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Huntington Beach City Zoning Code

Title 21

Zoning Code-Base Districts

§ 210.02 Residential Districts Established.

The purpose of the residential districts is to implement the General Plan and Local Coastal Program Land Use Plan residential land use designations. Five residential zoning districts are established by this chapter as follows:
A. 
The RL Low Density Residential District provides opportunities for single-family residential land use in neighborhoods, subject to appropriate standards. Cluster development is allowed. Maximum density is seven units per acre.
B. 
The RM Medium Density Residential District provides opportunities for housing of a more intense nature than single-family detached dwelling units, including duplexes, triplexes, town houses, apartments, multi-dwelling structures, or cluster housing with landscaped open space for residents' use. Single-family homes, such as patio homes, may also be suitable. Maximum density is 15 units per acre.
C. 
The RMH Medium High Density Residential District provides opportunities for a more intensive form of development than is permitted under the medium density designation while setting an upper limit on density that is lower than the most intense and concentrated development permitted in the City. One subdistrict has been identified with unique characteristics where separate development standards shall apply: RMH-A Small Lot. Maximum density is 25 units per acre.
D. 
The RH High Density Residential District provides opportunities for the most intensive form of residential development allowed in the City, including apartments in garden type complexes and high rise where scenic and view potential exists, subject to appropriate standards and locational requirements. Maximum density is 35 units per acre.
E. 
The RMP Residential Manufactured Home Park District provides sites for mobile home or manufactured home parks, including parks with rental spaces and parks where spaces are individually owned. Maximum density is nine spaces per acre.
(3334-6/97, 4215-8/20)

§ 210.04 RL, RM, RMH, RH, and RMP Districts-Land Use Controls.

In the following schedules, letter designations are used as follows:
"P" designates use classifications permitted in residential districts.
"L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow.
"PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission.
"ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator.
"TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator.
"P/U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit.
"Neighborhood Notification" refers to use classifications that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading.
RL, RM, RMH, RH, and RMP Districts: Land Use Controls
P = Permitted
L = Limited (see Additional Provisions)
PC = Conditional use permit approved by Planning Commission
ZA = Conditional use permit approved by Zoning Administrator
TU = Temporary use permit
P/U = Requires conditional use permit on site of conditional use
- = Not Permitted
RL
RM
RMH, RH
RMP
Additional Provisions
Residential Uses
(A)(M)(Q)
Day Care, Ltd.
P
P
P
P
Group Homes Incl. Sober Living Homes
L-8
L-8
L-8
L-8
Group Residential
-
-
PC
-
Multifamily Residential
(B)(C)(D)(R)
2 - 4 units
ZA
P
P
-
5 - 9 units
ZA
ZA
ZA
-
10 or more units
PC
PC
PC
-
Manufactured Home Parks
ZA
ZA
-
ZA
(E)(F)
Referral Facility
-
L-9
L-9
L-9
L-9
Residential Care Facility
P/PC
P/PC
P/PC
P/PC
(T)
Single-Family Residential
P
P
P
P
(B)(D)(F)(P)(R)(S)
Supportive Housing
L-7
L-7
L-7
L-7
Transitional Housing
L-7
L-7
L-7
L-7
Public and Semipublic
(A)(O)
Clubs & Lodges
PC
PC
ZA
ZA
Day Care, Large-family
L-6
L-6
L-6
L-6
Day Care, General
L-1
ZA
ZA
ZA
Park & Recreation Facilities
L-2
L-2
L-2
L-2
Public Safety Facilities
PC
PC
PC
PC
Religious Assembly
L-3
PC
PC
PC
Residential Care, General
-
PC
PC
PC
Schools, Public or Private
PC
PC
PC
PC
Utilities, Major
PC
PC
PC
PC
Utilities, Minor
P
P
P
P
Commercial
Communication Facilities
L-5
L-5
L-5
L-5
Horticulture
ZA
ZA
ZA
ZA
Nurseries
ZA
ZA
ZA
ZA
Visitor Accommodations
Bed and Breakfast Inns
-
-
L-4
-
Accessory Uses
P/U
P/U
P/U
P/U
(A)(G)(H)(I)(L)(M)
Temporary Uses
(J)(M)
Commercial Filming, Limited
P
P
P
P
Real Estate Sales
P
P
P
P
(N)
Personal Property Sales
P
P
P
P
Street Fairs
TU
TU
TU
TU
Nonconforming Uses
(K)(L)
(Ord. 4308-5/21/2024)

§ 210.05 RL, RM, RMH, RH, and RMP Districts: Additional Provisions.

L-1 
A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre (gross acreage) or greater fronting an arterial in RL District.
L-2 
Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs.
L-3 
A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A general day care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts.
L-4 
A conditional use permit from the Zoning Administrator is required and only allowed on lots 10,000 square feet or greater in RMH-A subdistrict. See also Section 230.42, Bed and Breakfast Inns.
L-5 
Only wireless communication facilities permitted subject to Section 230.96, wireless communication facilities.
L-6 
Neighborhood notification is required pursuant to Section 241.24. No architectural plans shall be required.
L-7 
Supportive housing and transitional housing shall be considered a residential use of property and shall be subject only to those restrictions and processing requirements that apply to other residential dwellings of the same type in the same zone.
L-8 
Group Homes and Sober Living Homes.
A. 
A group home or sober living home with six or fewer residents in the RL, RM, RMH, RH, RMP, a Specific Plan Residential, or a Specific Plan Mixed Use zone shall require a Special Use Permit from the Community Development Director, and:
1. 
As measured from the property line to property line, a sober living home shall be at least 1,000 feet from any other property that contains a group home, sober living home, or State-licensed residential care facility. Refer to the procedures and location requirements of Section 230.28.
B. 
A group home or sober living home with seven or more residents is not permitted in the RL zone. In the RM, RMH, RH, RMP, Specific Plan Residential, or Specific Plan Mixed Use zone, a group home or sober living home with seven or more residents shall require a Conditional Use Permit from the Planning Commission, and:
1. 
As measured from the property line to property line, the group home or sober living home shall be at least 1,000 feet from any other property that contains a group home, sober living home, or State-licensed residential care facility;
2. 
An application for an operator's permit that complies with Chapter 5.110 of the Huntington Beach Municipal Code (HBMC) shall be required for and may be granted to permit the operation of a group home or sober living home.
C. 
An applicant may seek relief from the strict application of this section by submitting a reasonable accommodation application to the Community Development Director setting forth specific reasons as to why accommodation over and above this section is necessary under State and Federal laws, pursuant to Chapter 17.77 of the Huntington Beach Municipal Code.
L-9 
A referral facility is any individual 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. The following standards are applicable to referral facilities:
A. 
Referral facilities are not permitted in the Residential Low Density (RL) zone, and no referral facility may be located within 500 feet of property that is zoned either Residential Low Density (RL) or Specific Plan Residential Low Density areas, or within 500 feet of a school, park, place of worship, or licensed day care facility.
B. 
A referral facility must have a manager on-site, 24 hours every day to ensure the orderly operation of the facility and its compliance with all applicable laws, regulations, and conditions.
C. 
No referral facility shall admit a resident who has been convicted of any crime involving physical force against a person, illegal possession of a weapon, possession or use of a weapon in the commission of a crime, or a felony involving a controlled substance.
(A)
Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previously approved conditional use permit, if any, or approval of a new conditional use permit.
(B)
A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens (See Section 210.08), for affordable housing (See Sections 210.10 and 230.14), or for density bonus (See Section 230.14).
(C)
A conditional use permit from the Zoning Administrator is required for any multiple family residential development that:
(1)
Abuts an arterial highway;
(2)
Includes a dwelling unit more than 150 feet from a public street; or
(3)
Includes buildings exceeding 25 feet in height.
(D)
See Section 210.12, Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235.
(E)
See Section 210.14, RMP District Supplemental Standards. In addition, Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s) to an existing manufactured home park.
(F)
See Section 230.16, Manufactured Homes.
(G)
See Section 230.12, Home Occupation in R Districts.
(H)
See Section 230.08, Accessory Structures.
(I)
See Section 230.10, Accessory Dwelling Units.
(J)
See Section 241.20, Temporary Use Permits.
(K)
See Chapter 236, Nonconforming Uses and Structures.
(L)
See Chapter 233, Signs.
(M)
Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes.
(N)
See Section 230.18, Subdivision Sales Offices and Model Homes.
(O)
Limited to facilities on sites of fewer than two acres.
(P)
See Section 230.22, Residential Infill Lot Developments.
(Q)
See Section 230.20, Payment of Parkland Dedication In-Lieu Fee.
(R)
Small Lot Development Standards for RM, RMH, and RH Districts. A conditional use permit from the Planning Commission is required for small lot residential subdivisions, including condominium maps for detached single-family dwellings. See also Section 230.24, Small Lot Development Standards.
(S)
See Coastal Element Land Use Plan, Table C-2, for permitted uses, development requirements and restrictions applicable to development within Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal Element Land Use Plan. Subdivision design and development within Subarea 4K shall incorporate the information from the plans and studies required in Table C-2 for development of that subarea. If there is a conflict between the requirements and restrictions of Table C-2 and other provisions of the Zoning and Subdivision Ordinance, the requirements and restrictions included in Table C-2 shall prevail.
(T)
Unlicensed residential care facilities are not permitted in any R district.
(1)
State licensed residential care facilities serving six or fewer persons are permitted in the in the RL, RM, RMH, RH, RMP, a Specific Plan Residential, or a Specific Plan Mixed Use zones.
(2)
State licensed residential care facilities serving seven or more persons in the RL (See Provision L-1), RM, RMH, RH, RMP, a Specific Plan Residential, or a Specific Plan Mixed Use zone are subject to a CUP by the Planning Commission pursuant to the requirements of Section 230.28.
(3334-6/97, 3410-3/99, 3455-5/00, 3568-9/02, 3706-6/05, 3724-2/06, 3761-2/07, 3832-7/09, 3858-2/10, 4215-8/20)

§ 210.06 RL, RM, RMH, RH, and RMP Districts-Property Development Standards.

A. 
The following schedule prescribes development standards for residential zoning districts and subdistricts designated on the zoning map. The columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Provisions" column refer to "Additional Development Standards" following the schedule.
B. 
In calculating the number of units permitted on the site, density is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number except that one dwelling unit may be allowed on a legally created lot complying with minimum lot area. All required setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions.
C. 
Any new parcel created pursuant to Title 25, Subdivisions, shall comply with the minimum building site requirements of the district in which the parcel is located unless approved as a part of a planned unit development.
Property Development Standards for Residential Districts
RL
RM
RMH-A Subdistrict
RMH
RH
RMP
Additional Provisions
Min. Building Site
6,000
6,000
2,500
6,000
6,000
10 ac.
(A)(B)(C)
Width (ft.)
60
60
25
60
60
N/A
Cul-de-sac frontage
45
45
-
45
45
N/A
Min. Setbacks
(D)(Q)
Front (ft.)
15
15
12
10
10
10
(E)(F)
Side (ft.)
3; 5
3; 5
3; 5
3; 5
3; 5
-
(G)(I)(J)
Street Side (ft.)
6; 10
6; 10
5
6; 10
6; 10
10
(H)
Rear (ft.)
10
10
7.5
10
10
-
(I)(J)
Accessory Structure
(T)
Garage
(K)
Projections into Setbacks
(L)(Q)
Max. Height (ft.)
Dwellings
35
35
35
35
35
20
(M)
Accessory Structures
15
15
15
15
15
15
(M)(Q)
Max. Floor Area Ratio (FAR)
-
-
1.0
-
-
-
Min. Lot Area per Dwelling Unit (sq. ft.)
6,000
2,904
*
1,742
1,244
—
Max. Lot Coverage (%)
50
50
50
50
50
75
(U)
Min. Floor Area
(N)
Min. Usable Open Space
(O)
Accessibility within Dwellings
(P)
Waterfront Lots
(Q)
Landscaping
See Ch. 232
(R)
Fences and Walls
See Section 230.88
Lighting
(S)
Residential Privacy Design Standards
(V)
Relocating Structures
See HBMC Ch. 17.28
(W)
Underground Utilities
See Ch. 17.64
Screening of Mechanical Equipment
See Section 230.76
Refuse Storage Areas
See Section 230.78
Antenna
See Section 230.80
Performance Standards
See Section 230.82
Off-Street Parking and Loading
See Ch. 231 & Section 210.12
Signs
See Ch. 233
Nonconforming Structures
See Ch. 236
Accessory Structures
See Section 230.08
Notes
*
Lots 50 feet or less in width = 1 unit per 25 feet of frontage
Lots greater than 50 feet in width = 1 unit per 1,900 square feet
N/A = Not applicable
(4308-5/21/2024)

§ 210.07 RL, RM, RMH, RH, and RMP Districts: Additional Development Standards.

