Huntington Beach City Zoning Code
Title 20
Zoning Code-General Provisions
§ 201.02 Title.
§ 201.04 Components.
The zoning and subdivision ordinance shall have the following components:
A.
Zoning provisions, establishing various classes of zoning districts and area districts and governing the use of land and the placement of buildings and improvements within districts.
B.
A map or set of maps, known as the zoning map, delineating the boundaries of zoning districts and area districts within the City of Huntington Beach.
C.
Subdivision provisions governing the division of land within the City, supplementing provisions of the California Subdivision Map Act.
A copy of the zoning and subdivision ordinance and the zoning map, together with a record of all amendments, shall be kept on file with the City Clerk and shall constitute the original record. A copy shall also be kept on file with the Department of Community Development. |
§ 201.06 Purpose.
The purpose of the zoning and subdivision ordinance is to implement the policies of the City of Huntington Beach General Plan, and without limiting the Huntington Beach Charter authority regarding local control of land use, as provided in the California Government Code, Title 7, Division 1, Planning and Zoning, and Division 2, Subdivisions, and in the California Constitution, Chapter 11, Section 7. The purpose of the Local Coastal Program Implementation Plan is to implement the policies of the City of Huntington Beach certified Land Use Plan (Coastal Element) and the public access and recreation policies of the Coastal Act. It is further adopted for the purpose of promoting and protecting the public health, safety, and general welfare of Huntington Beach residents and to provide the physical, economic and social advantages which result from a comprehensive and orderly planned use of land resources. This zoning and subdivision ordinance is not intended to authorize, and shall not be construed as authorizing the City of Huntington Beach to exercise its power in a manner which will take or damage private property for public use. This zoning ordinance is not intended to increase or decrease the rights of any owner of property under the constitution of the State of California or the United States.
(3334-6/97, 4131-5/18)
§ 201.08 Consideration of Discretionary Applications.
In the consideration of any discretionary application pursuant to the provisions of this ordinance, the City official or body charged with review responsibility shall not approve any such application unless it is established that the development will be appropriately timed and phased such that the development will be supported by adequate public facilities and services, and such that appropriate measures can be taken to mitigate adverse environmental impacts. Adequacy of public facilities and services shall be determined in accordance with the planned long-term buildout of community areas as provided in capital-improvement programs in which facilities are actually available or funded and the General Plan elements in effect at the time of the consideration of the application.
§ 202.02 Organization.
A.
Structure of Ordinance. The zoning and subdivision ordinance is divided into six parts:
Title 20: General Provisions.
Title 21: Base District Provisions.
Title 22: Overlay District Provisions.
Title 23: Provisions Applying in All or Several Districts.
Title 24: Administrative Provisions.
Title 25: Subdivisions.
B.
Types of Zoning Provisions. Three types of zoning provisions control the use and development of property:
1.
Land use controls specify land uses permitted, conditionally permitted, or prohibited in each zoning district. These include special requirements applicable to specific uses. Land use controls for base zoning districts are in Title 21; land use controls for overlay districts are in Title 22. Certain provisions, applicable in all or several districts, are in Title 23.
2.
Development standards control the height, bulk, location, and appearance of structures. Development standards for base zoning districts are in Title 21; development standards for overlay districts are in Title 22. Certain development standards, applicable in more than one class of base or overlay districts, are in Title 23. These include requirements for site development, parking and loading, signs and nonconforming uses and structures.
3.
Administrative provisions contain procedures for the administration of the zoning ordinance. Administrative provisions are in Title 24.
§ 202.04 General Rules for Applicability of the Zoning and Subdivision Ordinance.
A.
Applicability to Property. The Zoning and Subdivision Ordinance shall apply to all land within the City of Huntington Beach. The Local Coastal Program Implementation Plan shall apply to all land within the City of Huntington Beach coastal zone.
B.
Applicability to Streets and Rights-of-Way. Public streets, utility, and other rights-of-way shall be in the same zoning district as contiguous property. Where contiguous properties are classified in different zoning districts, the centerline of the street or right-of-way shall be the district boundary, unless otherwise depicted on the zoning map.
C.
Who Qualifies as an Applicant. Only a qualified applicant (including an agent of the applicant with written authorization from the owner) may file an application for approval on a specific site. A qualified applicant is a person who has a freehold interest in the land which is the subject of the application. The Director shall require an applicant to submit proof of the interest. The Director shall require an agent to submit evidence of authority to act for the applicant. Any person or agency may file for a zoning text amendment.
D.
Compliance with Ordinances. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished or moved in any zoning district except in accord with the provisions of Titles 20 through 25. Further, no lot area shall be so reduced or diminished that the yards or other open space shall be smaller than prescribed by these titles nor shall the density be increased in any manner except in conformity with the provisions established herein.
E.
Public Nuisance. Neither the provisions of Titles 20 through 25 nor the approval of any permit authorized by these titles shall authorize the maintenance of any public nuisance.
F.
Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by Titles 20 through 25 shall be deemed sufficient notice to allow the City to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice.
G.
Requests for Notice. Where Titles 20 through 25 require that notice be given by first class mail to "any person who has filed a written request for such notice," the request shall be filed with the Director and shall be subject to the applicable fees set to cover mailing costs.
H.
Notice to Surrounding Property Owners. Notice shall be mailed to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the property that is the subject of the hearing, as required by state law. Applicants may submit and the Director may use records of the County Assessor or Tax Collector which contain more recent information than the assessment roll.
J.
Relation to Private Agreements. It is not intended by applicable provisions of Titles 20 through 25 to interfere with or abrogate or annul any easements, covenants, or other existing agreements between parties or to repeal any ordinance or other section of the Huntington Beach Municipal Code except as set forth in subsection 202.04(I), above.
K.
Annexations/Pre-Zoning. Unincorporated territory adjacent to the City may be pre-zoned for the purpose of determining the zone district which will apply in the event of annexation to the City. The procedure for pre-zoning property shall be the same as that for zone changes within the City. Such zoning shall become effective at the time the annexation becomes effective. Any property which, after annexation or for any other reason, does not have a designation on the zoning map shall be deemed to be zoned RL, low-density residential. Inclusion of an annexed area within the coastal zone into the certified Local Coastal Program shall require approval of a Local Coastal Program amendment by the Coastal Commission.
L.
Application During Local Emergency. The City Council may authorize deviations from any provision of this title during a local emergency. Such deviations may be authorized by resolution of the City Council.
M.
Issuance of Permits or Entitlements Prohibited. No permit or entitlement shall be issued by any department of the City in any case where a permit or entitlement is required to be granted and for which an appeal period is provided by this zoning and subdivision ordinance until the expiration of such appeal period or the final determination of any appeal filed pursuant to this ordinance.
N.
