Huntington Beach City Zoning Code

Title 23

Zoning Code-Provisions Applying in All or Several Districts

§ 231.02 Basic Requirements for Off-Street Parking and Loading.

When Required. At the time of initial occupancy of a site, construction of a structure, or major alteration or enlargement of a site or structure, off-street parking facilities and off-street loading facilities shall be provided in accord with this chapter and parking area landscaping shall be provided in accord with Chapter 232. For the purposes of these requirements, "major alteration or enlargement" shall mean a change of use, an expansion of greater than 50% of the existing space in a nonresidential building or an addition of bedrooms or units in a residential building. A change in occupancy that does not involve a change in the use classification is not considered a change in use for purposes of this requirement unless the change in occupancy involves an intensification of use or an increase in parking demand.

Nonconforming Parking or Loading. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this chapter, provided that facilities being used for off-street parking and loading as of the date of adoption of this chapter shall not be reduced in number to less than that required by this chapter. Expansion of a use with nonconforming parking shall be subject to the following requirements:

A multifamily residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion complies with current standards contained in this chapter;

A single-family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in this chapter; and

A nonresidential use with nonconforming parking may be expanded less than 50% of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions of 50% or more of the existing square footage require the site to be in total compliance with the current parking standards contained in this chapter.

Spaces Required for Alteration or Enlargement. The number of parking spaces or loading spaces required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces existing prior to the alteration, enlargement, or change of occupancy unless the preexisting number is greater than the number prescribed in this chapter. In this case, the number of spaces in excess of the prescribed minimum shall be counted in determining the required number of parking or loading spaces.

Spaces Required for Multiple Uses. If more than one use is located on a site, the number of off-street parking spaces and loading spaces to be provided shall be equal to the sum of the requirements prescribed for each use. This requirement applies not only to multiple uses under separate ownership but also to multiple uses in the same ownership. If the gross floor area of individual uses on the same site is less than that for which a loading space would be required by Section 231.06(A), but the aggregate gross floor area of all uses is greater than the minimum for which loading spaces would be required, the aggregate gross floor area shall be used in determining the required number of loading spaces.

Location and Ownership. Parking facilities required by this chapter shall be on the same site as the use served, except that an adjacent lot may be used which is in the same person's possession as the structure or use. Such possession may be by deed or long-term lease, approved as to form by the City Attorney, and recorded in the Office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the City prior to issuance of a building permit and/or certificate of occupancy, whichever occurs first. No use shall be continued if the parking is removed from the adjacent lot unless substitute parking is provided. Parking facilities provided by a parking district or parking authority are not subject to these locational requirements.

Parking in Yards in R Districts. The parking of motor vehicles, trailers, campers and boats shall be prohibited on all landscaped areas within the front one-half of the lot except as provided below.

Oversized vehicles (see Chapter 203, Definitions), campers, trailers and boats on trailers may be parked on the paved driveway area or on a paved area between the driveway and the nearest side property line provided that they do not project over any property line and that the area is kept free of trash, debris and parts.

Commercial oversized vehicles (see Chapter 203, Definitions) or special purpose machines shall be prohibited in any yard area.

Parking in Yards in C or I Districts. Required yards may be used for required parking, subject to the landscaping standards of Chapter 232.

Access. When a lot abuts an arterial highway and a local street, access to on-site parking shall be from the local street. When a lot abuts an alley, then access to parking shall be provided from the alley unless the Planning Commission approves a different access. When a lot abuts two arterial highways or two local streets, access shall be subject to the approval of the Director of Public Works.

Nonresidential Parking in R Districts. Nonresidential parking serving adjacent commercial or industrial uses shall not be located in any R-zoned property.

Computation of Spaces Required. If, in the application of the requirements of this chapter, a fractional number is obtained, one additional parking space or loading space shall be required.

Space Efficient Parking. Space is parking in which vehicles are stored and accessed by mechanical stackers or lifts. Parking spaces may be space efficient as described below.

Applicability. Space efficient parking may be used in single family residential, commercial, and industrial developments subject to the requirements of this section. Except as otherwise specified in a specific plan, the following standards shall apply.

Mechanical Parking Systems.

Single Family Residential - Surplus parking may be stored and accessed by mechanical stackers/lifts. These projects are exempt from Conditional Use Permit and attendant requirements.

Commercial/Industrial - Up to 20% of the required on-site parking may be provided by mechanical stackers/lifts with an attendant upon approval of a Conditional Use Permit by the Zoning Administrator. 21%-40% of the required on-site parking may be provided by mechanical stackers/lifts with an attendant upon approval of a Conditional Use Permit by the Planning Commission. The request shall include information about the proposed parking operations and other information determined to be necessary.

Mechanical stacker/lift parking systems shall not result in queuing into any public right-of-way. The applicant shall prepare a technical study comparing expected traffic-intensity with parking system capacity to determine the amount of short-term parking needed, if any, to mitigate the potential impacts from users seeking short-term parking. At minimum, the study shall address peak parking demand, the number of vehicles entering and exiting the facility, the cycle time of the parking system, how the system is accessed, queuing space, the number of attendants available, and the amount of short-term parking spaces available.

Mechanical Parking Design. All mechanical parking shall be enclosed. In commercial and industrial developments, they shall be designed to be consistent with Section 231.18.G, Parking Structures and the following standards.

Screening. Except for required ingress and egress, mechanical parking systems shall be screened on all sides and shall be fully enclosed.

ii.

Height. No more than one vehicle may be stacked over another parked vehicle.

iii.

Design Review. Except for single family residential, mechanical parking systems, including enclosures, shall be subject to Design Review. The enclosure for any mechanical parking system shall be compatible in design with the principal building on the subject parcel.

iv.

Noise Attenuation. All equipment shall be sound attenuated to comply with the noise standards in Chapter 8.40 Noise Control of the Huntington Beach Municipal Code. If the power generating equipment cannot be isolated from the mechanical system, full enclosure of the mechanical parking systems and parked vehicles shall be required.

Signage. Parking spaces shall have signage clarifying operations of the spaces to users.

Operations.

Covenant for Operation. A "Covenant and Agreement Regarding Maintenance of Mechanical Parking System" shall be recorded with the Orange County Clerk Recorder's office to ensure the vehicle parking system is maintained in operable condition at all times. The covenant shall be recorded prior to final building inspection.

Generator. Mechanical stackers or lifts shall be equipped with an on-site generator with sufficient capacity to store and retrieve cars if or when the electrical power is down.

Manual Override. Mechanical stacker or lifts shall provide manual override capability to access or remove cars from the parking lift in the event of a power outage.

Covenant for Attendant. A "Covenant and Agreement to Provide Parking Attendant" shall be recorded with the Orange County Recorder's office when a parking attendant is required. The covenant shall be recorded prior to final building inspection.

Other Requirements.

Any off-street parking or loading facility which is permitted but not required shall comply with all provisions of this chapter governing location, design, improvement and operation.

Any motor vehicle incapable of movement by its own power and/or not licensed to operate on California streets shall be stored either in an enclosed building or entirely screened from view.

(3334-6/97, 4172-3/19, 4183-10/19, 4313-5/21/2024)

§ 231.04 Off-Street Parking and Loading Spaces Required.

Nonresidential uses shall provide one loading space (minimum 14 feet in width, 20 feet in length, and 14 feet in height) for each 20,000 square feet, or fraction thereof, of gross floor area; however, a maximum of three such spaces are required for buildings exceeding 60,000 square feet. No loading space is required for nonresidential uses with less than 20,000 square feet of gross floor area.

