inventory is updated periodically.
Adequate Sites Program 1) Draft zoning text amendment to define
Affordable Housing Overlay in BECSP; 2)
Conduct public hearings on BECSP
Amendment 3) Commence
comprehensive review and revision of the
BECSP.
Amend BECSP concurrently
with the Housing Element
Amendment by March 2020
In Feb. 2020, the City adopted an amendment to the BECSP to implement this
program.
Development Fee
Assistance
Continue to offer fee reductions to
incentivize affordable housing. Specify the
waiver of 100% of application processing
fees in the Code for projects with 10% ELI
units.
2013-2021. Modify the Code
in 2020 for ELI units
The City's inclusionary ordinance has provisions that allow for projects that exceed
inclusionary requirements on-site to be eligible for reduced City fees. In 2013, the City
provided over one million dollars in Development Impact Fee exemptions for a 78- unit
affordable rental project (8 ELI, 32 VL, 37 Low).
Residential Processing
Procedures
Provide non-discretionary development
review for sites in the Affordable Housing
Overlay within the Beach
and Edinger Corridors Specific Plan. Adopt
streamlined review procedures for multi-
family development on a Citywide basis
Initiate study of streamlined
procedures in 2015 and
adopt by 2021
The City adopted an Affordable Housing Overlay in the BECSP which provides for non-
discretionary project approval for residential projects with a minimum of 20% lower
income units on-site. In 2018, the City commenced a multi-phased comprehensive
zoning code update. The City has completed three phases to date and will evaluate
streamlined review procedures for multi-family development for inclusion in future
phases.
123
Zoning for Transitional and
Supportive Housing
Provide for transitional and supportive
housing within the CV zone. Prepare a
Policy Memo to clarify such uses are to be
accommodated within zone districts
similar to other residential uses within the
Beach and Edinger Corridors, Downtown
and Bella Terra specific
plans
Prepare Policy Memo in
2014 and modify the Code
by 2020. Incorporate
language into specific plans
in conjunction with future
plan amendments
Residential is not a permitted use within the CV General Plan land use designation. As
such, the code has not been amended. While the City has not amended the specific
plans to expressly add supportive and transitional housing uses, the City treats these
uses as residential uses for zoning purposes and would permit them in the same way
residential uses are permitted. As an example, the City funded and acquired a property
in the BECSP to be developed with affordable housing with supportive services. The
property is currently utilized as a Navigation Center. The City is in the preliminary
stages of planning for permanent affordable housing and supportive services on the
site. An RFQ was issued in March 2022 and an exclusive negotiating agreement with
Jamboree Housing was approved by the City Council on June 7, 2022. In July 2023, the
City Council updated the development concept to reflect a Pathways Project that would
consist of a multiuse facility containing permanent supportive housing and a navigation
center. Jamboree Housing is actively exploring funding sources and financing options.
In June 2024, the City Council extended the Exclusive Negotiating Agreement with
Jamboree Housing and approved their continued submission of applications for
funding. It is anticipated that a combination of funding sources will be required to
complete the project.
Fair Housing Contract with Fair Housing provider; invite
to speak at public events; assist in
distributing brochures in community
locations. Provide walk-in fair housing
counseling at City Hall on a monthly basis.
At least annually, invite fair
housing contractor to City
events and distribute
brochures in community
locations. Offer monthly walk-
in clinic.
The Fair Housing Foundation (FHF) assisted approximately 320 unduplicated
Huntington Beach residents in FY 23/24 with issues regarding tenant/landlord matters,
and handles over a dozen fair housing cases each year on behalf of residents. In
addition to the availability of counselors by toll-free telephone number and walk-in
assistance at one of their two offices Monday-Friday, FHF also provides on-site walk-in
counseling at Huntington Beach City Hall one time per month. FHF also regularly
schedules certification and training programs locally for apartment owners and
managers.
Housing Opportunities for
Persons
Living with Developmental
Disabilities
Work with OCRC to publicize information
on resources. Pursue State and Federal
funding; meet with current affordable
housing providers regarding
options to serve disabled population in
existing housing; contact supportive
housing providers re:expanding the supply
of housing for the developmentally disabled
Pursue funds for supportive
housing and services at
least twice during planning
period. Continue to meet
with current housing
providers and contact
supportive
housing providers as part of
Huntington Beach
Homeless Collaborative
monthly meetings
The City regularly meets with a variety of housing providers and supports various
programs that address shelter and transitional housing needs of homeless individuals
and families. The City has not obtained funding specific to this program, but will
continue to monitor funding opportunities and pursue funding if feasible/available.
124
Homeless Assistance Continue participation in Regional
Committee for the Continuum of Care.
Annually allocate funds to agencies serving
the homeless and at-risk
population.Maintain a City Homeless
Coordinator to serve as the
City's point person on homelessness
Attend periodic meetings of
County Regional
Committee. Annually allocate
CDBG funds.
The City’s strategy is to continue to support a continuum of programs, including
homeless support services, emergency shelter, transitional housing, permanent
affordable housing, and homeless prevention services. Specific City support into the
County’s annual COC funding application to HUD includes: 1) data compilation on
homeless services and facilities; 2) providing official letters of support for the funding
application; and 3) participation in meetings of the Orange County Cities Advisory
Committee, responsible for the regional COC Homeless Strategy, and meetings of the
COC Board as necessary. The City has established a continuum of services and
housing options that people experiencing homelessness can move through in order to
achieve stability. First, the Police Department’s Homeless Task Force supplemented by
BeWell OC – Huntington Beach case managers conduct street outreach to people
experiencing homelessness. These teams assess each potential client and may refer
people to the City’s Navigation Center for shelter and supportive services. Clients that
are ready to exit the Navigation Center may be eligible for residence in a permanent
supportive housing unit. The City's outreach efforts managed through the Police
Department and City Manager’s Office have grown to include a Homeless Task Force
(consisting of up to 4 Case Managers and 4 Homeless Liaison Officers) and
construction of the 174 bed Navigation Center that provides shelter for eligible people
experiencing homelessness with ties to Huntington Beach. The City has also
established a Homeless Services Manager to continue its System of Care development
in addressing the needs of the homeless population. This multi-pronged approach
includes weekly outreach to engage homeless individuals and determine their needs,
reuniting individuals with family members, and working within the County's Coordinated
Entry System to match people with housing opportunities, assisting in eviction
prevention.
Project Self Sufficiency Assist 90 households annually 2013-2021 Effective March 1, 2018, the Project Self Sufficiency program began operating
independently as a nonprofit program, separate from the City of Huntington Beach.
Although the City still provides some funding to the program, it now assist families in
communities throughout the County including Huntington Beach.
125
Green Building and
Sustainability
Provide education/outreach to residents
and development community on new Green
Building Program. Implement
comprehensive “HB Goes Green Program”
to promote sustainable energy and water
conservation, recycling, open space and
transportation practices
2013-2021 Many green/sustainable programs have been implemented and marketed to the public
citywide including: a Sustainable Business Certification Program, Recycling Market
Development Zone, streamlined permitting for EV chargers, and expedited solar plan
review. The City also provides information on programs and incentives of other
agencies and companies on its website. In addition, in 2017, the City adopted a
qualified Greenhouse Gas Reduction Program that would allow for streamlined CEQA
review for development projects.
126
127
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2024 (Jan. 1 - Dec. 31)Housing Element Implementation
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7
Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
128
1
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Period 2024 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+.
For detailed reporting requirements, see the chcklist
here:
Extremely Low-
Income+Very Low-Income+Low-Income+TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+Low-Income+TOTAL UNITS+
https://www.hcd.ca.gov/community-
development/docs/adequate-sites-checklist.pdf
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with
the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are
considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be
counted, please contact HCD at apr@hcd.ca.gov and we will unlock the
form which enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c)
Annual Progress Report January 2020
129
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates
an optional field
Reporting Period 2024 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Notes
2 3 6
Prior APN+Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate-
Income Non Deed
Restricted
Above
Moderate-
Income
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below 0 0 41 0 37 0 0 78
157-471-33 18504 Beach Boulevard Middle Income HousingNone 5+R 17 3 20 12/31/2024
142-181-05 16761 Viewpoint Lane Middle Income HousingNone 5+R 24 34 58 12/31/2024
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2
For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please
ensure housing developments meet the requirements described in Government Code 65400.2(b).
5
Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate
Income RHNA
130
Jurisdiction Huntington Beach
Reporting Period 2024 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
2 3 4
APN Street Address Project Name+Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of
Project Identifier
NOTE: This table must only be filled out if the housing element
sites inventory contains a site which is or was owned by the
reporting jurisdiction, and has been sold, leased, or otherwise
disposed of during the reporting year.
131
I
Jurisdiction Huntington Beach Note: "+" indicates an optional field
Reporting Period 2024
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres)Notes
NOTE: This table must contain an invenory of ALL
surplus/excess lands the reporting jurisdiction owns
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Orange County jurisdictions, please format the APN's as follows:999-999-99
132
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2024 (Jan. 1 - Dec. 31)Housing Element Implementation
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Project Type Date
Units (Beds/Student
Capacity) Granted
Density Bonus
Notes
2 3 5 6
APN Street Address Project Name+Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing)Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
Moderate-
Income
Total Additional Beds
Created Due to Density
Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915
Project Identifier Units (Beds/Student Capacity) Approved
1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing
projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020
133
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2024 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
NoDoes the Jurisdiction have a local tenant preference policy?
If the jurisdiction has a local tenant preference policy, provide a link to
the jurisdiction's webpage containing authorizing local ordinance and
supporting materials.
Notes
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese).
Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
134
Jurisdiction Huntington Beach
Reporting Year 2024 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2)
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0
0
Current Year
Deed Restricted 0
Non-Deed Restricted 29
Deed Restricted 0
Non-Deed Restricted 50
Deed Restricted 5
Non-Deed Restricted 34
59
177
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0
0
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or
50515.03, as applicable.
-$
Task Status
135
I
I
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-136 MEETING DATE:3/18/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Travis Hopkins, City Manager
VIA:Chau Vu, Director of Public Works
PREPARED BY:Chris Davis, Senior Management Analyst
Subject:
Approve the West Orange County Water Board (WOCWB) Fiscal Year 2025/26 Budget in the
amount of $1,683,800
Statement of Issue:
The City of Huntington Beach is a member of the West Orange County Water Board (WOCWB) Joint
Powers Authority. The individual member agencies of WOCWB need to approve the proposed
WOCWB budget for FY 2025/26 prior to adoption by the Board as a whole.
Financial Impact:
The City’s proportional share of the WOCWB FY 2025/26 Budget is $1,046,624. This amount is
made up of $103,112 for the annual operating budget, $382,512 for the City’s share of the loan
repayment for the OC-35 Pipeline Relocation Project, and $561,000 for the Cathodic Protection
Program. The FY 2025/26 proposed operating budget is included in the Water Fund business unit
50685801, the debt service is included in the Water Master Plan business unit 50785201, and the
Cathodic Protection Program is included in the Water Master Plan business unit 50791006.
Recommended Action:
Approve the WOCWB Proposed budget for Fiscal Year 2025/26, with the City of Huntington Beach
amount of $1,046,624.
Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
The WOCWB is a Joint Powers Authority comprised of the cities of Garden Grove, Seal Beach,
Westminster, and Huntington Beach. The WOCWB was created to operate and maintain large
diameter pipelines shared between the member agencies. Huntington Beach owns 56.1 percent of
the system. The WOCWB is governed by five elected officials, one each from the cities of Garden
Grove, Seal Beach and Westminster and two from the City of Huntington Beach. Mayor Pat Burns
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File #:25-136 MEETING DATE:3/18/2025
and Council Woman Gracey Larrea-Van Der Mark represent the City of Huntington Beach.
The General Manager of the WOCWB (the City of Huntington Beach Public Works Deputy Director)
submits a proposed budget to the Board for review at mid-year. Each member agency needs to
approve the proposed budget via their governing bodies prior to adoption by the Board before the
new fiscal year. The total proposed budget for Fiscal Year 2025/26 is $1,683,800. This includes
$183,800 for the operating budget which includes maintenance, electricity, and administrative costs
(legal, insurance, and audit fees); $500,000 in debt service for the OC-35 realignment project
reimbursement agreement with OCTA, and the year 5 contribution of $1,000,000 for the
Transmission Main Lifespan Extension Program (formerly Cathodic Protection Program) to extend
the lifespan of both the OC-9 and OC-35 transmission mains. The FY 2025/26 budget also
authorizes funding in the amount of $1,000,000 for construction of the program, in addition to the
$3,700,000 carried over from the previous fiscal year.
The Board reviewed the proposed budget at the January 15, 2025 regular meeting and moved to
recommend that each agency approve their share of the budget. Upon approval by each agency, the
Board will consider approval of the budget at their next meeting, scheduled for April 16, 2025.
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:
Goal 6 - Infrastructure Investment, Strategy C - Conduct an assessment of all City facilities to
determine priorities for upgrades and repairs, implementation and financial priority.
For details, visit www.huntingtonbeachca.gov/strategicplan.
Attachment(s):
1. West Orange County Water Board Fiscal Year 2025/26 Budget
2. West Orange County Water Board Fiscal Year 2025/26 Member Agency Contributions
3. PowerPoint Presentation
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WEST ORANGE COUNTY WATER BOARD
PROPOSED FISCAL YEAR 2025/26 BUDGET
FY 24/25
Approved
FY 25/26
Proposed
ACCOUNT NUMBER ACCOUNT DESCRIPTION
OPERATING EXPENSES
50885101.61200 Electricity $4,500 $4,500
50885101.64620 Contracts for Repairs and Maintenance $35,000 $35,000
PLC Design/Construction for SCADA $70,000 $120,000
50885101.69345 Auditing $5,800 $5,800
50885101.69375 Attorney Fees $2,500 $2,500
50885101.73010 General/Liability Insurance $10,000 $11,000
50885101.75400 Board Stipend Expense $5,000 $2,500
50885101.79100 Contingency $2,500 $2,500
50885101.82100 OC-35 Turnout Rehabilitation Design1 $50,000 $0
OPERATING EXPENSES $185,300 $183,800
NON OPERATING EXPENDITURES
50885102.88010 Debt Service2 $480,000 $500,000
SUBTOTAL $665,300 $683,800
CAPITAL EXPENDITURES
50885103.82100 Transmission Main Life Extension Project $3,700,000 $1,000,000
TOTAL $4,365,300 $1,683,800
1Funds to be carried forward
2 The Cities of Huntington Beach and Seal Beach are the only members remaining on the OC-35 loan. Budget authority is
required in order to process payments.