Certificate of Occupancy and Final Building Inspection Withheld. No certificate of occupancy shall be issued or final building inspection shall be made until terms and conditions attached to a permit or entitlement required by this zoning and subdivision ordinance are met.
(3334-6/97)
§ 202.06 Applicability of Land Use Controls and Development Standards.
Land use controls and development standards applicable to specific sites shall be shown on the zoning map by zoning and area district designations consisting of classes of letter designators:
A.
A base zoning district designation, indicating the principal land uses permitted or conditionally permitted in each zoning district, shall be a component of all zoning designations.
B.
A subdistrict designation, indicating a geographic area of the City where specific zoning provisions and development standards apply.
C.
Overlay district designations shall be included in a zoning designation if the provisions of one or more overlay districts are applicable to a site.
§ 202.08 Rules for Interpretation-Recordkeeping.
A.
Zoning and Subdivision Ordinance. Where uncertainty exists regarding the interpretation of any provision of this ordinance or its application to a specific site, the Director shall be empowered to issue policy statements regarding the applicability of the ordinance to a specific situation.
B.
Zoning Map. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply:
1.
District boundaries shown as approximately following the property line of a lot shall be construed to follow such property line.
2.
On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.
3.
District boundaries shown as approximately following right-of-way lines of streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines.
4.
District boundaries shown as lying within right-of-way lines of streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.
5.
Should any uncertainty remain as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the Director. If the area of uncertainty lies within the coastal zone, the determination shall be made in conjunction with the Executive Director of the Coastal Commission.
C.
Record of Interpretation. The Director shall keep a record of interpretations (policy statements) made pursuant to this section which shall be available to the public for review.
D.
Appeals. An interpretation of the zoning and subdivision ordinance or zoning map by the Director may be appealed to the Planning Commission, as provided in Title 24.
(3334-6/97)
§ 202.10 Responsibilities.
Consistent with Title 2 of the Municipal Code, responsibilities for administration of the Zoning and Subdivision Ordinance shall be as follows:
A.
City Council. The City Council shall have final authority for the approval of zoning map and zoning text amendments, General Plan amendments and final maps; however, no such amendment shall be effective unless certified by the Coastal Commission as an amendment to the Local Coastal Program. The City Council also shall act as the appeals board for hearing appeals of actions by the Planning Commission and Zoning Administrator, as provided by this ordinance. Any decision on a Coastal Development Permit for development located within the appealable area of the coastal zone as described in Section 245.04B may be appealed to the California Coastal Commission; if such a project is appealed, final Coastal Development Permit decision making authority lies with the California Coastal Commission.
B.
Design Review Board. The Design Review Board shall be responsible for reviewing and recommending action or rendering action on certain types of development plans under the procedures established by Chapter 244.
C.
Director. The Director's responsibilities shall include administering, interpreting and enforcing all requirements and standards of Titles 20 through 25. The Director or his or her designee may approve administrative permits that meet the requirements of this Code and may approve, conditionally approve, or deny requests for waiver of development standards, as prescribed in the individual titles of this Code. The Director, at his or her discretion, may refer matters involving development issues to the Design Review Board, Zoning Administrator or Planning Commission and may consult with the City Attorney on questions of interpretation.
D.
Planning Commission. The Planning Commission's responsibilities shall include initiating preparation and updating of the General Plan, Local Coastal Program, specific plans, and provisions to implement the planning and zoning power of the City and undertaking other duties as assigned by the City Council. The Commission also shall approve, conditionally approve, or deny applications as prescribed in the individual titles of this Code, and recommend approval or conditional approval of zoning map and text amendments, Specific Plans, Neighborhood Conservation Plans, and review criteria for Interim Study Overlay District. The Planning Commission also shall act as the appeals board for hearing appeals of decisions of the Director and actions of the Zoning Administrator and Design Review Board, except where otherwise provided. Finally, the Commission shall hear and decide on proposals for revocation of discretionary permits.
E.
Zoning Administrator. The Zoning Administrator shall approve, conditionally approve or deny applications as prescribed in the individual titles of this Code. The Zoning Administrator shall also act on matters referred by the Director. The Zoning Administrator shall hear and decide on proposals for revocation of discretionary permits.
(3334-6/97)
§ 202.12 Effect of this Ordinance on Approved Projects and Projects in Process.
A.
Approved Projects.
1.
Conditional use permits, variances, and other discretionary permits, any of which are valid on the effective date of this ordinance shall remain valid until their expiration date. These projects can be built in accord with the development standards in effect at the time of approval, provided that such permit is valid at the time building permits are issued and that such permit is subject to any time limits imposed pursuant to the Uniform Building Code, adopted by the City. If no expiration date was established, the conditional use permit, variance or the discretionary permit approval shall lapse two years after the effective date of the ordinance unless:
2.
No provision of this ordinance shall require any change in the plans, construction or designated use of any structure for which a building permit has been issued prior to the effective date of this ordinance or any subsequent amendment.
3.
Any reapplication for any expired building permit must meet the standards in effect at the time of reapplication.
4.
Any modification of a valid building permit issued prior to the effective date of this ordinance that results in a change of use or an increase in square footage may be approved only as a conditional use under the provisions of Chapter 241 by the Planning Commission and in no case may an increase in excess of 2,500 square feet be allowed.
B.
Projects in Process.
1.
Projects for which no discretionary approval or building permit has been granted prior to the effective date of this ordinance shall be subject to the land use regulations, development standards, and other requirements of the new Zoning Ordinance except as stated below.
2.
Applications which were accepted as complete prior to the effective date of this ordinance will be subject to the development standards in effect at the time of submittal.
§ 203.02 Applicability.
The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning and subdivision ordinance, except where the context clearly indicates a different meaning or construction.
(4037-12/14, 4176-3/19, 4214-8/20)
§ 203.04 Rules for Construction of Language.
In addition to the General Provisions Chapter 1.04 of the Municipal Code, the following rules of construction shall apply:
A.
The particular shall control the general.
B.
Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
1.
"And" indicates that all connected words or provisions shall apply.
2.
"Or" indicates that the connected words or provisions apply singly.
3.
"Either... or" indicates that the connected words or provisions shall apply singly but not in combination.
4.
"And/or" indicates that the connected words or provisions may apply singly or in any combination.
C.
In case of conflict between the text and a diagram, the text shall control.
D.
All references to departments, commissions, boards, or other public agencies are to those of the City of Huntington Beach, unless otherwise indicated.
E.
All references to public officials are to those of the City of Huntington Beach, and include designated deputies of such officials, unless otherwise indicated.
F.
All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or City holiday, it shall be extended to the next working day.
G.
Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof.
H.
The words "activities" and "facilities" include any part thereof.
(4037-12/14, 4176-3/19, 4214-8/20)
§ 203.06 Definitions.