A. 
See Section 230.62, Building Site Required and Section 230.64, Development on Substandard Lots.
B. 
See Section 230.66, Development on Lots Divided by District Boundaries.
C. 
The minimum lot area shall be 12,000 square feet for general day care, general residential care, and public or private schools, except minimum lot area for general day care in the RL district shall be one gross acre.
D. 
Building Separation. The minimum spacing between buildings including manufactured home units shall be 10 feet.
Patio Cover Separation. The minimum separation between a detached solid patio cover post/wall and a building on the same lot is six feet. The minimum separation between a detached open lattice/trellis patio cover on a permanent foundation and a building may be less than six feet. The minimum separation from eave to eave shall be one foot subject to building code requirements.
E. 
Variable Front Setback for Multifamily Projects. Projects with more than four units in the RM District, more than eight units in the RMH District, or more than 14 units in the RH District shall provide a minimum setback of 15 feet from any public right-of-way. Minimum 50% of the garages shall be set back 20 feet from the front property line. (See Section 210.12(B))
F. 
Upper-Story Setbacks for Multifamily Structures. The covered portion of all stories above the second story in any multifamily structure shall be set back an average of 10 feet from the second floor front façade (see Exhibit).
Zoning--Image-11.tif
Upper Story Setback
G. 
Interior Side Setback.
1. 
In the RL, RM, RMH, including RMH-A subdistrict, and RH Districts, interior side Setbacks shall be minimum 10% of lot width, but not less than three feet and need not exceed five feet, except as stated below.
2. 
For projects in the RM, RMH, including RMH-A subdistrict, and RH Districts adjoining an RL District, interior side setbacks shall be at least:
a. 
10 feet for units in single-story or two-story buildings.
b. 
14 feet for units above two stories.
Subject to approval of a conditional use permit, the Zoning Administrator or the Planning commission, may approve upper-story setbacks in lieu of an increased side setback if the second and third stories are set back the required distance.
H. 
Street Side Setbacks.
1. 
In the RL, RM, RMH (excluding RMH-A subdistrict), and RH districts, the street side yard shall be 20% of the lot width, minimum six feet and need not exceed 10 feet.
2. 
In the RMH-A subdistrict, street side setback shall be minimum five feet.
3. 
For projects with 10 or more multifamily units (including RMH-A subdistrict), the street side setback shall be the same as the front setback.
I. 
Building Walls Exceeding 25 Feet in Height. The required interior side or rear setback adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, and located on a lot 45 feet wide or greater, shall be increased three feet over the basic requirement.
J. 
Zero Side or Rear Setback.
1. 
A zero interior side setback may be permitted provided that the opposite side setback on the same lot is minimum 20% of the lot width, not less than five feet, and need not exceed 10 feet, and shall be subject to the requirements listed in paragraph (3) of this subsection.
2. 
A zero rear setback may be permitted provided that the opposite rear setback for the Adjacent lot is either zero or a minimum of 10 feet, and subject to the requirements listed in paragraph (3) of this subsection.
3. 
A zero side or rear setback may be permitted subject to the following requirements:
a. 
The lot adjacent to the zero side or rear setback shall either be held under the same ownership at the time of application or a deed restriction or agreement approved as to form by the City Attorney shall be recorded giving written consent of the adjacent property owner.
b. 
A maintenance easement, approved as to form by the City Attorney, shall be recorded between the property owner and the owner of the adjacent lot to which access is required in order to maintain and repair a zero lot line structure. Such easement shall be an irrevocable covenant running with the land. No building permits shall be issued until such recorded maintenance easement has been submitted.
c. 
Separation between the proposed structure and any structure on an adjacent lot shall either be zero or a minimum of five feet.
d. 
No portion of the dwelling or any architectural features shall project over the property line.
e. 
The zero setback shall not be adjacent to a public or private right-of-way.
f. 
Exposure protection between structures shall be provided as specified by the Fire Department and Building Division.
4. 
Double zero side setbacks may be permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 210.12(B).
K. 
Garage Setbacks.
1. 
Setbacks for the main dwelling shall apply, except as specifically stated below:
a. 
Front entry garage: 20 feet.
b. 
Side entry garage: 10 feet.
c. 
Garage with alley access: 5 feet.
2. 
For garages with rear vehicular access from an alley and located on a lot 27 feet wide or less, the side setback adjacent to a street or another alley may be reduced to three feet.
3. 
A minimum 25-foot turning radius is required from the garage to the opposite side of the street, alley, drive aisle or driveway.
Zoning--Image-12.tif
L. 
Projections into Setbacks.
1. 
See Section 230.68, Building Projections into Yards.
2. 
Balconies and bay windows may project into required setbacks and usable open space areas subject to Section 230.68, provided that balconies have open railings, glass, or architectural details with openings to reduce visible bulk. Balconies composed solely of solid enclosures are not allowed to project into required setbacks.
M. 
Height Requirements. See Section 230.70, Measurement of Height, and Section 230.72, Exceptions to Height Limits.
1. 
Single-family dwellings in all residential districts, except lots in the RMH-A subdistrict with less than 50 feet of frontage shall comply with the following standards:
a. 
Second story top plate height shall not exceed 25 feet measured from the top of the subfloor/slab directly below.
b. 
Roofs shall have a minimum 5/12 pitch if building height exceeds 30 feet.
c. 
Maximum building height for main dwellings shall be 35 feet; however, main dwellings exceeding 30 feet in height shall require approval of a conditional use permit by the Zoning Administrator.
d. 
Habitable area, which includes rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions:
i. 
Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are set back five feet from the building exterior and do not exceed the height limits as stated above.
ii. 
Windows and deck areas above the second story plate line shall orient toward public rights-of-way only.
Zoning--Image-13.tif
e. 
Access to any habitable area above the second story top plate line shall be provided within the main dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited.
Two vertical cross-sections through the property (front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within five feet of the property line shall be submitted in order to determine compliance with this subsection.
2. 
Single-family dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage shall comply with the following standards:
a. 
Second story top plate height shall not exceed 25 feet measured from the top of the subfloor/slab directly below.
b. 
Roofs shall have a minimum 5/12 pitch if building height exceeds 30 feet.
c. 
In the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet. Otherwise, maximum building height shall be 35 feet.
Zoning--Image-14.tif
Maximum Building Height for Single-Family Dwellings on Lots Less Than 50 Feet Wide in RMH-A Subdistrict
d. 
Access to any habitable area above the second story top plate line shall be provided within the main dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited.
Two vertical cross-sections through the property (front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection.
3. 
Accessory Structures. See Section 230.08, Accessory Structures. Accessory structures located on projecting decks abutting a waterway shall comply with the height established in subsection S of this section.
4. 
Recreation Buildings. The maximum height of a recreation building for multifamily, planned residential, and mobile home park projects shall be established by the conditional use permit.
N. 
Minimum Floor Area. Each dwelling unit in a multifamily building and attached single-family dwellings shall have the following minimum floor area.
Unit Type
Minimum Area
(Sq. Ft.)
Studio
500
One bedroom
650
Two bedrooms
900
Three bedrooms
1,100
Four bedrooms
1,300
All detached single-family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width.
O. 
Open Space Requirements.
1. 
The minimum open space area (private and common) for multifamily residential projects in RM, RMH, including RMH-A subdistrict, and RH Districts shall be 25% of the residential floor area per unit (excluding garages).
2. 
Private Open Space.
a. 
Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than 10 feet for courts and six feet for balconies. A minimum patio area of 70 square feet shall be provided within the court.
b. 
The following minimum area shall be provided:
Unit Type
Minimum Area (Sq. Ft.)
Ground Floor Units
Units Above Ground Floor
Studio/1 bedroom
200
60
2 bedrooms
250
120
3 bedrooms
300
120
4 or more bedrooms
400
120
c. 
Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 42 inches in height.
d. 
A maximum of 50% of the private open space requirement, may be on open decks above the second story subject to approval of a conditional use permit by the Zoning Administrator, provided that no portion of such deck exceeds the height limit.
e. 
Patio and balcony enclosures within existing planned developments or apartment complexes shall be subject to the following conditions:
i. 
A maximum of one enclosure per unit shall be allowed.
ii. 
The existing balcony or patio area shall not be enlarged.
iii. 
The balcony or patio enclosure shall comply with the current setback and height requirements for the district in which the site is located.
iv. 
The enclosure shall consist entirely of transparent materials, i.e., no solid walls or opaque walls, except an existing solid roof may be part of the enclosure.
v. 
No structural change shall occur to the interface wall and doorway between the enclosure and the adjacent inside room of the building, unless the balcony/patio is replaced with equivalent unenclosed area for use as private open space.
vi. 
The enclosed area shall be considered as private open space and may be counted toward current private open space requirements.
vii. 
Required egress for fire escape routes shall be maintained.
3. 
Common Open Space.
a. 
Common open space, provided by interior side yards, patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways, parking areas, or area required for front or street side yards.
b. 
Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool, tennis court, volleyball court, outdoor cooking facility, or other recreation facility.
4. 
The Director may allow a reduction in the open space requirement to 10% of the livable area per unit for projects with less than 10 units and located within walking distance of 1,000 feet of a public park or beach.
P. 
All habitable rooms in a dwelling unit must be accessible from within the dwelling.
Q. 
Waterfront Lots. Projecting decks, windscreens, fencing, patio covers and solariums on waterfront lots may be permitted subject to the development standards set forth in this chapter, Chapter 245, Chapter 17.24, and the following requirements:
1. 
Projecting Decks. Decks on waterfront lots may project five feet beyond the bulkhead provided the decks comply with the side setbacks required for the main dwelling.
2. 
Windscreens. Windscreens may be permitted if constructed of light-weight materials such as plastic, canvas, fiberglass, tempered glass or metal, except for necessary bracing and framing. The maximum height for windscreens shall be seven feet above the finished surface of the deck at the bulkhead line.
3. 
Fencing. All portions of fencing within the required rear setback area shall comply with Section 230.88 and the visibility provisions below.
4. 
Solariums. Solariums (patio enclosures) may project a maximum of 30 inches over the bulkhead. In all cases, the solarium shall maintain a 45 degree visibility angle as measured from the main dwelling building line extended to the side property line. The maximum height shall not exceed the top of the first floor ceiling joist.
5. 
Patio Covers. Patio covers (including eaves) may be permitted to project five feet into the rear yard setback; however, construction materials shall allow compliance with visibility provisions below.
6. 
Visibility. The portion of any windscreen, fence or patio cover in the rear yard setback or solarium above 36 inches in height shall be composed of materials and design which allow a minimum of 85% transmission of light and visibility through the structure in each direction when viewed from any angle.
7. 
Removal. Decks, solariums and windscreens projecting over waterways which do not comply with the above provisions may be removed by the City upon 30 days' written notice. Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right.
Zoning--Image-16.tif
Waterfront Lot Projections
R. 
Landscaping.
1. 
A minimum 40% of the front yard shall be landscaped. For single-family residences in the RMH-A subdistrict, a minimum three-foot wide landscape planter along the front property line (excluding maximum five-foot-wide walkway) may be provided in lieu of the 40% requirement. A maximum 18-inch high planter wall may be constructed along the front property line.
2. 
All required trees specified in Chapter 232 shall be provided.
3. 
All subdivisions shall provide a minimum five-foot-wide landscaped area along arterial street/highway property lines. The actual required width shall be determined during the planning process. Maintenance of said landscaped area shall be by a homeowners association, property owner or other method approved by the City of Huntington Beach.
S. 
Lighting. A lighting system shall be provided in all multifamily projects along all vehicular accessways and major walkways. Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. A lighting plan shall be submitted for approval by the Director.
T. 
See Section 230.08, Accessory Structures.
U. 
Solid patio covers open on at least two sides may be permitted an additional five percent site coverage. Open lattice patio covers are exempted from site coverage standards.
V. 
Properties subject to residential privacy design standards shall:
1. 
Off-set bedroom and bathroom windows above the first floor from bedroom and bathroom windows above the first floor on existing adjacent single-family residences.
2. 
Orient upper story balconies toward the subject home's front or rear yard areas, a public street, or permanent open space. The yard area or direction faced by the longest side of the balcony shall determine the orientation. A minimum 20-foot separation between the exterior face of the balcony or deck and the existing adjacent structure may be provided if orientation requirements cannot be met.
W. 
No person, firm or corporation shall move any building, structure, or portion of a building or structure into the City or relocate within the City, or cause the same to be done without first obtaining a separate relocation permit for each building or structure. See HBMC Chapter 17.28 - Moving Buildings.
(3268-12/94, 3334-6/97, 3410-3/99, 3706-6/05, 3885-8/10, 4183-3/20, 4193-3/20, 4308-5/21/2024)

§ 210.08 Development Standards for Senior Projects.

This section establishes development standards for senior residential projects that may be permitted by the Planning Commission.
A. 
Minimum Floor Area. Each dwelling unit shall have a minimum floor area of 450 square feet.
B. 
Minimum Setbacks. The project shall comply with the minimum setback requirements of the district applicable to the site.
C. 
Minimum Distance between Buildings. Minimum building separation shall be 10 feet.
D. 
Building Design. No structure shall exceed 180 feet in length. To provide variation in building facades, two of the following architectural elements are required as part of each building: sloped roofs; bay windows; awnings; roof eaves; cornices; balconies; or patios.
E. 
Open Space Requirements.
1. 
Private Open Space. A minimum of 60 square feet of private open space for studios or one bedroom units and 120 square feet for two or more bedrooms, with minimum dimensions of six feet.
2. 
Common Open Space. A minimum of 2,500 square feet for the first 50 units, and an additional 50 square feet for each unit over 50.
3. 
Community Club House. An enclosed community or clubhouse facility containing minimum seven square feet per unit, and a total area of minimum 400 square feet, may satisfy up to 50% of the common open space requirement. The clubhouse shall include handicapped bathrooms and kitchen facilities to be used by project residents and their guests only.
F. 
Elevators. Buildings with more than two levels, including living areas or parking, shall have elevators.
G. 
Parking. Parking shall comply with Chapter 231. Any parking space over and above the one space per unit shall be marked for guest use.
(3334-6/97, 3410-3/99)

§ 210.10 Modifications for Affordable Housing.

The Planning Commission may approve a conditional use permit modifying the minimum property development standards in this chapter for affordable housing, as provided in Section 230.14. The proposed modifications shall be requested in writing by the applicant, accompanied by a detailed pro-forma, rental guidelines, deed restrictions, financial subsidies, and other types of documentation which will serve to demonstrate the need for a reduction of development standards. Modifications to the standards may include, but are not limited to, the parking requirements and open space. The specific standard(s) from which the applicant is requesting relief shall be identified and alternative development standard(s) proposed.
(3334-6/97, 3410-3/99)

§ 210.12 Planned Unit Development Supplemental Standards and Provisions.