Off-street parking spaces shall be provided in accord with the following schedule. References to spaces per square foot are to be computed on the basis of gross floor area, unless otherwise specified.

Where the use is undetermined, the approving body shall determine the probable use and the number of parking and loading spaces required. In order to make this determination, the Director may require the submission of survey data prepared by a state-registered traffic engineer for the applicant or collected at the applicant's expense. Parking spaces over and above the minimum number specified in this section may be required by the body responsible for reviewing the use itself based on the intensity of the use.

The Director may allow a parking reduction for a change of use if the increase in the required parking is not more than five spaces. The change of use request must be on a site with two or more uses, have a minimum of 50 existing parking spaces and provide an upgrade of existing landscaping. This same reduction may be considered for uses complying with state handicap regulations as mandated by state law and applicable to parking requirements. This provision shall not apply to applications for development within the coastal zone that necessitate a Coastal Development Permit.

Off-Street Parking Spaces Required: Schedule A
Use Classification	Off-Street Parking Spaces
Residential
Single-family dwellings
New construction
0-4 bedrooms	2 enclosed and 2 open
5 or more bedrooms	3 enclosed per unit and 3 open per unit
Existing dwellings
0-4 bedrooms	2 enclosed and 2 open*
5 or more bedrooms	2 enclosed per unit and 3 open per unit*
In the RMH-A district	2 enclosed spaces per unit with up to 3 bedrooms, and 1 space for each additional bedroom; 1 additional space per dwelling where no on-street parking is allowed
Multifamily dwellings
Studio/1 bedroom	1 enclosed space per unit
2 bedrooms	2 spaces (1 enclosed) per unit
3 or more bedrooms	2.5 spaces (1 enclosed) per unit
Guests	0.5 space per unit
Senior
Studio/1 bedroom	1 covered space per unit
2 bedrooms	1.5 spaces per unit (1 covered)
Manufactured homes	2 spaces per unit; 1 covered, and 1 may be behind the first
Guest	1 per 3 manufactured homes
Rooming house	1 space per guest room; plus 1 space per owner/manager; plus 1 space per each 10 guest rooms
Residential care, limited	1 per 3 beds
Public and Semi-Public
Convalescent Facilities
Skilled nursing facilities	0.75 per each bed
Assisted living facilities	0.6 per each bed
Continuing care retirement communities	1.4 per each independent living unit, plus parking required for the assisted living and skilled nursing components of the community
Clubs and lodges	1 per 35 sq. ft. used for assembly purposes of 1 per 3 fixed seats (18 inches = 1 seat), whichever is greater
Cultural facilities	1 per 300 sq. ft. gross floor area
Day care, general	1 per staff member plus 1 per classroom
Government offices	1 per 250 sq. ft. gross floor area
Heliports	As specified by use permit
Hospitals	1 per 1.5 beds
Maintenance and service facilities	1 per 500 sq. ft.
Park and recreation facilities	As specified by conditional use permit for private facilities
Public safety facilities	As specified by the conditional use permit
Religious assembly	1 per 35 sq. ft. of public assembly area, or 1 per 3 fixed seats (18 inches = 1 seat), whichever is greater
Residential care, general	1 per 3 beds; plus additional spaces, as specified by conditional use permit
Schools, public or private
Preschools, nursery day care	1 per staff member, plus 1 per classroom
Elementary, junior high	1.5 per classroom
High school/college	7 per classroom
Trade schools, music conservatories	1 per 35 sq. ft. of instruction area
Utilities, major	As specified by conditional use permit
Commercial
Ambulance services	1 per 500 sq. ft.; plus 2 storage spaces
Animal sales and services
Animal boarding	1 per 200 sq. ft.
Animal grooming	1 per 200 sq. ft.
Animal hospitals	1 per 200 sq. ft.
Animal, retail sales	1 per 200 sq. ft.
Artists' studios	1 per 1,000 sq. ft.
Banks and savings & loans	1 per 200 sq. ft.
Drive-up service	Queue space for 5 cars per teller
Building materials and services	1 per 1,000 sq. ft. of lot area; minimum 10 plus 1/300 sq. ft. office area
Catering services	1 per 400 sq. ft.
Commercial recreation and entertainment
Bowling alleys	3 per lane, plus 1 per 250 sq. ft. of public assembly and retail areas
Electronic game centers	1 per 200 sq. ft.
Health clubs	1 per 200 sq. ft. except that area designated for group instruction shall be parked at a ratio of 1 per 100 sq. ft.
Stables	1 per 3 corrals plus 1 horse trailer space for each 10 corrals plus 2 for caretaker's unit
Tennis/racquetball	3 per court
Theaters	1 per 3 fixed seats, or 1 per 35 sq. ft. seating area if there are no fixed seats
Other commercial recreation and entertainment	As specified by the Zoning Administrator or Planning Commission
Communications facilities	1 per 500 sq. ft.
Eating and drinking establishments
With 12 seats or less	1 per 200 sq. ft.
With more than 12 seats	1 per 60 sq. ft. or 1 per 100 sq. ft. when on a site with 3 or more uses
With dancing	Plus 1 per 50 sq. ft. of dancing area
With drive through service	Plus queue space for 5 cars per service window
Food and beverage sales	1 per 200 sq. ft.
Furniture and appliance stores	1 per 500 sq. ft. excluding areas used for storage or loading, but not less than 5
Funeral and interment services	1 per 35 sq. ft. of seating space
Hardware stores	1 per 200 sq. ft. excluding areas used for storage or loading, but not less than 5
Horticulture, limited	1 per 2 acres
Laboratories	1 per 500 sq. ft.
Maintenance and repair services	1 per 500 sq. ft.
Marine sales and services	1 per 500 sq. ft.
Nurseries	1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing, but no less than 10; plus 1 per 300 sq. ft. office area
Offices, business and professional	1 per 250 sq. ft. for less than 250,000 sq. ft.; 1 per 300 sq. ft. for 250,000 sq. ft. or more
Offices, medical and dental	1 per 175 sq. ft. (includes out-patient medical/surgery centers)
Pawn shops	1 per 200 sq. ft.
Personal enrichment services	1 per 35 sq. ft. of instruction area; or maximum 1 per 200 sq. ft. provided the number of students per classroom does not exceed required number of parking spaces, plus instruction area does not exceed 75% of floor area
Personal services	1 per 200 sq. ft.
Research and development services	1 per 500 sq. ft.
Retail sales not listed under another use classification	1 per 200 sq. ft.
Sex-oriented business
Cabaret
With less than 12 seats	1 per 200 sq. ft.
With 12 seats or more	1 per 60 sq. ft. or 1 per 100 sq. ft. if on a site with 3 or more uses
Encounter center	1 per 35 sq. ft. of instruction area
Escort bureau	1 per 250 sq. ft.
Hotel/motel	1.1 per guest room; plus 1 per passenger transport vehicle (minimum of 2 stalls) and 2 spaces for any manager's unit and parking for other uses as required by this schedule
Mini-motion picture theater, motion picture theater or motion picture arcade	1 per 3 fixed seats, or 1 per 35 sq. ft. seating area if there are no fixed seats
Retail sales	1 per 200 sq. ft.
Swap meets, indoor/flea markets	1 per 100 sq. ft. except as may be modified by the Planning Commission through the conditional use permit process, after submittal, review and approval of a traffic engineering study
Vehicle/equipment sales and services
Automobile rentals	1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing, but no less than 10; plus 1 per 300 sq. ft. office area; 1/200 sq. ft. auto service area
Automobile washing (car wash)
Full-service (attended)	10
With fuel sales	12
Self-service (unattended)	1.5 per wash stall
Service stations
Full-serve/repair garage	1 per 500 sq. ft. but no less than 5
Self-serve	2
With convenience markets	1 per 200 sq. ft. of retail space but no less than 8
With self-serve car wash	4
With self-serve car wash and convenience market	10
Vehicle/equipment repair	1 per 200 sq. ft. but no less than 5
Vehicle/equipment sales and rentals	1 per 1,000 sq. ft. of indoor/outdoor sales and/or display lot area accessible for public viewing, but no less than 10; plus 1 per 300 sq. ft. office area; 1 per 200 sq. ft. auto service area
Vehicle storage	1 per 5,000 sq. ft. lot area; no less than 5
Visitor accommodations
Bed and breakfast	1 per guest room plus 1 guest and 1 manager/owner space
Hotels, motels	1.1 per guest room; plus 1 per passenger transport vehicle (minimum of 2 stalls) and 2 spaces for any manager's unit and parking for other uses as required by this schedule
Single room occupancy residential hotels	1 per unit, 10% shall be designated as visitor parking; 1 per passenger transport vehicle (minimum of 1 stall), 1 loading space, and 2 spaces for any manager's unit, plus 0.5 per all remaining personnel
Warehouse and sales outlets	1 per 200 sq. ft.
Industrial
Speculative buildings	1 per 500 sq. ft. (Maximum 10% office area in IG or IL District) (Maximum 30% office area in RT District)
Manufacturing, research assembly, packaging	1 per 500 sq. ft.
Wholesaling, warehousing and distributing space	1 per 1,000 sq. ft.
Offices	1 per 250 sq. ft. if office area exceeds 10% of gross floor area in IG or IL District; 30% in RT District
Outside uses: storage and lumber yards	1 per 5,000 square feet of lot area, but no less than 5
Mini-storage facilities
Single-story	1 per 5,000 square feet
Each additional story	1 per 2,000 square feet plus 2 spaces for caretaker's unit