Having district boundaries or lot lines or combinations thereof in common.
Public access along the coast.
Public access from the nearest public roadway to the shoreline.
A public or private way having an ultimate width of not less than 20 feet permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders that will prolong the life of the structure.
A change in the wording, context or substance of the ordinance codified in this code, or a change in the district boundaries on the zoning map.
An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables.
An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept in kennels.
A device used to transmit and/or receive radio or electromagnetic waves between earth and/or satellite-based systems, such as reflecting discs, panels, microwave dishes, whip antennas, antennas, arrays, or other similar devices.
The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended.
An antenna array and its associated support structure, such as a mast or tower that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur station licensed by the Federal Communications Commission.
The flight track of the helicopter as it approaches or departs from a designated takeoff and landing area, including a heliport, helipad, or helistop.
Features on a building which provide visual variation and/or relief but do not serve as interior or exterior living or working space.
The total horizontal area within the property lines of a parcel of land exclusive of all rights-of-way or easements which physically prohibit the surface use of that portion of the property for other than vehicular ingress and egress. All setbacks, lot coverage and other development requirements shall be taken from the net lot area.
 Lot Area |
Any street, highway or road designated as an arterial street in the General Plan.
Establishments licensed by the State of California providing care on a 24-hour basis for persons requiring personalized supportive services and health related care, but excluding facilities providing surgical or emergency medical services. This includes State licensed establishments that provide a continuum of care for residents ranging from assistance with daily activities to memory care.
Two or more structures sharing a common wall or solid or lattice roof and connected by a minimum of 50% of the shortest building width.
A platform that projects from the wall of a building, without support posts, typically above the first level, and is surrounded by a rail balustrade or parapet.
A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be considered as a story if the vertical distance from the average adjoining grade to the ceiling is over four feet.
 Basement |
A window that projects out from an exterior wall. The projection must be 18 inches above the ground or upper story floor in order to project into the required setback. See Section 230.68.
The term bedroom includes any room used principally for sleeping purposes, an all-purpose room, a study, a den, a room having 100 square feet or more of floor area or less than 50% of one wall open to an adjacent room or hallway.
The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse, or City boundary.
 Blockface |
A residence or dwelling, other than a hotel or convalescent facility, where not more than five guest rooms are rented for more than 30 days under three or more separate written or oral rental agreements, leases, or subleases or combination thereof, whether or not the owner, agent, or rental manager resides within the residence and lodging and meals are provided for no more than 10 persons. Guest rooms numbering six or over shall be considered a hotel.
Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind.
A dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker.
A permanent roofed accessory structure with not more than two enclosed sides intended for vehicle storage.
Any portable, non-motorized unit used by a vendor as described in Section 230.94.
The City of Huntington Beach.
An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians, dentists, optometrists, psychologists, or social workers practicing together.
A geographic zone adjacent to the shoreline, the boundaries of which are determined by the California Coastal Act of 1976, as amended.
Containers or buildings with a gross floor area of 500 square feet or less used for the deposit and storage of household articles or recyclables. See Section 230.44.
The Huntington Beach Planning Commission.
A project in which an individual interest in land is coupled with the right exclusively to occupy an individual unit, as provided in Section 11004 of the California Business and Professions Code.
Rebuilding the nonconforming structure or use as it had legally existed immediately prior to its destruction. See Section 236.04.
A use of land that, due to the specific nature and unique characteristics of the use, requires special standards and discretionary review.
An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interior space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property.
A structure that fully meets the requirements of Title 17 (Building Regulations) and also conforms to all property-development regulations and requirements prescribed for the district in which it is located.
A retail use in conjunction with gasoline sales in which the sales room exceeds 200 square feet. See Section 230.32.
The percentage of a lot or site covered by roofs, balconies, fireplaces, architectural projections, or overhangs extending more than two and one-half feet from a wall, decks more than 42 inches in height above grade, and stairs. This also includes the square footage of all building projections into yards or courts containing habitable floor area.
A platform, either free-standing or attached to a building, but without a roof, that is supported by pillars, posts, or walls (see also Balcony and Patio Cover).
The deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or otherwise.
An increase in the proposed number of units of 25% or greater over the number permitted pursuant to the current zoning and General Plan designation on the property. See Section 230.14.
The Director of Community Development or designee.
As more specifically defined under the Fair Housing Laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance.
An electric power line bringing power from a distribution substation to consumers.
A portion of the City within which the use of land and structures and the location, height, and bulk of structures are governed by the ordinance codified in this code. The zoning ordinance establishes "base zoning districts" for residential, commercial, industrial, public and open space uses, and "overlay districts," which modify base district provisions and standards.
The digging or boring of a new well into the earth for the purpose of exploring for, developing or producing oil, gas or other hydrocarbons, or for the purpose of injecting water, steam or any other substance into the earth.
One or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen, and bathroom areas.
A fully equipped dwelling unit which is ancillary and subordinate to a principal dwelling unit located on the same lot in the RL zone. Also known as second dwelling unit or "granny unit."
A building or buildings designed with two or more dwelling units.
A detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single-family dwellings shall be considered as multifamily.
A dwelling unit consisting of one kitchen, one bathroom, and one combination living room and sleeping room. The gross floor area shall not exceed 500 square feet, or it shall be considered as a one-bedroom unit. Also known as a single, a bachelor, or an efficiency unit.
Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. See Section 230.52.
Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other sources of energy.
A report complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines.
A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.
An exception from the requirements of the California Environmental Quality Act (CEQA) for a class of projects, which have been determined to not have a significant effect on the environment.
The Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act, as each statute may be amended from time to time, and each statute's implementing regulations.
A single individual or two or more persons living together as a single housekeeping unit in a dwelling unit.
Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
Determined by dividing the gross floor area of all buildings on a lot by the area of that lot.
 Floor Area Ratio (FAR) |
The total enclosed area of all floors of a building measured to the outside face of the exterior walls, and including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading.
The linear length of a building or a lot measured along the property line adjacent to a street or easement.
The ability of an environmentally sensitive area to be self-sustaining and to maintain natural species diversity.
The City of Huntington Beach General Plan.
The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by the ordinance codified in this code.
The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists.
A vertical dimension measured from the top of the highest roof to the top of the subfloor/slab directly underneath. (See Section 230.72.)
A heliport without auxiliary facilities such as waiting room, helicopter parking, fueling and maintenance equipment.
An area, either at ground level or elevated on a structure, that is used or intended to be used for the takeoff and landing of helicopters, and includes some or all the various facilities useful to helicopter operations, including helicopter parking, waiting room, fueling and maintenance equipment.
Business activity conducted in a dwelling unit in a residential district that is incidental to the principal residential use of a lot or site.