This section establishes supplemental development standards and provisions that shall apply to all planned unit developments.
A planned unit development shall provide a mutual benefit for the residents of the project as well as the general public. Examples of public benefits that may be provided in a planned unit development include, but are not limited to the creation of permanent open space, usable and appropriately located recreation facilities, the conservation of natural elements, land features and energy, and other public improvements.
A. 
Maps. A tentative and final or parcel map shall be approved pursuant to Title 25, Subdivisions.
B. 
Project Design.
1. 
Driveway parking for a minimum of 50% of the units shall be provided when units are attached side by side.
2. 
A maximum of six units may be attached side by side and an offset on the front of the building a minimum of four feet for every two units shall be provided.
3. 
A minimum of one-third of the roof area within a multi-story, multi-unit building shall be one story less in height than the remaining portion of the structure's roof area.
4. 
The number of required parking spaces for each dwelling unit shall be provided in accordance with Chapter 231. In addition, one or more of the following alternative parking configurations may be permitted in a planned unit development if it is determined that such configuration and location thereof will be accessible and useful in connection with the proposed dwelling units of the development:
a. 
Required enclosed spaces may be provided in a tandem configuration provided that the minimum parking space dimensions comply with Section 231.14.
b. 
Required open spaces may be provided with a combination of off-street and on-street spaces as long as the total number of required parking spaces is provided with the development site.
C. 
Common Areas. Every owner of a lot or dwelling unit shall own as an appurtenance to such unit or lot either an undivided interest in the common areas and facilities or a share in the corporation, community association, or limited partnership owning the common areas and facilities.
D. 
Covenants. The developer shall submit a covenant setting forth a plan or manner of permanent care and maintenance of all common areas and communal facilities. Such covenant shall be included in the Covenant, Conditions, and Restrictions (CC&Rs) applying to the property and shall be approved by the City Attorney and director. The CC&Rs shall be approved prior to final or parcel map approval and when approved, shall be recorded in the office of the Orange County Recorder.
E. 
Maintenance. The corporation, community association, or limited partnership shall have the responsibility of maintaining the common areas and facilities as shown on the final development plans, the buildings and use of property for planned unit development.
F. 
Sale of Lots. No dwelling unit or lot shall be sold or encumbered separately from an interest in the common areas and facilities in the development which shall be appurtenant to such dwelling unit or lot. No lot shall be sold or transferred in ownership from the other lots in the total development or approved phase of the development unless all approved community buildings, structures and recreational facilities for the total development, or approved phase thereof, have been completed, or completion is assured, by bonding or other method satisfactory to the City.
G. 
Management Agreement. No lot or dwelling unit in the development shall be sold unless a corporation, community association, or limited partnership has been formed with the right to assess all those properties which are jointly owned with interests in the common areas and facilities in the development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Said entity shall operate under recorded CC&Rs which shall include compulsory membership of all owners of lots and/or dwelling units, and flexibility of assessments to meet changing costs of maintenance, repairs and services. The developer shall submit evidence of compliance with this requirement to and receive approval of the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes.
(3334-6/97, 3885-8/10)

§ 210.14 RMP District Supplemental Development Standards.

This section establishes supplemental standards for the development of manufactured home parks.
A. 
Individual space setbacks for manufactured homes and accessory structures shall be landscaped and are as follows:
1. 
Front: Minimum five feet.
2. 
Side: Ten feet aggregate; minimum three feet on any side.
3. 
Rear: Minimum five feet.
B. 
Each space shall be provided with a minimum 150 cubic feet of enclosed, usable storage space.
C. 
The undercarriage of all manufactured homes shall be screened from view on all sides.
D. 
A six-foot-high concrete or masonry wall shall be provided along all interior property lines of the manufactured home park. In addition, a 20-foot-wide landscaped berm or a 10-foot-wide landscaped area and a six-foot-high wall shall be located at the minimum front setback line.
E. 
A boat or trailer storage area shall be provided and screened from view by a 6-foot-high fence or wall.
F. 
Maximum site coverage for each individual manufactured home space shall be 75%.
G. 
Projects in the RMP district shall provide a minimum common open space area of 200 square feet per manufactured home space.
(3334-6/97, 3410-3/99)

§ 210.16 Review of Plans.

All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows:
A. 
Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter 241.
B. 
Design Review Board. See Chapter 244.
C. 
Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241.
D. 
Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245.
(3334-6/97, 3410-3/99, 3867-4/10, 4090-10/16)

§ 211.02 Commercial Districts Established.

The purpose of the commercial districts is to implement the General Plan and Local Coastal Program commercial land use designations. Three commercial zoning districts are established by this chapter as follows:
A. 
The CO Office Commercial District provides sites for offices for administrative, financial, professional, medical and business needs.
B. 
The CG General Commercial District provides opportunities for the full range of retail and service businesses deemed suitable for location in Huntington Beach.
C. 
The CV Visitor Commercial District implements the Visitor Serving Commercial land use designation within the coastal zone and provides uses of specific benefit to coastal visitors. More specifically, the CV district provides opportunities for visitor-oriented commercial activities, including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services.
(3334-6/97, 3774-10/07, 4038-12/14, 4174-3/19)

§ 211.04 CO, CG, and CV Districts-Land Use Controls.

In the following schedules, letter designations are used as follows:
"P" designates use classifications permitted in commercial districts.
"L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow.
"PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission.
"ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator.
"TU" designates use classifications allowed upon approval of a temporary use permit.
"P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use.
"Neighborhood Notification" designates use classifications that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading.
CO, CG, and CV Districts: Land Use Controls
P = Permitted
L = Limited (see Additional Provisions)
PC = Conditional use permit approved by Planning Commission
ZA = Conditional use permit approved by Zoning Administrator
TU = Temporary use permit
P/U = Requires conditional use permit on site of conditional use
- = Not Permitted
CO
CG
CV
Additional Provisions
Residential
(J)(Q)(R)(V)
Group Residential
PC
PC
PC
Multifamily Residential
-
-
PC
Public and Semipublic
(J)(Q)(R)(V)
Clubs and Lodges
P
P
-
Community and Human Services
Drug Abuse Centers
-
PC
-
Primary Health Care
L-11
L-11
-
Emergency Kitchens
-
L-2
-
Emergency Shelters
-
L-2
-
Residential Alcohol Recovery, General
-
PC
-
Residential Care, General
ZA
ZA
-
Convalescent Facilities
ZA
ZA
-
Cultural Institutions
L-14
L-14
L-14
Day Care, General
L-3
L-3
-
Day Care, Large-Family
P
P
-
(Y)
Emergency Health Care
L-2
L-2
-
Government Offices
P
P
ZA
Heliports
PC
PC
PC
(B)
Hospitals
PC
PC
-
Park & Recreation Facilities
L-9
L-9
L-9
Public Safety Facilities
ZA
ZA
ZA
Religious Assembly
ZA
ZA
PC
Schools, Public or Private
PC
PC
-
Utilities, Major
PC
PC
PC
Utilities, Minor
P
P
P
(L)
Commercial Uses
(J)(Q)(R)
Ambulance Services
-
ZA
-
Animal Sales & Services
L-16
Animal Boarding
-
ZA
-
Animal Grooming
-
P
-
Animal Hospitals
-
ZA
-
Animal-Retail Sales
-
P
-
Equestrian Centers (CG Zone)
-
PC
-
(S)
Pet Cemetery
-
PC
-
Artists' Studios
P
P
P
Banks and Savings & Loans
P
P
P
With Drive-Up Service
P
P
P
Building Materials and Services
-
P
-
Catering Services
P
P
P
Commercial Filming
P
P
P
(F)
Commercial Recreation and Entertainment
-
PC
PC
(D)
Communication Facilities
L-13
L-13
L-13
Eating and Drinking Establishments
P
P
P
W/Alcohol
ZA
ZA
ZA
(N)
W/Drive Through
-
P
P
W/Live Entertainment
ZA
ZA
ZA
(W)(Y)
W/Dancing
PC
PC
PC
(H)
W/Outdoor Dining
ZA
ZA
ZA
(X)
Food & Beverage Sales
-
P
L-12
W/Alcoholic Beverage Sales
-
ZA
ZA
(N)
Funeral & Interment Services
-
ZA
-
Laboratories
L-1
L-1
-
Maintenance & Repair Services
-
P
-
Marine Sales and Services
-
P
P
Nurseries
-
ZA
-
Offices, Business & Professional
P
P
P
Offices, Medical & Dental
P
P
P
Pawn Shops
-
ZA
-
Personal Enrichment Services
L-10
L-10
-
Personal Services
P
P
P
Research & Development Services
L-1
ZA
-
Retail Sales
-
P
P
(U)(V)(DD)
Secondhand Appliances/Clothing
-
P
-
Swap Meets, Indoor/Flea Markets
-
PC
-
(T)
Swap Meets, Recurring
-
ZA
-
Tattoo Establishments
-
ZA
-
Travel Services
P
P
P
Vehicle Equipment/Sales & Services
Automobile Rentals
-
L-8
L-8
L-12
Automobile Washing
-
ZA
-
Commercial Parking
-
ZA
ZA
(P)
Service Stations
-
PC
PC
(E)
Vehicle Equip. Repair
-
L-5
-
Vehicle Equip. Sales & Rentals
ZA
ZA
-
L-12
Vehicle Storage, Impound Yards
-
PC
-
(AA)
Vehicle Storage, Off-Site Auto Dealers
-
P/ZA
-
L-17 (BB)
Vehicle Storage, Recreational Vehicles
-
ZA
-
(CC)
Offices for Vehicle Equip. Sales & Rentals
L-15
L-15
-
Visitor Accommodations
Bed & Breakfast Inns
ZA
ZA
ZA
(K)
Hotels, Motels
-
PC
PC
(I)
Condominium-Hotel
-
-
PC
(Z)
Fractional Ownership Hotel
Quasi Residential
Timeshares
-
PC
-
(I)(J)
Residential Hotel
-
PC
-
(J)
Single Room Occupancy
-
PC
-
Industrial
(J)(Q)(R)(V)
Industry, Custom
-
L-6
L-6
Accessory Uses
(J)(V)
Accessory Uses & Structures
P/U
P/U
P/U
Temporary Uses
(F)(J)(V)
Animal Shows
-
TU
-
Circus and Carnivals and Festivals
-
TU
-
Commercial Filming, Limited
-
P
P
(M)
Real Estate Sales
P
P
P
Retail Sales, Outdoor
-
TU
TU
(M)
Seasonal Sales
TU
TU
TU
(M)
Tent Event
-
P
-
Trade Fairs
-
P
-
Nonconforming Uses
(G)(J)(V)
(4309-5/21/2024; 4334-4/15/2025)

§ 211.05 CO, CG, and CV Districts: Additional Provisions.

L-1 Permitted if the space is 5,000 square feet or less; allowed with Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet.
L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. (See Section 230.52, Emergency Shelters.)
L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet.
L-4 Reserved.
L-5 Only limited facilities are allowed subject to approval of a conditional use permit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile-service complex operated by a new vehicle dealer.
L-6 Only "small-scale" facilities, as described in use classifications, are permitted with a maximum seven persons employed full time in processing or treating retail products, limited to those sold on the premises.
L-7 Repealed.
L-8 On-site storage limited to two rental cars or two cars for lease.
L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities.
L-10 Permitted if the space is 5,000 square feet or less; allowed with Administrative Permit approval if space exceeds 5,000 square feet.
In addition, personal enrichment uses within a retail building parked at a ratio of one space per 200 square feet, shall require no additional parking provided the use complies with the following:
•
Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and
•
The instruction area does not exceed 75% of total floor area of the personal enrichment building area.
L-11 Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 square feet.
L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or display area.
L-13 For wireless communication facilities see Section 230.96, Wireless Communication Facilities. All other communication facilities permitted.
L-14 Allowed with Neighborhood Notification pursuant to Chapter 241 if space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet.
L-15 Includes businesses with the primary building use of office for vehicle retail sales and wholesale businesses which may display the maximum number of vehicles at any given time as required by the California Department of Motor Vehicles.
L-16 No person shall keep or maintain upon premises owned or controlled by him or her in the City, any kennel within 200 feet of any residential use. Refer to HBMC Section 7.12.150 - Kennels.
L-17 Permitted pursuant to an Administrative Permit if the property is 300 feet or more from a parcel used or zoned for residential development. Permitted pursuant to a conditional use permit from the Zoning Administrator if less than 300 feet from a parcel used or zoned for residential development.
A. 
Reserved.
B. 
See Section 230.40, Helicopter Takeoff and Landing Areas.
C. 
Repealed.
D. 
See Section 230.38, Game Centers; Chapter 5.28, Dance Halls; Chapter 9.24, Gambling Chapter 9.32, Pool and Billiard Halls.
E. 
See Section 230.32, Service Stations.
F. 
See Section 241.20, Temporary Use Permits.
G. 
See Chapter 236, Nonconforming Uses and Structures.
H. 
For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28, Dance Halls; Chapter 5.44, Entertainment Permits; and Chapter 5.70, Sex-Oriented Businesses.
I. 
Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided.
J. 
In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway.
K. 
See Section 230.42, Bed and Breakfast Inns.
L. 
Collection containers are permitted in all commercial districts; recycling facilities as an accessory use to a permitted use shall be permitted upon approval by the Director with Neighborhood Notification pursuant to Chapter 241. See Section 230.44, Recycling Operations.
M. 
Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86, Seasonal Sales.
N. 
The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process:
1. 
Retail markets with no more than 10% of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel.
2. 
Restaurants, bars, and liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use.
3. 
Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement.
O. 
See Section 230.46, Single Room Occupancy.
P. 
See Chapter 231 for temporary and seasonal parking.
Q. 
Development of vacant land or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic).
R. 
Projects within 500 feet of a PS District; see Chapter 244.
S. 
See Section 230.48, Equestrian Centers.
T. 
See Section 230.50, Indoor Swap Meets/Flea Markets.
U. 
See Section 230.94, Carts and Kiosks.
V. 
In the coastal zone, the preferred retail sales uses are those identified in the visitor serving commercial land use designation which provide opportunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services.
W. 
Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit.
X. 
Outdoor dining with alcohol sales shall be permitted with a conditional use permit from the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted without a conditional use permit. If over 400 square feet with no alcohol sales, Neighborhood Notification shall be required pursuant to Chapter 241.
Y. 
Neighborhood Notification requirements pursuant to Chapter 241.
Z. 
In the CV District, condominium-hotels and/or fractional interest hotels are allowed only at the Pacific City (Downtown Specific Plan District 7) and Waterfront (Downtown Specific Plan District 9) sites. Refer to Downtown Specific Plan.
AA. 
Storage areas shall be screened from view on all sides by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained.
BB. 
Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either brick, block, masonry, wood, vinyl or other similar material. The wall shall include a minimum ten foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained.
CC. 
Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall include a minimum 10-foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. Screening on the remaining sides shall be evaluated based on proposed site conditions as determined during the entitlement process.
DD. 
See Section 230.54, Smoke or Tobacco Shops.
(3248-6/95, 3334-6/97, 3341-10/96, 3378-2/98, 3482-12/00, 3522-2/02, 3553-5/02, 3568-9/02, 3707-6/05, 3774-10/07, 3848-1/10, 3859-2/10, 4038-12/14, 4091-10/16, 4174-3/19, 4199-3/20, 4309-5/21/2024; 4334-4/15/2025)

§ 211.06 CO, CG, and CV Districts-Development Standards.