January 9, 2025
138
FISCAL YEAR 2025/26 PROPOSED BUDGET
AGENCY CONTRIBUTIONS
ACCOUNT NUMBER AGENCY OWNERSHIP
PERENTAGE
FY 25/26 COST
50800508.46610 Huntington Beach 56.1 $664,112
50800508.46620 Garden Grove 4.2 $49,720
50800508.46630 Seal Beach 14.3 $169,283
50800508.46640 Westminster 25.4 $300,685
Totals 100.0 $1,183,800
50800508.46610 Huntington Beach 56.1 $382,512
50800508.46620 Garden Grove*4.2 $0
50800508.46630 Seal Beach 14.3 $117,488
50800508.46640 Westminster*25.4 $0
Totals 100.0 $500,000
50800508.46610 Huntington Beach 56.1 $1,046,624
50800508.46620 Garden Grove*4.2 $49,720
50800508.46630 Seal Beach 14.3 $286,771
50800508.46640 Westminster*25.4 $300,685
Total Budget $1,683,800
Operating Budget (Including Cathodic Protection)
Sixth Year OC-35 Relocation Project Loan Payment
Total Adopted Budget
*Garden Grove and Westminster have paid off their portions of the loan
January 9, 2025
139
Approve West Orange
County Water Board
Fiscal Year 2025/26
Budget
March 18, 2025
140
WOCWB
• Joint Powers Authority that owns and operates OC-9 and OC-35
Water Transmission mains
• Five (5) member board – Mayor Pat Burns and Council Woman
Gracey Van Der Mark representing Huntington Beach
• Proportional share:
• Huntington Beach (56.1%)
• Garden Grove (4.2%)
• Seal Beach (14.3%)
• Westminster (25.4%)
• Each Member Agency must approve the budget before the
WOCWB as a whole can approve the budget in April
141
WOCWB FY 2025/26 Budget
• FY 2025/26 Total WOCWB budget = $1,183,800
• Operating Budget = $183,800
• Debt Service = $500,000
• Transmission Main Lifespan Extension Project
Contribution = $1,000,000
• Transmission Main Lifespan Extension Project -
Construction =$1,000,000 (not including prior year
carry-over)
• Huntington Beach share = $1,046,624 (56.1%)
142
WOCWB FY 2025/26 Budget
• Budget presented at January 15, 2025 meeting
• Requested each agency to approve before adoption
by the Board at the April 16, 2025 meeting
143
Questions?
144
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-134 MEETING DATE:3/18/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Travis Hopkins, City Manager
VIA:Chau Vu, Director of Public Works
PREPARED BY:John Nguyen, Senior Traffic Engineer
Subject:
Accept the lowest responsive bid and authorize execution of a construction contract with
Crosstown Electrical & Data, Inc., in the amount of $242,967.80, for the construction of a fiber
optic communication system for traffic signal communication along Bolsa Chica Street
corridor (CC-1622)
Statement of Issue:
On February 7, 2025, bids were opened for the installation of a fiber optic communication system for
traffic signal communication along Bolsa Chica Street corridor. City Council action is requested to
award the construction contract to Crosstown Electrical & Data, Inc., the lowest responsive and
responsible bidder.
Financial Impact:
The total project cost estimate for this portion of the project is $291,561.36, including construction
contingency and construction administration. Grant funds for the project are budgeted in the OCTA
Measure M2 Bolsa Chica TS Synchronization business unit 128285282 and matching funds are
budgeted in the Air Quality Management District Bolsa Chica Synchronization business unit
20190014.
Recommended Action:
A) Accept the lowest responsive and responsible bid submitted by Crosstown Electrical & Data, Inc.,
in the amount of $242,967.80; and
B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the
City Attorney.
Alternative Action(s):
Do not approve, and direct staff accordingly.
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File #:25-134 MEETING DATE:3/18/2025
Analysis:
The Bolsa Chica Regional Traffic Signal Synchronization Program project is part of the Fiscal Year
2024/2025 Capital Improvement Program (CIP) for the installation of fiber optic cable to expand
communication to traffic signals, updating traffic controllers, and providing CCTV cameras to allow
traffic movement surveillance that is also shared with the Police Department. The overall project is a
multi-jurisdictional corridor project that includes the Cities of Westminster and Garden Grove. The
project segment in the City of Huntington Beach runs along the Bolsa Chica Street from (Heil Avenue
to Rancho Road). This project will allow for traffic signals along Bolsa Chica Street to be coordinated
and retimed, resulting in a reduction in delays for motorists. The project is grant funded under the
OCTA Measure M2 Project P.
The total project funding for all participating agencies is $2,169,936 with $1,735,949 funded by the
OCTA Measure M2 grant. The Huntington Beach portion of the project includes contract services for
the development and implementation of updated traffic signal coordination plans, the preparation of
construction documents for the fiber optic communications, and construction costs.
A complete set of plans and specifications are available for review at the Public Works counter during
normal business hours.
Bids were opened on February 7, 2025 and are listed in ascending order:
Bidder Submitted and Verified Bid
1 Crosstown Electrical and Data, Inc.$ 242,967.80
2 Elecnor Belco Electric, Inc.$ 244,334.00
3 Select Electric, Inc.$ 289,694.00
4 Yunex LLC $ 309,995.00
5 Alfaro Communications Constructions, Inc.$ 347,777.00
6 International Line Builders, Inc.$ 383,307.00
7 DBX, Inc.$ 392,425.00
8 Servitek Electric, Inc.$ 518,714.80
9 Ferreira Construction Co, Inc.$ 610,548.50
The total cost of this project is $291,561.36 as outlined below:
Bid $ 242,967.80
10% Construction Contingency $ 24,296.78
Construction Administration $ 24,296.78
TOTAL $ 291,561.36
Environmental Status:
This project is categorically exempt pursuant to the California Environmental Quality Act, Section
15301 (c).
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File #:25-134 MEETING DATE:3/18/2025
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Location Map
2.PowerPoint Presentation
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147
148
PROJECT
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BOLSA CHICA STREET TSSP PROJECT
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
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Bolsa Chica Street / Valley
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Signal Synchronization
Project, CC-1622
149
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PROJECT DESCRIPTION
This project provides operational and infrastructure improvements at 6
intersections along Bolsa Chica Street from (Heil Avenue to Rancho
Road) in Huntington Beach.
Improvements within Huntington Beach include:
• Installation of fiber optic communication cable and conduit
• New traffic signal controllers at 6 traffic signal intersections
• Updated traffic signal timing
The City of Huntington Beach is Lead Agency:
• Responsible for managing engineering efforts along the entire
corridor
• All OCTA funds will be paid to and disbursed by the City of
Huntington Beach
150
PROJECT COSTS
The construction cost estimate includes the contractor’s bid, 10% for contingencies,
and construction administration costs.
Contractor’s Bid $242,967.80
10% Contingency $24,296.78
Construction Administration $24,296.78
Total $291,561.36
151
RECOMMENDED ACTION
Recommended City Council Action:
A)Accept the lowest responsive and responsible bid submitted by Crosstown
Electrical & Data, Inc., in the amount of $242,967.80; and
B) Authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney.
152
Questions?
153
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-143 MEETING DATE:3/18/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Travis Hopkins, City Manager
VIA:Jennifer Villasenor, Director of Community Development
PREPARED BY:Joanna Cortez, Principal Planner
Subject:
Approve Zoning Text Amendment No. 25-00 1 (Smoke/Tobacco Shop Regulations) by
approving for the introduction of Ordinance Nos. 4331, 4332, 4333 , and 4334
Statement of Issue:
Transmitted for City Council’s consideration is Zoning Text Amendment (ZTA) No. 25-001, a City
Council initiated request to amend the Huntington Beach Zoning and Subdivision Ordinance
(HBZSO) to introduce regulations for smoke/tobacco shops within the City. The request also includes
an amendment to remove duplicate information within the zoning ordinance. The Planning
Commission and staff recommend approval of the request.
Financial Impact:
Not Applicable
Recommended Action:
A) Find Zoning Text Amendment No. 25-001 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,
B) Approve Zoning Text Amendment No. 25-001 with findings (Attachment No. 1) and approve for
introduction:
1. Ordinance No. 4331, “An Ordinance of the City Council of the City of Huntington Beach
Amending Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision
Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 2)
2. Ordinance No. 4334, “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. 25-001)”; (Attachment No. 3)
3. Ordinance No. 4333, “An Ordinance of the City Council of the City of Huntington Beach
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154
File #:25-143 MEETING DATE:3/18/2025
Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning and Subdivision
Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 4)
4. Ordinance No. 4332, “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. 25-001)”; (Attachment No. 5)
Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
A.PROJECT PROPOSAL:
ZTA No. 25-001 represents a request to amend and update certain sections of the Huntington
Beach Zoning and Subdivision Ordinance (HBZSO) to define and add regulations for
smoke/tobacco shops within the City. In addition to the proposed regulations, this ZTA also
includes an amendment, unrelated to smoke/tobacco shops, to remove duplicative text within the
HBZSO.
B.BACKGROUND:
To reduce illegal sales of tobacco products to minors, California has passed policies to further
regulate the sale of tobacco in the retail environment. Many jurisdictions have passed additional
policies to implement state laws and regulations including restrictions on what retailers can and
cannot sell and where retailers can be located in order to counter efforts to attract new (younger)
customers. To prevent the proliferation and cluster of smoke or tobacco retailers, especially near
youth populated areas, on September 3, 2024, the City Council directed staff (Attachment No. 6)
to draft the necessary amendments to the HBZSO to define and add regulations for
smoke/tobacco shops within the City.
C.PLANNING COMMISSION MEETING AND RECOMMENDATION:
On February 11, 2025, the Planning Commission held a public hearing on the ZTA. There was
one speaker/comment in support of the item (Attachment No.8). The Planning Commission
recommended approval of the request to the City Council with the following modifications:
·Chapter 211: The new provision letter in the land use table was amended from letter “P” to
letter “DD”
·Chapter 230: The minimum distance requirement from smoke/tobacco shops to youth-
populated areas and between smoke/tobacco shops was modified from 500 feet to 1,000 feet.
Planning Commission Action on February 11, 2025:
A motion was made by Thienes, seconded by Goldberg, to recommend to the City Council
approval of ZTA No. 25-001 carried by the following vote:
AYES: Thienes, Goldberg, Pellman, Wood, Bush, Babineau, McGee
NOES: None
ABSTAIN: None
ABSENT: None
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File #:25-143 MEETING DATE:3/18/2025
MOTION PASSED
D.STAFF ANALYSIS:
The February 11, 2025, Planning Commission staff report provides a more detailed description
and analysis of the proposed ZTA (Attachment No. 7).In summary, staff and the Planning
Commission recommend approval of ZTA No. 25-001 based on the following reasons:
1. It addresses a community need to prevent the proliferation and cluster of smoke/tobacco
retailers, especially near youth-populated areas;
2. Cleans up the HBZSO to improve clarity; and
3. Is consistent with General Plan goals and policies.
Environmental Status:
ZTA No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20,
which supplements the California Environmental Quality Act because the request is a minor
amendment to the zoning ordinance that does not change the development standards intensity or
density
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Suggested Findings of Approval - ZTA 25-001
2. HBZSO Chapter 204 (Use Classifications) Draft Ordinance No. 4331 and Legislative Draft
3. HBZSO Chapter 211 (C Commercial Districts) Draft Ordinance No. 4334 and Legislative Draft
4. HBZSO Chapter 212 (I Industrial Districts) Draft Ordinance No. 4333 and Legislative Draft
5. HBZSO Chapter 230 (Site Standards) Draft Ordinance No. 4332
6. City Council H-Item dated September 3, 2024
7. February 11, 2025, Planning Commission Staff Report
8. Supplemental Communication received and dated February 10, 2025
9. PowerPoint Presentation
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ATTACHMENT NO. 1
SUGGESTED FINDINGS OF APPROVAL
ZONING TEXT AMENDMENT NO. 25-001
SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
Zoning Text Amendment (ZTA) No. 25-001 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.
SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 25-001:
1. Zoning Text Amendment No. 25-001 is to amend four chapters of the Huntington Beach
Zoning and Subdivision Ordinance to primarily introduce regulations for smoke/tobacco
shops. The chapters to be amended are Chapter 204 (Use Classifications), Chapter 211 (C
Commercial Districts), and Chapter 230 (Site Standards). Chapter 212 (I Industrial Districts)
is also being amended to remove duplicate text.
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-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of
incompatible land uses.
Goal LU-11: Commercial land uses provide goods and services to meet regional and local
needs.
The proposed ZTA will define and regulate smoke/tobacco retail shops in a manner that will
ensure new shops are compatible with surrounding uses. The proposed regulations will limit
this use to commercially zoned properties while prohibiting them in any primarily residentially
zoned areas. Smoke/tobacco shops will maintain a 1,000-foot separation from sensitive uses,
such as hospitals and youth-oriented areas, as well as other smoke/tobacco shops. These
regulations will allow these types of commercial goods and services to operate in designated
areas of the city while meeting the community’s desire of limiting the overexposure of this use
to young people.
The proposed text cleanup will provide greater customer service as it will provide residents
and business owners a clear understanding of permitted uses within the industrial zone.
157
2. Zoning Text Amendment No. 25-001 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 an existing use and clarifies a section of the HBZSO. 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 ensure compatibility of uses between different zoning areas and ensure
the HBZSO is clear, current, and 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. 25-001 ensures the HBZSO is clear, current, and proactive with
conflicts in the code, and reflective of the City’s ongoing effort to improve customer service.
158
159
ORDINANCE NO. 4331
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 204 USE CLASSIFICATIONS OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE
(ZONING TEXT AMENDMENT NO. 25-001)
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. 25-001, which amends Chapter 204 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 204 of the Huntington Beach Zoning Code is hereby amended
to read as follows:
204.10 Commercial Use Classifications
A. Ambulance Services. Provision of emergency medical care or transportation, including
incidental storage and maintenance of vehicles as regulated by Chapter 5.20.
B. Animal Sales and Services.
1. Animal Boarding. Provision of shelter and care for small animals on a
commercial basis. This classification includes activities such as feeding, exercising, grooming, and
incidental medical care, and kennels.
2. Animal Grooming. Provision of bathing and trimming services for small animals
on a commercial basis. This classification includes boarding for a maximum period of 48 hours.
3. Animal Hospitals. Establishments where small animals receive medical and
surgical treatment. This classification includes only facilities that are entirely enclosed,
soundproofed, and air-conditioned. Grooming and temporary (maximum 30 days) boarding of
animals are included, if incidental to the hospital use.
4. Animals, Retail Sales. Retail sales and boarding of small animals, provided such
activities take place within an entirely enclosed building. This classification includes grooming, if
incidental to the retail use, and boarding of animals not offered for sale for a maximum period of
48 hours.
5. Equestrian Centers. Establishments offering facilities for instruction m
horseback riding, including rings, stables, and exercise areas.
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ORDINANCE NO. 4331
6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes
or remains of dead animals, including placement or erection of markers, headstones or monuments
over such places of burial.
C. Artists' Studios. Work space for artists and artisans, including individuals practicing one
of the fine arts or performing arts, or skilled in an applied art or craft.
D. Banks and Savings and Loans. Financial institutions that provide retail banking services
to individuals and businesses. This classification includes only those institutions engaged in the
on-site circulation of cash money. It also includes businesses offering check-cashing facilities.
With Drive-up Service. Institutions providing services accessible to persons who remain in their
automobiles.
E. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or
equipment. This classification includes lumber yards, tool and equipment sales or rental
establishments, and building contractors' yards, but excludes establishments devoted exclusively
to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and
Services.
F. Catering Services. Preparation and delive1y of food and beverages for off-site
consumption without provision for on-site pickup or consumption. (See also Eating and Drinking
Establishments.)
G. Commercial Filming. Commercial motion picture or video photography at the same
location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial
Photography.)