The entity that owns and operates a hotel. If the hotel operator is separate from the hotel owner both are jointly and severally responsible for ensuring compliance with the requirements described in this LCP and/or recorded against the property, as well as jointly and severally liable for violations of said requirements and restrictions.
All the people occupying a dwelling unit, and includes people who live in different units governed by the same operator.
Illumination by means of light that travels directly from its source to the viewer's eye.
Illumination by means only of light cast upon an opaque surface from a concealed source.
Policies, programs or actions taken by the City designed to ensure that a development will be produced at a lower cost.
Any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company, or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying Federal, State, and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility.
Any two or more residential care programs commonly administered by the same owner, operator, management company, or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such integral use shall be considered one use for purposes of applying Federal, State, and local laws to its operation.
The use of a lot, or contiguous lots, or any portion thereof for the storage of junk, including scrap metal, or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery.
Any premises where four or more dogs or cats at least four months of age are kept or maintained for any purpose except veterinary clinics and hospitals. For purposes of this section, a detached single-family residence with a maximum of four dogs shall not be considered a kennel when at least one of the dogs is a specially-trained guide dog, signal dog or service dog, as defined in Penal Code Section 365.5, and complies with Section 7.12.160 of the Huntington Beach Municipal Code.
Any room or part of a room which is designed, built, used, or intended to be used for food preparation and dishwashing which includes a minimum of one permanent cooking burner; but not including a bar, or similar room adjacent to or connected with a kitchen.
An area devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials. The area may include incidental features such as permeably pathways, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements. Plants on rooftops, porches or in boxes attached to buildings are not considered landscaping.
A landscaped area or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).
A landscaped area adjoining the exterior boundary of a parking or loading area, or similar paved area, excluding driveways or walkways which provide access to the facility.
 Landscaping: Perimeter Interior |
Any hotel, motel, or other similar facility that provides overnight visitor accommodations wherein a purchaser receives the right in perpetuity, for life, or a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, room(s), or segment of the facility, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the facility has been divided and shall include, but not be limited to timeshare, condominium-hotel, fractional ownership hotel, or uses of a similar nature.
Any person other than a member of a family renting a room for living or sleeping purposes.
Any numbered or lettered parcel shown on a recorded final map, record of survey pursuant to an approved division of land, or a parcel map and abuts a street, alley or recorded access easement.
 |
The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.
The street property line adjacent to the front yard.
A lot line not abutting a street.
A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line.
Any lot line that is not a front lot line or a rear lot line.
A lot line abutting a street.
The mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at midpoints 20 feet from the front lot line and 20 feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line.
 |
A site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees.
A lot with developable area connected to a street by a narrow strip of land that includes a driveway.
A corner lot, the side line of which is substantially a continuation of the front lot line of the lot to its rear.
An interior lot having frontage on a street and an alley.
A lot having frontage on two dedicated parallel or approximately parallel streets.
A household whose annual income is at or below 80% of Orange County median income as defined by the State of California Department of Housing and Community Development.
A structure transportable in sections which is a minimum of eight feet in width and 40 feet in length, built on a permanent chassis, and designed to be a dwelling with or without a permanent foundation. Manufactured home includes mobile home.
An intermediate floor within a room containing not more than 33% of the floor area of the room and is secured with a railing, pony/short wall, or full height wall (for nonresidential uses only).
 Mezzanine |
A household whose annual income is at or below 120% of Orange County median income as defined by the State of California Department of Housing and Community Development.
The Municipal Code of the City of Huntington Beach.
A written statement briefly describing the reasons that a proposed project will not have a significant impact on the environment which meets the requirements of the California Environmental Quality Act.
Notification process pursuant to Chapter 241 when no entitlements are required and the use requires such notification as stated in the Zoning and Subdivision Ordinance.
See Area, Net Lot.
A new well bore or well hole established at the ground surface. Redrilling from the well bore or well hole of an existing well greater than 150 feet from the existing well bore shall constitute a new well.
A structure that was lawfully erected but which does not conform with the current development standards.
A use of a structure or land that was lawfully established and maintained, but which does not conform with the current zoning ordinance.
A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.
A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas.
The use or maintenance of any installation, facility, or structure used, either directly or indirectly, to carry out or facilitate one or more of the following functions: drilling, rework, repair, redrilling, production, processing, extraction, assisted recovery, stimulation storage or shipping of oil, gas or hydrocarbons from the subsurface of the earth.
The physical location where an oil operation is conducted.
A usable open space within a residential development reserved for the exclusive use of residents of the development and their guests.
A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.
The sum of private and common open space.
Outdoor or unenclosed area on the ground, or on a balcony, deck, porch or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscaping. Usable open space does not include parking facilities, driveways, utility or service areas, any required front or street side yard, any space with a dimension of less than six feet in any direction or an area of less than 60 square feet.
 Usable Open Space |
A company, business, or individual who provides residential services, (i.e., the placement of individuals in a residence), setting of house rules, and governing behavior of the occupants as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management, and leasing of the property and that does not otherwise meet the definition of operator.
Any vehicle which exceeds 25 feet in length, seven in width, seven in height, or a weight of 10,000 pounds, motorized or non-motorized. Oversize vehicle also includes any equipment or machinery regardless of size.
A structure consisting of two or more levels used for parking of vehicles where parking spaces, turning radius, transition ramps, and drive aisles are incorporated within the structure, including automated parking structures. A surface level parking lot with a solid roof above is not considered a parking structure unless there is access for automobiles and parking stalls on the roof.
A parking area that is wholly or partially recessed into the development site, and which may or may not support additional structures above (e.g., dwelling units or parking structures).
An off-street parking facility which includes parking stalls where one is arranged in front of the other or stacked utilizing mechanical lifts.
A structure attached or detached that is open on two sides and has a roof.
A use of land that does not require approval of a conditional use permit or temporary use permit.
A large scale development of a parcel or of a combination of related parcels to be developed by a single owner or group of owners acting jointly, involving a related group of uses, planned as an entity and having a predominant developmental feature which serves to unify or organize development.
An open or covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building.
Property owned in fee by an individual, corporation, partnership, or a group of individuals as opposed to public property.
Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this zoning ordinance.
Property dedicated through acquisition or easement for public use which includes, but is not limited to, streets, alleys, parks, public rights-of-way, and sidewalks.
The upgrade of the interior or exterior faces of a building or structure without altering to any degree the structural integrity.
Residential privacy design standards shall apply to:
A lot contiguous to one or more existing single-family residential units, excluding parcels separated by streets or alleys; or
A vacant parcel intended for new single-family development; or
The creation of new floor area above the first floor of an existing single story single- family residence; or
Increasing the number of windows above the first floor of an existing single-family residence; or
Moving the location of existing windows above the first floor of an existing single- family residence.