Notes:
*	Open spaces may be behind any required spaces and/or on a street adjacent to the property. On-street parking may not be reserved for residents and/or guests but must be available to the general public on a first-come, first-serve basis.

(3334-6/97, 3378-2/98, 3494-5/01, 3526-2/02, Res. 2004-80-9/04, 3677-12/04, 4172-3/19, 4183-10/19)

§ 231.06 Joint Use Parking.

In the event that two or more uses occupy the same building, lot or parcel of land, the total requirement for off-street parking shall be the sum of each individual use computed separately except as provided in this section.

The Planning Commission or Zoning Administrator may grant a reduction in the total number of required spaces as part of the entitlement for the use or uses, or by conditional use permit when no other entitlement is required, when the applicant can demonstrate that the various uses have divergent needs in terms of daytime versus nighttime hours or weekday versus weekend hours. Such joint use approvals shall be subject to the following:

The maximum distance between the building or use and the nearest point of the parking spaces or parking facility shall be 250 feet; and

There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel; and

Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first.

(3334-6/97, 4172-3/19, 4183-10/19)

§ 231.08 Reduced Parking for Certain Uses.

The Zoning Administrator may approve a conditional use permit to reduce the number of parking spaces to less than the number required per Schedule A in Section 231.04, provided that the following findings are made:

The parking demand will be less than the requirement in Schedule A; and

The proposed use of the building or structure, will not generate additional parking demand; and

A transportation demand management plan which exceeds the minimum required by Section 230.36 has been approved by the Director.

The Zoning Administrator may consider survey data prepared by a state-registered traffic engineer and submitted by an applicant or collected at the applicant's request and expense as a basis for approval of a reduction in required parking.

(3334-6/97, 3526-2/02, 3677-12/04, 4172-3/19, 4183-10/19)

§ 231.10 Parking In-Lieu Payments Within Downtown Specific Plan Area.

Parking requirements for private property uses within the Downtown Specific Plan Area may be met by payment of an "in-lieu" fee for providing parking in a parking facility subject to conditional use permit approval by the Planning Commission. Said fee may be paid in multiple installments. The first installment in an amount established by City Council resolution for each parking space shall be paid prior to the issuance of building permits or of a certificate of occupancy, whichever comes first. Any successive installments shall be paid and secured by a mechanism established in the conditions of approval.

(3334-6/97, 4172-3/19, 4183-10/19)

§ 231.12 Parking Spaces for the Handicapped.

New and existing parking facilities shall comply with the State Handicapped Regulations as mandated in state law.

(3334-6/97, 4172-3/19, 4183-10/19)

§ 231.14 Parking Space Dimensions.

Required parking spaces shall have the following minimum dimensions in feet. Striping requirements are depicted in Diagram A. Directional signs and/or pavement markings shall be provided in any facility in which one-way traffic is established.

Angle of Parking	Stall Width	Stall Depth	Aisle Width¹
Angle of Parking	Stall Width	Stall Depth	1-way	2-way
0° (Parallel)	9	192	12	20
30°	9	19	14	20
45°	9	19	15	20
60°	9	19	20	20
90°	9	19	26	26
Residential	9	19	25	25
Bicycle	8	17	subject to § 231.20

Notes:
1	Minimum 24 feet when determined by Fire Department to be a fire lane.
2	With 8 ft. striped maneuvering area between every 2 spaces.

Striping Requirements—Diagram A

(3334-6/97, 4172-3/19, 4183-10/19)

§ 231.16 Application of Dimensional Requirements.

Relation to Walls and Posts/Columns. A parking space on a site with more than five parking spaces and which is adjacent to a wall over 12 inches in height shall be increased in width by three feet. Post/columns may be permitted along the side of each space only within three feet of the head and foot of each stall.

Vertical Clearance.

Vertical clearance for parking spaces shall be seven feet, except that an entrance may be 6.67 feet. When handicapped parking is provided, vertical clearance shall comply with California Code of Regulations (Title 24, Part 2, Chapter 2-71).

For residential uses, non-structural improvements including wall-mounted shelves, storage surface racks, or cabinets may encroach into the vertical clearance, provided a minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage within the front five feet of a parking space.

Wheel Stops. All spaces shall have wheel stops 2.5 feet from a fence, wall, building or walkway.

Parking Space Dimension Reduction. When a parking space abuts a landscape planter, the front two feet of the required 19-foot length for a parking space may overhang the planter as provided in Chapter 232.

(3334-6/97, 4172-3/19, 4183-10/19)

§ 231.18 Design Standards.

Public Works Requirements. Drive entrances on arterial highways shall be located in a manner to coordinate with future median openings and in accord with Department of Public Works standards. The paved surface of driveways and drive entrances shall comply with Department of Public Works specifications. Parking facilities shall be prepared, graded, and paved to ensure that all surface waters will drain into a public street, alley, storm drain, or other drainage system approved by the Department of Public Works. Aisle ways without adjacent parking shall be a minimum 24 feet in width.

Circulation Design. All off-street parking spaces shall have access to a public street or alley, and shall have internal circulation, safe entrances and exits, drives, and aisles in conformance with City standards. Every required parking space shall have unobstructed access from an aisle without moving another vehicle. All parking spaces, except residential garages and carports for single-family dwellings and duplexes, shall have forward travel to and from parking facilities when access is to a dedicated street. Traffic circulation shall be designed so that no vehicle need enter a public street in order to progress from one aisle to any other aisle within the same development.

Commercial centers which have 200 parking spaces or more shall have at least one main entrance designed as depicted in Diagram B.