H. Commercial Recreation and Entertainment. Provision of paiiicipant or spectator
recreation or entertaimnent. This classification includes theaters, sp01is stadiums and arenas,
amusement parks, bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32;
dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf
courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs,
pinball arcades or electronic gaines centers, cyber cafe having more than four coin-operated game
machines; card rooms as regulated by Chapter 9.24; and fo1iune telling as regulated by
Chapter 5. 72.
Limited. Indoor movie theaters, gaine centers and performing aiis theaters and health/fitness clubs
occupying less than 2,500 square feet.
I. Communications Facilities. Broadcasting, recording, and other communication services
accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major). This
classification includes radio, television, or recording studios; telephone switching centers;
telegraph offices; and wireless communication facilities.
J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for
consumption on or off the premises.
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ORDINANCE NO. 4331
1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay
for their food at a counter or window before it is consumed and may either pick up or be served
such food at a table or take it off-site for consumption.
a. Drive-through. Service from a building to persons in vehicles through an
outdoor service window.
b. Limited. Establishments that do not serve persons in vehicles or at a table.
2. With Live Entertainment/Dancing. An eating or drinking establishment where
dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the
requirements of Chapter 5.44 of the Municipal Code.
K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and
consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at
which 20% or more of the transactions are sales of prepared food for on-site or take-out
consumption shall be classified as Catering Services or Eating and Drinking Establishments.
With Alcoholic Beverage Sales. Establishments where more than 10% of the floor area is devoted
to sales, display and storage of alcoholic beverages.
L. Food Processing. Establishments primarily engaged in the manufacturing or processing of
food or beverages for human consumption and wholesale distribution.
M. Funeral and Interment Services. Establishments primarily engaged in the provision of
services involving the care, preparation or disposition of human dead other than in cemeteries.
Typical uses include crematories, columbariums, mausoleums or mortuaries.
N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial
enterprise.
0. Laboratories. Establishments providing medical or dental laboratmy services; or
establishments with less than 2,000 square feet providing photographic, analytical, or testing
services. Other laboratories are classified as Limited Industry.
P. Maintenance and Repair Services. Establishments providing appliance repair, office
machine repair, or building maintenance services. This classification excludes maintenance and
repair of vehicles or boats; see (Vehicle/Equipment Repair).
Q. Marine Sales and Services. Establishments providing supplies and equipment for
shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage
and sales, boat yards, boat docks, and sail-making lofts.
R. (Reserved)
S. Nurseries. Establishments in which all merchandise other than plants is kept within an
enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in
package fmm only.
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ORDINANCE NO. 4331
T. Offices, Business and Professional. Offices of firms or organizations providing
professional, executive, management, or administrative services, such as architectural,
engineering, graphic design, interior design, real estate, insurance, investment, legal, and
veterinary offices. This classification includes medical/dental laboratories incidental to an office
use, but excludes banks and savings and loan associations.
U. Offices, Medical and Dental. A business which is primarily engaged in providing services
for health maintenance, diagnosis or treatment of human disease, pain, injury, physical or mental
condition, including, but not limited to, offices of acupuncturists, chiropractors, dentists,
optometrists, physicians, podiatrists, dermatologists, psychiatrists, psychologists and physical
therapists.
V. Pawn Shops. Establishments engaged in the bnying or selling of new or secondhand
merchandise and offering loans secured by personal prope1iy and subject to Chapter 5.36 of the
Municipal Code.
W. Personal Enrichment Services. Provision of instructional services or facilities, including
photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools,
and diet centers, reducing salons, fitness studios, and yoga or martial arts studios.
X. Personal Services. Provision of recurrently needed services of a personal nature. This
classification includes barber and beauty shops, permanent and semi-permanent makeup such as
microblading, nonsurgical medspas such as laser hair removal, eyelash extensions, injectables,
coolsculpting, etc., seamstresses, tailors, shoe repair shops, dry-cleaning businesses ( excluding
large-scale bulk cleaning plants), photo-copying, self-service laundries, and massage as regulated
by Chapter 5.24.
Y. Research and Development Services. Establishments primarily engaged in industrial or
scientific research, including limited product testing. This classification includes electron research
films or phaimaceutical research laboratories, but excludes manufacturing, except of prototypes,
or medical testing and analysis.
Z. Retail Sales. The retail sale of merchandise not specifically listed under another use
classification. This classification includes depaiiment stores, drug stores, clothing stores, and
furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted
items, jewehy, cameras, photographic supplies, medical supplies and equipment, electronic
equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware,
appliances, antiques, mi supplies and services, paint and wallpaper, carpeting and floor covering,
office supplies, bicycles, and new automotive parts and accessories ( excluding service and
installation), and smoke or tobacco shops as regulated by Section 230.54.
AA. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and
clothing by secondhand dealers who are subject to Chapter 5 .36. This classification excludes
antique shops primarily engaged in the sale of used furniture and accessories other than
appliances, but includes junk shops.
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ORDINANCE NO. 4331
BB. Sex-Oriented Businesses. Establishments as regulated by Chapter 5.70; and figure
model studios as regulated by Chapter 5.60.
CC. Swap Meets, Indoor/Flea Markets. An occasional, periodic or regularly scheduled
market held within a building where groups of individual vendors offer goods for sale to the
public.
DD. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand
merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more
than twice yearly basis.
EE. Tattoo Establishment. Premises used for the business of marking or coloring the skin
with tattoos as regulated by Chapter 8. 70.
FF. Travel Services. Establishments providing travel information and reservations to
individuals and businesses. This classification excludes car rental agencies.
GG. Vehicle/Equipment Sales and Services.
1. Automobile Rentals. Rental of automobiles, including storage and incidental
maintenance, but excluding maintenance requiring pneumatic lifts.
2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar
light vehicles.
3. Commercial Parking Facility. Lots offering short-term or long-term parking to the
public for a fee.
4. Service Stations. Establislunents engaged in the retail sale of gas, diesel fuel,
lubricants, parts, and accessories. This classification includes incidental
maintenance and minor repair of motor vehicles, but excluding body and fender
work or major repair of automobiles, motorcycles, light and heavy trucks or other
vehicles.
5. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile
homes, recreational vehicles, or boats, including the sale, installation, and
servicing of related equipment and parts. This classification includes auto repair
shops, body and fender shops, transmission shops, wheel and brake shops, and tire
sales and installation, but excludes vehicle dismantling or salvage and tire
retreading or recapping.
Limited. Light repair and sale of goods and services for vehicles, including
brakes, muffler, tire shops, oil and lube, and accessory uses, but excluding body
and fender shops, upholstery, painting, and rebuilding or reconditioning of
vehicles.
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ORDINANCE NO. 4331
6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles,
trucks, tractors, construction or agricultural equipment, manufactured homes,
boats, and similar equipment, including storage and incidental maintenance.
7. Offices for Vehicle Retail Sales/Wholesale. This classification includes
businesses with the primary building use of office for vehicle retail sales and
wholesale businesses which may display the maximum number of vehicles at any
given time as required by the California Department of Motor Vehicles.
8. Vehicle Storage, Impound Yards. The business of storing or safekeeping of
operative and inoperative vehicles that have been towed, for periods of time
greater than a 24-hour period, but not including vehicle repair or dismantling.
9. Vehicle Storage, Off-Site Auto Sales. The business of storing or safekeeping new
or used automobiles, intended for off-site sale, for periods of time greater than a
24-hour period, but not including vehicle repair or dismantling. This classification
only includes storage for vehicle sales businesses located within the City of
Huntington Beach.
10. Vehicle Storage, Recreational Vehicles. The business of storing or safekeeping of
operative and inoperative boats, trailers, campers, or other recreational vehicles
for periods of time greater than a 24-hour period, but not including vehicle repair
or dismantling.
HH. Visitor Accommodations.
1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly
basis in a converted single-family or multi-family dwelling or a building of
residential design, with incidental eating and drinking service for lodgers only
provided from a single kitchen.
2. Hotels and Motels. Establishments offering lodging on a weekly or less than
weekly basis. Motels may have kitchens in no more than 25% of guest units, and
"suite" hotels may have kitchens in all units. This classification includes eating,
drinking, and banquet service associated with the facility.
3. Condominium-Hotel. Facility providing overnight visitor accommodations where
ownership ofat least some of the individual guestrooms (units) within the larger
building or complex is in the f01m of separate condominium ownership interests,
as defined in California Civil Code Section 1351(f). The primary function of the
Condominium-Hotel is to provide overnight transient visitor accommodations
within every unit that is available to the general public on a daily basis year-
round, while providing both general public availability and limited owner
occupancy of those units that are in the form of separate condominium ownership
interests.
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ORDfNANCE NO. 433 1
4. Fractional Ownership Hotel. Facility providing overnight visitor
accommodations where at least some of the guestrooms (units) within the facility
are owned separately by multiple owners on a fractional time basis. A fractional
time basis means that an owner receives exclusive right to use of the individual
unit for a certain quantity of days per year and each unit availabl e for fractional
ownership will h ave multiple owners.
II. Warehouse and Sales Outlets. Businesses which store large inventories of goods in
industrial-style buildings where these goods are not produced on the s ite but are offered
to the public for sale.
JJ. Quasi Residential.
1. Residential Hotels. Buildings with six or more guest rooms without kitchen
facilities in individual rooms , or kitchen facilities for the exclusive use of guests,
and which are intended for occupancy on a weekly or monthly basis.
2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a
cluster of guest units providing sleeping and living facilities in which sanitary
facilities and cooking facilities are provided within each unit; tenancies are
weekly or monthly.
3. Timeshare. Any arrangement, plan, or similar program, other than an exchange
program, whereby a purchaser receives ownership rights in or the right to use
accommodations for a period of time less than a full year dming any given year,
on a recurring basis for more than one year, but not necessarily for consecutive
years.
SECTION 2. All other provisions of Chapter 204 not modified herein shall remain in full
force and effect.
SECTION 3. 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 _______ ., 2025.
Mayor
ATTEST:
City Clerk
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ORDINANCE NO . 4331
REVIEWED AND APPROVED: INITIATED AND APPROVED :
City Manager D(ii!r :l!!!:;: Development
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LEGISLATIVE DRAFT
HBZC CHAPTER 204
Chapter 204
204.10 Commercial Use Classifications
A. Ambulance Services. Provision of emergency medical care or transportation, including
incidental storage and maintenance of vehicles as regulated by Chapter 5.20.
B. Animal Sales and Services.
1. Animal Boarding. Provision of shelter and care for small animals on a
commercial basis. This classification includes activities such as feeding, exercising, grooming,
and incidental medical care, and kennels.
2. Animal Grooming. Provision of bathing and trimming services for small
animals on a commercial basis. This classification includes boarding for a maximum period of
48 hours.
3. Animal Hospitals. Establishments where small animals receive medical and
surgical treatment. This classification includes only facilities that are entirely enclosed,
soundproofed, and air-conditioned. Grooming and temporary (maximum 30 days) boarding of
animals are included, if incidental to the hospital use.
4. Animals, Retail Sales. Retail sales and boarding of small animals, provided such
activities take place within an entirely enclosed building. This classification includes grooming,
if incidental to the retail use, and boarding of animals not offered for sale for a maximum period
of 48 hours.
5. Equestrian Centers. Establishments offering facilities for instruction in
horseback riding, including rings, stables, and exercise areas.
6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes
or remains of dead animals, including placement or erection of markers, headstones or
monuments over such places of burial.
C. Artists' Studios. Work space for artists and artisans, including individuals practicing one
of the fine arts or performing arts, or skilled in an applied art or craft.
D. Banks and Savings and Loans. Financial institutions that provide retail banking
services to individuals and businesses. This classification includes only those institutions
engaged in the on-site circulation of cash money. It also includes businesses offering check-
cashing facilities .
With Drive-up Service. Institutions providing services accessible to persons who remain in their
automobiles.
E. Building Materials and Services. Retailing, who lesaling, or rental of building supplies
or equipment. This classification includes lumber yards, tool and equipment sales or rental
168
establishments, and building contractors' yards, but excludes establishments devoted exclusively
to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and
Services.
F. Catering Services. Preparation and delivery of food and beverages for off-site
consumption without provision for on-site pickup or consumption. (See also Eating and Drinking
Establishments.)
G. Commercial Filming. Commercial motion picture or video photography at the same
location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial
Photography.)
H. Commercial Recreation and Entertainment. Provision of participant or spectator
recreation or entertainment. This classification includes theaters, sports stadiums and arenas,
amusement parks, bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32;
dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf
courses, scale-model courses, shooting galleries, tennis/racquetball comis, health/fitness clubs,
pinball arcades or electronic games centers, cyber cafe having more than four coin-operated
game machines; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by
Chapter 5. 72.
Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness
clubs occupying less than 2,500 square feet.
I. Communications Facilities. Broadcasting, recording, and other communication services
accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major). This
classification includes radio, television, or recording studios; telephone switching centers;
telegraph offices; and wireless communication facilities.
J. Eating and Drinking Establishments. Businesses serving prepared food or beverages
for consumption on or off the premises.
1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay
for their food at a counter or window before it is consumed and may either pick up or be served
such food at a table or take it off-site for consumption.
a. Drive-through. Service from a building to persons in vehicles through an
outdoor service window.
b. Limited. Establishments that do not serve persons in vehicles or at a table.
2. With Live Entertainment/Dancing. An eating or drinking establishment where
dancing and/or live entertainment is allowed. This classification includes nightclubs subject to
the requirements of Chapter 5.44 of the Municipal Code.
K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and
consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at
169
which 20% or more of the transactions are sales of prepared food for on-site or take-out
consumption shall be classified as Catering Services or Eating and Drinking Establishments.
With Alcoholic Beverage Sales. Establishments where more than 10% of the floor area is
devoted to sales, display and storage of alcoholic beverages.
L. Food Processing. Establishments primarily engaged in the manufacturing or processing
of food or beverages for human consumption and wholesale distribution.
M. Funeral and Interment Services. Establishments primarily engaged in the provision of
services involving the care, preparation or disposition of human dead other than in cemeteries.
Typical uses include crematories, columbariums, mausoleums or mortuaries.
N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a
commercial enterprise.
0. Laboratories. Establishments providing medical or dental laboratory services; or
establishments with less than 2,000 square feet providing photographic, analytical, or testing
services. Other laboratories are classified as Limited Industry.
P. Maintenance and Repair Services. Establishments providing appliance repair, office
machine repair, or building maintenance services. This classification excludes maintenance and
repair of vehicles or boats; see (Vehicle/Equipment Repair).
Q. Marine Sales and Services. Establishments providing supplies and equipment for
shipping or related services or pleasure boating. Typical uses include chandleries, yacht
brokerage and sales, boat yards, boat docks, and sail-making lofts.
R. (Reserved)
S. Nurseries. Establishments in which all merchandise other than plants is kept within an
enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in
package form only.
T. Offices, Business and Professional. Offices of films or organizations providing
professional, executive, management, or administrative services, such as architectural,
engineering, graphic design, interior design, real estate, insurance, investment, legal, and
veterinary offices. This classification includes medical/dental laboratories incidental to an office
use, but excludes banks and savings and loan associations.
U. Offices, Medical and Dental. A business which is primarily engaged in providing
services for health maintenance, diagnosis or treatment of human disease, pain, injury, physical
or mental condition, including, but not limited to, offices of acupuncturists, chiropractors,
dentists, optometrists, physicians, podiatrists, dermatologists, psychiatrists, psychologists and
physical therapists.
V. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand
merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the
Municipal Code.
170
W. Personal Enrichment Services. Provision of instructional services or facilities,
including photography, fine arts, crafts, dance or music studios, driving schools, business and
trade schools, and diet centers, reducing salons, fitness studios, and yoga or martial arts studios.
X. Personal Services. Provision of recurrently needed services of a personal nature. This
classification includes barber and beauty shops, permanent and semi-permanent makeup such as
micro blading, nonsurgical medspas such as laser hair removal, eyelash extensions, injectables,
coolsculpting, etc., seamstresses, tailors, shoe repair shops, dry-cleaning businesses ( excluding
large-scale bulk cleaning plants), photo-copying, self-service laundries, and massage as regulated
by Chapter 5.24.
Y. Research and Development Services. Establishments primarily engaged in industrial or
scientific research, including limited product testing. This classification includes electron
research firms or pharmaceutical research laboratories, but excludes manufacturing, except of
prototypes, or medical testing and analysis.
Z. Retail Sales. The retail sale of merchandise not specifically listed under another use
classification. This classification includes department stores, drug stores, clothing stores, and
furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted
items, jewelry, cameras, photographic supplies, medical supplies and equipment, electronic
equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware,
appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering,
office supplies, bicycles, and new automotive parts and accessories ( excluding service and
installationh smoke or tobacco shops as regulated by Section 230.54.
AA. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and
clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes
antique shops primarily engaged in the sale of used furniture and accessories other than
appliances, but includes junk shops.
BB. Sex-Oriented Businesses. Establislnnents as regulated by Chapter 5.70; and figure
model studios as regulated by Chapter 5.60.
CC. Swap Meets, Indoor/Flea Markets. An occasional, periodic or regularly scheduled
market held within a building where groups of individual vendors offer goods for sale to the
public.
DD. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand
merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more
than twice yearly basis.
EE. Tattoo Establishment. Premises used for the business of marking or coloring the skin
with tattoos as regulated by Chapter 8.70.
FF. Travel Services. Establislnnents providing travel info1mation and reservations to
individuals and businesses. This classification excludes car rental agencies.
171
GG. Vehicle/Equipment Sales and Services.
1. Automobile Rentals. Rental of automobiles, including storage and incidental
maintenance, but excluding maintenance requiring pneumatic lifts.
2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar
light vehicles.
3. Commercial Parking Facility. Lots offering short-term or long-te,m parking to the
public for a fee.
4. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel,
lubricants, paiis, and accessories. This classification includes incidental
maintenance and minor repair of motor vehicles, but excluding body and fender
work or major repair of automobiles, motorcycles, light and heavy trucks or other
vehicles.
5. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile
homes, recreational vehicles, or boats, including the sale, installation, and
servicing of related equipment and parts. This classification includes auto repair
shops, body and fender shops, transmission shops, wheel and brake shops, and tire
sales and installation, but excludes vehicle dismantling or salvage and tire
retreading or recapping.
Limited. Light repair and sale of goods and services for vehicles, including
brakes, muffler, tire shops, oil and lube, and accessory uses, but excluding body
and fender shops, upholstery, painting, and rebuilding or reconditioning of
vehicles.
6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles,
trucks, tractors, construction or agricultural equipment, manufactured homes,
boats, and similar equipment, including storage and incidental maintenance.
7. Offices for Vehicle Retail Sales/Wholesale. This classification includes
businesses with the primaiy building use of office for vehicle retail sales and
wholesale businesses which may display the maximum number of vehicles at any
given time as required by the California Department of Motor Vehicles.
8. Vehicle Storage, Impound Yards. The business of storing or safekeeping of
operative and inoperative vehicles that have been towed, for periods of time
greater than a 24-hour period, but not including vehicle repair or dismantling.
9. Vehicle Storage, Off-Site Auto Sales. The business of storing or safekeeping new
or used automobiles, intended for off-site sale, for periods of time greater than a
24-hour period, but not including vehicle repair or dismantling. This classification
172
only includes storage for vehicle sales businesses located within the City of
Huntington Beach.
10. Vehicle Storage, Recreational Vehicles. The business of storing or safekeeping of
operative and inoperative boats, trailers, campers, or other recreational vehicles
for periods of time greater than a 24-hour period, but not including vehicle repair
or dismantling.
HH. Visitor Accommodations.
1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly
basis in a converted single-family or multi-family dwelling or a building of
residential design, with incidental eating and drinking service for lodgers only
provided from a single kitchen.
2. Hotels and Motels. Establishments offering lodging on a weekly or less than
weekly basis. Motels may have kitchens in no more than 25% of guest units, and
"suite" hotels may have kitchens in all units. This classification includes eating,
drinking, and banquet service associated with the facility.
3. Condominium-Hotel. Facility providing overnight visitor accommodations where
ownership ofat least some of the individual guestrooms (units) within the larger
building or complex is in the fonn of separate condominium ownership interests,
as defined in California Civil Code Section 1351(±). The primary function of the
Condominium-Hotel is to provide overnight transient visitor accommodations
within every unit that is available to the general public on a daily basis year-
round, while providing both general public availability and limited owner
occupancy of those units that are in the form of separate condominium ownership
interests.
4. Fractional Ownership Hotel. Facility providing overnight visitor
accommodations where at least some of the guestrooms (units) within the facility
are owned separately by multiple owners on a fractional time basis. A fractional
time basis means that an owner receives exclusive right to use of the individual
unit for a certain quantity of days per year and each unit available for fractional
ownership will have multiple owners.
II. Warehouse and Sales Outlets. Businesses which store large inventories of goods in
industrial-style buildings where these goods are not produced on the site but are offered
to the public for sale.
JJ. Quasi Residential.
1. Residential Hotels. Buildings with six or more guest rooms without kitchen
facilities in individual rooms, or kitchen facilities for the exclusive use of guests,
and which are intended for occupancy on a weekly or monthly basis.
173
2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a
cluster of guest units providing sleeping and living facilities in which sanitary
facilities and cooking facilities are provided within each unit; tenancies are
weekly or monthly.
3. Timeshare. Any mTangement, plan, or similar program, other than an exchange
program, whereby a purchaser receives ownership rights in or the right to use
accommodations for a period of time less than a full year during any given year,
on a recmTing basis for more than one year, but not necessarily for consecutive
years.
174
ORDINANCE NO. 4334
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. 25-001)
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. 25-001, 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 pennitted 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
25-15852/368549
175
ORDINANCE NO. 4334
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
Communitv and Human Services
Drug Abuse Centers -
Primarv Health Care L-11
Emergency Kitchens -
Emergency Shelters -
Residential Alcohol Recoverv, General -
Residential Care, General ZA
Convalescent Facilities ZA
Cultural Institutions L-14
Dav Care, General L-3
Dav Care, Large-Family p
Emereencv Health Care L-2
Government Offices p
Heliports PC
Hosoitals PC
Park & Recreation Facilities L-9
Public Safety Facilities ZA
Relieious Assemblv ZA
Schools, Public or Private PC
Utilities, Major PC
Utilities, Minor p
Commercial Uses
Ambulance Services -
Animal Sales & Services
25-15852/368549 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)(OlfR)(V)
(J)(Q)(R)(V)
(Y)
(B)
(L)
(J)(Q)(R)
176
ORDINANCE NO. 4334
co CG CV Additional Provisions
Animal Boarding -ZA -
Animal Grooming -p -
Animal Hospitals -ZA -
Animals-Retail Sales -p -
Eauestrian Centers (CG Zone) -PC -/S)
Pet Cemetery -PC -
Artists' Studios p p p
Banks and Savings & Loans p p p
With Drive-Up Service p p p
Building Materials and Services -p -
Caterine: Services p p p
Commercial Filming p p p (F)
Commercial Recreation and Entertainment -PC PC (D)
Communication Facilities L-13 L-13 L-13
Eating and Drinking Establishments p p p
W/Alcohol ZA ZA ZA (N)
W /Drive Through -p p
W/Live Entertainment ZA ZA ZA (W)(Y)
W/Dancine 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 & Intennent Services -ZA -
Laboratories L-1 L-1 -
Maintenance & Renair 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)(DD)
Secondhand Annliances/Clothine -p -
Swan Meets, Indoor/Flea Markets -PC -(Tl
Swap Meets, Recun-ing -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 Eauio. Repair -L-5 -
Vehicle Equip. Sales & Rentals ZA ZA -L-12
Vehicle Storaee, Imoound Yards -PC -!AA\
Vehicle Storage, Off-Site Auto Dealers -P/ZA -L-17 /BB)
Vehicle Stora2:e, Recreational Vehicles -ZA -(CC)
Offices for Vehicle Eauio. Sales & Rentals L-15 L-15 -
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ORDINANCE NO. 4334
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
Ouasi Residential
Timeshares -PC -(l)(J)
Residential Hotel -PC -(J)
Single Room Occupancy -PC -
Industrial (J)(Q)(R)(V)
Industrv, Custom -L-6 L-6
Accessory Uses (J)(V)
Accessory Uses & Structures P/U P/U P/U
Temporary Uses (F)(J)(V)
Animal Shows -TU -
Circus and Carnivals and Festivals -TU -
Commercial Fihning, 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)
211.05. 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 pe1mit 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.
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ORDINANCE NO. 4334
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
200square feet, sball 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 ke1mel 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 used or zoned for residential
development.
A. Reserved.
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ORDINANCE NO. 4334
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, Gambling
Chapter 9.32, Pool and Billiard Halls.
E. See Section 230.32, Service Stations.
F. See Section 241.20, Tempora1y 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, Dance Halls; Chapter 5.44, Ente1iainment Permits; and Chapter 5. 70,
Sex-Oriented Businesses.
I. Only permitted on a major arterial street, and a passive or aetive outdoor recreational
amenity shall be provided.
J. In the CV District the entire ground floor area and at least one-third of the total floor area
shall be devoted to visitor-oriented uses as described in the certified Local Coastal
Program Land Use Plan. Any use other than visitor serving commercial shall be located
above the ground level, and a conditional use permit from the Planning Commission or
the Zoning Administrator is required. Any use other than visitor serving commercial uses
shall only be permitted if visitor serving uses are either provided prior to the other use or
assured by deed restriction as part of the development. No office or residential uses shall
be permitted in any visitor serving designation seaward of Pacific Coast Highway.
K. See Section 230.42, Bed and Breakfast Inns.
L. Collection containers are permitted in all commercial districts; recycling facilities as an
access01y use to a permitted use shall be permitted upon approval by the Director with
Neighborhood Notification pursuant to Chapter 241. See Section 230.44, Recycling
Operations.
M. Subject to approval by the Police Department, Public Works Department, Fire
Department and the Director. See also Section 230.86, Seasonal Sales.
N. The following businesses proposing to sell alcoholic beverages for on-site or off-site
consumption are exempt from the conditional use permit process:
1. Retail markets with no more than 10% of the floor area devoted to sales, display,
and storage of alcoholic beverages provided the sale of alcoholic beverages is not
in conjunction with the sale of gasoline or other motor vehicle fuel.
2. Restaurants, bars, and liquor stores located 300 feet or more from any R or PS
district, public or private school, church, or public use.
25-l 5852/368549 6
180
ORDINANCE NO. 4334
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 I 0,000 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
Conmmnity 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 oppmiunities 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 pe1mitted 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 IO 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
25-15852/36°8549 7
181
ORDINANCE NO. 4334
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.
DD. See Section 230.54, Smoke or Tobacco Shops.
SECTION 2. All other provisions of this Chapter 211 not modified herein shall remain in
full force and effect.
SECTION 3. 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 _______ , 2025.
Mayor
ATTEST: AP~ROVED AS TO FORM:
·\k lk
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Manager
25-15852/368549 8
182
LEGISLATIVE DRAFT
HBZC CHAPTER 211
Chapter 211
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 the Industrial Districts .
"L" desi gnates use classifications subject to certain limitations prescribed by the "Additional
Provisions" which follow.
"PC" designates use classifications permitted on approval of a conditional us e pe1mit 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 pe1mit by the
Zoning Administrator.
"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 Notification" refers to use classifications that require an Administrative Pe1mit
by the Director. Use classifications that are not lis ted 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.
IG, IL, and RT Districts: Land Use Controls
P = Pe1mitted
L = Limited (see Additional Provisions)
PC = Conditional use permit approved by Planning Commission
ZA = Conditional use pe1mit approved by Zoning Administrator
TU = Temporary use p ermit
P/U = Requires conditional use permit on site of conditional use
-= Not Permitted
183
co CG CV Additional Provisions
Residential (J)(Q)(R)(VJ
Groun Residential PC PC PC
Multifamilv Residential --PC
Public and Seminublic (J)(QliR1(VJ
Clubs and Lodoes p p -
Communitv and Human Services
Drug Abuse Centers -PC -
Primarn Health Care L-11 L-11 -
Emeroencv Kitchens -L-2 -
Ememencv Shelters -L-2 -
Residential Alcohol Recoverv, General -PC -
Residential Care, General ZA ZA -
Conva1escent Facilities ZA ZA -
Cultural Institutions L-14 L-14 L-14
Dav Care, General L-3 L-3 -
Dav Care, Laroe-Familv p p -(YJ
Ememencv Health Care L-2 L-2 -
Government Offices p p ZA
Helinorts PC PC PC (BJ
Hosoitals PC PC -
Park & Recreation Facilities L-9 L-9 L-9
Public Safetv Facilities ZA ZA ZA
Religious Assemblv ZA ZA PC
Schools, Public or Private PC PC -
Utilities, Maior PC PC PC
Utilities, Minor p p p (L)
Commercial Uses (Jl(QJ(RJ
Ambulance Services -ZA -
Animal Sales & Services L-16
Animal Boardino -ZA -
Animal Groomirn! -p -
Animal Hosoitals -ZA -
Animals-Retail Sales -p -
Eauestrian Centers /CG Zone) -PC -(Sl
Pet Cemeterv -PC -
Artists' Studios p p p
Banks and Savinos & Loans . p p p
With Drive-Un Service p p p
Buildino Materials and Services -p -
CaterinP-Services p p p
Commercial Filming p p p /F)
Commercial Recreation and Entertainment -PC PC (DJ
Communication Facilities L-13 L-13 L-13
Eating and Drinking Establishments p p p
W/Alcohol ZA ZA ZA fl\[)
W/Drive Thrauoh -p p
W /Live Entertainment ZA ZA ZA /Wl(YJ
W/Dancine PC PC PC /H)
184
co CG CV Additional Provisions
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 & Reoair 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)/DD)
Secondhand Annliances/Clothing -p -
Swap Meets, Indoor/Flea Markets -PC -(T)
Swan Meets, Recunini::?: -ZA -
Tattoo Establishments -ZA -
Travel Services p p p
Vehicle Eauioment/Sales & Services
Automobile Rentals -L-8 L-8 L-12
Automobile Washing -ZA -
Commercial Parking -ZA ZA (P)
Service Stations -PC PC IE)
Vehicle Equip. Repair -L-5 -
Vehicle Eauio. Sales & Rentals ZA ZA -L-12
Vehicle Storage, Imoound Yards -PC -/AA)
Vehicle Storage, Off-Site Auto Dealers -P/ZA -L-17 (BB)
Vehicle Storage, Recreational Vehicles -ZA -(CC)
Offices for Vehicle Eauio. Sales & Rentals L-15 L-15 -
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 -(l)(J)
Residential Hotel -PC -(J)
Single Room Occuoancv -PC -
Industrial (Jl(Q)(R)(V)
lndustrv, Custom -L-6 L-6
Accessory Uses (J)(V)
Accessorv Uses & Structures P/U P/U P/U
Temporary Uses (F)(J)(V)
Animal Shows -TU -
Circus and Carnivals and Festivals -TU -
185
co CG CV Additional Prov isions
Commercial Filming, Limited -p p (M)
Real Estate Sa les p p p
Retail Sales, Outdoor -TU TU (M)
Seasonal Sale s TU TU TU (M)
Tent Event -p -
Trade Fairs -p -
No nconforming Uses (G)(J)(V)
211.05 CO, CG, and CV Districts -Additional Provision
L-1 Permitted if the sp ace is 5,000 square feet or less; allowed w ith 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 o r l ess; a llowed 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 condition al use permit from the Planning Commission if th e
space exceed s 2,500 square feet.