Within the coastal zone, any area that consists of any of the following: wetlands, environmentally sensitive habitat areas, buffer areas (as these terms are defined in the Glossary of the City's certified Land Use Plan), and/or land that is zoned Coastal Conservation.
A room meeting the requirements of the Uniform Building Code for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar spaces.
Housing for a family in which at least one person per unit is 60 years old or older, or for a single person who is 60 years old or older.
A line across the front, side, rear of any private or public property which delineates an area adjoining a property line in which erection of a building, fence, or other structure is prohibited except as otherwise provided in the zoning ordinance. All setbacks along streets and alleys shall be measured from the ultimate right-of-way.
Having a substantial adverse effect upon the functional capacity.
The occupants of a dwelling unit that have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, and expenses and responsibilities. Membership in the single housekeeping unit is fairly stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a non- profit basis. There is a rebuttal presumption that integral facilities are not single housekeeping units. Evidence that a household is not operating as a single housekeeping unit include, but are not limited to: the occupants do not share a lease agreement or ownership of the property, members of the household have separate, private entrances from other members; members of the household have locks on their bedroom doors; members of the household have separate food storage facilities, such as separate refrigerators.
Holding record title, possession under a contract to purchase, or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control.
A lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or City limit, that is proposed for development in accord with the provisions of this ordinance, and is in a single ownership or has multiple owners, all of whom join in an application for development.
A short-term temporary use of public property as defined in Section 13.54.010.
A plan for a defined geographic area that is consistent with the General Plan.
A corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation.
That portion of a building included between the surface of any floor and the surface of the floor or finished undersurface of the roof directly above it.
A public or an approved private thoroughfare or road easement which affords the principle means of access to abutting property, not including an alley.
Anything constructed or erected that requires a location on the ground, excluding patios, walks, access drives, or similar paved areas.
A structure that is appropriate, subordinate and customarily incidental to the main structure of the site and which is located on the same site as the main structure, including swimming pools, garages, gazebos and patio covers or similar structures.
An accessory structure that does not exceed 120 square feet in floor area and a height of 10 feet, including storage sheds, pet shelters, playhouses, pagodas, gazebos, and decorative elements or similar structures.
Housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents to retain the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. On-site and off-site services may include, but are not limited to, after- school tutoring, child care, and career counseling.
That area of the helicopter facility where the helicopter actually lands and takes off.
Persons with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act (Division 4.5 commencing with Section 4500 of the Welfare and Institutions Code) and may include, among other populations, adults, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people.
Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.
An electric power line bringing power to a receiving or distribution substation.
The adopted maximum width for any street, alley, or thoroughfare, as established by the General Plan, by a precise plan of street, alley, or private street alignment; by a recorded map; or by a standard plan of the Department of Public Works. Such thoroughfare shall include any adjacent public easement used as a walkway and/or utility easement.
A use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use.
The monetary worth of a structure determined by the valuation figures used by the Director for the purpose of calculating building permit fees.
The business of storing or safekeeping of operative and inoperative vehicles for periods of time greater than a 24-hour period.
A household whose annual income is at or below 50% of Orange County median income as defined by the State of California Department of Housing and Community Development.
A fixed installation within a dwelling unit providing cold and/or hot water to a single sink without a garbage disposal at a location other than a kitchen or laundry and may include a small counter area and space for a mini or beverage refrigerator. A wetbar area shall not include a stove, range, or similar appliance usually found in a kitchen, and if such wetbar is located in a room or a portion of a room with a stove, hot plate, range, oven or other type of kitchen facility, it shall be deemed a separate kitchen.
Lands within the coastal zone which may be covered periodically or permanently with shallow water and include salt water marshes, fresh water marshes, open or closed brackish water marshes, swamps, mudflats, and fens.
An area between the front lot line and the front setback line extending across the full width of a site. The front yard of a corner lot shall adjoin the shortest street property line along its entire length. Where one street property line is at least 75% of the length of the other street property line, the Director shall determine the location of the front yard.
An area between the rear lot line and the rear setback line extending across the full width of a site. On a corner lot the rear yard shall extend only to the side yard abutting the street.
An area between the rear setback line and the front setback line and between the side property line and side setback line. The side yard on the street side of a corner lot shall extend to the rear lot line.
 |
The Zoning Ordinance of the City of Huntington Beach.
(3248-6/95, 3301-11/95, 3334-6/97, 3482-12/00, 3520-2/02, 3568-9/02, 3705-6/05, 3756-1/07, 3774-10/07 (certified by the California Coastal Commission 10/07), 3856-2/10, 3903-11/10, 3909-4/11, 4037-12/14, 4089-10/16, 4132-5/18, 4176-3/19, 4194-3/20, 4214-8/20, 4252-6/22,4307-5/21/2024)
§ 204.02 Applicability.
Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The Director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this title. The Director may determine that a specific use shall not be deemed to be within a classification, if its characteristics are substantially different than those typical of uses named within the classification. The Director's decision may be appealed to the Planning Commission.
(3334-6/97, 4175-3/19, 4183-10/19)
§ 204.04 Uses Not Classified.
Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning provisions by a Zoning and Subdivision Ordinance text amendment, as provided in Chapter 247. Such an incorporation shall not be effective unless certified by the Coastal Commission as a Local Coastal Program amendment.
(3334-6/97, 4175-3/19, 4183-10/19)
§ 204.06 Residential Use Classifications.
A.
Day Care, Limited (or Small-Family). Non-medical care and supervision of six or fewer persons, or eight or fewer persons if two of the persons are six years of age or older, on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. This classification includes nursery schools, preschools, and day-care centers for children and adults.
B.
Group Home. A facility that is being used as a supportive living environment for persons who are considered disabled under State or Federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one or more dwelling units. Group homes shall not include the following: (1) residential care facilities; (2) any unit operating as a single housekeeping unit.
C.
Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, but excludes residential hotels or motels, and group homes.
D.
Multifamily Residential. Two or more dwelling units on a site. This classification includes manufactured homes.
E.
Referral Facility. A residential care facility, group home, or sober living home where one or more person's residency in the facility is pursuant to a court order or directive from an agency in the criminal justice system.
F.
Residential Care Facility. A residential facility licensed by the State where care, services, or treatment is provided to persons living in a supportive community residential setting. Residential care facilities include, but may not be limited to, the following: intermediate care facilities for the developmentally disabled (Health & Safety Code §§ 1267.8 and 1267.9); community care facilities (Health & Safety Code § 1500 et seq.); residential care facilities for the elderly (Health & Safety Code § 1569 et seq.); residential care facilities for the chronically ill (22 C.C.R. § 87801(a)(5); Health & Safety Code § 1568.02); alcoholism and drug abuse facilities (Health & Safety Code §§ 11834.02—11834.30); pediatric day health and respite care facilities (Health & Safety Code § 1760 et seq.); residential health care facilities, including congregate living health facilities (Health & Safety Code §§ 1265—1271.1, 1250(i), 1250(e), (h)); family care home, foster home, group home for the mentally disordered or otherwise disabled persons or dependent and neglected children (Welfare & Institutions Code §§ 5115—5120).