Commercial Center Main Entrance for Parking Lots With Over 200 Spaces

Diagram B

A minimum three-foot-by-three-foot-wide maneuvering area shall be provided at the end of dead-end parking aisles less than 150 feet in length. A vehicle turnaround space shall be provided at the end of all dead-end parking aisles which exceed 150 feet in length (measured from the closest intersecting aisle with complete circulation). The maneuvering area and turnaround space shall be designed as depicted in Diagram C. Other turnaround arrangements providing the same maneuverability are subject to approval by the Director.

Turnaround Space and Maneuvering Area

Diagram C

Illumination. All parking area lighting shall be energy-efficient and designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time-clock or photo-sensor system.

Residential Parking.

Garages and Carports. All required garages and carports, permitted as accessory structures, shall be constructed at the same time as the main building and shall be used only by persons residing on the premises for storage of personal vehicles and other personal property.

Assignment of Spaces. Each studio and one bedroom dwelling unit shall have a minimum of one assigned parking space and each two or more bedroom units shall have a minimum of two assigned parking spaces. Each dwelling unit shall have an enclosed, assigned space which shall be within 200 feet walking distance of that unit and designated as such. The assigned spaces shall be provided with the rental of a dwelling unit without any additional cost. All unassigned spaces provided on site shall be open and only used for the parking of vehicles by persons residing on the property or their guests.

Turning Radius. The minimum turning radius for any garage, carport or open parking space, entered directly from an alley or driveway, shall be 25 feet (see Diagram D).

Turning Radius

Diagram D

Driveway Width.

Length of Drive	Minimum Driveway Width
150 feet or less	10 ft. for single-family dwellings 20 ft. for multifamily dwellings
Greater than 150 feet	20 feet clear width Exception: when designated as fire lane, all Fire Department requirements shall apply.

Guest Parking. All guest parking shall be fully accessible.

Coastal Zone. The following requirements shall apply to residential development in the Coastal Zone.

Each dwelling unit located in the Coastal Zone shall have a minimum of two on-site parking spaces. If the total coastal parking requirements exceed the total minimum parking as required by this chapter, the additional required parking spaces may be in tandem with enclosed spaces, provided the tandem space is assigned to an enclosed space and complies with the required turning radius.

The streets of new residential subdivisions between the sea and the first public road shall be constructed and maintained as open to the public for vehicular, bicycle and pedestrian access. General public parking shall be provided on all streets throughout the entire subdivision. Private entrance gates and private streets shall be prohibited. All public entry controls (e.g., gates, gate/guard houses, guards, signage, etc.) and restriction on use by the general public (e.g., preferential parking districts, resident-only parking periods/permits, etc.) associated with any streets or parking areas shall be prohibited.

Planned Residential Developments. In a planned residential development where a garage is constructed a minimum of 20 feet from the curb, the driveway in front of the garage may be used to provide one of the required uncovered spaces.

Privacy Gates. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits:

Fire Department approval for location and emergency entry.

Public Works Department approval of stacking and location.

Postmaster approval of location for mail boxes or entry for postal carrier.

Shall provide a driveway with a minimum of 20 feet for vehicle stacking.

No adverse impacts to public coastal access, including changes in the intensity of use of water, or access thereto, shall result from installation of the privacy gates.

Driveway Air Space. The air space above all driveways which exceed 150 feet in length shall remain open to the sky, except that eaves or roof overhangs with a maximum four-foot projection may be permitted above a height of 14 feet.

10.

Storage Space. One hundred cubic feet of enclosed storage space for each unit shall be provided in a secured parking area where there is no private garage.

11.

Accessory Dwelling. One additional off-street parking space shall be required for an accessory dwelling, except that in the coastal zone there shall be a minimum of four parking spaces on-site.

Nonresidential Parking and Loading.

Designated Parking. Parking spaces within an integrated, nonresidential complex shall not be designated for exclusive use of any individual tenant except as authorized by a parking management plan approved by the Director.

Parking Controls. Parking controls, such as valet service, or booths, and/or collection of fees may be permitted when authorized by conditional use permit approval by the Zoning Administrator. Privacy gates may be installed without a conditional use permit provided there is compliance with the following criteria prior to the issuance of building permits.

Fire Department approval for location and emergency entry.

Public Works Department approval of stacking and location.

Postmaster approval of location for mail boxes or entry for postal carrier.

Shall provide a driveway with a minimum of 20 feet for vehicle stacking.

No adverse impacts to public coastal access, including changes in the intensity of use of water, or of access thereto, shall result from installation of the privacy gates.

Minimum Driveway Width. Twenty-five feet when providing access to the rear of a structure.

Reciprocal Access. Reciprocal ingress/egress access with adjacent properties shall be provided for all commercial properties.

Loading Location. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Director. An occupied loading space shall not prevent access to a required parking space. Truck or rail loading, dock facilities, and doors for such facilities shall not face or be located within 45 feet of property zoned for general planned residential.

Loading Design. Any loading facility shall be designed and located so that vehicles need not extend onto the public sidewalks, streets or alleys during loading activities.

Landscape Buffer. Where the side or rear yard of a parcel is used for loading activities and abuts an R District, a landscaped buffer along the property line shall be provided.

Parking Spaces. Parking spaces shall not be utilized or occupied by any other use or for any other purpose than as parking for the associated on-site uses as required by this chapter, unless in compliance with Section 231.06, Joint Use Parking.

Seasonal and Temporary Parking Lots. Seasonal and temporary parking lots may be allowed upon approval of a conditional use permit by the Zoning Administrator. Seasonal lots may operate only from Memorial Day through the third weekend in September and shall be located within 1,000 yards of the mean high tide line of the Pacific Ocean. Temporary and seasonal commercial parking lots may be permitted for a maximum of five years. The design and layout of seasonal and temporary parking lots shall comply with this chapter, Fire Department requirements, and the following standards:

Paving shall be two inches of asphalt over compacted native soil, or as approved by the department; except seasonal parking lots shall be surfaced to meet minimum specifications for support of vehicles and to provide dust control as required by the Zoning Administrator.

Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of three feet in height, solidly built. At a minimum, posts shall consist of four-inch by four-inch wood or equivalent metal posts a minimum of one and one-half inches in diameter securely set in the ground and placed eight feet on center. The posts shall be connected with at least one strand of half-inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. Seasonal lots shall be secured to prevent overnight parking between the closing hour on one business day and the opening hour the following business day.

Temporary parking lots shall have landscaped planters with an inside dimension of three feet along street-side property lines excluding driveways. Landscaping shall be protected from vehicle and pedestrian damage by wheel bumpers (asphalt, concrete, or wood), or asphalt or concrete curbs, or any other design that will provide adequate protection.

Seasonal parking lots are exempt from landscaping requirements of Chapter 232.

Directional and informational signs shall be displayed on-site to identify the entrance(s), fees, and hours of operation. Such signs shall be located at the entrance of the parking lot and shall not exceed 12 square feet and shall be six feet high. Signs for seasonal parking lots shall be removed from the site each season no later than the third weekend in September.

Automatic entry devices or fee collection points shall be set back a minimum of 20 feet from the public right-of-way, or at a distance recommended by the Department of Public Works and approved by the Director.

An attendant shall be on duty at all times during business hours of seasonal parking lots.

An approved fire extinguisher shall be provided on the premises during business hours.

The site shall be maintained in a clean condition, free from trash and debris. Trash containers shall be placed on the site to accommodate and store all trash that accumulates on the lot.

For seasonal parking lots, a certificate of insurance for combined single limit bodily injury and/or property damage including products liability in the amount of $1,000,000.00 per occurrence shall be filed with the Department of Administrative Services. A hold harmless agreement holding the City harmless shall also be filed with the Department of Administrative Services.