L-4 Reserved.
L-5 Only limited facilities are allowed subj ect to approval of a conditional u se permit from the
Zoning Administrator, and body and fender shops are pe1mitted only as pait of a comprehensive
automobile serv ice complex operated by a new vehicle dealer.
L-6 Only "small-scale" facilities, as described in use classifications, ai·e permitted with a
maximum seven persons employed full time in processing or treating retail products, limited to
those s old on the premises.
L-7 Repealed.
L-8 On-site storage limited to two rental cai·s or two cars for lease.
L-9 Public facilities p ermitted, but a conditional use pe1mit from the Zoning Admini strator is
required fo r commercial facilities.
L-10 Pe1mitted if the space is 5,000 s quai·e feet or less; allowed w ith 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
200squai·e feet , shall require no additional pai·king provided the use compl ies w ith the following:
• Maximum number of persons per classroom does not exceed the number of
parking sp aces a llo cated to the suite based upon the square footage of the building; and
186
• The instruction area does not exceed 75% of total floor area of the personal
enrichment building area.
L-11 Pennitted if the space is 5,000 square feet or less; allowed with a conditional use pe1mit
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 Connnunication
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.
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 pe1mit
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, Gambling
Chapter 9.32, Pool and Billiard Halls.
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, Dance Halls; Chapter 5.44, Entertaimnent Pe1mits; and Chapter 5. 70,
Sex-Oriented Businesses.
187
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 pennitted if visitor serving uses are either provided prior to the other use or
assured by deed restriction as part of the development. No office or residential uses shall
be permitted in any visitor serving designation seaward of Pacific Coast Highway.
K. See Section 230.42, Bed and Breakfast Inns.
L. Collection containers are permitted in all commercial districts; recycling facilities as an
accessory use to a permitted use shall be permitted upon approval by the Director with
Neighborhood Notification pursuant to Chapter 241. See Section 230.44, Recycling
Operations.
M. Subject to approval by the Police Department, Public Works Department, Fire
Department and the Director. See also Section 230.86, Seasonal Sales.
N. The following businesses proposing to sell alcoholic beverages for on-site or off-site
consumption are exempt from the conditional use permit process:
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 I 0,000 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 pem1it 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.
188
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
connnercial land use designation which provide opportunities for visitor-oriented
connnercial activities including specialty and beach related retail shops, restaurants,
hotels, motels, theaters, museums, and related services.
W. Non-amplified live entertainment greater than 300 feet from a residential zone or use
shall be permitted without a conditional use permit.
X. Outdoor dining with alcohol sales shall be permitted with a conditional use permit from
the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or
less shall be permitted without a conditional use permit. If over 400 square feet with no
alcohol sales, Neighborhood Notification shall be required pursuant to Chapter 241.
Y. Neighborhood Notification requirements pursuant to Chapter 241.
Z. In the CV District, condominium-hotels and/or fractional interest hotels are allowed only
at the Pacific City (Downtown Specific Plan District 7) and Waterfront (Downtown
Specific Plan District 9) sites. Refer to Downtown Specific Plan.
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 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, masomy, 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 detennined during the entitlement
process.
DD. See Section 230.54. Smoke or Tobacco Shops
189
ORDINANCE NO. 4333
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. 25-001)
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. 25-001, 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 certain limitations prescribed by the "Additional
Provisions" that follow.
"PC" designates use classifications permitted on approval of a conditional use permit by the
Plauuing 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 tempormy 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
25-15852/368430
190
ORDINANCE NO. 4333
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.
IG, IL, and RT Districts: Land Use Controls
P = Permitted
L = Limited ( see Additional Provisions)
PC = Conditional use permit approved by Planning Commission
ZA = Conditional use permit approved by Zoning Administrator
TU = Temporary use permit
P/U = Requires conditional use permit on site of conditional use
-= Not Permitted
IG IL
Residential
Group Residential PC PC
Public and Semipublic
Community and Human Service Facilities p p
Dav Care, General ZA ZA
Heliports PC PC
Maintenance & Service Facilities ZA ZA
Public Safety Facilities p p
Religious Assembly ZA ZA
Schools, Public or Private L-6 L-6
Utilities, Major PC PC
Utilities, Minor L-7 L-7
Commercial Uses
Ambulance Services ZA ZA
Animal Sales and Services
Animal Boarding ZA ZA
Animal Hospitals ZA ZA
Artists' Studios p p
Banks and Savings and Loans L-1 L-1
Building Materials and Services p p
Catering Services -p
25-15852/368430 2
Additional
RT Provisions
PC 'I)
'A)(L)
p 'K)
ZA
PC (N)
ZA
p
ZA
L-6
PC
L-7 '0)
(D)(L)
ZA
ZA
ZA
p
L-1
p
p
191
ORDINANCE NO. 4333
Additional
JG IL RT Provisions
Commercial Filming ZA ZA ZA
Commercial Recreation and Entertainment L-2 L-2 PC
Communication Facilities L-12 L-12 L-12
Eating & Drinkin2: Establishments L-2 L-2 L-2
w/Live Entertainment ZA ZA ZA (R)
w/Alcohol ZA ZA ZA
Food & Bevera2:e 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 IC)
Personal Enrichment L-9 L-9 L-9
Personal Services L-1 L-1 L-1
Quasi-Residential PC PC PC (J)
Research & Development Services p p p
Sex-Oriented Businesses (regulated by Ch. 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/Eauipment Sales & Services
Service Stations L-4 L-4 L-4
Vehicle/Equipment Repair p p p
Vehicle/Equipment Sales/Rentals L-5 L-5 L-5
Vehicle Stora2:e, ImPOlmd 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 Chapter 204) (B)(L)(M)
Industrv, Custom p p p
Industrv, General p p p
Industry, Limited p p p
Industrv, R & D p p p
Wholesalin2:, Distribution & Stora2:e
150,000 square feet or less p p p
Greater than 150,000 square feet p p ZA
RT Flex Space --p
25-15852/368430 3
192
ORDINANCE NO. 4333
Additional
IG IL RT Provisions
Alcoholic Beverage Manufacturing p p p (L-13 )
Accessory Uses
Accessory Uses and Structures P/U P/U P/U (C)
Temporarv Uses
Commer cial Filming, Limited p p p (S)
Real Estate Sales p p p
Trade Fairs p p p (E)
Nonconforming Uses l(F)
SECTION 2. A ll other provisions of Chapter 2 12 not modified herein shall remain in full
force and effect.
SECTION 3. This ordinance shall become effective immediately 30 days after its
adoption.
PASSED AND ADOPTED by the City Counci l of the City of Huntington Beach at a
regular meeting ther eof held on the __ day of _______ , 2025.
Mayor
ATTEST: APPROVED AS TO FORM:
(lL:✓lL
City C lerk CityAtlorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Manager
25 -1 5852/368430 4
193
LEGISLATIVE DRAFT
HBZC CHAPTER 212
Chapter 212
212.04 IG, IL, and RT Districts -Land Use Controls
In the following schedules, letter designations are used as follows:
"P " designates use classifications p ermitted in the Industrial Districts.
"L" designates use classifications subject to certain limitations prescribed by the "Additional
Provi sions" which follow.
"PC" designates use classifications permitted on approval of a conditional u se permit by the
Planning Commission.
"ZA" designates use classifications pe1mitted on approval of a conditional use pe1mit b y the
Zoning Administrator.
"TU" designates use classifications a llowed upon approval of a temporary us e permit by the
Zoning Administrator.
"P/U" for an accessory use means that the use i s 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 prov i sions shall apply to all use classifications under the heading.
IG, IL, and RT Districts: Land Use Controls
P = Pe1mitted
L = Limited (see Additional Provi sions)
PC = Conditional use permit approved by Planning Commission
ZA = Conditional use p ermit approved by Z oning Adminis trator
TU= Temporary use permit
P/U = Requires conditional use permit on site of conditional u se
-= N ot Pe1mitted
194
Additional
IG IL RT Provisions
Residential
Groun Residential PC PC PC (I)
Public and Seminublic (A)(L)
Communitv and Human Service Facilities p p p (K)
Dav Care, General ZA ZA ZA
Helinorts PC PC PC (N)
Maintenance & Service Facilities ZA ZA ZA
Public Safetv Facilities p p p
Reli,;,ious Assemblv ZA ZA ZA
Schools, Public or Private L-6 L-6 L-6
Utilities, Maior 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 Hosnitals ZA ZA ZA
Artists' Studios p p p
Banks and Savin,;,s and Loans L-1 L-1 L-1
Building Materials and Services p p p
Caterin,;, Services -p p
Conunercial Filmin,;, ZA ZA ZA
Commercial Recreation and Entertaimnent L-2 L-2 PC
Communication Facilities L-12 L-12 L-12
Eatin,;, & Drinkin11 Establislunents L-2 L-2 L-2
w/Live Entertaimnent ZA ZA ZA 'R)
w/Alcohol ZA ZA ZA
Food & Bevera11e Sales ZA ZA ZA
Hosnitals and Medical Clinics -PC PC
Laboratories p p p
Maintenance & Renair 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 Enriclunent L-9 L-9 L-9
Personal Services L-1 L-1 L-1
nuasi-Residential PC PC PC (J)
Research & Develonment Services p p p
195
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 rp)
Vehicle/Equipment Sales & Services
Service Stations L-4 L-4 L-4
Vehicle/Equipment Repair p p p
Vehicle/Equipment Sales/Rentals L-5 L-5 L-5
Vehicle Storage, 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 1H)(V)
Visitor Accommodations ZA ZA ZA
Warehouse and Sales Outlets L-8 L-8 L-8
Industrial (See Chapter 204) (B)(L)(M)
Industrv, Custom p p p
Industrv, General p p p
Industrv, Limited p p p
Industrv, 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 Space - -
p
Alcoholic Beverage Manufacturing p p p 'L-13)
Accessorv Uses
Accessorv Uses and Structures P/U P/U P/U (C)
Temporarv Uses
Commercial Filming, Limited p p p 'S)
Real Estate Sales p p p
Trade Fairs p p p 'E)
Nonconforming Uses (F)
IC, IL, and RT Distriets: ,\dditienal Previsions
L 1 Only allowed upon approval of a eonditional use permit by tile Zoning Administrator fur a
mixed use project, subjeet to tile fullowing requirements:
A. Minimum site area: three acres.
196
B. Maximum commercial space: 35% of the gross floor area and 50% of the ground floor
area of buildings fronting on an aiierial highvt1ay.
C . Phased development: 25% of the initial phase must be designed for industrial
occupancy. For prajects 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
SlliTounding industrial development as an ancillat)' use to a primary industrial use. When
designed for general public use, permitted after considering vehicular access and complying 1.vith
minimum parking requirements.
L 3 R~served.
L 4 Only fueling stations offering services primarily oriented to businesses located in an
Industrial District ai·e allowed 1.vith a conditional use permit by the Plar~'1ing Commission.
L 5 No new or used automobile, truck or motorcycle retail sales are permitted.
L 6 Only schools offering higher education curriculums rn·e allowed with conditional use permit
approval by the Planning Commission. No elementrn·y or secondary schools are pe1mitted.
L 7 R~cycling operations as an access01)' use are peimitted if more than 150 feet from R
districts; recycling operations as an accessory use less than 150 feet from R districts or recycling
operations as a primary use are allowed upon approval of a conditional use permit by the Zoning
Administrator. See Section 230.44 , R ecycling Operations.
L 8 Allov,red upon conditional use pe1mit approval by the Planning Commission when a single
building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial.
The primary tenant shall occupy a minimum 95% of the floor rn·ea and the remaining 5% may be
occupied by secondm)' tenants.
L 9 Permitted if the space is 5,000 square feet or less; allowed by conditional use permit from
the Zoning Administrator if the space is over 5,000 square feet.
L 10 Accessory administrative, management, regional or headquarters offices incidental to a
primary industrial use within the IG and IL Districts m·e limited to 10% of the floor rn·ea of the
primm)' industrial use. Access01)' office uses incidental to a primary use within the Rf District
m·e limited to 30% of the floor area of the primffi)' use.
Accessory office spaces e>weeding the limits above shall require a conditional use permit to the
Zoning Administrator supported by a prn·king demand study for all uses on site.
Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, e>wept for
on site leasing offices, rn·e not permitted in any Industrial Disu·ict.
197
L 11 Allowed subject to the following r e quirements:
1\.. A proposed se)c 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 se)c oriented
business. For purposes of these requirements, all distances shall be measured from the lot
line of the proposed se)c oriented business to the lot line of the sensitive use or the other
SC), oriented business. The term "residential use" means any property :wned RL, RM, R}.ffi,
RH, R}.4P, and any propeiiies 1n1ith equivalent designations under any specific plan.
To determine such distances the applicant shall submit for reviev,r a straight line drawing
depicting the distances from the lot line of the parcel of land on 1.vhich the se>, oriented
business is proposed 1.vhich includes all the proposed parking and:
1. The lot line of any other sex oriented business within 75 0 feet of the 1 et line of the
proposed se>, oriented business; and
2. The lot line of any building used for religious assembly, school, or park and
r ecreational facility 1.vithin 500 feet of the lot line of the proposed se)c oriented
business; and
3. The lot line of any parcel of land :con ed RL, RM, R}.ffi, RH, and R}.4P and any
parcels of land with equivalent designations under any specific plans within 500 feet of
the lot line of the proposed se)c oriented business.
B. The front fa9ade of the building, including the entrance and signage, shall not be
visible from any major, primary or secondruy ru-terial 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 Depruiment staff revie1.v of a se)c oriented business :coning p ermit with the
drai.ving described in subsection A, a technical site plan, floor plans ru1d building elevations,
and application fee. Within 10 days of submittal , the Di.rector shall determine if the
application is complete. If the application is deemed incomplete, the applicant may resubmit
a completed application within 10 days. Within 30 days of receipt of a completed
application, the Director shall dete1mine if the application complies vt'ith the applicable
development and performance standards of the Huntington Beach Zoning and Subdivision
Ordinance. Said standards include but are not limited to the following:
1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 23 0, Site
Standru·ds; Chapter 231, Off Street Pru·king and Loading Provisions; Chapter 232,
Landscape Improvements; and Chapter 236, Nonconforming Uses and Structures.