The following schedule prescribes development standards for the CO, CG and CV districts. The first three columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions.
CO, CG, and CV Districts: Development Standards
CO
CG
CV
Additional Requirements
Residential Development
(A)(B)
Nonresidential Development
(B)
Minimum Lot Area (sq. ft.)
10,000
10,000
10,000
(C)
Minimum Lot Width (ft.)
100
100
100
Minimum Setbacks
Front (ft.)
10
10
0
(D)(E)(O)
Side (ft.)
5
0
0
(F)
Street Side (ft.)
10
10
0
(E)
Rear (ft.)
5
0
0
(F)
Maximum Height of Structures (ft.)
40
50
50
(F)(G)
Maximum Wall Dimensions
(N)
Maximum Floor Area Ratio (FAR)
1.0
1.5
0.5
Minimum Site Landscaping (%)
8
8
8
(H)(I)
Building Design Standards
(O)
Fences and Walls
(J)(K)
Off-Street Parking/Loading
(L)
Outdoor Facilities
See § 230.74
(M)
Screening of Mechanical Equipment
See § 230.76
(M)
Refuse Storage Areas
See § 230.78
Underground Utilities
See Ch. 17.64
Performance Standards
See § 230.82
Nonconforming Structures
See Ch. 236
Signs
See Ch. 233

§ 211.07 CO, CG, and CV Districts: Additional Development Standards.

(A) 
Dwelling units shall be subject to the standards for minimum setbacks, height limits, maximum density, open space, balconies and bay windows, and parking for the RMH District. The setback standards shall apply only to the stories of a building that are intended for residential use.
(B) 
See Section 230.62, Building Site Required, and Section 230.64, Development on Substandard Lots.
(C) 
The minimum site area for a hotel or motel is 20,000 square feet.
(D) 
See Section 230.68, Building Projections into Yards and Required Open Space. Double-frontage lots shall provide front yards on each frontage.
(E) 
A minimum 50-foot setback is required along Beach Boulevard, Pacific Coast Highway and Edinger Avenue or 25-foot setback with the setback area entirely landscaped.
(F) 
Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height.
(G) 
See Section 230.70, Measurement of Height, and Section 230.72, Exceptions to Height Limits.
(H) 
Planting Areas.
(1) 
Required front and street side yards shall be planting areas except properties with 50-foot setback shall provide a minimum 10-foot-wide planting area along street frontages.
(2) 
Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least six feet in height.
(3) 
Hotels and Motels. A 15-foot-wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks.
(I) 
See Chapter 232, Landscape Improvements.
(J) 
See Section 230.88, Fencing and Yards.
(K) 
A solid masonry or concrete wall at least six feet in height shall adjoin the site of an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height.
(L) 
See Chapter 231, Off-Street Parking and Loading.
(M) 
See Section 230.44, Recycling Operations and Section 230.80, Antennae.
(N) 
A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets, projections or recesses at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of four feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244.
Maximum Wall Length and Required Break
Zoning--Image-17.tif
Single Horizontal Offsets: 20 Feet
Zoning--Image-18.tif
Variable Offsets: 20 Feet and 4 Feet
(O) 
Two building design standards are established to make commercial areas more attractive and provide a unified streetscape:
(1) 
In the CV District a 10-foot minimum upper-story setback is required above the second story along street frontages.
Zoning--Image-19.tif
CV District: Upper-Story Setback
(2) 
In the CO and CV Districts, and on frontages adjacent to major or primary arterials in the CG District at least 40% of a building surface may be located at the minimum setback line if additional landscaping is provided on the site.
Zoning--Image-20.tif
Building Face at Setback Line
(3707-6/05, 3774-10/07, 4038-12/14, 4174-3/19)

§ 211.08 Review of Plans.

All applications for new construction, initial establishment of use, exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows:
A. 
Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter 241.
B. 
Design Review Board. See Chapter 244.
C. 
Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241.
D. 
Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245.
(3522-2/02, 3868-3/10, 3774-10/07, 4038-12/14, 4091-10/16, 4174-3/19)

§ 212.02 Industrial Districts Established.

Three Industrial zoning districts are established by this chapter as follows:
A. 
The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution.
B. 
The IL Limited Industrial District provides sites for moderate-to low-intensity industrial uses, commercial services and light manufacturing.
C. 
The RT Research and Technology District provides sites for manufacturing, research and development, technology, and professional offices in addition to traditional industrial uses.
These three districts will herein be referred to as the "Industrial Districts."
(3254-10/94, 4039-12/14, 4183-10/19)

§ 212.04 IG, IL, and RT Districts-Land Use Controls.

In the following schedules, letter designations are used as follows:
"P" designates use classifications permitted in commercial districts.
"L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow.
"PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission.
"ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator.
"TU" designates use classifications allowed upon approval of a temporary use permit.
"P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use.
"Neighborhood Notification" designates use classifications that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading.
IG, IL, and RT Districts: Land Use Controls
P = Permitted
L = Limited (see Additional Provisions)
PC = Conditional use permit approved by Planning Commission
ZA = Conditional use permit approved by Zoning Administrator
TU = Temporary use permit
P/U = Requires conditional use permit on site of conditional use
- = Not Permitted
IG
IL
RT
Additional Provisions
Residential
Group Residential
PC
PC
PC
(I)
Public and Semipublic
(A)(L)
Community and Human Service Facilities
P
P
P
(K)
Day Care, General
ZA
ZA
ZA
Heliports
PC
PC
PC
(N)
Maintenance and Service Facilities
ZA
ZA
ZA
Public Safety Facilities
P
P
P
Religious Assembly
ZA
ZA
ZA
Schools, Public or Private
L-6
L-6
L-6
Utilities, Major
PC
PC
PC
Utilities, Minor
L-7
L-7
L-7
(O)
Commercial Uses
(D)(L)
Ambulance Services
ZA
ZA
ZA
Animal Sales and Services
Animal Boarding
ZA
ZA
ZA
Animal Hospitals
ZA
ZA
ZA
Artists' Studios
P
P
P
Banks and Savings and Loans
L-1
L-1
L-1
Building Materials and Services
P
P
P
Catering Services
-
P
P
Commercial Filming
ZA
ZA
ZA
Commercial Recreation and Entertainment
L-2
L-2
PC
Communication Facilities
L-12
L-12
L-12
Eating and Drinking Establishments
L-2
L-2
L-2
w/Live Entertainment
ZA
ZA
ZA
(R)
w/Alcohol
ZA
ZA
ZA
Food and Beverage Sales
ZA
ZA
ZA
Hospitals and Medical Clinics
-
PC
PC
Laboratories
P
P
P
Maintenance and Repair Services
P
P
P
Marine Sales and Services
P
P
P
Nurseries
P
P
P
Offices, Business and Professional
L-10
L-10
L-10
(C)
Personal Enrichment
L-9
L-9
L-9
Personal Services
L-1
L-1
L-1
Quasi-Residential
PC
PC
PC
(J)
Research and Development Services
P
P
P
Sex-Oriented Businesses (regulated by Ch. 5.70)
L-11
L-11
L-11
Figure Model Studios (regulated by Ch. 5.60)
PC
PC
PC
(Q)
Swap Meets, Indoor/Flea Markets
PC
PC
PC
(P)
Vehicle/Equipment Sales and Services
Service Stations
L-4
L-4
L-4
Vehicle/Equipment Repair
P
P
P
Vehicle/Equipment Sales/Rentals
L-5
L-5
L-5
Vehicle Storage, Impound Yards
PC
PC
PC
(T)
Vehicle Storage, Off-Site Auto Dealers
P/ZA
P/ZA
P/ZA
(H)(U)(W)
Vehicle Storage, Recreational Vehicles
P/ZA
P/ZA
P/ZA
(H)(V)
Visitor Accommodations
ZA
ZA
ZA
Warehouse and Sales Outlets
L-8
L-8
L-8
Industrial (See Chapter 204)
(B)(L)(M)
Industry, Custom
P
P
P
Industry, General
P
P
P
Industry, Limited
P
P
P
Industry, R & D
P
P
P
Wholesaling, Distribution & Storage
150,000 square feet or less
P
P
P
Greater than 150,000 square feet
P
P
ZA
RT Flex Space
-
-
P
Alcoholic Beverage Manufacturing
P
P
P
(L-13)
Accessory Uses
Accessory Uses and Structures
P/U
P/U
P/U
(C)
Temporary Uses
Commercial Filming, Limited
P
P
P
(S)
Real Estate Sales
P
P
P
Trade Fairs
P
P
P
(E)
Nonconforming Uses
(F)
(4310-5/21/2024; 4333-4/15/2025)

§ 212.05 IG, IL, and RT Districts: Additional Provisions.

L-1 
Only allowed upon approval of a conditional use permit by the Zoning Administrator for a mixed use project, subject to the following requirements:
A. 
Minimum site area: three acres.
B. 
Maximum commercial space: 35% of the gross floor area and 50% of the ground floor area of buildings fronting on an arterial highway.
C. 
Phased development: 25% of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet, the initial phase must include five percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater.
L-2 
Permitted only when designed and operated for principal use by employees of the surrounding industrial development as an ancillary use to a primary industrial use. When designed for general public use, permitted after considering vehicular access and complying with minimum parking requirements.
L-3 
(Reserved)
L-4 
Only fueling stations offering services primarily oriented to businesses located in an Industrial District are allowed with a conditional use permit by the Planning Commission.
L-5 
No new or used automobile, truck or motorcycle retail sales are permitted.
L-6 
Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No elementary or secondary schools are permitted.
L-7 
Recycling operations as an accessory use are permitted if more than 150 feet from R districts; recycling operations as an accessory use less than 150 feet from R districts or recycling operations as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator. See Section 230.44, Recycling Operations.
L-8 
Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5% may be occupied by secondary tenants.
L-9 
Permitted if the space is 5,000 square feet or less; allowed by conditional use permit from the Zoning Administrator if the space is over 5,000 square feet.
L-10 
Accessory administrative, management, regional or headquarters offices incidental to a primary industrial use within the IG and IL Districts are limited to 10% of the floor area of the primary industrial use. Accessory office uses incidental to a primary use within the RT District are limited to 30% of the floor area of the primary use.
Accessory office spaces exceeding the limits above shall require a conditional use permit to the Zoning Administrator supported by a parking demand study for all uses on site.
Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any Industrial District.
L-11 
Allowed subject to the following requirements:
A. 
A proposed sex-oriented business shall be at least 500 feet from any residential use, school, park and recreational facility, or any building used for religious assembly (collectively referred to as a "sensitive use") and at least 750 feet from another sex-oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex-oriented business to the lot line of the sensitive use or the other sex-oriented business. The term "residential use" means any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan.
To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex-oriented business is proposed which includes all the proposed parking and:
1. 
The lot line of any other sex-oriented business within 750 feet of the lot line of the proposed sex-oriented business; and
2. 
The lot line of any building used for religious assembly, school, or park and recreational facility within 500 feet of the lot line of the proposed sex-oriented business; and
3. 
The lot line of any parcel of land zoned RL, RM, RMH, RH, and RMP and any parcels of land with equivalent designations under any specific plans within 500 feet of the lot line of the proposed sex-oriented business.
B. 
The front façade of the building, including the entrance and signage, shall not be visible from any major, primary or secondary arterial street as designated by the circulation element of the General Plan adopted May 1996, with the exception of Argosy Drive.
C. 
Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Community Development Department staff review of a sex-oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within 10 days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within 10 days. Within 30 days of receipt of a completed application, the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following:
1. 
Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking and Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236, Nonconforming Uses and Structures.
2. 
Section 233.08(B), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance except:
a. 
Such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and
b. 
Only the smallest of the signs permitted under Section 233.08(B) shall be visible from any major, primary or secondary arterial street, such streets shall be those designated in the circulation element of the General Plan adopted May 1996, with the exception of Argosy Drive.
3. 
Compliance with Huntington Beach Municipal Code Chapter 5.70.
D. 
The Director shall grant or deny the application for a sex-oriented business zoning permit for a sex-oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review.
E. 
Ten working days prior to submittal of an application for a sex-oriented business zoning permit for staff review, the applicant shall: (1) cause notice of the application to be printed in a newspaper of general circulation; and (2) give mailed notice of the application to property owners within 1,000 feet of the proposed location of the sex-oriented business; and (3) the City of Huntington Beach, Department of Community Development by first class mail.
The notice of application shall include the following:
1. 
Name of applicant;
2. 
Location of proposed sex-oriented business, including street address (if known) and/or lot and tract number;
3. 
Nature of the sex-oriented business, including maximum height and square footage of the proposed development;
4. 
The City Hall telephone number for the Department of Community Development to call for viewing plans;
5. 
The date by which any comments must be received in writing by the Department of Community Development. This date shall be 10 working days from staff review submittal; and
6. 
The address of the Department of Community Development.
F. 
A sex-oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233.
G. 
A sex-oriented business zoning permit shall become null and void one year after its date of approval unless:
1. 
Construction has commenced or a certificate of occupancy has been issued, whichever comes first; or
2. 
The use is established.
H. 
The validity of a sex-oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer.
I. 
A sex-oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months.
L-12 
For wireless communication facilities see Section 230.96, Wireless Communication Facilities. All other communication facilities permitted.
L-13 
Alcoholic Beverage Manufacturing Requirements.
1. 
Alcoholic Beverage Manufacturing uses without eating and drinking for public sales or service are permitted.
2. 
A maximum 1,000 square feet of indoor and/or outdoor eating and drinking area per business shall be permitted through an Administrative Permit with Neighborhood Notification pursuant to Chapter 241.
3. 
Indoor and/or outdoor eating and drinking areas greater than 1,000 square feet per business shall require a conditional use permit by the Zoning Administrator.
(A)
Repealed.
(B)
A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District.
(C)
Accessory office uses greater than the maximum allowable percentage of the floor area of the primary industrial use shall require a conditional use permit from the Zoning Administrator and a parking demand study demonstrating the adequate provision of on-site parking for all uses contained onsite.
(D)
In IG and IL Districts only, commercial space excluding business and professional office, not to exceed 25% of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator, provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, and the primary industrial fronts on an arterial.
(E)
See Section 241.22, Temporary Use Permits.
(F)
See Chapter 236, Nonconforming Uses and Structures.
(G)
(Reserved)
(H)
Permitted pursuant to an Administrative Permit if the property is 300 feet or more from a parcel used or zoned for residential development. Permitted pursuant to a conditional use permit from the Zoning Administrator if less than 300 feet from a parcel used or zoned for residential development.
(I)
Limited to facilities serving workers employed on-site.
(J)
Limited to single room occupancy uses. (See Section 230.46.)
(K)
Limited to emergency shelters. (See Section 230.52, Emergency Shelters.)
(L)
Development of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic).
(M)
Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than one-third of the site for outdoor operation.
(N)
See Section 230.40, Helicopter Takeoff and Landing Areas.
(O)
See Section 230.44, Recycling Operations.
(P)
See Section 230.50, Indoor Swap Meets/Flea Markets.
(Q)
See L-11(A) relating to locational restrictions.
(R)
Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. Neighborhood Notification requirements when no entitlement required pursuant to Chapter 241.
(S)
Subject to approval by the Police Department, Public Works Department, and Fire Department and the Community Development Director.
(T)
In all districts, storage areas shall be screened from view on all sides by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained.
(U)
In all districts, storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either brick, block, masonry, wood, vinyl or other similar material. The wall shall include a minimum 10-foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained.
(V)
In all districts, storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall include a minimum ten foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. Screening on the remaining sides shall be evaluated based on proposed site conditions as determined during the entitlement process.
(W)
Auto storage uses on public agency owned property shall be permitted by right pursuant to submittal of a Parking Area Plan. See Section 231.26.
(3254-10/94, 3378-2/98, 3523-2/02, 3568-9/02, 3703-3/05, 3708-6/05, 3724-02/06, 3788-12/07, 3843-11/09, 3860-2/10, 4039-12/14, 4092-10/16, 4183-10/19, 4198-3/20)