G.
Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes.
H.
Sober Living Home. A group home for persons who are recovering from a drug and/or alcohol addiction and who are considered disabled under State or Federal law. Sober Living Homes shall not include the following: (1) residential care facilities; (2) any unit operating as a single housekeeping unit.
I.
Supportive Housing. Housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents to retain the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. On-site and off-site services may include, but are not limited to, after-school tutoring, child care, and career counseling. Supportive housing uses are subject only to those restrictions and processing requirements that apply to other residential dwellings of the same type in the same zone.
J.
Transitional Housing. Temporary housing (generally six months to two years) for a homeless individual or family who is transitioning to permanent housing. This type of housing includes multi-family unit developments and often includes a supportive services component to allow individuals to gain necessary life skills in support of independent living. Transitional housing uses are subject only to those restrictions and processing requirements that apply to other residential dwellings of the same type in the same zone.
(3334-6/97, 3669-12/04, 3857-2/10, 4175-3/19, 4183-10/19, 4212-8/20)
§ 204.08 Public and Semipublic Use Classifications.
A.
Cemetery. Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery, business and administrative offices, chapels, flower shops, and necessary maintenance facilities.
B.
Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers.
C.
Community and Human Service Facilities.
1.
Drug Abuse Centers. Facilities offering drop-in services for persons suffering from drug abuse, including treatment and counseling without provision for on-site residence or confinement.
2.
Primary Health Care. Medical services, including clinics, counseling and referral services, to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement.
3.
Emergency Kitchens. Establishments offering food for the "homeless" and others in need.
4.
Emergency Shelters. Establishments offering food and shelter programs for "homeless" people and others in need. This classification does not include facilities licensed for residential care, as defined by the State of California, which provide supervision of daily activities.
5.
Residential Care, General. Twenty-four-hour non-medical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the State of California.
D.
Convalescent Facilities. Establishments providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. This classification includes assisted living facilities.
E.
Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries.
F.
Day Care, Large-Family. Non-medical care and supervision for seven to 12 persons, or up to 14 persons if two of the persons are six years of age or older on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits.
G.
Day Care, General. Non-medical care for 13 or more persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day-care centers for children or adults.
H.
Emergency Health Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis.
I.
Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles.
J.
Heliports. Pads and facilities enabling takeoffs and landings by helicopter.
K.
Hospitals. Facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees.
L.
Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities.
M.
Marinas. A boat basin with docks, mooring facilities, supplies and equipment for small boats.
N.
Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces.
O.
Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection.
P.
Religious Assembly. Facilities for religious worship and incidental religious education, but not including private schools as defined in this section.
Q.
Schools, Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California.
R.
Utilities, Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection, transfer, recycling or disposal facilities, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities.
S.
Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines, and recycling and collection containers.
(3334-6/97, 3669-12/04, 4175-3/19, 4183-10/19, 4212-8/20)
§ 204.10 Commercial Use Classifications.
A.
Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20.
B.
Animal Sales and Services.
1.
Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels.
2.
Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours.
3.
Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary (maximum 30 days) boarding of animals are included, if incidental to the hospital use.
4.
Animals, Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours.
5.
Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas.
6.
Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers, headstones or monuments over such places of burial.
C.
Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft.
D.
Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities.
With Drive-Up Service. Institutions providing services accessible to persons who remain in their automobiles.
E.
Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services.
F.
Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.)
G.
Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography.)
H.
Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic games centers, cyber cafe having more than four coin-operated game machines; card rooms as regulated by Chapter 9.24; and fortunetelling 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.
K.
Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20% or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments.
With Alcoholic Beverage Sales. Establishments where more than 10% of the floor area is devoted to sales, display and storage of alcoholic beverages.
L.
Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution.
M.
Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries.
N.
Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial enterprise.
O.
Laboratories. Establishments providing medical or dental laboratory services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industry.
P.
Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see Vehicle/Equipment Repair.
Q.
Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts.
R.
(Reserved)
S.
Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only.
T.
Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, and veterinary offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations.
U.
Offices, Medical and Dental. A business which is primarily engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, physical or mental condition, including, but not limited to, offices of acupuncturists, chiropractors, dentists, optometrists, physicians, podiatrists, dermatologists, psychiatrists, psychologists and physical therapists.
V.
Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property.
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 firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis.
Z.
Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation), 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. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances, but includes junk shops.
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 8.72.
FF.
Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies.
GG.
Vehicle/Equipment Sales and Services.
1.
Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts.
2.
Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.
3.
Commercial Parking Facility. Lots offering short-term or long-term parking to the public for a fee.
4.
Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles.
5.
Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping.
Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler, tire shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles.
6.
Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance.
7.
Offices for Vehicle Retail Sales/Wholesale. This classification includes businesses with the primary building use of office for vehicle retail sales and wholesale businesses which may display the maximum number of vehicles at any given time as required by the California Department of Motor Vehicles.
8.
Vehicle Storage, 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 of at least some of the individual guestrooms (units) within the larger building or complex is in the form of separate condominium ownership interests, as defined in California Civil Code Section 1351(f). The primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every unit that is available to the general public on a daily basis year-round, while providing both general public availability and limited owner occupancy of those units that are in the form of separate condominium ownership interests.
4.
Fractional Ownership Hotel. Facility providing overnight visitor accommodations where at least some of the guestrooms (units) within the facility are owned separately by multiple owners on a fractional time basis. A fractional time basis means that an owner receives exclusive right to use of the individual unit for a certain quantity of days per year and each unit available for fractional ownership will have multiple owners.
II.
Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale.
JJ.
Quasi Residential.
1.
Residential Hotels. Buildings with six or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis.
2.
Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly.
3.
Timeshare. Any arrangement, plan, or similar program, other than an exchange program, whereby a purchaser receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years.
(3334-6/97, 3378-2/98, 3568-9/02, 3669-12/04, 3757-1/07, 3774-10/07, 3788-12/07, 3842-11/09, 4175-3/19, 4183-10/19, 4195-3/20; 4331-4/15/2025)
§ 204.12 Industrial Use Classifications.
A.
Industry, Custom. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment.
Small-Scale. Includes mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, candle-making shops, and custom jewelry manufacture.
B.
Industry, General. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes chemical manufacture or processing, food processing and packaging, laundry and dry cleaning plants, auto dismantling within an enclosed building, stonework and concrete products manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, and power generation.
C.
Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services, both within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials and Vehicle/Equipment Services, but does allow food processing for human consumption.
D.
Industry, Research and Development. Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable in the opinion of the Director, by reason of production of offensive odor, dust, noise, vibration, or in the opinion of the Fire Chief by reason of storage of hazardous materials. Uses include aerospace and biotechnology firms, and non-toxic computer component manufacturers.
1.
This classification also includes assembly, testing and repair of components, devices, equipment, systems, parts and components such as but not limited to the following: coils, tubes, semi-conductors; communication, navigation, guidance and control equipment; data processing equipment; filing and labeling machinery; glass edging and silvering equipment; graphics and art equipment; metering equipment; optical devices and equipment; photographic equipment; radar, infrared and ultraviolet equipment; radio and television equipment.
2.
This classification also includes the manufacture of components, devices, equipment, parts and systems which includes assembly, fabricating, plating and processing, testing and repair, such as but not limited to the following: machine and metal fabricating shops, model and spray painting shops, environmental test, including vibration analysis, cryogenics, and related functions, plating and processing shops, nuclear and radioisotope.
3.
This classification also includes research and development laboratories including biochemical and chemical development facilities for national welfare on land, sea, or air; and facilities for film and photography, metallurgy; pharmaceutical, and medical and x-ray research.
E.
Wholesaling, Distribution and Storage. Storage and distribution facilities without sales to the public on-site or direct public access except for recycling facilities and public storage in a small individual space exclusively and directly accessible to a specific tenant. This classification includes mini-warehouses.
F.
Alcoholic Beverage Manufacturing. The manufacture or production of beer, wine, cider, or distilled spirits by any person licensed by the Department of Alcoholic Beverage Control of the State of California and includes the sale or distribution of said products both inside and outside the jurisdiction of the City.
G.
RT Flex Space. Any combination of manufacturing, research and development, testing, distribution, warehouse and storage space, including retail and/or showroom (max 10% gross floor area), eating and drinking (max 10% gross floor area), and offices (max. 30% gross floor area) are permitted by right when complying with a minimum 1 parking space per 500 gross square feet parking requirement.
(3334-6/97, 4175-3/19, 4183-10/19)
§ 204.14 Accessory Use Classifications.
Accessory Uses and Structures. Uses and structures that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes detached or attached garages, home occupations, caretakers' units, and dormitory type housing for industrial commercial workers employed on the site, and accessory dwelling units.
(3334-6/97)
§ 204.16 Temporary Use Classifications.
A.
Animal Shows. Exhibitions of domestic or large animals for a maximum of seven days.
B.
Festivals, Circuses and Carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility.
C.
Commercial Filming, Limited. Commercial motion picture or video photography at a specific location six or fewer days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography.)
D.
Personal Property Sales. Sales of personal property by a resident ("garage sales") for a period not to exceed 48 consecutive hours and no more than once every six months.
E.
Real Estate Sales. An office for the marketing, sales, or rental of residential, commercial, or industrial development. This classification includes "model homes."
F.
Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally established retail business for a period not to exceed 96 consecutive hours (four days) no more than once every three months.
G.
Seasonal Sales. Retail sales of seasonal products, including Christmas trees, Halloween pumpkins and strawberries.
H.
Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures.
I.
Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of five days per year.
J.
Temporary Event. Those temporary activities located within the coastal zone that do not qualify for an exemption pursuant to Section 245.08.
K.
Tent Event. Allows for the overflow of any assembly for a period not to exceed 72 consecutive hours and not more than once every three months.
(3334-6/97, 3521-2/02, 3669-12/04, 3724-2/06, 4175-3/19, 4183-10/19)
§ 204.18 Prohibited Uses-Medical Marijuana Businesses.
A.
Purpose. In order to expressly inform the public that any distribution of marijuana by Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries, etc., is prohibited in the City of Huntington Beach, the City is adding this express prohibition to the Zoning and Subdivision Ordinance.
B. Medical marijuana business, collective, cooperative or dispensary
Definitions. For purposes of this section, the following term is defined:
means any location, structure, facility, vehicle, business, store, co-op, residence, or similar facility used, in full or in part, as a place at or in which marijuana is sold, traded, exchanged, bartered for in any way, made available, located, stored, displayed, placed or cultivated, including any of the foregoing if used in connection with the distribution of marijuana.
C.
Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries. A Medical Marijuana Business, Collective, Cooperative or Dispensary or any other such business, no matter how so named, is not a permitted use in any zoning district or specific plan in the City. It shall be unlawful for any person or entity to own, manage, establish, conduct or operate a Medical Marijuana Business, Collective, Cooperative or Dispensary. Also, it shall be unlawful for any person to permit to be established, conducted, operated, owned or managed as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, any Medical Marijuana Business, Collective, Cooperative or Dispensary in the City.
D.
Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this article is hereby declared a public nuisance and may be abated by the City.
E.
Enforcement.
1.
Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code including the Zoning and Subdivision Ordinance.
2.
Nothing in this article in any way limits any other remedies that may be available to the City, or any penalty that may be imposed by the City, for violations of this article. Such additional remedies include, but are not limited to, injunctive relief or administrative citations.
(4059-5/15, 4058-6/15, 4137-10/17, 4175-3/19, 4183-10/19)
§ 204.20 Prohibited Uses-Commercial Non-Medical Marijuana Businesses and Deliveries.
A.
Purpose. In order to expressly inform the public that any sale or distribution of non-medical marijuana by Commercial Non-Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries, etc., however named is prohibited in the City of Huntington Beach, the City is adding this express prohibition to the Zoning and Subdivision Ordinance.
B. Commercial non-medical marijuana business, collective, cooperative or dispensary Non-medical marijuana delivery Non-medical marijuana products
Definitions. Unless otherwise specifically defined herein, the definitions contained within Adult Use of Marijuana Act shall apply to this Ordinance.
means any location, structure, facility, vehicle, business, store, co-op, residence, or similar facility used, in full or in part, as a place at or in which marijuana (including marijuana for recreational use) is sold, traded, exchanged, bartered for in any way, made available, located, stored, displayed, placed or cultivated, including any of the foregoing if used in connection with the sale or distribution of non-medical marijuana.
means the commercial transfer of non-medical marijuana or non-medical marijuana products to a person, including any technology that enables persons to arrange for or facilitate the commercial transfer of non-medical marijuana or non-medical marijuana products.
means non-medical marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.
C.
Commercial Non-Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries. A Commercial Non-Medical Marijuana Business, Collective, Cooperative or Dispensary or any other such business, no matter how so named, is not a permitted use in any zoning district or specific plan in the City. It shall be unlawful for any person or entity to own, manage, establish, conduct or operate a Commercial Non-Medical Marijuana Business, Collective, Cooperative or Dispensary. Also, it shall be unlawful for any person to permit to be established, conducted, operated, owned or managed as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, any Commercial Non-Medical Marijuana Business, Collective, Cooperative or Dispensary in the City.