2 . Section 233.08 (B), Signs. Signage shall conform to the standru·ds of the
Huntington Beach Zoning and Subdivision Ordinance except:
198
a. Such signs shall contain no suggestive or graphic language, photographs,
silhouettes, drawings, statues, monuments, sign shapes or sign projections, or
other graphic representations, 1.vhether clothed or unclothed, including without
limitation representations that depict "specified anatomical areas" or "specified
sexual activities"; and
b. Only the smallest of the signs p ermitted 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, vlith the exception of Argosy Drive.
3. Compliance with Huntington Beach Municipal Code Chapter 22Q.
D. The Director shall grant or deny the application for a seJc oriented business z;oning
permit for a sex oriented business. There shall be no administrative appeal from the
granting or denial of a permit application thereby permitting the applicant to obtain prompt
judicial revie,v.
E. Ten \vorking days prior to submittal of an application for a seJc oriented business
wning pe1mit for staff review, the applicant shall: (1) cause notice of the application to be
printed in a newspaper of general circulation; and (2) give mailed notice of the application
to property owners \Vithin 1,000 feet of the proposed location of the seJc oriented business;
and (3) the City of Huntington Beach, D epartment of Community Development by first
class mail.
The notice of application shall include the following:
1. Name of applicant;
2. Location of proposed seJc oriented business, including street address (if known)
and/o r lot and tract number;
3. Nature of the seJc oriented business, including maximum height and s quare
footag e of the proposed de velopment;
4. The City Hall telephone number for the Department of Community Development
to call for viewing plans;
5. The date by which any comments must be received in \Vriting by the Depaiiment
of Community Development. This date shall be 10 working days from staff review
submittal; and
6. The address of the Depai·tment of Community Development.
F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a
special sign pe1mit pursuant to Chapter 233.
199
G . fi seJE: · .1 , i. onenteu business zonin . date of approval un1 . g penrut shall become n 11 d . ess. u an vmd one year after its
1. . Construction has commenced . ·.vruchever comes first· or or a certificate of occupanc:v has b . ' J een issued,
2. The use is established .
H. The "alid'ti. f · ~h/ 0 a seJ{ oriented b · . m ownership or proprietorshi . ,,.usmess zorung permit shall not
the Direaler ef the t, ji p pt0,1ded tliat the HeW ewne ~e afleeled l,y elaa!!ges ans~. r or propnetor promptly notifies
~-. A se~ oriented business zonin . 1s discontmued for
12
. g permit shall lapse if the . . . consecutive months. eJcmc1se of nghts granted by it
L 12 For 1vvireless conununicat· ... Facilities. All other com . w_n famhties see Section 230 96 ur 1 .murucat10n facilities permitted. . , wife ess Communication
L 13 A 1 h 1· n1co o 1C Beverage M fr . . anu actunng Requirements.
1. Alcoholic Beverage Manu . · nnang for public sales or service are permitted . facturmg uses without eating and d . ·u .
2 A • • 1 1. mronmum I 000 , square f; t f · busi_ness shall be permitted th.re ~e o ~doo_r ~d/or outdoor eatin an
NollfiOO!iea p.....,aat le Cl, t Hg),""' ,dtrumslroti¥e Pemiil ,.,jthgN _d :nal<mg area pe, ap er 241. n e1g borhood
3 · Indoor and/ d bus·or out oor eating and drinl. mess shall require a cond'f 1 -Ong areas greater than 1 000 i wna use permit by the z . A • ' • square feet per
( • ) R onmg ' .dmmislrolor
1 1. epealed. ·
EB1 6 d' · , .. con itional use permit from th . enlargement of an existin e Zornng Administrator is re .
loealed within 150 reet of use, or e,nerier alteratioHS and additio ~d re, Bflj' new use Of
no Sllbstamial e!ian . an R chs!£1ct. The Diree!O< ma . , . , . ,, flS ~• an e<islmg use
prnperty in an R Di~::::, the eliaraeler of the use wl>ieh =o~: :::a t!Hl, ~qulfemellt if the,e is · ~c a Jacent residential
(q Accessory office uses . . of the primru , . d . gr eatel than the ma'Glllurn 11 Mministral~ :::::~ use :all require a eo~itional ::;;n=.e:entage of tlae floor a,ea
parki,ig re, aH use, eenla:~d ::;"' s;udy demo-aliflg tlae a~ Pthe}Offiftg . 1 e. ro v1s1on of on site
(D1 In IG and IL Districts onl , co . office, not to exceed 250 Y, mmercial space excludin b .
eonditiOflal use pefffiit~'o of te floor area oftlae primary iruig :'.'~"'.'" oruJ proressioeal om h e Zonm g Administrator, provi:sd ~ u~e: i~ allov1ed with a e at it is mtended primarily
200
to serve employees of the industrial use, no eJCterior signs advertise the adjunct use, the
adjunct use is physically separated from the primary industrial use, and the primary
industrial fronts on an rn:terial.
(E) See Section 241 .22, Temporrn:y Use Permits.
(F) See Chapter 236, Nonconforming Uses and Structl:Ji'es.
(G) R~served.
(H) Permitted pursuant to an i\.dministrative Peimit if the property is 300 feet or more
from a parcel used or zoned for residentia l development. Pe1mitted pursuant to a conditional
use pe1mit from the Zoning Administrator if less than 3 00 feet from a parcel used or zoned
for residential development.
(I) Limited to facilities serving vmrkers employed on site.
(J) Limited to single room occupancy uses. (See Section 230.46.)
(K) Limited to emergency shelters. (See S ection 230.52, Emergency Shelters.)
(L) Devel opment 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 e>usting building's floor area; or
additions to buildings on sites located within 300 feet of a residential zone or use for a
pe1mitted use r equires approval of a conditional use pennit from the Zoning Administrator.
The Community Devel opment Director may refer any proposed addition to the Zoning
Administrator if the proposed addition has the potential to impact residents or tenants in the
vicinity (e.g., increased noise, traffic).
(M) Major outdoor operations require conditional use permit approval by the Planning
Commission. Maj or outside operations include storage yards and uses utilizing more than
one third of the site for outdoor operation.
(N) See Section 230.4 0 , Helicopter Takeoff and Landing Areas.
(0) See Section 230.44 , Recycling Operations.
(P) See Section 230 .50, Indoor Sv,ap Meets/Flea Mrn·kets.
(Q) See L 11 (A) relating to locational r es trictions.
(R) Non amplified live entertainment greater than 300 feet from a residenti al zone or use
shall be permitted without a conditional use permit. Neighborhood Notification
requirements when no entitlement required pursuant to Chapter 241.
201
(S) Sub:ject to approval by the Police Depmiment, Public 'Narks Department, and Fire
Depmiment and the Community Development Director.
(T) In all districts, storage areas shall be screened from viev, on all sides by a solid wall
made of either block, masorn·y , wood, vinyl or other similar material. The wall shall not be
less than si>c feet in height and set back a minimum 10 feet from abutting streets with the
entire setback m·ea 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, masomy, v,rood, vinyl or
other similm· material. The wall shall include a minimrnn 10 foot return on all sides. The
wall shall not be less than si>c feet in height and set back a minimum 10 feet from abutting
streets with the entire setback area permanently landscaped and maintained.
(V) In all districts, storage areas shall be screened from viev,r on all sides adjacent to a
public right of way by a solid 1tvall made of either block, masorn:y, 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 sue feet in height and set back a minimum 10 feet from abutting streets
with the entire setback m·ea 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 Pm·king Area Plan. See Section 23 1.26.
202
ORDINANCE NO. 4332
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 BY ADDING NEW SECTION 230.54
ENTITLED "SMOKE OR TOBACCO SHOPS"
(ZONING TEXT AMENDMENT NO. 25-001)
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. 25-00 I, which amends Chapter
230 of the Huntington Beach Zoning and Subdivision Ordinance involving Citywide site
standards; and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION I. Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance is
hereby amended to add new Section 230.54 Entitled "Smoke and Tobacco Shops" to read as
follows:
230.54 SMOKE OR TOBACCO SHOPS
APPLICABILITY. This section applies to all smoke or tobacco shops permitted within this
Zoning and Subdivision Ordinance and for all applicable areas located within specific plans,
subject to the following requirements:
A. Definitions.
Smoke or Tobacco Shop. Any premises dedicated to the display, sale, distribution,
delivery, or offering of tobacco, tobacco products, or tobacco paraphernalia, except grocery
stores, supermarkets, convenience stores, or similar uses that only sell conventional cigars,
cigarettes, e-cigarettes or tobacco as an accessory tobacco sale use. "Accessory tobacco sale
use" means an accessory use at a grocery store, supermarket, convenience store, or similar
primary use, where no more than ten percent ( I 0%) of a business' floor area is devoted to sales,
display, and storage of conventional cigars, cigarettes, e-cigarettes or tobacco.
Tobacco paraphernalia. Cigarette papers or wrappers, pipes, holders of smoking
materials of all types, cigarette rolling machines, and any other item designed for the smoking,
preparation, storing, or consumption of tobacco products.
203
ORDINANCE NO. 4332
Tobacco product. Any substance containing tobacco leaf, including, but not limited to,
cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus,
bidis, or any other preparation of tobacco; and any product or formulation of matter containing
biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise
distributed with the expectation that the product or matter will be introduced into the human
body, but does not include any cessation product specifically approved by the United States Food
and Drug Administration for use in treating nicotine or tobacco dependence.
Youth-populated area. A parcel in the City that is:
1. Occupied by a private or public kindergarten, elementary, middle, junior high, or high
school;
2. Occupied by a licensed child-care facility or preschool as defined in California Health
and Safety Code Section 1596.78;
3. Occupied by a library open to the public;
4. Occupied by a playground open to the public;
5. Occupied by a youth center;
6. Occupied by a recreational facility open to the public; or
7. Occupied by a park open to the public.
B. Minimum Standards.
Other Regulations. Compliance with all other state and federal laws regulating smoke
or tobacco shops.
Residential Zone. Smoke or tobacco shops shall not be pe1mitted in any locations zoned
exclusively for residential uses.
Adjacent Uses. No smoke or tobacco shop shall be located within 1,000 feet of a hospital
or youth-populated area. The distance requirement shall be measured by a straight line from the
nearest point of the property line of the site of a youth-populated area to the nearest point of the
prope11y line of the site of the applicant's business premises.
Concentration of Uses. No smoke or tobacco shop shall be located within 1,000 feet of
another smoke or tobacco shop. The distance requirement shall be measured by a straight line
from the property lines of each use.
No Smoking on Premises. No smoking shall be permitted on the premises at any time.
Windows and Lighting. No more than 20% of the visible area ofa window shall be
obscured and adequate interior lighting levels shall be maintained during business hours to
maintain clear visibility of tobacco shop operations from the exterior of the tenant space.
2
25-15852/368428
204
ORDINANCE NO. 4332
Signage. Smoke or tobacco shops shall post clear signage stating that minors may not
enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall
be placed in a conspicuous location near each public entrance to the smoke or tobacco shop. It
shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to
cause to be displayed or maintained, such signage.
Nonconforming Retailers . Existing smoke or tobacco shops that do not comply with this
chapter may remain on site after the effective date of the ordinance and shall not be resumed,
r eestablished, or reopened after it has been abandoned, discontinued or changed to a conforming
use. See Chapter 236, Nonconforming Uses and Structures.
SECTION 2. All other provisions of Chapter 230 not modified herein shall remain in
full force and effect.
SECTION 3. This ordinance s ha ll 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 __________ , 2025 .
Mayor
ATTEST: APPROVED AS TO FORM:
t 1 ,:,, lJ .:::= _
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Manager
3
25-15852/368428
City Council Meeting – Council Member Items Report
To: City Council
From: Casey McKeon, Council Member
Date: September 3, 2024
Subject: Est ablish Tobacco Retailer Regulations
2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov
ISSUE STATEMENT
Tobacco use is the most preventable cause of disease, disability, and death in the United
States; nearly one in five deaths in the U.S. can be attributed to cigarette smoking.
Statistics show that tobacco product use is started and established primarily during
adolescence. In 2023, 10 percent of middle and high school students reported current
tobacco product use. E-cigarettes remained the most used tobacco product among
youths. Among middle school and high school students who currently use e-cigarettes,
25.2 percent used e-cigarettes daily, and 89.4 percent used flavored e-cigarettes. The
density of tobacco retailers, particularly in neighborhoods surrounding schools, has been
associated with increased youth smoking rates. Studies further show that 41 percent of
U.S. teens lived within .5 mile of a tobacco retailer and 44 percent attended schools
within 1,000 feet of a tobacco retailer. Frequent exposure to tobacco retail displays has
also been associated with increased smoking initiation among youth and negative
impact on tobacco quit attempts.
To reduce illegal sales of tobacco products to minors, California has recently passed
policies to further regulate the sale of tobacco in the retail environment. Many cities and
counties have passed additional policies to implement state laws and regulations. Some
jurisdictions have placed restrictions on what retailers can and cannot sell and where
retailers can be located in order to counter efforts to attract new (younger) customers.
Several residents have reached out to me expressing concern over the proliferation and
cluster of tobacco retailers, especially near youth populated areas.
The Huntington Beach Zoning and Subdivision Ordinance (HBZSO) does not explicitly
identify tobacco retailers (including smoke or tobacco shops) within the land use tables
in the City’s zoning districts; therefore, these uses may be permitted as general retail uses
which are allowed by right. In light of the above statistics, the City should adopt an
ordinance to regulate these uses by:
• Defining the uses to be regulated
o Define “tobacco retailers”
o Define “tobacco product or paraphernalia”
o Define "youth-populated area”
205
•. CITY OF
_ HUNTINGTON BEACH
2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov
• Establishing minimum zoning standards for the land uses
o Prohibit new tobacco retailers at any location exclusively zoned for
residential use
o Prohibit new tobacco retailers within a certain distance of youth-populated
areas, including schools
o Establishing minimum distance requirements between tobacco retailers
RECOMMENDED ACTION
Direct the City Manager to work with the City Attorney to prepare an Ordinance for
introduction at a future City Council Meeting to amend the HBZSO to establish regulations
for tobacco retailers Citywide.
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 not potential for resulting in physical change to the
environment, directly or indirectly.
STRATEGIC PLAN GOAL
Non Applicable - Administrative Item
206
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. 25-001 (SMOKE/TOBACCO SHOP
REGULATIONS)
REQUEST:
To amend four chapters of the Huntington Beach Zoning and
Subdivision Ordinance to primarily introduce regulations for
smoke/tobacco shops. The chapters to be amended are Chapter
204 (Use Classifications), Chapter 211 (C Commercial Districts), and
Chapter 230 (Site Standards). Chapter 212 (I Industrial Districts) is
also being amended to remove duplicate text.
LOCATION:
Citywide
..body
APPLICANT:
City of Huntington Beach
PROPERTY
OWNER:
Various
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.
B) Recommend approval of Zoning Text Amendment (ZTA) No. 25-001 to the City
Council with suggested findings (Attachment No. 1).
..end
ALTERNATIVE ACTION(S):
A) Recommend denial of Zoning Text Amendment No. 25-001 with findings for denial;
or
B) Continue Zoning Text Amendment No. 25-001 and direct staff accordingly.