§ 212.06 IG, IL, and RT Districts-Development Standards.

The following schedule prescribes development standards for the Industrial Districts. The first three columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column reference requirements following the schedule or located elsewhere in this title. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions.
IG
IL
RT
Additional Requirements
Residential Development
(M)
Nonresidential Development
Minimum Lot Area (sq. ft.)
20,000
20,000
15,000
(A)(B)
Minimum Lot Width (ft.)
100
100
75
(A)(B)
Minimum Setbacks
(A)(C)
Front (ft.)
10; 20
10; 20
10; 20
(D)
Side (ft.)
0
15
0
(E)(F)
Street Side (ft.)
10
10
10
Rear (ft.)
0
0
0
(E)
Maximum Height of Structures (ft.)
40
40
40
(G)
Maximum Floor Area Ratio (FAR)
0.75
0.75
1.0
Minimum Site Landscaping (%)
8
8
8
(H)(I)
Fences and Walls
See § 230.88
Off-Street Parking and Loading
See Ch. 231
(J)
Outdoor Facilities
See § 230.74
Screening of Mechanical Equipment
See § 230.76
(K)
Refuse Storage Area
See § 230.78
Underground Utilities
See Ch. 17.64
Performance Standards
See § 230.82
(L) (N)
Nonconforming Uses and Structures
See Ch. 236
Signs
See Ch. 233

§ 212.07 IG, IL, and RT Districts: Additional Development Standards.

(A) 
See Section 230.62, Building Site Required, and Section 230.64, Development on Substandard Lots.
(B) 
Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator with an approved development plan and tentative subdivision map.
(C) 
See Section 230.68, Building Projections into Yards and Required Open Space. Double-frontage lots shall provide front yards on each frontage.
(D) 
The minimum front setback shall be 10 feet and the average setback 20 feet, except for parcels fronting on local streets where only a 10-foot setback is required.
All Industrial Districts. An additional setback is required for buildings exceeding 25 feet in height (one foot for each foot of height) and for buildings exceeding 150 feet in length (one foot for each 10 feet of building length) up to a maximum setback of 30 feet.
(E) 
In all Industrial Districts, a 15-foot setback is required abutting an R district and no openings in buildings within 45 feet of an R district.
(F) 
A zero-side yard setback may be permitted in the Industrial Districts, but not abutting an R district, provided that a solid wall at the property line is constructed of maintenance-free masonry material and the opposite side yard is a minimum of 30 feet.
Exception. The Zoning Administrator or Planning Commission may approve a conditional use permit to allow a 15-foot interior side yard opposite a zero-side yard on one lot, if an abutting side yard at least 15 feet wide is provided and access easements are recorded ensuring a minimum 30-foot separation between buildings. This 30-foot accessway must be maintained free of obstructions and open to the sky, and no opening for truck loading or unloading shall be permitted in the building face fronting on the accessway unless a 45-foot long striped area is provided solely for loading and unloading entirely within the building.
(G) 
See Section 230.70, Measurement of Height. Within 45 feet of an R district, no building or structure shall exceed a height of 18 feet.
(H) 
Planting Areas. Required front and street-side yards adjacent to a public right-of-way shall be planting areas except for necessary drives and walks. A six-foot wide planting area shall be provided adjacent to an R district and contain one tree for each 25 lineal feet of planting area.
(I) 
See Chapter 232, Landscape Improvements.
(J) 
Truck or rail loading, dock facilities, and the doors for such facilities shall not be visible from or be located within 45 feet of an R district.
(K) 
See Section 230.80, Antennae.
(L) 
Noise. No new use shall be permitted, or exterior alterations and/or additions to an existing use allowed, within 150 feet of an R district until a report prepared by a California state-licensed acoustical engineer is approved by the Director. This report shall include recommended noise mitigation measures for the industrial use to ensure that noise levels will conform with Chapter 8.40 of the Municipal Code. The Director may waive this requirement for change of use or addition or exterior alteration to an existing use if it can be established that there had been no previous noise offense, that no outside activities will take place, or if adequate noise mitigation measures for the development are provided.
(M) 
Group residential or accessory residential uses shall be subject to standards for minimum setbacks and height of the RH District.
(N) 
Performance Standards. The following regulations provided herein apply to all activities, processes, and uses within the Industrial Districts and are provided solely for reference in conjunction with Chapter 230.82. Existing and proposed uses within the Industrial Districts must conform to all federal, state, and City laws, ordinances, and standards at all times.
1. 
Dust, Fumes and Odors. Emissions of dust, odors, smoke, fumes or particulate must comply with all rules established by the Environmental Protection Agency (EPA) (Code of Federal Regulations, Title 40), the California Air Resources Board (CARB), and the South Coast Air Quality Management District (SCAQMD) or their successor agencies.
2. 
Electromagnetic Interference. No electromagnetic interference with electronic equipment beyond the property line shall be permitted and shall be in compliance with applicable Federal Communications Commission (FCC) regulations.
3. 
Glare. Significant, direct glare shall not be visible beyond the property line of the applicable use.
4. 
Heat and Humidity. Heat emitted shall not increase the temperature of another property in excess of five degrees Fahrenheit.
5. 
Noise. Chapter 8.40 of the Municipal Code, Noise Control, shall be enforced.
6. 
Waste Disposal Discharge. Discharge of any liquids or solids into any body of water, watercourse, sewage system, or ground shall not be permitted, except in compliance with applicable regulations of the State of California Santa Ana Regional Water Quality Control Board or their successor agency.
7. 
Waste Containment. Storage and handling of wastes shall be practiced so as to prevent nuisance, health, safety and fire hazards. Any hazardous waste shall be stored in a closed container.
8. 
Vibration. Vibration transmitted through the ground shall not be produced with the exception of vibration from temporary uses, i.e. construction and vehicles entering and exiting.
9. 
Location of Measurements. Measurements for determining compliance with the standards of this Section shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.
(3254-10/94, 4039-12/14, 4183-10/19)

§ 212.08 Review of Plans.

All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows:
A. 
Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects including a zero-side yard exception; projects on substandard lots.
B. 
Design Review Board. See Chapter 244.
C. 
Planning Commission. Projects requiring a conditional use permit from the Commission.
D. 
Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245.
(3254-10/94, 3708-6/05, 3869-3/10, 4039-12/14, 4092-10/16, 4183-10/19)

§ 213.02 Open Space District Established.

An Open Space District is established by this chapter. This district provides areas for public or private use and areas for preservation and enhancement. Three subdistricts have been identified:
A. 
OS-PR Open Space-Parks and Recreation Subdistrict.
B. 
OS-S Open Space-Shoreline.
C. 
OS-WR Open Space-Water Recreation Subdistrict.
(3334-6/97)

§ 213.04 Applicability.

The OS District shall be the base district for the use classifications listed in Section 213.06 where these classifications have a minimum contiguous site area of two acres, including alleys, streets or other rights-of-way. Open-space use classifications on sites of less than two acres shall be subject to the provisions of the base and overlay districts in which they are located.
(3334-6/97)

§ 213.06 OS District-Land Use Controls.

In the following schedule, letter designations are used as follows:
"P" designates use classifications permitted in the OS District.
"L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow.
"PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission.
"ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator.
"TU" designates use classifications permitted on approval of a temporary use permit.
"P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a use permit on the site of a conditional use.
Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading.
OS District Land Use Controls
P = Permitted
L = Limited (see Additional Provisions)
PC = Conditional use permit approved by Planning Commission
ZA = Conditional use permit approved by Zoning Administrator
TU = Temporary Use Permit
P/U = Requires conditional use permit on site of conditional use
- = Not Permitted
OS-PR
OS-S
OS-WR
Additional Provisions
Public and Semipublic
(F)
Marinas
-
-
PC
Park & Recreation Facilities
PC
PC
-
Public Safety Facilities
-
PC
-
Utilities, Major
-
-
-
Utilities, Minor
ZA
-
ZA
Commercial Uses
(F)
Animal Sales and Services
Equestrian Centers
PC
-
-
(E)
Commercial Recreation and Entertainment
PC
-
-
Communication Facilities
L-4
Eating & Drinking Establishments
L1
L1
-
With Alcohol
ZA
-
-
L-5
With Take-Out Service, Limited
L1
L3
-
Vehicle/Equipment Sales and Services
-
Commercial Parking Facility
L2
L2
-
Accessory Uses
(A)(D)
Accessory Uses and Structures
P/U
P/U
P/U
Temporary Uses
(B)
Animal Shows
TU
-
-
Circuses and Carnivals
TU
-
-
Commercial Filming
TU
TU
TU
Nonconforming Uses
(C)

§ 213.07 OS District: Additional Provisions.

L-1 
Allowed with a conditional use permit approval by the Zoning Administrator only as an ancillary use that is compatible with and part of a park or recreational facility. Only in the coastal zone overlay district, in public parks in both the Parks and Recreation and the Shoreline Subdistricts, only the following type of eating and drinking establishment shall be permitted: 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; and persons are not served in vehicles.
L-2 
Public parking is permitted, but commercial parking facilities on City-owned land require a conditional use permit approval by the Planning Commission. Recreational vehicle overnight parking is limited to 10% of available public parking. No encroachment onto sandy beach area shall be permitted.
L-3 
Beach concession stands for sale of refreshments and sundries (not to exceed 2,500 square feet) must be located a minimum 1,000 feet apart. Beach concession structures shall be located within or immediately adjacent to paved parking or access areas.
L-4 
Only wireless communication facilities permitted subject to Section 230.96, Wireless Communication Facilities.
L-5 
Eating and drinking establishments with full table service, with or without outdoor dining, located in Central Park may provide on-site sales, service and consumption of beer and wine upon obtaining a Conditional Use Permit approved by the Zoning Administrator. Public or private golf courses, with or without outdoor dining, may provide on-site sales, service and consumption of alcohol upon obtaining a Conditional Use Permit approved by the Zoning Administrator.
(A)
Limited to facilities incidental to an open space use.
(B)
See Section 241.22, Temporary Use Permits.
(C)
See Chapter 236, Nonconforming Uses and Structures.
(D)
Private cantilevered decks abutting residential uses; private boat ramps, slips, docks, windscreen and boat hoists in conjunction with adjacent single family dwellings. See Residential Districts and Chapter 17.24.
(E)
See Section 230.48, Equestrian Centers.
(F)
The permitted uses for recreation areas on the Huntington Beach mesa shall be limited to low-intensity uses including picnic grounds, arboretums, bird sanctuaries, trails. High-intensity uses such as tennis courts, athletic fields, stables, campgrounds or other commercial or recreation uses shall be conditional only, and shall be located in nodes adjacent to existing developed areas or roads and shall avoid adverse impacts on environmentally sensitive habitats.
(3334-6/97, 3568-9/02, 4156-6/18)

§ 213.08 OS District-Development Standards.

The following schedule prescribes development standards for the OS-PR, OS-S and OS-WR subdistricts. The first three columns prescribe basic requirements for permitted and conditional uses in each subdistrict. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions.
OS-PR, OS-S, and OS-WR Districts: Development Standards
OS-PR
OS-S
OS-WR
Additional Requirements
Nonresidential Development
Minimum Lot Area (sq. ft.)
5 ac
-
-
Minimum Lot Width (ft.)
100
-
-
Minimum Setbacks
Front (ft.)
25
50
-
Side (ft.)
25
-
-
Street Side (ft.)
-
25
-
Rear (ft.)
25
20
-
Maximum Height of Structures (ft.)
45
20
-
(A)(E)
Maximum Lot Coverage (%)
25
-
-
Minimum Site Landscaping
See Ch. 232
(B)(F)
Building Design
(A)(C)
Fences and Walls
See § 230.88
Off-Street Parking/Loading
See Ch. 231
Outdoor Facilities
See § 230.74
Screening of Mechanical Equipment
See § 230.76
Refuse Storage Areas
See § 230.78
Underground Utilities
See Ch. 17.64
(D)
Performance Standards
See § 230.82
Nonconforming Structures
See Ch. 236
Signs
See Ch. 233

§ 213.09 OS District: Additional Development Standards.