D.
Non-Medical Marijuana Deliveries. Delivery of non-medical marijuana is not a permitted use in any zoning district or specific plan in the City. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of non-medical marijuana deliveries.
E.
Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this section is hereby declared a public nuisance and may be abated by the City.
F.
Enforcement.
1.
Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code including the Zoning and Subdivision Ordinance.
2.
Nothing in this section in any way limits any other remedies that may be available to the City, or any penalty that may be imposed by the City, for violations of this section. Such additional remedies include, but are not limited to, injunctive relief or administrative citations.
(4137-10/17, 4175-3/19, 4183-10/19)
§ 204.22 Non-Medical Marijuana Cultivation.
A.
Purpose. The purpose and intent of this section is to regulate the cultivation of non-medical marijuana in a manner that protects the health, safety and welfare of the community. Health and Safety Code Section 11362.2 authorizes the City to adopt reasonable regulations regarding the cultivation of non-medical marijuana inside a private residence or accessory structure to a private residence. That section also authorizes the City to completely prohibit the cultivation of non-medical marijuana outside, as long as the California Attorney General has not made a determination that the non-medical use of marijuana is lawful in California under federal law. The Attorney General has not made such a determination.
This section is not intended to interfere with the right of an individual 21 years of age or older to possess or cultivate non-medical marijuana, as provided for by Proposition 64. This section is not intended to give any person independent legal authority to grow non-medical marijuana; it is intended simply to impose reasonable regulations on the cultivation of non-medical marijuana when cultivation is authorized by California law.
Furthermore, it is the purpose and intent of this section to require that non-medical marijuana allowed to be cultivated pursuant to Proposition 64 only be done so in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the general public; to provide for the health, safety and welfare of the public; to prevent odor created by non-medical marijuana plants from impacting adjacent properties; and to ensure that marijuana grown in the City remains secured.
B. Cultivation Fully enclosed and secure structure Indoors Non-medical marijuana Non-medical marijuana cultivation Outdoors Person Private residence
Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates otherwise. If a word is not defined in this section, and not otherwise defined in state law, the common and ordinary meaning of the word shall apply.
means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof.
means a space within a building that complies with the applicable Building Code and Zoning and Subdivision Ordinance, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roof must be constructed of solid materials that cannot be easily broken through, and must be constructed with non-transparent material.
means inside a fully enclosed and secure structure or within a residential structure.
means marijuana that is intended to be used for non-medical purposes pursuant to Health and Safety Code Section 111362.1 et seq.
means the planting, growing, harvesting, drying or processing of non-medical marijuana plants or any part thereof pursuant to Health and Safety Code Section 11362.1 et seq., as those sections may be amended from time to time.
means any location within the City that is not within a fully enclosed and secure structure.
means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character.
means a house, an apartment unit, a mobile home or other similar dwelling.
C.
Cultivation of non-medical marijuana. The following regulations shall apply to the cultivation of non-medical marijuana within the City:
1.
Cultivation Not in Compliance With this Section. It is declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel or premises within any zoning district or specific plan in the City to cultivate non-medical marijuana except as provided for in this Code. No person other than an individual 21 years of age or older may engage in the cultivation of non-medical marijuana.
2.
Outdoor Cultivation. It is unlawful and a public nuisance for any person owning, leasing, occupying, or having possession of any legal parcel or premises within any zoning district or specific plan in the City to cause or allow such parcel or premises to be used for the outdoor cultivation of non-medical marijuana.
3.
Indoor Cultivation. Indoor cultivation of non-medical marijuana is prohibited in all zoning districts and specific plans of the City, except for residential zones, mixed use zones, or in commercial zones, when such cultivation occurs on a parcel or premises with an approved private residence. All cultivation must be in compliance with this section and state law.
4.
Indoor Cultivation in Private Residence. The indoor cultivation of non-medical marijuana in a residential zone, mixed use zone, or in a commercial zone on a parcel or premises with an approved private residence, shall only be conducted within a fully enclosed and secure structure or within a residential structure. Such cultivation shall be in conformance with the following minimum standards:
a.
The primary use of the property shall be for a residence. Non-medical marijuana cultivation is prohibited as a home occupation.
b.
All areas used for cultivation of non-medical marijuana shall comply with the Huntington Beach Municipal Code including the Zoning and Subdivision Ordinance, as well as applicable law.
c.
Indoor grow lights shall not exceed 1,200 watts per light, and shall comply with the California Building, Electrical and Fire Codes as adopted by the City. Lights shall be located away from combustible materials and a minimum of 30 inches from fire sprinklers.
d.
The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of non-medical marijuana is prohibited.
e.
Any fully enclosed and secure structure or residential structure used for the cultivation of non-medical marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that shall comply with the Huntington Beach Municipal Code, including the Zoning and Subdivision Ordinance.
f.
A fully enclosed and secure structure used for the cultivation of non-medical marijuana shall be located in the rear yard area of the parcel or premises, and must maintain a minimum 10-foot setback from any property line as well as any other applicable development standards of the zoning district. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet in height. This provision shall not apply to cultivation occurring in a garage.
g.
Adequate mechanical locking or electronic security systems must be installed as part of the fully enclosed and secure structure or the residential structure prior to the commencement of cultivation.
h.
Non-medical marijuana cultivation shall be limited to six marijuana plants per private residence, regardless of whether the marijuana is cultivated inside the residence or a fully enclosed and secure structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the private residence.
i.
The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. These rooms shall not be used for non-medical marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing.
j.
Cultivation of non-medical marijuana shall only take place on impervious surfaces.
k.
From a public right-of-way, there shall be no exterior evidence of non-medical marijuana cultivation occurring on the parcel.
l.
Non-medical marijuana cultivation area, whether in a fully enclosed and secure structure or inside a residential structure, shall not be accessible to persons under 21 years of age.
m.
Written consent of the property owner to cultivate non-medical marijuana within the residential structure shall be obtained and shall be kept on the premises, and available for inspection by the Chief of Police or his/her designee.
n.
A 2A:10B:C portable fire extinguisher that complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation of non-medical marijuana. If cultivation occurs in a residential structure, the portable fire extinguisher shall be kept in the same room where the cultivation occurs.
D.
Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this section is hereby declared a public nuisance and may be abated by the City.
E.
Enforcement.
1.
Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code including the Zoning and Subdivision Ordinance.
2.
Nothing in this section in any way limits any other remedies that may be available to the City, or any penalty that may be imposed by the City, for violations of this section. Such additional remedies include, but are not limited to, injunctive relief or administrative citations.
(4137-10/17, 4175-3/19, 4183-10/19)