Subsequent to approval of an application for any seasonal or temporary parking lot, the applicant shall meet all standards and requirements and install all improvements. The parking lot shall then be inspected and approved by the Director prior to issuance of a certificate to operate.

Parking Structures. Above-grade parking structures where the finished elevations of the structure are facing a public right-of-way shall be subject to conditional use permit approval by the Planning Commission when no other entitlement is required. In addition, parking structures proposed within the coastal zone shall be subject to approval of a Coastal Development Permit in accordance with Chapter 245. All parking structures, subterranean parking, and semi-subterranean parking shall comply with the following requirements:

Transition ramps which are also used as back-up space for parking stalls shall have a maximum slope of five percent. The maximum slope for transition ramps with no adjacent parking spaces shall be 15% with minimum 12-foot long transitions at the top and bottom of the ramp. A ramp used for ingress and egress to a public street shall have a transition section at least 16 feet long and a maximum slope of five percent.

Parking structures with over 300 spaces shall provide secondary circulation ramps and additional ingress and egress if deemed necessary by a traffic study prepared by a state-registered traffic engineer.

Above-grade parking structures adjacent to any public right-of-way or any property zoned or used for residential purposes shall be provided with a minimum 10-foot-wide perimeter landscape planter at ground level.

All above-grade parking structures shall screen parked cars on each level through a combination of landscaping or trellises and/or decorative screening wall or railings.

All parking structure elevations shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval by the Design Review Board prior to hearing. The following design guidelines shall apply to parking structures:

The exterior elevations of a parking structure should be designed to minimize the use of blank façades. This can be accomplished through the use of textured concrete, planters or trellises, or other architectural treatments.

To soften the horizontal lines and greatly enhance the look of the structure, elevations should be articulated and elements added that give the structure proportions that reflect a regular building. To give the structure proportions reflective of a regular building, design openings to look more like window openings than long, horizontal parking garage openings.

Framing that mimics windows should be added to openings. The framing should have vertical members to de-emphasize the horizontal lines of the structure.

Substantial massing should occur at the corner of the structures to anchor the building and give the structure proportions more similar to a regular commercial building. These panels should incorporate relief to create shadow patterns and add visual interest.

Height should be added to the parapet at key areas on the building structure to accent entries and reduce the long, horizontal facade that is typical of parking structures.

Horizontal openings should be broken up with vertical columns to create a rhythm of openings, again reflecting proportions of a regular commercial building.

Awnings or trellis structures should be added at vehicular and pedestrian entrances to create more pedestrian scale.

Where appropriate and feasible, retail spaces should provide articulation at the ground floor.

All parking structures proposed for conversion to a fee parking arrangement shall be subject to conditional use permit approval by the Planning Commission. Public parking structures within the coastal zone proposed for conversion to a fee parking arrangement shall be subject to approval of a Coastal Development Permit.

(3334-6/97, 3526-2/02, Res. 2004-80-9/04, 3677-12/04, 3758-1/07, 3763-3/07, Res. 2009-36-9/09, 4172-3/19, 4183-10/19, 4196-3/20)

§ 231.20 Bicycle Parking.

Bicycle Parking Requirements.

Nonresidential Uses.

Buildings up to 50,000 square feet of gross building area: One bicycle space for every 25 automobile parking spaces required; minimum of three.

Buildings over 50,000 square feet of gross building area: The Director shall determine the number of bicycle spaces based upon the type of use(s) and number of employees.

Multiple-Family Residential Uses. One bicycle space for every four units.

Facility Design Standards. Bicycle parking facilities shall include provision for locking of bicycles, either in lockers or in secure racks in which the bicycle frame and wheels may be locked by the user. Bicycle spaces shall be conveniently located on the lot, close to the building entrance as possible for patrons and employees, and protected from damage by automobiles.

(3334-6/97, 3677-12/04, 3763-3/07, 4172-3/19, 4183-10/19)

§ 231.22 Driveways-Visibility.

Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall be consistent with the requirements of Section 230.88.

(3334-6/97, 4172-3/19, 4183-10/19)

§ 231.24 Landscape Improvements.

Landscape, planting and irrigation plans shall be prepared consistent with the requirements of Chapter 232.

(3334-6/97, 4172-3/19, 4183-10/19)

§ 231.26 Parking Area Plan Required.

Prior to the construction, reconstruction, or re-striping of an off-street parking area, a parking area plan shall be submitted to the Director for the purpose of indicating compliance with the provisions of this section. This plan shall include:

Location and description of fencing and architectural screen walls.

Location and placement of parking stalls, including bumpers, striping and circulation, all dimensioned to permit comparison with approved parking standards.

Location and placement of lights provided to illuminate the parking area.

A drainage plan showing drainage to a public way in accordance with accepted standards or practices.

A landscape, planting and irrigation plan prepared consistent with the requirements of Chapter 232.

Existing off-street parking areas that were approved at a reduced dimension (e.g., width, length, aisle width) may be reconstructed and re-striped or only re-striped at their previous reduced dimension.

When re-striping, parking stalls shall be as depicted in Section 231.14, Diagram A.

If a parking area is proposed to only be re-striped, no landscape, drainage, or lighting plan is required.

Single-family dwellings on pre-existing lots are exempt from this requirement.

(3334-6/97, 3677-12/04, 4172-3/19, 4183-10/19)

§ 231.28 Oceanside or On-Street Parking Within the Coastal Zone.

If any existing oceanside or on-street parking within the coastal zone is removed, it shall be replaced on a one for one basis in an area that would not result in the loss of any sandy beach area and within walking distance of the existing site. Replacement parking shall be assured prior to the issuance of the Coastal Development Permit and shall be provided before any existing parking is removed so that there will be no reduction in the number of parking spaces available.

(3334-6/97, 4172-3/19, 4183-10/19)

§ 232.02 Applicability.

Minimum site landscaping and required planting areas shall be installed and maintained in accord with the standards and requirements of this chapter, which shall apply to all nonresidential projects, multifamily residential projects consisting of five or more units, residential projects in the RMH-A subdistrict, and common areas of common interest residential subdivisions. All other residential projects in RL, RM, RMH, and RH districts consisting of four or less units shall comply only with the general tree requirements of this chapter.

§ 232.04 General Requirements.

Landscape plans shall be prepared by a California state licensed landscape architect except plans for residential projects with four units or less may be prepared by the developer or a California licensed landscape contractor. The plans shall be submitted to the Public Works and Community Development Departments and receive approval prior to issuance of a building permit. No significant or substantive changes to approved landscaping or irrigation plans shall be made without prior written approval by the Director and the landscape designer. Substantial changes shall require approval of the Planning Commission or Zoning Administrator, whichever granted approval of the project.

Landscape improvements shall comply with the Arboricultural and Landscape Standards and Specifications on file in the Department of Public Works.

Landscape materials shall not be located such that, at maturity:

They interfere with safe sight distances for vehicular, bicycle or pedestrian traffic;

They conflict with overhead or underground utility lines, overhead lights, or walkway lights; or

They block pedestrian or bicycle ways.

Evidence of completion of required landscaping and irrigation improvements shall be supplied to the Public Works Department on a landscape certification form. This form shall be required to be submitted prior to issuance of an occupancy permit for new construction. The Director shall approve a postponement of the required tree planting for specific residential projects when the Covenants, Conditions, and Restrictions (CC&Rs) for the project require installation of the City-required tree planting within 90 days from date of occupancy of residential dwelling by the prospective homeowner.