(A) 
All development shall be compatible with the established physical scale of the area and shall not encroach on major view corridors. Public visual resources within the coastal zone shall be preserved and enhanced. Maximum height limit for development within the coastal zone in the Open Space Recreation Subdistrict shall be 35 feet.
(B) 
To the extent feasible, mature trees shall be protected. Development shall ensure maximum protection of native vegetation and sensitive wildlife habitats.
(C) 
All buildings and structures shall be sited and designed to ensure stability and structural integrity for their expected economic life span and to minimize alterations to natural landforms.
(D) 
Underground utilities shall be provided unless underground installation would have a substantial adverse impact on the environment.
(E) 
Facilities necessary for public safety may exceed maximum height.
(F) 
All setback areas along street frontages in OS-PR shall be fully landscaped.
(3334-6/97)

§ 213.10 Review of Plans.

All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows:
A. 
Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots.
B. 
Design Review Board. See Chapter 244.
C. 
Planning Commission. Projects requiring a conditional use permit from the Commission.
D. 
Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245.
(3870-3/10, 4093-10/16)

§ 214.02 Public-Semipublic District Established.

The PS Public-Semipublic District is established by this chapter. This district provides areas for large public or semipublic uses. The intent of this district in the coastal zone is to implement the public, quasi-public, and institutional land use designation of the certified Local Coastal Program Land Use Plan.
(3334-6/97, 4173-3/19)

§ 214.04 Applicability.

The PS District shall be the base district for the use classifications listed in Section 214.06 where these have a contiguous site area of two acres or more, including alleys, streets, or other rights-of-way. This requirement does not apply to public-semipublic use classifications in commercial districts. Public-semipublic use classifications on sites of less than two acres shall be subject to the provisions of the base and overlay districts in which they are located.
(3553-5/02, 4173-3/19)

§ 214.06 PS District-Land Use Controls.

In the following schedule, letter designations are used as follows:
"P" designates use classifications permitted in PS districts.
"L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow.
"PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission.
"TU" designates use classifications allowed on approval of a temporary use permit.
"P/U" for an accessory use means that the use is permitted on the site of a permitted use but requires a conditional use permit on the site of a conditional use.
Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading.
PS District: Land Use Controls
P = Permitted
L = Limited (see Additional Provisions)
PC = Conditional use permit approved by Planning Commission
TU = Temporary use permit
P/U = Requires conditional use permit on site of a conditional use
PS
Additional Provisions
Public and Semipublic
Cemetery
PC
Convalescent Facilities
PC
Cultural Institutions
PC
Day Care, General
PC
Government Offices
L-1
Hospitals
PC
Maintenance & Service Facilities
L-1
Park & Recreation Facilities
PC
Public Safety Facilities
PC
Religious Assembly
ZA
Residential Care, General
PC
Schools, Public or Private
PC
Utilities, Major
PC
Utilities, Minor
P
Commercial Uses
Commercial Parking Facility
L-3
Communication Facilities
L-4
Eating and Drinking Establishments
L-2
Vehicle/Equipment Sales and Services
L-1
Accessory Uses
Accessory Uses and Structures
P/U
Temporary Uses
(A)
Animal Shows
TU
Circuses and Carnivals
TU
Commercial Filming, Limited
TU
Trade Fairs
P
Nonconforming Uses
(B)

§ 214.07 PS District: Additional Provisions.

L-1 
City-owned facilities are permitted; all other facilities require a conditional use permit from the Zoning Administrator.
L-2 
Permitted as an accessory use in a cultural, educational, hospital, or medical institution occupying no more than 5,000 square feet, only if there is no separate entrance or sign.
L-3 
Public parking permitted, but commercial parking facilities on City-owned land require a conditional use permit from the Zoning Administrator.
L-4 
Only wireless communication facilities permitted subject to Section 230.96, Wireless Communication Facilities.
(A)
See Section 241.20, Temporary Use Permits.
(B)
See Chapter 236, Nonconforming Uses and Structures.
(3524-2/02, 3568-9/02, 3673-12/04, 4173-3/19)

§ 214.08 PS District-Development Standards.

The following schedule prescribes development standards for the PS District. The first column prescribes basic requirements for permitted and conditional uses in the district. Letters in parentheses in the "Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions.
PS District: Development Standards
PS
Additional Requirements
Nonresidential Development
(A)
Minimum Lot Area
2 ac
Minimum Lot Width (ft.)
100
Minimum Setbacks
Front (ft.)
10
(B)(C)(M)
Side (ft.)
0
(D)
Street Side (ft.)
10
(C)
Rear (ft.)
0
(D)
Maximum Height of Structures (ft.)
50
(D)(E)(N)
Maximum Floor Area Ratio (FAR)
1.5
Minimum Site Landscaping (%)
8
(F)(G)
Building Design Standards
(L)(M)
Fences and Walls
(H)(I)
Off-Street Parking/Loading
(J)
Outdoor Facilities
See Section 230.74
(K)
Screening of Mechanical Equipment
See Section 230.76
(K)
Refuse Storage Areas
See Section 230.78
Underground Utilities
See Ch. 17.64
Performance Standards
See Section 230.82
Nonconforming Structures
See Ch. 236
Signs
See Ch. 233

§ 214.09 PS District: Additional Development Standards.

(A) 
See Section 230.62, Building Site Required.
(B) 
See Section 230.68, Building Projections into Yards and Required Open Space. Double-frontage lots shall provide front yards on each frontage.
(C) 
A minimum 50-foot setback is required along Beach Boulevard, Edinger Avenue, and Pacific Coast Highway or 25-foot setback with the setback area entirely landscaped.
(D) 
Along a side or rear property line abutting an R district, a 10-foot setback is required, and structures within 45 feet of the district boundary shall not exceed 18 feet in height.
(E) 
See Section 230.70, Measurement of Height, and Section 230.72, Exceptions to Height Limits.
(F) 
Planting Areas.
(1) 
Required side and rear yards shall be planting areas or shall be enclosed by a solid concrete or masonry wall at least six feet in height.
(2) 
A 10-foot wide landscaped strip shall be provided along all street frontages, except for necessary driveways and walks.
(G) 
See Chapter 232, Landscape Improvements.
(H) 
See Section 230.88, Fencing and Yards.
(I) 
A solid masonry or concrete wall at least six feet in height shall adjoin the site of an existing ground-floor residential use. However, where the portion of the site within 10 feet of the front property line is occupied by planting area or by a building having no openings except openings opposite a street property line, the Director may grant an exception to this requirement. A wall within 15 feet of a street property line shall not exceed 3.5 feet in height.
(J) 
See Chapter 231, Off-Street Parking and Loading.
(K) 
See Section 230.44, Recycling Operations, and Section 230.80, Antennae.
(L) 
A front or street side wall surface shall be no longer than 100 feet without a break, a recess or offset measuring at least 20 feet in depth and one-quarter of the building length, or a series of offsets, projections or recesses, at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of four feet. The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244.
(M) 
On frontages adjacent to major or primary arterials at least 40% of a building surface may be located at the minimum setback line if additional landscaping is provided on the site.
(N) 
In the coastal zone, the maximum allowable height of structures shall be reduced as necessary to retain compatibility with the established physical scale of the area and to preserve and enhance public visual resources.
(3334-6/97, 3673-12/04, 4173-3/19)

§ 214.10 Review of Plans.

All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required for projects requiring conditional use permits. Design Review shall be required for all projects except temporary uses pursuant to Chapter 244. A Coastal Development Permit is required for projects in the Coastal Zone unless the project is exempt (see Chapter 245).
(3871-3/10, 4103-10/16, 4173-3/19)

§ 215.02 Specific Plan District Established.

The SP Specific Plan District is established by this chapter. This district provides areas for the development and administration of specific plans, prepared in accord with the City of Huntington Beach Charter, consistent with the General Plan and, for specific plans located within the coastal zone, the Local Coastal Program.
(3334-6/97, 4133-5/18)

§ 215.04 SP District Land Use Controls.

No use other than an existing use shall be permitted in an SP District except in accord with a valid specific plan. Any permitted or conditional use authorized by this title may be included in an adopted specific plan, consistent with the General Plan and, for development located within the coastal zone, Local Coastal Program Land Use Plan land-use designation(s) for land within the SP District.
(3334-6/97)

§ 215.06 SP District Development Standards.

A. 
Minimum Area. The minimum net area of an SP District shall be two acres, provided that an SP district may be subdivided in accord with a valid specific plan.
B. 
Residential Unit Density. The total number of dwelling units in a specific plan shall not exceed the maximum number permitted by the General Plan and Local Coastal Program Land Use Plan density for the total area of parcels designated for residential use.
C. 
Performance Standards. The performance standards prescribed by Section 230.82 shall apply.
D. 
Other Development Standards. Other development standards shall be as prescribed by the specific plan.
(3334-6/97)

§ 215.08 Initiation.

An amendment to reclassify property to an SP District may be initiated by a property owner or authorized agent, the Planning Commission, or the City Council. If the property is not under a single ownership, all owners shall join in the application, and a map showing the extent of ownerships shall be submitted with concept plans and materials.
(3334-6/97)

§ 215.10 Required Plans and Materials.

In addition to the plans and materials required to accompany an application for a zoning map amendment by Chapter 247, an application for rezoning to an SP District shall include a specific plan incorporating the following information:
A. 
A map showing proposed district boundaries and the relationship of the district to uses and structures within a 300-foot radius of the district boundaries.
B. 
A map or aerial photo of the proposed district and 100 feet beyond its boundary showing sufficient topographic data to indicate clearly the character of the terrain; the type, location, and condition of trees and other natural vegetation; and the location of existing development.
C. 
The proposed pattern of land use, with acreage and residential density computations.
D. 
The proposed street and lot pattern.
E. 
Typical building elevations and sections.
F. 
A statement explaining the reasons that justify use of an SP District for the project in relation to the findings required by Section 215.12(A).
(3334-6/97)

§ 215.12 Planning Commission Action.

A. 
The Planning Commission shall consider an application for reclassification to an SP District as prescribed in Chapter 247 and shall at the same time consider the proposed specific plan accompanying the application. A recommendation of the Commission to reclassify to an SP District shall be accompanied by a resolution recommending a specific plan.
B. 
Required Findings. The Planning Commission shall recommend to the City Council approval or conditional approval of a specific plan upon finding that:
1. 
The specific plan is consistent with the adopted land use element of the General Plan and, if in the coastal zone, with the certified Local Coastal Program Land Use Plan, and other applicable policies and is compatible with surrounding development;
2. 
The specific plan will enhance the potential for superior urban design in comparison with the development under the base district provisions that would apply if the plan were not approved;
3. 
Deviations from the base district provisions that otherwise would apply are justified by compensating benefits of the specific plan; and
4. 
The specific plan includes adequate provisions for utilities, services, and emergency vehicle access; and public service demands will not exceed the capacity of existing and planned systems.
(3334-6/97)

§ 215.14 Status of Specific Plan.

A specific plan adopted by resolution of the City Council shall be administered as prescribed by the Council, and adopted pursuant to the City of Huntington Beach Charter authority. A specific plan shall not become effective unless a Local Coastal Program amendment is effectively certified by the California Coastal Commission.
(3334-6/97, 4144-5/18)

§ 215.16 Zoning Map Designation.

An SP District shall be noted by the designation "SP," followed by the number of the SP District based on order of adoption. Specific plans shall be noted by the designation "SP" followed by the name and number of the SP District and the name of the specific plan.
(3334-6/97)

§ 215.18 Review of Plans.

Application for building permits for projects in an SP District shall be accepted only if project plans are consistent with a valid specific plan and with all other applicable requirements of the Huntington Beach Municipal Code.
(3334-6/97)

§ 216.02 Purpose.

A. 
The purpose of the CC Coastal Conservation District is to implement the General Plan and Local Coastal Program Land Use designation of Open Space: Conservation; and provide for the protection, maintenance, restoration and enhancement of wetlands and environmentally sensitive habitat areas located within the coastal zone while allowing for appropriate utilization to occur.
B. 
The CC District specifies permitted uses within areas with a CC zoning designation, consistent with the California Coastal Act of 1976 (Division 20 of the Public Resources Code), the General Plan and the Local Coastal Program Land Use Plan.
C. 
The application of the CC District 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.
(3326-5/96, 3833-7/09)

§ 216.04 Definitions.

Coastal Dependent Development or Use.
Any development or use which requires a site on, or adjacent to, the sea to be able to function at all.
Energy Facility.
Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy.
Environmentally Sensitive (Habitat) Area.
A wetland or any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.
Feasible.
Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, social, and technological factors.
Functional Capacity.
The ability of an environmentally sensitive area to be self sustaining and to maintain natural species diversity.
Resource Protection Area.
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.
Significant Disruption.
Having a substantial adverse effect upon the functional capacity.
Wetland.
Lands within the Coastal Zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats and fens.
(3833-7/09, 3903-12/10)

§ 216.06 Designation of the Project Area.

Development or subdivision of any parcel in whole or in part within the CC District shall be permitted only pursuant to an overall development plan for the entirety of all parcels that are geographically contiguous and in common ownership at the time of application. For purposes of determining common ownership pursuant to this chapter, parcels which are owned in fee, as well as parcels subject to existing purchase options, shall be treated as commonly owned. Consistent with Government Code Section 66424, property shall be considered as contiguous pursuant to this chapter even if separated by roads, streets, utility easements or railroad rights-of-way.
(3326-5/96)

§ 216.08 Permitted Uses and Structures.