PROJECT PROPOSAL:
207
Background:
To reduce illegal sales of tobacco products to minors, California has passed policies to
further regulate the sale of tobacco in the retail environment. Many cities and counties
have passed additional policies to implement state laws and regulations. Some
jurisdictions have placed restrictions on what retailers can and cannot sell and where
retailers can be located in order to counter efforts to attract new (younger) customers . In
an effort to prevent the proliferation and cluster of smoke or tobacco retailers, especially
near youth populated areas, the City Council directed staff (Attachment No. 6) to draft the
necessary amendments to the HBZSO to define and add regulations for smoke/tobacco
shops within the City.
ZTA No. 25-001 represents a request to amend and update certain sections of the
Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to add regulations for
these uses:
Chapter 204 (Use Classifications)
Chapter 211 (C Commercial Districts)
Chapter 230 (Site Standards)
In addition to the proposed regulations, this ZTA also includes an amendment to Chapter
212 (I Industrial Districts) unrelated to smoke/tobacco shops. This portion of the ZTA will
remove duplicative text within this chapter.
Draft City Council ordinances with legislative drafts of the amendments to each chapter
are provided (Attachment Nos. 2-5). In the legislative drafts, bold and underlined
indicates new text; strikeout indicates removal of text.
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 con sistent 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-2(D): Maintain and protect residential neighborhoo ds by avoiding
encroachment of incompatible land uses.
208
Goal LU-11: Commercial land uses provide goods and services to meet regional and local
needs.
The proposed ZTA will define and regulate smoke/tobacco retail shops in a manner that
will ensure new shops are compatible with surrounding uses. The proposed regulations
will restrict smoke/tobacco shops to commercially zoned properties while prohibiting them
in any primarily residentially zoned areas. Smoke/tobacco shops will be required to
maintain a 500-foot separation from sensitive uses, such as hospitals and youth-oriented
areas, as well as other smoke/tobacco shops. The proposed regulations will continue to
allow tobacco/smoke shops to operate in designated areas of the city while meeting the
community’s desire of limiting the overexposure of this use to young people.
The proposed amendment to Chapter 212 will removed duplicative text only and does not
propose any changes to the land use controls or development standards of that chapter.
Zoning Compliance:
Zoning Text Amendment
The following analysis provides a review of the proposed amendments in two sections
consisting of an introduction of regulations for smoke/tobacco shops and minor language
cleanup to delete duplicate information.
A. Smoke/Tobacco Shops
The HBZSO does not explicitly identify tobacco retailers (such as smoke/tobacco shops)
within the land use tables in the City’s zoning districts; therefore, these uses may be
permitted as general retail uses which are allowed by right, with no additional regulations.
The proposed ordinance regulates smoke/tobacco shops by amending three sections of
the HBZSO, as discussed below.
Section 230.54 Smoke or Tobacco Shops
In effort to address the issues raised by the City Council such as concerns with high
concentrations of smoke/tobacco shops adjacent to residential and youth populated area,
a new code section was added to Chapter 230 (Site Standards) to introduce standards
for smoke/tobacco retail shops. These standards include:
Specifying the allowable locations/zones for shops (Commercial General and
Commercial Visitor zones as well as applicable commercial areas within specific
plans)
Prohibiting use in locations zoned exclusively for residential uses
500-foot separation from youth-populated areas and sensitive uses (hospitals)
500-foot separation between other smoke/tobacco businesses to minimize an
overconcentration
209
Defining items applicable to smoke/tobacco shops such as “tobacco paraphernalia”,
“tobacco product” and “youth-populated areas”
Prohibiting smoking on premise
Window and lighting standards for improved visibility
Additional signage prohibiting minors
Process for non-conforming shops
These new standards will continue to permit smoke/tobacco shops with regulations that
ensure these uses are limited to commercial zones, away from residentially zoned areas.
The proposed distance requirements will guarantee adequate separation from areas used
by children and between other smoke/tobacco shops. Limiting the proximity of
smoke/tobacco shops to youth-populated areas and similar retailers are place-based
strategies recommended by health advocates to limit youth exposure to tobacco products.
The new definitions will provide guidance in identifying the allowable items that may be
sold within smoke/tobacco shops. “Youth-populated areas” are also defined in this
amendment to list the areas which have a 500-foot distance requirement from
smoke/tobacco shops. Some of these areas include all PreK -12 schools, child-care
facilities, libraries, and parks.
Windows and lighting standards have been added to ensure windows are not covered
more than 20% and adequate lighting is available to see the interior of a store from the
exterior.
Clear signage will be required to be posted in these shops to prohibit unaccompanied
minors from entering these businesses. Smoking on the premises is also prohibited with
this amendment.
Finally, non-conforming shops will be permitted to remain unless the smoke/tobacco shop
changes use or is abandoned or discontinued for six months as described in Chapter 236
(Nonconforming Uses and Structures) of the HBZSO.
Section 204.10 Use Classifications
The use classification of Retail Sales has been amended to include a separate listing for
smoke/tobacco shop for the purposes of identifying allowable land uses subject to the
smoke/tobacco shop regulations proposed in this amendment.
Section 211.04 CO, CG, and CV Districts – Land Use Controls
The land use control table has been amended to reflect the areas where smoke/tobacco
shops may be permitted subject to the new regulations.
B. Language Clarification and Cleanup
The following item is amended for cleanup purposes unrelated to smoke/tobacco shops.
210
Section 212.04 IG, IL, and RT Districts – Land Use Controls
The provisions listed after the land use control table of this section of the HBZSO have
been deleted as they already exist in the following section of the code, Section 212.05
Additional Provisions.
Environmental Status:
ZTA No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501,
Class 20, which supplements the California Environmental Quality Act because the
request is a minor amendment to the zoning ordinance that does not change the
development standards intensity or density.
Coastal Status:
The proposed amendment will be forwarded to the California Coastal Commission as a
minor Local Coastal Program Amendment for certification.
Other Departments Concerns and Requirements:
The proposed amendments to the City’s existing ordinance were prepared with input from
the City Attorney’s Office and the Code Enforcement Division.
Public Notification:
Legal notice was published in the Huntington Beach Wave on Wednesday, January 22,
2025, and notices were sent to individuals/organizations requesting notification (Planning
Division’s Notification Matrix). In lieu of sending notices to all property owners within the
City, a minimum 1/8 page advertisement was published. As of February 4, 2025, no
communication regarding this request has been received .
SUMMARY:
Staff recommends that the Planning Commission recommend approval of Zoning Text
Amendment No. 25-001 with suggested findings and forward to the City Council based
on the following:
It addresses a community need to prevent the proliferation and cluster of
smoke/tobacco retailers, especially near youth populated areas;
Cleans up the HBZSO to improve clarity; and
Consistent with General Plan goals and policies.
ATTACHMENTS:
1. Suggested Findings of Approval – ZTA No. 25-001
2. HBZSO Chapter 204 (Use Classifications) – Draft Ordinance and Legislative Draft
3. HBZSO Chapter 211 (C Commercial Districts) – Draft Ordinance and Legislative
Draft
4. HBZSO Chapter 212 (I Industrial Districts) – Draft Ordinance and Legislative Draft
5. HBZSO Chapter 230 (Site Standards) – Draft Ordinance and Legislative Draft
6. City Council H-Item dated September 3, 2024
7. PowerPoint Presentation
211
From:Amory Hanson
To:De Coite, Kim
Subject:Supplemental Communication to Huntington Beach Planning Commission
Date:Monday, February 10, 2025 6:26:57 PM
You don't often get email from amory.hanson2016@gmail.com. Learn why this is important
I would like to express my support for the tobacco regulations zoning text amendment.
Sincerely Yours,
Mr. Amory Hanson
212
I
ZONING TEXT
AMENDMENT
NO. 25-001
SMOKE/TOBACCO SHOPS
March 18, 2025
213
REQUEST
• Zoning Text Amendment (ZTA) No. 25-001:
• Amend four chapters of the HBZSO
• Smoke/Tobacco Shop Regulations
• Define Smoke/Tobacco Shop
• Prevent overconcentration of use
• Reduce exposure to sensitive uses
• Chapter 212 - Delete duplicate text
214
PURPOSE & BACKGROUND
• Cities and counties have passed additional policies to
implement state laws and regulations regarding tobacco
retailers
• Many jurisdictions restrict:
• What retailers may sell
• Where retailers may be located
• Counter efforts to attract new (younger) customers
• HBZSO does not identify tobacco retailers (smoke/tobacco
shops)
• Permitted by right
• City Council directed staff to draft standards to regulate
these uses
•Public hearing held February 11, 2025
215
SMOKE/TOBACCO SHOPS
• Section 204.10 Use Classifications
• Retail Sales amended to include the definition of
smoke/tobacco shop
• Identify use
• Establish what may be sold under use classification
• Section 211.04 CO, CG, and CV Districts - Land Use Controls
• Land use control table amended to identify where
smoke/tobacco shops may be permitted
216
SMOKE/TOBACCO SHOPS CONT.
• Section 230.54 Smoke/Tobacco Shops
• Added standards to regulate newly defined Smoke/Tobacco
Shops
• Definitions
• Lists items sold in shops
• Defines youth-populated area
• PreK-12 schools; child-care facilities, libraries; parks; youth
centers (e.g. – Boys & Girls Club)
• Location:
• Limited to commercial zones; residential zones prohibited
• Will continue to be allowed in zones where they are
currently allowed
• 1,000-foot separation from hospitals and youth-populated
areas
217
SMOKE/TOBACCO SHOPS CONT.
• Section 230.54 Smoke/Tobacco
Shops
• Site Standards
• Signage to prohibit minors
• Visible window area and
interior lighting
• Smoking prohibited on premise
• Nonconforming Shops
• Permitted unless
• changes use; cannot revert
back
• abandoned or discontinued
for six months
218
NOTICE
CHILDREN
UNDER18
MUST BE
ACCOMPANIED
BY A PARENT
OR LEGAL
GUARDIAN
RECOMMENDATION
• Planning Commission and Staff recommend approval of
Zoning Text Amendment No. 25-001 based on the following:
• Consistent with General Plan goals and policies.
• Cleans up the HBZSO to improve clarity;
• It addresses community need to prevent the proliferation
and cluster of smoke/tobacco retailers, especially near
youth populated areas
219
Questions?
220
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-202 MEETING DATE:3/18/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Travis Hopkins, City Manager
PREPARED BY:Marissa Sur, Director of Human Resources
Subject:
Adopt Resolution No. 2025-26 appointing Robert Torrez as Interim Chief Financial Officer and
approving the Employment Agreement.
Statement of Issue:
The City is in the process of conducting a recruitment to fill the Chief Financial Officer vacancy. The
City Manager recommends City Council approve the appointment of Robert Torrez as Interim Chief
Financial Officer until the recruitment process for a permanent Chief Financial Officer concludes.
Financial Impact:
No additional funding is requested. Funding is included in the FY 2024-25 budget.
Recommended Action:
A) Adopt Resolution No. 2025-26, “A Resolution of the City Council of the City of Huntington Beach
Appointing Robert Torrez as Interim Chief Financial Officer;” and
B) Approve and authorize the City Manager to execute the “Employment Agreement between the
City of Huntington Beach and Robert Torrez”
Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
The City is conducting a recruitment to fill the position of Chief Financial Officer. To maintain the
integrity of the City’s services and provide executive leadership to the Finance Department, it is
recommended that City Council approve the appointment of Robert Torrez to serve as the Interim
Chief Financial Officer through the conclusion of the recruitment process. The adoption of Resolution
No. 2025-26 and the execution of Robert Torrez’s Employment Agreement is required by CalPERS
for employment of retired annuitants at the Department Head/Executive level pursuant to
Government Code Section 21221(h).
City of Huntington Beach Printed on 3/12/2025Page 1 of 2
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File #:25-202 MEETING DATE:3/18/2025
Torrez has over 30 years of experience in Public Finance, including employment with multiple
Southern California public agencies at the Executive level and Interim positions.
The hourly compensation for the position of Chief Financial Officer is the Non-Associated Range NA
0269, at $108.03 per hour with no City-provided benefits. The interim appointment of Torrez is
compliant with California Government Code Section 21221(h).
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
Attachment(s):
1. Resolution No. 2025-26
2. Robert Torrez Employment Agreement
3. Robert Torrez Resume
4. Interim Chief Financial Officer Employment Agreement Presentation
City of Huntington Beach Printed on 3/12/2025Page 2 of 2
powered by Legistar™
222
223
RESOLUTION NO. 2025 -26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH APPOINTING ROBERT TORREZ AS INTERIM
CHIEF FINANCIAL OFFICER
WHEREAS, Government Code Section 21221(h) of the Public Employees' Retirement
Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring
specialized skills during recrnitment for a permanent appointment, and prnvides that such
appointment will not subject the retired person to reinstatement from retirement or loss of benefits
so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the City Council of the City of Huntington Beach desires to appoint Rober(
Tonez as an Interim appointment retired annuitant to the vacant position of Chief Financial Officer
for the City of Huntington Beach under Govemment Code 2122l(h), effective March 31, 2025;
a~ .
WHEREAS, an appointment under Govenunent Code Section 21221(h) requires the retiree
is appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the goveming body has authorized the search for a permanent appointment
on August 13, 2024, and
WHEREAS, this Govenunent Code Section 2122l(h) appointment shall only be made
once and therefore will end on the pay period end date immediately preceding the beginning of the
pay period of the permanent appointment, or by not later than March 3 I, 2026, whichever is earlier;
and
WHEREAS, the entire employment agreement, contract or appointment document
between Robert Torrez and the City of Huntington Beach has been reviewed by this body and is
attached herein; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed
the maximum monthly base salary paid to other employees performing comparable duties, divided
by 173.333 to equal the hourly rate; and
WHEREAS, the maximum monthly base salary for this position .is $18,724.84 and the
houdy equivalent is $108,03; the minimum monthly base salary for this position is $13,972.13 and
the hourly equivalent is $80,6 I; and
WHEREAS, the hourly rate paid lo Robert Torrez will be $108.03; and
WHEREAS, Robert Torrez has not and will not receive any other benefit, incentive,
compensation in lieu of benefit 01· other form of compensation in addition to this hourly pay rate;
and
224
RESOLUTION NO, 2025-26
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Huntington Beach hereby certifies the nature of the employment of Robert Torrez as described
herein and detailed in the attached employment agreement/contract/appointment document and
that this appointment is necessary to fill the critically needed position of Chief Financial Officer
for the City of Huntington Beach by David Cain, because the City of Huntington Beach requires
experienced Financial oversight at the department head level for the Finance Department serving
a foll service organization consisting of eleven departments and approximately 1,500 full time and
part time employees,
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
special meeting thereof held on the~ day of __ 2025.
Mayor
REVIEWED AND APPROVED:
City Manager City Attorney
INITIATED AND APPROVED:
Director of Human Resources
2
25-16145/371657
225
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND ROBERT TORREZ
THIS AGREEMENT is entered into this 18 th day of March 2025, between the City of
Huntington Beach, a Charter City and California municipal corporation ("City,") and ROBERT
TORREZ, ("Torrez"),
RECITALS
The City Manager may, appoint an Interim Chief Financial Officer to assist the City, at
such salaries or compensation as the Council may by ordinaucc or resolt1tion prescribe; and
The City desires to temporarily employ the services of Torrez as an Interim Chief Financial
Officer of the City of Huntington Beach; and
It is the desire of the City to provide certain compensation, establish certain conditions of
employment, and to set working conditions of Torrez; and
It is the desire of the City to:
(1) Secure and retain the services of Torrez on a temporary basis as set forth herein,
and to prnvidc inducement for him to remain in such employment; and
(2) To prnvide a means for terminating Tol'l'ez's service at such time as he may be
unable fully lo discharge his duties, the law requires, or when City may otherwise desire to
terminate his employ; and
By entering this Agreement, Torrez desires to accept employment as an Interim Chief
Financial Officer of the City.