If mature trees that were originally required to be planted by this Code, conditions of approval, or designed plans are removed, or if mature trees that are considered as specimen trees are removed, or if the trees are permanently disfigured or mutilated beyond their ability to regrow to an acceptable form for that specific variety, then those trees shall be replaced and, whenever possible, with equivalent size and specie per the project's original approved plans.

§ 232.06 Materials.

Landscape improvement plans shall be harmonious with the architectural design and demonstrate a recognizable pattern or theme for the overall development by choice and location of materials. Landscape plans shall conform to the following:

Plant materials shall be selected for energy efficiency and drought tolerance; adaptability and relationship to Huntington Beach environment; color, form and pattern; ability to provide shade; soil retention, fire resistiveness, etc. The overall landscape plan shall be integrated with all elements of the project, such as buildings, parking lots and streets, to achieve desirable micro-climate and minimize energy demand and water use.

The use of crushed rock or gravel for large area coverage shall be avoided.

Nonturf areas, such as shrub beds, shall be top dressed with a bark chip mulch or approved alternative.

Where shrubs or low-level vegetation are used, vegetative matter at maturity shall cover at least 75% of actual planted area.

The use of landscape materials shall be designed to minimize sun exposure of paved surfaces and structures.

Irrigation systems shall be in accordance with the City water efficient landscape requirements of Chapter 14.52 and the Arboricultural Standards and Specifications on file in the Department of Public Works.

Turf areas shall be minimized. Those areas proposed shall be planted with field-grown established drought-tolerant sod. Seeding may be allowed by the Director.

Seventy-five percent of all shrubs, except those used for ground cover, shall be a minimum five-gallon size.

Groundcover areas shall be planted with well-rooted cuttings or container stock.

§ 232.08 Design Standards.

General Planting Provisions.

A minimum of eight percent of the total net site area shall be landscaped, or as required by Title 21 or conditions of approval.

For traffic visibility purposes, the maximum height of shrubbery shall be 32 inches within any parking area and within five feet of any driveway (see Diagrams A, B, C, D).

Turf shall not be installed on grade differential greater than 4:1. Where the maximum overall grade differential is three feet, 3:1 shall be considered maximum.

Any planter or screen wall shall be placed behind the landscape area and shall set back five feet from the edge of any alley or driveway (see Diagram C).

General Tree Requirements.

Each single-family residential lot less than 45 feet in width shall have one 24-inch box tree planted within the front setback area. The City's landscape architect shall determine whether a minimum four to six-foot square (16 to 36 square feet) planting area will be required upon review of the landscape plan. One 24-inch box tree shall also be planted in the streetside yard adjacent to a street without a parkway.

Each single-family residential lot 45 feet or greater in width shall have one 36-inch box tree planted within the front setback area. One 36-inch box tree shall also be planted in the streetside yard adjacent to a street without a parkway.

Multifamily residential lots shall have one 36-inch box tree 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.

Nonresidential developments shall have one 36-inch box tree for each 45 lineal feet of street frontage planted within the first 15 feet of the setback area adjacent to a street.

Specimen palms may be substituted at a ratio of one-half foot brown trunk height for one inch of box tree inch required.

Off-Street Parking Facilities.

A 10-foot-wide landscaped planter area (inside dimension) shall be provided between any streetside property line and a parking area except at driveway openings. Berming shall be a minimum of 20 inches in height. When a planting area is less than 10 feet wide, a 32-inch-high wall shall be provided. Where grade differential would not permit mounding, alternatives shown in Diagram B may be used (see Diagrams A, B, C).

Parking facilities shall have perimeter landscaping areas as follows:

Areas shall be a minimum three feet in plantable width and include one tree for each 90 square feet of landscaped area.

Areas shall be increased to five feet in plantable width when the parking facility dimension is more than 100 feet adjacent to the side or rear property line.

Minimum plantable area for each tree shall be 48 inches square.

Interior landscaping areas shall be distributed throughout the parking area and shall equal five percent of the perimeter landscaping area. These areas shall include a minimum of one minimum 24-inch box tree for every 10 parking spaces and shall be located throughout the parking area.

The end of each row of parking spaces shall be separated from driveways by a landscaped planter, minimum two feet wide and in addition include a step off area (see Diagrams C, E).

Planter areas adjacent to parking spaces shall be provided with a 12-inch-wide by three-and-one-half-inch-thick "step off" area flush with and behind the curb for the entire length of planter or provide four-foot-square or five-foot-diameter circular planter surrounded by textured and/or colored concrete.

A concrete curb may be required adjacent to the sidewalk within the right-of-way. (Refer to the Arboricultural and Landscape Standards and Specifications.)

All parking area landscaping shall be protected from vehicular and pedestrian damage by a six-inch-high, six-inch-wide curb of Portland cement concrete. Additional protection shall be provided by one of the following methods:

Two feet of landscaping consisting of low shrubs or ground cover may be provided between a parking stall and the required landscape area. The additional landscaping shall not count toward the required percentage of landscaping or minimum planter width. This method will allow vehicles to extend over the additional landscape area in conjunction with permitting a reduction in the required length of the parking space from 19 feet to 17 feet; or

Other alternatives acceptable to the Director.

(3334-6/97, 3410-3/99)

§ 232.10 Irrigation.

All landscape areas shall be provided with a permanent underground, electrically automated irrigation system, designed to provide complete and adequate coverage to sustain and promote healthy plant life. The irrigation system shall not cause water to spray onto or cause water, mud or debris to flow across a public sidewalk. Pop-up sprinkler heads shall be required directly adjacent to all pedestrian or vehicular surfaces and located in areas that avoid vehicle overhang. See Section 232.06(F).

§ 232.12 Exceptions.

Existing developments approved prior to June 7, 1983, shall, at the time of expansion and/or exterior modification, provide six percent of the total net site area in landscaping with a minimum six-foot-wide landscape planter (inside dimension) along any street side property line. Current tree quantity and size requirements shall apply.

Existing developments located adjacent to a landscape corridor as depicted in the General Plan shall at the time of expansion and/or exterior modification provide a 10-foot-wide planter with six percent of the site landscaped.

Diagram A Required Landscape Planter and Berming

Diagram B Grade Differential Sections

Diagram C Landscape Planter and Berming

Diagram D

Diagram E Parking Island With Step off Area

Diagram F

Diagram G Palm Height Measurement

§ 233.04 Permits Required.

Sign permits are required for all signs, unless expressly exempted under Section 233.08 or otherwise provided by this Code. A building permit application for a new sign or change in sign panel/face shall be approved by the Planning Division prior to installation and issuance of a building permit by the Building and Safety Department.

Sign Permit. A complete sign application shall include the following information:

Two sets of fully-dimensioned plans drawn to scale. The plans shall include the following:

Site plan indicating the location of all proposed signs, as well as the size and location of existing signs on the site. Photographs should be submitted if available.

Sign elevations, indicating overall square footage and letter/figure dimensions, letter style, color (indicate standard color number if applicable), materials, proposed copy and illumination method.

Dimensioned building elevations with existing and proposed signs depicted.

Property owner approval in the form of a letter or signature on the plans, approving the proposed signs and authorizing submission of the sign application.

For wall signs, method of attachment; for freestanding signs, foundation plan, sign support and attachment plan.

Type and method of electrical insulation devices, where applicable.

Any design modifications from the requirements of this chapter that have been approved shall be noted, and compliance with the Planned Sign Program, limited sign permit, or sign code exception shall be demonstrated.

Planned Sign Program. Review and approval of a Planned Sign Program pursuant to Section 233.20 is required for a sign permit for the following requests:

A site with five or more nonresidential businesses or uses.

A site with two or more freestanding identification signs where there is a request for a new freestanding sign.