A. 
The following principal uses and structures shall be permitted in the CC District where no feasible, less environmentally damaging alternative exists and where feasible mitigation measures have been provided and are subject to issuance of a conditional use permit by the Zoning Administrator. Said permit shall ensure that the uses are developed in a manner compatible with the purpose of this district. Such permitted uses are:
1. 
Incidental public service projects such as, but not limited to, burying cables and pipes.
2. 
Maintenance of existing streets and utility structures.
B. 
The extension of Hamilton Avenue shall be permitted between Beach Boulevard and Newland Street. The precise alignment of Hamilton Avenue shall not be approved without documentation that the least environmentally damaging feasible alternative is the chosen alternative. Before the precise alignment of Hamilton Avenue can be approved, an environmental impact report shall be certified which addresses the alternative alignments for Hamilton Avenue and the mitigation needs generated from each alternative. The alternatives analysis shall include, at a minimum, the following:
1. 
Placing the roadway in an alignment which is most protective of wetland habitats, including the construction of the road on pilings or bridging the road over the wetlands; and
2. 
Limiting the width of the roadway by narrowing lanes and eliminating shoulders; and
3. 
Requiring full mitigation for any impacted wetlands.
No net loss of wetland shall occur. Any wetland which is filled or reduced in productivity by the project will be replaced by restoring otherwise degraded or non-functioning wetland as close as feasible to the project site.
C. 
The following uses and structures may be permitted in the CC District subject to Planning Commission approval of a conditional use permit where there is no feasible, less environmentally damaging alternative and where feasible mitigation measures have been provided.
1. 
New or expanded energy and coastal dependent industrial facilities where no feasible, less environmentally damaging alternative exists and where consistent with the study titled Designation of Coastal Zone Areas Where Construction of an Electric Power Plant Would Prevent Achievement of the Objectives of the California Coastal Act of 1976 (re-adopted by the California Coastal Commission December 1985).
2. 
Diking, dredging and filling which are necessary for the protection, maintenance, restoration or enhancement of the environmentally sensitive habitat area's functional capacity.
3. 
Flood Control Facilities.
a. 
Maintenance of existing modified flood control facilities where the primary purpose is to maintain existing flood control capacity and where such maintenance is necessary for public safety or to protect existing development where there is no other feasible method for protecting structures in the flood plain. No maintenance activities shall be permitted which have the effect of draining wetlands.
Maintenance activities may include maintenance dredging of less than 100,000 cubic yards within a 12-month period; lining of existing in-place artificial channels; increasing the height of existing levees; or changes in the cross section of the interior channel to accommodate the design capacity of existing channels when no widening of the top dimensions or widening of the outer levees is required.
b. 
Only in conjunction with restoration plans, new flood control facilities where necessary for public safety and to protect existing development where there is no other feasible method for protecting structures in the flood plain.
4. 
Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas.
5. 
Pedestrian trails and observation platforms for passive nature study; i.e., bird watching and the study of flora and fauna native to the site. Such uses may be located within an environmentally sensitive habitat area provided that said use(s) are immediately adjacent to the area's peripheral edge.
6. 
Maintaining existing, or restoring previously dredged depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps.
7. 
Nature study, aquaculture, or similar resource dependent activities.
8. 
Habitat restoration projects.
9. 
For the portion of any parcel which is not designated Conservation under the certified land use plan, any use authorized by and in conformance with the CV District.
10. 
In addition to the above uses, coastal dependent industrial facilities shall also be allowed even where inconsistent with other provisions of the certified Local Coastal Program if:
a. 
To locate elsewhere is infeasible or causes greater environmental damage, and
b. 
To do otherwise would adversely affect the public welfare, and
c. 
Adverse environmental effects are mitigated to the maximum extent feasible, and
d. 
Where findings consistent with Section 216.20 can be made.
D. 
Permitted uses, development requirements and restrictions applicable to development within Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal Element Land Use Plan are provided in the Coastal Element Land Use Plan, Table C-2. Subdivision design and development within Subarea 4K shall incorporate the information from the plans and studies required in Table C-2 for development of that subarea. If there is a conflict between the requirements and restrictions of Table C-2 and other provisions of the Zoning and Subdivision Ordinance, the requirements and restrictions included in Table C-2 shall prevail.
(3326-5/96, 3833-7/09)

§ 216.10 Economically Viable Use Determination.

A. 
Any applicant that proposes a use other than one permitted in the CC District based on the contention that the uses permitted in this district will not provide an economically viable use of his or her property shall apply for an economic viability determination in conjunction with their Coastal Development Permit application. The application for an economic viability determination shall include the entirety of all parcels that are geographically contiguous and held by the applicant in common ownership at the time of the application. Before any application for a Coastal Development Permit and economic viability determination is accepted for processing, the applicant shall provide the following information:
1. 
The date the applicant purchased or otherwise acquired the property, and from whom.
2. 
The purchase price paid by the applicant for the property.
3. 
The fair market value of the property at the time the applicant acquired it, describing the basis upon which the fair market value is derived, including any appraisals done at the time.
4. 
The General Plan, zoning or similar land use designations applicable to the property at the time the applicant acquired it, as well as any changes to these designations that occurred after acquisition.
5. 
Any development restrictions or other restrictions on use, other than government regulatory restrictions described in paragraph 4 of this subsection, that applied to the property at the time the applicant acquired it, or which have been imposed after acquisition.
6. 
Any change in the size of the property since the time the applicant acquired it, including a discussion of the nature of the change, the circumstances and the relevant dates.
7. 
A discussion of whether the applicant has sold or leased a portion of, or interest in, the property since the time of purchase, indicating the relevant dates, sales prices, rents, and nature of the portion or interests in the property that were sold or leased.
8. 
Any title reports, litigation guarantees or similar documents in connection with all or a portion of the property of which the applicant is aware.
9. 
Any offers to buy all or a portion of the property which the applicant solicited or received, including the approximate date of the offer and offered price.
10. 
The applicant's costs associated with the ownership of the property, annualized for each of the last five calendar years, including property taxes, property assessments, debt service costs (such as mortgage and interest costs), and operation and management costs.
11. 
Apart from any rent received from the leasing of all or a portion of the property, any income generated by the use of all or a portion of the property over the last five calendar years. If there is any such income to report it should be listed on an annualized basis along with a description of the uses that generate or have generated such income.
B. 
The decision-making authority shall hold a public hearing on any application for an economically viable use determination. Prior to approving a Coastal Development Permit for a use other than one provided for in the CC District, the decision-making authority shall make the following findings:
1. 
Based on the economic information provided by the applicant, as well as any other relevant evidence, each use provided for in the CC District would not provide an economically viable use of the applicant's property.
2. 
Restricting the use of the applicant's property to the uses provided for in the CC District would interfere with the applicant's reasonable investment-backed expectations.
The findings adopted by the decision-making authority shall identify the evidence supporting the findings.
C. 
Where the decision-making authority finds that the uses provided for in the CC District would not provide an economically viable use, and that restricting the use of the applicant's property to these uses would interfere with their reasonable investment-backed expectations, the uses provided for in the visitor serving commercial zoning district may be allowed as a conditional use and in the area located west of Newland Street and north of the Orange County Flood Channel only, the uses provided for in the IL Limited Industrial District may be allowed as a conditional use. A specific development proposal for a visitor serving commercial use or limited industrial use, may be denied, however, if a feasible, less environmentally damaging visitor serving commercial or limited industrial alternative also would provide the applicant with an economically viable use. In addition to the other performance standards of Section 216.18 applicable to projects in the CC District, such a visitor serving commercial or limited industrial use shall be subject to the following development standards:
1. 
The area in which visitor serving commercial or limited industrial uses shall be permitted shall be the minimum amount necessary to provide the applicant with an economically viable use of his or her property.
2. 
The portion of the project involving visitor serving commercial or limited industrial uses shall also be subject to the standards of the CV District or the IL District.
3. 
Access through wetlands or environmentally sensitive habitat areas to an area proposed for visitor serving commercial or limited industrial uses shall only be allowed if necessary to provide an economically viable use of the overall development plan area.
(3326-5/96)

§ 216.12 Prohibited Principal Uses and Structures.

Any principal use or structure not expressly permitted is prohibited herein.
(3326-5/96)

§ 216.14 Required Permits/Agreements.

Before the application can be considered complete, the project shall receive the following state and federal regulatory permits/agreements or a statement from the regulatory body that said permit/agreement is inapplicable. The required regulatory permits/agreements shall be forwarded to the Director prior to the submittal of said project to a decision-making body.
A. 
United States Army Corps of Engineers Section 404 and Section 10 permits;
B. 
California Department of Fish and Game 1601—1603 agreements;
C. 
State Water Resource Control Board (permit depends on the operation);
D. 
Regional Water Quality Control Board (permit depends on the operation);
E. 
A permit from the California State Lands Commission may also be required.
(3326-5/96)

§ 216.16 Required Consideration of Alternatives.

Before any application is accepted for processing, the applicant shall provide topographic, vegetative, hydrologic and soil information prepared by a qualified professional which identifies the extent of the wetlands on the property. This submittal shall also include an analysis of alternatives to the proposed project and an assessment of how the proposed project is the least environmentally damaging alternative. The analysis of alternatives shall include an assessment of how the proposed project will impact all adjacent wetlands and environmentally sensitive habitat areas, including those within the overall development plan area.
(3326-5/96)

§ 216.18 Performance Standards.

Before the Coastal Development Permit can be issued, the project shall comply with the following standards to the satisfaction of the Director:
A. 
Wetlands and environmentally sensitive habitat areas that are designated for preservation after a permit hearing granting project approval on the property shall be preserved through a conservation easement, deed restriction or other similar mechanism consistent with Public Resources Code Section 30010. Such easements or restrictions need not authorize any public right of access or use. Exclusive use and possession of the area may remain with the applicant.
1. 
All feasible mitigation measures shall be incorporated into projects to minimize adverse environmental effects.
a. 
If the project involves dredging, mitigation measures must include the following:
i. 
Dredging and spoils disposal must be planned and carried out to avoid significant disruption to wetland habitats and to water circulation;
ii. 
Limitations may be imposed on the timing of the operation, the type of operation, the quantity of dredged material removed, and the location of the spoil site;
iii. 
Dredge spoils suitable for beach replenishment shall, where feasible, be transported to appropriate beaches or into suitable longshore current systems;
iv. 
Other mitigation measures may include opening up areas to tidal action, removing dikes, improving tidal flushing, or other restoration measures.
b. 
If the project involves diking or filling of a wetland, the following minimum mitigation measures shall apply. These mitigation measures shall not be required for temporary or short-term fill or diking if a bond or other evidence of financial responsibility is provided to ensure that restoration will be accomplished in the shortest feasible time.
i. 
If an appropriate restoration site is available, the applicant shall submit a detailed restoration plan to the Director which includes provisions for purchase and restoration of an equivalent area of equal or greater biological productivity and dedication of the land to a public agency or otherwise permanently restricting its use for open space purposes. The site shall be purchased before the dike or fill development may proceed.
ii. 
The applicant may, in some cases, be permitted to open equivalent areas to tidal action or provide other sources of surface water. This method of mitigation is appropriate if the applicant already owns filled, diked areas which themselves are not environmentally sensitive habitat areas but may become so, if such areas were opened to tidal action or provided with other sources of surface water.
iii. 
If no appropriate restoration sites under subparagraphs (A)(1)(b)(i) and (ii) are available, the applicant shall pay an in-lieu fee, determined by the City Council, which shall be of sufficient value to an appropriate public agency for the purchase and restoration of an area of equivalent productive value, or equivalent surface area.
c. 
The third option (subparagraph (A)(1)(b)(iii)) shall be allowed only if the applicant is unable to find a willing seller of a potential restoration site. Since the public agency may also face difficulties in acquiring appropriate sites, the in-lieu fee shall reflect the additional costs of acquisition, including litigation and attorney's fees, as well as the cost of restoration, relocation and other costs. If the public agency's restoration project is not already approved by the Coastal Commission, the public agency may need to be a co-applicant for a Coastal Development Permit to provide adequate assurance that conditions can be imposed to ensure that the purchase of the mitigation site shall occur prior to the issuance of the permit. In addition, such restoration shall occur in the same general region (e.g., within the same stream, lake, or estuary where the fill occurred).
2. 
Any areas where vegetation is temporarily removed shall be replanted with a native or non-invasive species in a quantity and quality equal to the vegetation removed.
3. 
Pedestrian trails, observation platforms and other incidental structures shall be designed to reduce disturbance of wildlife and vegetation; examples of improvements so designed would be elevated walkways and viewing platforms, and vegetative and structural barriers to decrease disturbances from permitted uses and inhibit internal access.
4. 
Passive nature study uses shall include a program to control litter; examples include litter containers and "no littering" signs posted in the project area.
5. 
Environmentally sensitive habitat areas shall be restored and enhanced to lessen the risk of flood damage to adjacent properties.
6. 
Any construction, alteration or other improvement shall generally be carried out between September 15th and April 15th to avoid disturbing rare, threatened, or endangered species which utilize the area for nesting. This requirement shall not apply if it can be demonstrated to the satisfaction of the Director that no such disturbance would occur, in which case construction shall be timed to cause the least disturbance to wetland dependent species; e.g., migratory waterfowl and shorebirds.
7. 
Construction/maintenance activities shall be carried out in areas of minimal size. Preconstruction topography shall be restored subsequent to the conclusion of the project unless such topography is to be altered to conform with an approved restoration project.
8. 
Habitat Management Plan.
a. 
A habitat management plan shall be prepared and carried out for all ESHA, wetland and buffer areas and provide for restoration, enhancement, and perpetual conservation and management. Issues to be addressed include, but are not limited to, methods to ensure continuance of a water source to feed all wetland areas, enhancement of habitats and required buffer areas, restoration and enhancement of wetlands and environmentally sensitive habitats and required buffer areas, and fuel modification requirements to address fire hazard and avoid disruption of habitat values in buffers.
b. 
The habitat management plan shall identify goals, objectives and performance standards; procedures and technical specifications for wetland and upland planting; methodology and specifications for removal of exotic species; soil engineering and soil amendment criteria; identification of plant species and density; maintenance measures and schedules; temporary irrigation measures; protective fencing both during construction and post-construction; restoration success criteria; measures to be implemented if success criteria are not met; and long-term adaptive management of the restored areas for a period of not less than 10 years.
9. 
Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas; however, access to designated passive public recreational use areas shall be protected and visual impact of any barriers from open space areas shall be minimized.
10. 
Conservation easements (or other instruments) that serve to permanently protect the restored areas shall be recorded.
B. 
The applicant shall demonstrate that the functional capacity is maintained or augmented through the criteria set out below unless relieved of any one or more of these requirements by the California Department of Fish and Game, and that the project does not significantly:
1. 
Alter existing plant and animal populations in a manner that would impair the long-term stability of the ecosystem; i.e., natural species diversity, abundance and composition are essentially unchanged as a result of the project;
2. 
Harm or destroy a species or habitat that is rare or endangered;
3. 
Harm a species or habitat that is essential to the natural biological function of a wetland or estuary;
4. 
Reduce consumptive (e.g., fishing, aquaculture and hunting) or nonconsumptive (e.g., water quality and research opportunity) values of a wetland or estuarian ecosystem.
C. 
If the proposed project involves restoration of a degraded wetland, the applicant shall comply with California Public Resources Code Sections 30411 and 30233 to the satisfaction of the Director.
D. 
Any areas that constituted wetlands or ESHA that are removed, altered, filled or degraded as the result of activities carried out without compliance with Coastal Act requirements shall be protected as required by the City's Coastal Element Land Use Plan.
(3326-5/96, 3833-7/09, 3903-12/10)

§ 216.20 Required Findings.