NOW, THEREFORE, in consideration of the mutual covenmits here contained, the parties
agree as follows:
SECTION 1. DUTIES. City agrees to employ Torrez as an Interim Chief Financial
Officer of the City to perform the f1.mctions and duties of that office including under City
Manager's direction, generally providing department management and oversight as further set
forth in the Class Specification of Chief Financial Officer attached hereto as Exltibit "A," the
Municipal Code of the City of Huntington Beach and the City Charte1·, and to perform other legally
226
permissible duties and functions as Chief Financial Officer as the City Manager shall from time-
to-time assign. Torrez shall devote his foll attention and effort to the office and perform the
mentioned duties and functions in a professional maimer,
SECTION 2, STATUS AND TERM.
(a) Torrez shall serve for a definite term of one year commencing March 31, 2025, and
ending on the pay period end date immediately preceding the beginning of the pay period of the
permanent appointment, or by not later than March 31, 2026 (Temporary Basis). Notwithstanding
the Term of Employment, Torrez shall serve at the pleasure of the City Manager and shall be
considered an at-will employee of the City in the capacity of retired annuitant, in compliance with
all requirements and limitations as listed in Government Code Sections 7522.56 and 21221(h), and
any other relevant provisions of law, commencing upon execution of this agreement, and not to
exceed a term of one (1) year, Torrez's total work hours from the effective date of this Agreement
through March 31, 2026 shall not exceed nine hundred sixty (960) hours per fiscal year, unless
mutually agt'eed-to by the City Manager and Torrez.
(b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City Manager to terminate the employment of Torrez at any time,
SECTION 3, SALARY. City agrees to pay Torrez for his services rendered pursuant to
this Agreement at Non-Associated Range NA0269, at $108.03 per hour (hourly salary), of the
City's classification and compensation plan or resolutions or ordinances from time-to-time enacted
that govern such compensation for the position of Chief Financial Officer.
SECTION 4. OTHER BENEFITS. Torrez shall receive no benefits other than his
hourly salary.
SECTION 5. TERMINATION.
(a) The City Manager may terminate the employment of Torrez at any time without
advance notice, without just cause, and without payment of severance.
(b) In the event Torrez voluntarily resigns, Torrez shall give the City seven (7) calendar
days written notice pl'ior to the last workday, unless the City Manager and Torrez otherwise agree.
2
227
( c) It is understood that after notice of termination in any form, Tol'l'ez and the City
will cooperate to provide for an orderly transition.
SECTION 6. FINANCIAL DISCLOSURE.
(a) Torrez slmll follow all State laws including the Political Reform Act. In furtherance
thereof, Torrez shall report to the City any ownership interest in real property within the County
of Orange, excluding personal residence, Such reporting shall be made in writing by Torrez to the
City within (en (10) calendar days of the execution of this Agreement and, further, within ten (10)
calendar days of acquisition of that interest in real property. Additionally, Torrez shall report in
writing to the City any financial interest greater than Ten Thousand Dollars ($10,000) in value in
a firm doing work for the City or from whom the City intends to make a purchase immediately
upon receipt of notice by Tol'l'ez of the intended work or purchase.
(b) In addition, Torrez shall annually complete and file a Form 700 Statement of
Economic Interest with the City Clerk.
SECTION 7, INDEMNIFICATION. City shall defend and indemnify Torrez any action,
including but not limited to any: tort, professional liability claim or demand, 01· other noncriminal
legal, equitable or administrative action, whether groundless or otherwise, arising out of an alleged
act or omission occurring in the performance of Torrez's duties as an employee or officer of City,
other than an action brought by City against .Torrez, or an action filed against City by Torrez. In
addition, the City shall reimburse Torrez documented reasonable expenses for the travel, lodging,
meals, of Torrez should Torrez be subject to such, should an action be pending after termination of
Torrnz. City shall be responsible for and have authority to compromise and settle any action, with
prior consultation with Torrez, and pay the amount of any settlement or judgment rendered on that
action. Torrez shall cooperate fully with City in the settlement, comp1·0111ise, preparation of the
defense, or trial of any such action.
SECTION 8. GENERAL l'ROVISIONS.
(a) The text herein, including recitals, shall constitute the entire Agreement between
the parties,
(b) This Agreement shall become effective upon execution of this agreement.
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( c) If any provision, or any portion of any provision, contained in this Agreement is
held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion
of it, shall be deemed severable, shall not be affected and shall remain in full force and effect.
(d) No amendment of this Agreement shall be effective unless in writing and signed by
both parties here.
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on
its behalf by City Council, and Tonez has signed and executed this Agreement, both in ouplicate,
the day and year first above written,
ROBERT TORREZ
APPROVED AS TO FORM:
\Lv' \J-~-c-
City Manager City Attorney
4
RROOBBEERRTT SS..TTOORRRREEZZ
EEDDUUCCAATTIIOONN
Completed various graduate courses in the MBA programs at Cal State Bakersfield and Cal Poly Pomona
California State Polytechnic University, Pomona, California Bachelor of Science Degree, Agronomy: 1976
Bakersfield Junior College, Bakersfield,
California
Associate of Arts Degree, Business Administration: 1970
EEXXPPEERRIIEENNCCEE
City of Upland 10/21 to 8/22
Financial Consultant
Completed several important projects including assisting in the development of a strategic plan to pay down the
City’s Unfunded Accrued Actuarial Liability with CalPERS, which included my suggestion of an internal bond
issue and use of reserves. Led the team (UW, BC, FA) that issued $15 million in Water Lease Revenue bonds
at very low rates; managed consultant studies of User Fees and Development Impact Fee updates; assisted
with ARPA reporting.
City of Placentia 3/20 to 6/22
Interim Finance Director/Financial Consultant
Served as Interim Finance Director until City filled the position. Continued with the City as Financial Consultant.
Accomplishments include creating the City’s first Fire Services Fee Schedule ahead of the City’s new Fire
Department becoming operational on July 1, 2020; completed the update to the Citywide fee schedule;
presented recommendations to City Manager and City Council regarding the sale of Pension Bonds and Public
Safety Facility Bonds; assembled and managed the financing teams (UW, BC, FA)for the City’s Lease Revenue
Pension Bonds, the Public Facility Bonds, Gas Tax Revenue Refunding Bonds, RDA Successor Agency
refunding bonds. In 2020, led the successful effort to obtain a City general bond rating upgrade to an A- from the
prior BBB; obtained a BBB+ rating on the pension bonds. Also led the 2022 effort that resulted in the City
receiving a credit upgrade to a AA- general bond/issuer rating, a somewhat rare three notch ratings increase
from 2020.
City of Avalon
Interim Finance Director 4/18 to 3/19
Responsible for all typical City finance department activities. The City was 1-2 years behind with numerous Federal,
State and Local Government reporting requirements and had not started work on its FY 17 annual audit. In addition,
no significant progress had been made in preparation of the FY 19 proposed budget. My senior accountant and I
prepared the draft proposed budget essentially during the month of May; it was submitted to the City Manager and
then City Council in June, 2018. All work that was in arrears was brought current and the FY 17 audit was
completed by the end of December, 2018. I also began restructuring the City’s investments, moving a portion of idle
cash from low yielding instruments to higher yielding investments. And, developed a strategy for City to avoid
paying several millions in two years into the landfill closure trust account.
City of Carson
Interim Finance Director 10/18 to 2/19
Directed a staff of 32 professionals in the day -to-day financial processes, including accounting, payroll, purchasing
and revenue management. Accelerated the process of eliminating a 12+ months’ backlog of outstanding vendor
payments. Assumed lead role in the conversion of the financial/HR automated systems from a legacy system to a
current state-of-the-art system. I was also tasked with structuring and managing the issuance of three City financing
bonds; at my recommendation, one of the bonds was placed on the back burne r (an RDA refunding of no benefit to
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ROBERT S. TORREZ
Page 2
the City). My recommendations w ere approved by the C ity Manager and subsequently the Mayor a nd Council to hire
financing teams for the other two bonds (assessment bond refunding and new money lease revenue bonds ). My
proposed financi ng structures w ere approved by C ity Council and confirmed by bond counsel and the underwriters .
Initiated the preparation of the D raft Proposed FY 20 budget, including the creation of a Budget Pr ep Team
(previously , the annual budget w as prepared by the Finance Director and one Analyst). Upon Council's approval of
my recommendation , I negotiated an ag reement with City's new t rash hauler to pay a portion of the franchi se fees
even though the trash hauler had not been allow ed (due to litigation} to initiate service Citywi de .
Ci ty of Compton
Interim City Controller 5/16 to 2/17
Directed the Controlle r Department. Functi ons included c itywide payroll , accounts payable, general accounting,
g rants accounting , internal audit, City budget. Also responsible for C ity debt management. Issued $16 m illion
TRANS and $30 m i llion Lease Revenue Refund ing bonds at attractive rates, unrated s ince the City lost its credit
rating in 2008. Developed a financia l pl an to address the City's signifi cant infrastructure needs. Completed the
2015 aud it (City w as beh ind w ith its annual audits). H ired and managed the externa l forensic aud it team that
determ ined that $4 m illion had been embezzled by T reasu rer Department employee. Streaml ined Controller
operations and w o rkflow .
City of Lynwoo .:------------------------------=-:-:~=--::-7:-::i rA s sis ta nt_Ci ty.Manag]!e.e!-------------------------~=J..'!!~&el
Reporti ng to the C ity Manager, provided adm inistrative direction and oversight to a ll C ity Departments. Served dual
role as Finance D irector w here responsib ilities incl uded all fi nancial processes, accounting , payroll , debt i ssuance ,
preparation of City's an nual budget. Refunded seve ral City and RDA bonds and issued new money bonds,
generating si gnificant upfront savings and new funds w hich enabled the C ity to repair and upgrade its w ater/sew er
system , construct a new, much needed City Hall, and fund infrastructure proj ects throughout the C ity. Brought
current the City's annual bond d isclosu res (C ity had not p roperly prepared and d istributed in prior years).
Coordinated and deve loped successful education prog ram w hich led to the voters approving the continuation of the
City's largest revenue, the Uti l ity Users ' Tax. Systematically updated C ity ord inances and processes to protect and
max im ize revenues and reduce costs. D irected the da ily operations of the C ity.
City of Burban --~~-~~-~-------------------~~~~ irector, DeP.,artment of Financial Services 4106 to 5108
Respons ible for financi al activities of all departments and prog rams, includ ing city budget preparation, accounti ng ,
payroll, collections , debt i ssuance and management, audits and specia l projects. Restructu red Pension Obl igation
Bonds , avoid ing significant cost i ncreases. Refunded Tax Allocation Bonds, generating $2 m illion i n upfront savings
in a w ay that enabled use for general c ity projects.
Southwest Securities, In --=------------------------~--~ Sr. Vice President, Public Finance 11/04 to 4106
Investment ban ke r for la rge financi al servi ces company, marketing the firm's bond issuance servi ces to local
government agencies. Developed the local office's marketing plan . Advised clients on financing and refund ing of
taxable and tax-exempt mun icipal bonds. Held Series 7 Registration.
City of Long Beach
CFO/Direc tor, DeP._artment of Financial Management 5194 to 6104 ,_ ____________________ _
Responsible for c itywide financial activ it ies including General City, Port of Long Beach , Long Beach A irport , Gas &
Water Util ities, Housing and Redevelopment Agency. Department operating budget totaled $17 mill ion and included
169 FTE employees; City budget totaled $1 .9 b ill ion and incl uded 5,000 FTE emp loyees. D irectly supervised 15
mid-and entry-level managers. The Department included the follow ing bureaus and programs :
Accounting/C ity Controller (payroll , grants , RDA, accounts payable , general accounting , special funds)
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ROBERT S. TORREZ
Page3
City Budget Development and Management
Util ity B ill ing, Collection , Customer Servi ce (water, sew er, gas, refuse, recycling )
All Other Bill ing and Collection
Business License
City Purchasing and Diversity Outreach
Parking C itations
City T reasury (investments, cash management, debt issuance and management)
Specialized CalPERS , Sales Tax, Property Tax Analysis a nd Advocacy
Legislative Review, Drafting and Advocacy
Intergovernmental Relations
Support to Labor Negotiations
Direct Support on Redeve lopment/Econom ic Development Strategies and Projects
Accomp lishments included (exampl es , not comprehensive):
Obtained "AAA" investment portfolio rating and "AA" underly ing bond issuer's cred it rating
$100 mill ion in negotiated CalPERS savings
$105 million in Pens ion Obl igation Bonds w hich resulted in "super fu nded" status w ith CalPERS
Negotiated development agreements and financed publ ic improvements for $120 m ill ion Aqua rium and $120
milli on w aterfront reta il/restaurant/ enterta in ment development
Negotiated and d rafted legislation that y ielded $1.5 m illion per year in sales tax for Long Beach
Developed multi -year deficit reduction strategy and re lated publi c outre ach compone nt
Structured and i ssued over $2 billion of debt financing, including creative structures w h ich generated significant
savings and/o r funds to finance c ritical C ity needs.
Managed the C ity's $4 b illion debt portfolio.
Established the City's first debt management policy and g reatly e nhanced investment policy, ahead of State
mandates.
Estab lished City's fi rst debt management comm ittee and investment committee .
Actively mentored ind ividuals who have gone on to achieve ca reer goals
Spoke at numerous finance and local government related conferences a nd w o rkshops, and lectured for several
un iversities on fi nancial ma nagement/debt i ssuance/performance measu rement.
Served on var ious State and National Comm ittees incl uding GFOA, CSMFO, League of Californ ia Cities (Rev &
Tax , and Development), and State Local Agency Investment Fund (LA IF) Board , appointed by then State
T reasu rer Phi l Angel ides.
City of Long Beach
Manager, Budget Management Bureau 10/88 -5194 '------------------------------
Planned, o rgan iz ed and directed the preparation a nd adm inistr ation of the C ity's $1 .9 bi lli on annual budget. Provided
staff support to the Director of Financia l Management and the C ity Manager; represented the City before
committees, profess io nal and citiz ens' g roups; short-and long-range forecasting; performed revie w s of City
operations; developed City operat ional and financial pol icies; development of fees, assessments and other revenue
generators; acted as D irector in the absence of department head.
Interim Chief
Financial Officer
Employment
Agreement
232
Contract Overview
•Serving in the capacity of retired annuitant in
compliance with the Government Code
•Term: Not to exceed one year; total hours worked not
to exceed 960 per fiscal year
•Compensation: $108.03 per hour
•Ineligible for benefits as a retired annuitant
233
Recommended Action
Adopt Resolution No. 2025-26, “A Resolution of the City
Council of the City of Huntington Beach Appointing Robert
Torrez as Interim Chief Financial Officer” and approve and
authorize the City Manager to execute the related employment
agreement.
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Questions?
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