Commercial properties with 1,300 feet or more on one street frontage requesting more freestanding signs than allowed pursuant to Section 233.06.

Consolidated subdivision directional signs identifying multiple projects on multiple sign panels.

Service stations.

Wall signs for second floor businesses with exterior access.

Wall signs installed on a building wall not adjacent to the business suite.

Sign Code Exception. The Director may grant approval for a sign code exception of not more than 20% in sign height or sign area. Ten working days prior to submittal for a building permit, applicant shall notice adjacent property owners and tenants by first class mail. Notice of application shall include the following:

Name of applicant.

Location of planned development or use, including address.

Nature of the proposed development shall be fully disclosed in the notice.

Planning department phone number and address of City Hall shall be provided in the notice to call for viewing plans.

The date by which any comments must be received in writing by the Planning Department.

Planning Director shall receive entire list including name and address of those receiving the mailing.

The Design Review Board shall review and render a recommendation to the Director for sign code exception requests of more than 20% in sign height or sign area supergraphics, three-dimensional signs, and relief from the strict application of Section 233.06. Neighborhood notification required pursuant to Chapter 241. The following findings shall be made prior to approval of any sign code exception:

The sign is compatible with the character of the area and is needed due to special circumstances defined by the applicant and applicable to the property.

The sign will not adversely affect other signs in the area.

The sign will not be detrimental to properties located in the vicinity.

The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction.

Limited Sign Permit. The owner of a sign which does not conform to the provisions of Section 233.06 may file an application for a limited sign permit to the Director for permission to change the face or copy of such sign. A limited sign permit cannot be processed for an illegal sign or a prohibited sign listed in Section 233.10. The Director may approve the face change and extend a sign's use for a time period deemed appropriate, not to exceed two years. A sign permit shall be obtained pursuant to Section 233.04(A) prior to installation of the new sign panel/face.

A cash bond in an amount determined by the Director to reflect the cost of removal based on information provided by a sign company shall be required to guarantee the sign's removal upon expiration of the limited sign permit. Approval shall be subject to the following findings:

Due to unique circumstances, the sign's immediate removal will result in a substantial hardship for the applicant.

The sign will not adversely affect other lawfully erected signs in the area.

The sign will not be detrimental to properties located in the vicinity.

The sign will be in keeping with the character of the surrounding area.

The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction.

Design Review Board. The Design Review Board (DRB) shall review and render a recommendation to the appropriate decision maker (Zoning Administrator, Director, Planning Commission, etc.) on the following items prior to issuance of a permit by the Planning and/or Building and Safety Departments for the following:

Electronic readerboard signs.

Signs on properties within the following areas:

Areas subject to specific plans which do not include specific guidelines for signs;

OS-PR (Open Space-Parks and Recreation) and OS-S (Open Space-Shoreline districts); and

Any other area designated by the City Council.

DRB review or approval shall not be required for signs in Redevelopment Agency project areas.

Temporary Sign Permits. The Director may issue a temporary sign permit valid for up to 30 days, if it is found that the temporary sign is necessary to establish or maintain identity until a permanent sign can be erected. Extensions of the 30-day permit may be granted at the discretion of the Director. The Director may also approve a temporary sign permit for the following temporary signs provided the signs conform with the standards defined in Section 233.06:

Signs necessary to avoid a dangerous condition, including directional signs during construction.

Signs pertaining to a use permitted by a temporary use permit.

Promotional activity signs that comply with Section 233.18 are permitted up to a maximum of 90 days per calendar year.

(3334-6/97, 3360-12/97, 3527-2/02, 3711-6/05, 3826-4/09, 3872-3/10, 4097-10/16)

§ 233.06 Permitted Signs.

All signs shall be governed by the following schedule, except if addressed elsewhere in this chapter. The schedule lists maximum standards for number, area, and height of allowed signs which does not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, consideration shall be given to building setbacks, visibility of attached signing on the site, and the proposed sign's relationship to the overall appearance of the property, to the surrounding neighborhood, and to community goals. Compatible design, simplicity, sign effectiveness and adherence to the objectives and policies in the Urban Design Element of the General Plan shall be used as guidelines for sign approval. Nothing in this chapter shall preclude public access signage.

The City may, in addition, from time to time adopt policies regarding sign standards. Such policies may include separate standards or provisions for specific areas of the community.

Commercial Districts.

Freestanding Signs on Adams Avenue, Beach Boulevard, Brookhurst Street, Edinger Avenue, Goldenwest Street and Warner Avenue.

	LOT FRONTAGE	MAX. NO. OF SIGNS	MAX. SIGN HEIGHT	MAX. SIGN AREA
a.	Interior lots with less than 200 feet of street frontage	One	10 ft. +5 ft. for Bonus	50 sq. ft. +25 sq. ft. for Bonus
b.	Interior lots with min. 200 feet but less than 400 feet	One	15 ft. +5 ft. for Bonus	70 sq. ft. +30 sq. ft. for Bonus
c.	Corner lots with the greatest street frontage less than 400 feet	One per street frontage	7 ft. +3 ft. for Bonus	30 sq. ft. +15 sq. ft. for Bonus
d.	Interior lots with min. 400 feet of frontage AND Corner lots with min. 400 feet on one street frontage	One primary (P) and two secondary (S) signs per street	20 ft. (P) +5 ft. for (P) Bonus 7 ft. (S)	100 sq. ft. (P) +25 sq. ft. (P) Bonus 30 sq. ft. (S)
e.	Regional mall identification sign	One per street frontage	25 ft.	100 sq. ft.
		One freeway sign	25 ft. above freeway	200 sq. ft.

Freestanding Signs on All Other Arterials Not Listed in Subsection (A)(1) of this Section.

	LOT FRONTAGE	MAX. NO. OF SIGNS	MAX. SIGN HEIGHT	MAX. SIGN AREA
a.	Interior lots with less than 400 feet of street frontage	One	7 ft. +1 ft. for Bonus	50 sq. ft. +10 sq. ft. for Bonus
b.	Corner lots with the greatest street frontage less than 400 feet	One per street	7 ft. +1 ft. for Bonus	30 sq. ft. +10 sq. ft. for Bonus
c.	Interior lots with min. 400 feet of frontage AND Corner lots with min. 400 feet on one street frontage	One primary (P) and two secondary (S) signs per street	15 ft. (P) +0.5 ft. for Bonus 7 ft. (S)	70 sq. ft. (P) + 10 ft. for Bonus 30 sq. ft. (S)

•	Bonus signs (B) shall have an opaque background, internal illumination for items of information only.
•	Multi-tenant panels are permitted provided the panels are minimum 10 inches in height, with a minimum six-inch letter height. They shall be restricted to one uniform background color and two colors for the sign copy, with the exception that the Center Identification may have a separate background color. Sign copies shall be limited to the company name or one generic item of information. Major tenant identification shall be encouraged by being placed on the largest panel.
•	Secondary signs (S) are in addition to the Primary (P) sign. Secondary sign copy shall be limited to business identification only.
•	Street addresses shall be included on all freestanding signs with minimum six-inch numerals.
Other Locational Criteria for Freestanding Commercial Signs
•	No business shall have more than one freestanding sign facing each frontage.
•	Freestanding signs on the same site shall be located a minimum of 150 feet apart unless approved by a Planned Sign Program.
•	A freestanding sign shall not be permitted in an area between the building and right-of-way when that portion of the building is located at the minimum setback.
•	Signs shall be located in a landscape planter a minimum of two feet wider than the sign itself. Square poles or other architectural treatment shall be required, except if the sign is eight feet or less in height, it shall be of monument type, with a minimum two-foot base. Placement shall conform with Diagram A.
•	No freestanding sign shall be located along a local street.