It is the intent of this section to ensure an environment which is suitable for the self-perpetuation of environmentally sensitive habitat areas.
A. 
Prior to energy production facilities being approved, the approving authority shall make the following finding with statement of facts: provision has been made for enhancement of a significant portion of the project area, to ensure preservation of plant and wildlife species.
B. 
Prior to coastal dependent industrial facilities being approved, the approving authority shall make the following findings with statement of facts:
1. 
Alternative locations are infeasible or more environmentally damaging.
2. 
To locate the construction or expansion elsewhere would adversely affect the public welfare.
3. 
Adverse environmental effects are mitigated to the maximum extent feasible consistent with Section 216.18.
4. 
Siting is consistent with the study titled Designation of Coastal Zone Areas Where Construction of an Electric Power Plant Would Prevent Achievement of the Objectives of the California Coastal Act of 1976 (readopted by the California Coastal Commission December 1985).
5. 
For expansion of the Southern California Edison Plant within the area designated industrial energy production/conservation only:
a. 
Not less than two and one-half acres of wetlands southeasterly of Magnolia Street are permanently protected by conservation easements, dedications or other similar mechanisms for each acre of wetlands filled, and a program acceptable to the Department of Fish and Game is implemented to ensure long-term habitat enhancement or restoration of these protected wetlands. Vehicular access shall be prohibited in the wetland mitigation area protected by conservation easement or similar mechanism; and
b. 
The infeasibility of expanding inland to the area known as the Rotary Mud Dump site (also known as the Ascon Landfill/NESI site), or other inland location, unless the Energy Commission has determined such expansion infeasible during or before the Notice of Intention proceedings.
C. 
For any other project the applicant shall establish and the approving authority shall find that the functional capacity of the environmentally sensitive habitat area is being maintained.
(3326-5/96)

§ 218.02 Mixed Use-Transit Center District Established.

The purpose of the Mixed Use-Transit Center District is to implement the General Plan Land Use Plan mixed-use land use designation. This district provides areas for high density residential and commercial uses within one-quarter mile of established transit centers as determined by the Community Development Director. Transit centers, serving buses or other modes of transportation, are facilities where passengers transfer from one route to another. This district provides for pedestrian-friendly, transit oriented development in areas adjacent to existing transit infrastructure.
(3819-12/08, 4094-10/16)

§ 218.04 MU-TC District-Land Use Controls.

In the following schedules, letter designations are used as follows:
"P" designates use classifications permitted in MU-TC district.
"PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission.
"ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator.
"Neighborhood Notification" designates use classification that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading.
MU-TC District: Land Use Controls
P = Permitted
PC = Conditional use permit approved by Planning Commission
ZA = Conditional use permit approved by Zoning Administrator
Land Use Controls
Additional Provisions
Residential Uses
(A)(I)
Multifamily Residential
PC
Public and Semipublic Uses
(A)
Clubs and Lodges
ZA
Day Care, General
ZA
Day Care, Large Family
P
(C)
Government Offices
P
Public Safety Facilities
P
Religious Assembly
ZA
Schools, Public or Private
PC
Commercial Uses
(A)(H)(I)
Artists' Studios
P
Banks and Savings & Loans
P
Catering Services
P
Drug Stores/Pharmacy
P
Eating and Drinking Establishments
P
w/Alcohol
ZA
(B)(C)
w/Live Entertainment
ZA
w/Dancing
PC
(D)
w/Outdoor Dining
ZA
(C)(E)
Food and Beverage Sales
P
w/Alcohol Beverage Sales
ZA
(B)
Office, Business and Professional
P
Park and Recreational Facilities
P
Parking
PC
(F)
Personal Enrichment Services
P
(C)
Personal Services
P
Retail Sales
P
(G)
Visitor Accommodations
PC
(4311-5/21/2024)

§ 218.05 MU-TC District: Additional Provisions.

A. 
All projects in this district shall have both residential and nonresidential components. At least 50% of the building fronting public streets at the ground level shall be nonresidential uses. At least 50% of the project shall be residential uses.
B. 
The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: (1) Retail markets with no more than 10% of the floor area devoted to sales, display and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel; (2) Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement.
C. 
Neighborhood notification requirements pursuant to Chapter 241.
D. 
See also Chapter 5.28, Dance Halls, and Chapter 5.44, Entertainment Premises.
E. 
Outdoor dining with alcohol sales shall be permitted with a conditional use permit to the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted with an administrative permit. If over 400 square feet with no alcohol sales, neighborhood notification shall be required pursuant to Chapter 241.
F. 
Stand-alone or other permanent parking structures not ancillary to the permitted uses listed above. Must demonstrate necessity of use and comply with the requirements in Section 231.18(G) (Parking Structures).
G. 
See Section 230.94, Carts and Kiosks.
H. 
Development of vacant land or additions of 10,000 square feet or more in building floor area; or additions equal to or greater than 50% of the existing building's floor area requires approval of a conditional use permit from the Zoning Administrator. The Community Development Director may refer any proposed project to the Zoning Administrator if the proposed project has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic).
I. 
Projects within 500 feet of a PS District; see Chapter 244.
(3819-12/08, 4094-10/16, 4311-5/21/2024)

§ 218.06 MU-TC District-Property Development Standards.

A. 
The following schedule prescribes development standards for MU-TC zoning district designated on the zoning map. The first column establishes the basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Requirements" column refer to additional development standards following the schedule.
B. 
The floor area ratio is calculated on the basis of net site area. All required setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions.
Property Development Standards for MU-TC District
MU-TCD
Additional Requirements
Minimum Lot Area (sq. ft.)
43,560
Minimum Lot Width (ft.)
100
Minimum Setbacks
Front (ft)
5
(A)(B)
Side (ft.)
10
(B)
Rear (ft.)
10
(B)
Maximum Height of Structures (ft.)
75
(C)
Maximum Wall Dimensions
(D)
Maximum Floor Area Ratio (FAR)
2.35
Minimum Site Landscaping (%)
8
(E)(F)
Minimum Lot Area per Dwelling Unit (sq. ft.)
-
Minimum Residential Floor Area
(I)
Maximum Lot Coverage (%)
75
Minimum Open Space
(J)
Accessibility within Dwellings
(K)
Lighting
(L)
Fences and Walls
(G)
Off-Street Parking and Loading
See Ch. 231
(H)
Outdoor Facilities
See Section 230.74
Screening of Mechanical Equipment
See Section 230.76
Antenna
See Section 230.80
(M)
Accessory Structures
See Ch. 230.08
Refuse Storage Areas
See Section 230.78
Underground Utilities
See Ch. 17.64
Performance Standards
See Section 230.82
Nonconforming Structures
See Ch. 236
Signs
See Ch. 233
(N)
Building Separations
(O)
Building Design Standards
(P)
Private Storage Space
(Q)
Reciprocal Access
(R)

§ 218.07 MU-TC District: Additional Development Standards.

(A) 
Multiple street frontage lots shall provide front yards on each frontage.
(B) 
Projections Into Setbacks.
(1) 
See Section 230.68, Building Projections into Yards.
(2) 
Balconies and bay windows may project into required setbacks and usable open space areas subject to Section 230.68, provided that balconies have open railings, glass, or architectural details with openings to reduce visible bulk. Balconies composed solely of solid enclosures are not allowed to project into required setbacks.
(3) 
Awnings, canopies, covered walkways, covered patios, and uncovered arcades with no programmed indoor space may project into required setbacks and usable open space areas provided that a minimum five-foot setback is maintained to the property line.
(C) 
Height Requirements. See Section 230.70, Measurement of Height, and Section 230.72, Exceptions to Height Limits. A minimum of two stories and a maximum of six stories shall be allowed.
(D) 
Maximum Wall Dimensions. All building wall surfaces shall be no longer than 250 feet without either:
(1) 
A break, a recess or offset measuring at least 10 feet that vary the depth of the building wall by a minimum of four feet, or
(2) 
A series of offsets, projections or recesses, including balconies, at intervals of not more than 40 feet that vary the depth of the building wall by a minimum of four feet.
The Director may grant exceptions or allow these standards to be modified for exceptional or unique structures subject to Design Review, Chapter 244.
(E) 
Planting Areas. With the exception of sidewalks, driveways, pathways and paved outdoor seating areas, required front and street side yards shall be planting areas.
(F) 
Landscape Improvements.
(1) 
All landscape improvements shall comply with Chapter 232 unless otherwise provided herein.
(2) 
General Tree Requirements. One 36-inch box tree shall be provided for every 45 lineal feet of street frontage planted within the setback areas adjacent to a street. In addition, there shall be one 36-inch box tree planted within the common open space areas for each ground or first level unit. Specimen palms may be substituted at a ratio of one-half foot brown trunk height for one inch of box tree inch required.
(G) 
See Section 230.88, Fencing and Yards.
(H) 
Off-Street Parking and Loading Provisions.
(1) 
All off-street parking and loading provisions shall comply with Chapter 231 unless otherwise provided herein. Off-street parking spaces shall be provided in accordance with the following Schedule A:
Off-Street Parking Spaces Required in MU-TCD Zone—Schedule A
Use Classification
Spaces
Residential
Studio
1 space per unit
One bedroom
1 space per unit
Two bedrooms
2 spaces per unit
Three or more bedrooms
2.5 spaces per unit
Guests
1 space per 5 units
Commercial
Per Chapter 231
Public and Semipublic
Per Chapter 231
(2) 
Compact parking spaces may be allowed but not to satisfy the minimum parking requirements.
(3) 
Up to 20% of required parking may be provided by tandem spaces subject to conditional use permit approval. Each tandem space shall be counted as one-half space for purposes of determining the number of parking spaces that are provided.
(I) 
Minimum Floor Area. Each dwelling unit in a mixed-use building shall have the minimum floor area of 500 square feet.
(J) 
Open Space Requirements.
(1) 
The minimum open space area (private and common) for mixed-use projects in the MU-TC District shall be 150 square feet per residential unit. For purposes of this subsection, open space shall mean an area which is designed and intended to be used for active or passive recreation. Open space may consist of private and/or common areas. Parking areas, access aisles, and driveways shall not qualify as usable open space.
(2) 
Private Open Space.
(a) 
Private open space shall be provided in courts or balconies within which a horizontal rectangle has no dimension less than six feet.
(b) 
Minimum of 75% of the dwelling units shall be provided a minimum of 60 square feet of private open space.
(c) 
Private open space shall be contiguous to the unit and for the exclusive use of the occupants. Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge at least 42 inches in height.
(3) 
Common Open Space.
(a) 
Common open space, provided by interior side yards, patios, courts, and terraces, shall be designed so that no dimension is less than 10 feet, shall be open to the sky, and shall not include driveways or parking areas.
(b) 
Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool, tennis court, volleyball court, outdoor cooking facility, or other recreation facility. Such common amenity spaces shall count toward the common open space requirement.
(K) 
All habitable rooms in a dwelling unit shall be accessible from within the dwelling.
(L) 
Lighting. Lighting shall be provided in all projects along all vehicular accessways and major walkways. Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. A lighting plan shall be submitted for approval by the Director.
(M) 
See Section 230.80, Antennas.
(N) 
See Chapter 233, Signs—Commercial Districts, for applicable provisions related to signs in the commercial component of the MU-TC District.
(O) 
Building Separations. Building separations shall be provided in all mixed-use projects in the MU-TC District subject to the following requirements:
(1) 
The minimum building separation shall be not less than 20 feet opposite a window in a living room and 14 feet opposite a window for any other habitable room.
(2) 
The building separation shall be open to the sky. Eaves may project a maximum two feet into this area on each side.
(P) 
Building Design Standards. Buildings in the MU-TC District shall be built in accordance with the following requirements:
(1) 
The maximum building length shall be 300 feet except as provided below. Building length is defined as the total length of a primary building mass lining a street.
A 20-foot inset of the building plane with pedestrian access may count as a break in the building length. If the inset varies by floor, then the average inset shall exceed 20 feet.
(2) 
The maximum block size shall be 2,400 feet. Block size is a measure of the total length of the street-fronting property lines along all block faces enclosed within the nearest surrounding publicly accessible streets.
(Q) 
Private Storage Space. An average of 50 cubic feet of private storage space shall be provided for each residential dwelling unit outside such unit. Such private storage space shall be fully enclosed and lockable.
(R) 
Reciprocal Access. Reciprocal ingress/egress access with adjacent properties shall be provided for all projects.
(3819-12/08)

§ 218.08 Modifications for Affordable Housing.

The Planning Commission may approve a conditional use permit modifying the minimum property development standards in this chapter for affordable housing, as provided in Section 230.14. The proposed modifications shall be requested in writing by the applicant, accompanied by a detailed pro-forma, rental guidelines, deed restrictions, financial subsidies, and other types of documentation which will serve to demonstrate the need for a reduction of development standards. Modifications to the standards may include, but are not limited to, the parking requirements and open space. The specific standard(s) from which the applicant is requesting relief shall be identified and alternative development standard(s) proposed.
(3819-12/08)

§ 218.10 Sustainable Development.

Sustainable or "green" building practices shall be incorporated into the design of the proposed structures and associated site improvements. Sustainable building practices shall include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification or Build It Green's Green Building Guidelines and Rating Systems.
(3819-12/08)

§ 218.12 Review of Plans.

All applications for new construction, initial establishment of use, exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows:
A. 
Zoning Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects on substandard lots; see Chapter 241.
B. 
Design Review Board. See Chapter 244.
C. 
Planning Commission. Projects requiring a conditional use permit from the Planning Commission; see Chapter 241.
D. 
Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245.
(3819-12/08, 4094-10/16)