Wall Signs.

SITE CRITERIA	TYPE	MAX. NUMBER	MAX. SIGN AREA	OTHER STANDARDS
Individual business identification	Wall	One per street or parking lot frontage for each separate business on the ground floor Signs for second floor businesses with exterior access may be permitted by Planned Sign Program	1.5 sq. ft per linear ft. of business frontage Business <50,000 sq. ft.; max. total = 200 sq. ft.* Business 50,000+ sq. ft.; no max.* Channel letter signs: 15% bonus after above calculation	1. Channel letter signs required on all sites consisting of 5 or more uses. 2. Signs over 50 sq. ft. shall have an opaque background and internal illumination for items of information only or shall be of channel letter design. 3. Multi-business consolidated wall signs shall be permitted provided the signs do not exceed the allowable sign area. 4. Placement shall conform to Diagram B. 5. One nameplate may be placed at each door, loading dock, or other entrance facing a public street; max. 6 sq. ft. 6. Signs on projecting canopies/awnings shall be considered wall signs. 7. Raceways shall only be permitted when unable to place electrical components within wall/parapet.
	Under canopy	One per business	8 sq. ft.	1. Canopy signs shall be attached perpendicular to the building face, centered above the store entrance or lease length. 2. Minimum 8 ft. ground clearance. 3. Signs shall not be illuminated.

Notes:
*	No sign shall exceed 200 sq. ft. or 1.5 sq. ft. per linear ft. of the wall upon which it is placed.

Changeable Copy Signs.

SITE CRITERIA	TYPE	MAX. NUMBER	MAX. SIGN AREA	MAX. HEIGHT	OTHER STANDARDS
Hotel with convention facility	F/S	One per site	30% of allowable F/S area	See Commercial Districts— Freestanding Signs, subsection (A)(1)(a) through (d) of this section	To be combined with permitted sign.
Live entertainment	F/S	One per site	30% of allowable F/S area	See Commercial Districts— Freestanding Signs, subsection (A)(1)(a) through (d) of this section	To be combined with permitted sign.
Tenant directory	F/S	One per site	30 sq. ft.	7 ft.	Low intensity illumination, oriented toward pedestrians and motorists on site; min. 30 ft. from exterior property lines, and 25 ft. from other freestanding signs.
Menu board	F/S or wall	One per drive-thru lane	32 sq. ft.	7 ft.	May be in addition to permitted sign.
Electronic readerboards	See Sections 233.12 and 233.14 for specifications

Industrial Districts.

Freestanding Signs.

SITE CRITERIA	MAX. NUMBER	MAX. SIGN AREA	MAX. SIGN HEIGHT	OTHER STANDARDS
Industrial/mixed uses	One business identification sign per site	Under 1 acre: 32 sq. ft. Industrial centers over 1 acre: 50 sq. ft.	7 ft.	1. Sign copy shall be limited to center or single business identification only. No multi-tenant panels shall be permitted. 2. Freestanding signs shall conform to Diagram A, and shall be located in a landscaped planter a minimum of 2 feet wider than the sign itself. 3. All freestanding signs shall have the street address included on the sign. 4. Signs shall be monument type. 5. Internally illuminated signs shall be designed as bonus signs.
Mixed use businesses with frontages on Gothard Street	One per street frontage	Under 1 acre: 32 sq. ft. Industrial centers over 1 acre: 50 sq. ft.	10 ft.	1. Multi-tenant panels are permitted provided the panels are minimum 10 inches in height with minimum 6 inch high letters. They shall be restricted to one uniform background color and two colors for the sign copy, with the exception that the Center Identification may have a separate background color. Sign copies shall be limited to the company name or one generic item of information. 2. Major tenant identification shall be encouraged by being placed on the largest panel. 3. Signs eight feet or less shall be monument type. 4. Internally illuminated signs shall be designed as bonus signs.

Wall Signs.

SITE CRITERIA	MAX. NUMBER	MAX. SIGN AREA	MAX. SIGN HEIGHT	OTHER STANDARDS
All industrial/mixed uses	One per street or parking lot frontage for each separate business	1 sq. ft. per linear ft. of building frontage. Channel letter signs receive a 10% bonus after the above calculation. Max. 100 sq. ft. per business for all wall signs.	Below roofline	1. One nameplate may be placed at each door, loading dock, or other entrance facing a public street; max. 6 sq. ft. 2. Internally illuminated signs shall be designed as bonus signs. 3. Raceways shall only be permitted when unable to place electrical components within wall/parapet.

Residential.

SITE CRITERIA	TYPE	MAX. NUMBER	MAX. SIGN AREA	MAX. SIGN HEIGHT	OTHER STANDARDS
Neighborhood identification	F/S	1 per street entrance	1 sq. ft. per unit; max. 50 sq. ft.	6 ft.	1. Signs shall be affixed to perimeter wall or placed within a landscaped planter. 2. Sign copy shall be limited to 18 inches in height, name of development only. 3. Freestanding signs shall be set back 20 feet from any interior property line. Placement shall conform to Diagram A.
	OR
	Wall	1 on each side of each street entrance	0.5 sq. ft. per unit; max. 25 sq. ft.
Vacancy signs for multi-family developments	Wall	1 per street frontage	6 sq. ft.	Below roofline	Copy limited to "vacancy," type of unit available, and source of information.

Churches, Schools, and Commercial Recreational Uses Within Public Parks.

SITE CRITERIA	TYPE	MAX. NUMBER	MAX. SIGN AREA	MAX. SIGN HEIGHT	OTHER STANDARDS
Identification	F/S	One per site	32 sq. ft.	7 ft.	1. Freestanding signs shall be completely located within a landscaped planter. 2. Signs shall be monument type. 3. Freestanding signs shall be set back 5 ft. from any interior property line. 4. All freestanding signs shall have the address included on the sign. 5. Raceways shall only be permitted when unable to place electrical components within wall/parapet.
	AND
	Wall	One per site	1 sq. ft. per linear ft. of bldg. frontage max. 32 sq. ft.	Below roofline
Changeable copy	F/S	One per site	30% of allowable F/S area	7 ft.	To be combined with permitted sign.
	Wall	One per site	32 sq. ft.		May be in addition to permitted sign.

Service Stations.

SITE CRITERIA	TYPE	MAX. NUMBER	MAX. SIGN AREA	MAX. SIGN HEIGHT	OTHER STANDARDS
Business identification	F/S	One per site	Alternative A: 20 sq. ft. if sign contains only identification and no changeable copy panels for pricing.	7 ft.	1. Service stations with convenience markets shall use Alternative A.
			OR		2. Freestanding signs shall be located in a landscaped planter a minimum of 2 feet wider than the sign itself.
			Alternative B: 50 sq. ft. if price information is incorporated on sign. Sign shall contain panels for fuel price only. No detached price signs shall be located elsewhere on the site.		3.Signs shall be monument type. 4.All freestanding signs shall have the address included on the sign.
	Wall	One per street frontage	1 sq. ft. per linear foot of building frontage	Below roofline	1.Internal illumination or channel letters only. 2.If canopy fascia signs are used for business ID, no wall signs shall be permitted on bldg.
	and/or				3.Max. letter height for fascia signs shall be 75% of fascia width.
	Canopy	One per street frontage	10 sq. ft.		4. If canopy fascia signs are not provided, a logo may be permitted on each side of canopy column connector (spandrel) in addition to wall signs.
Fuel price and credit information	F/S	One per street frontage in conjunction with Alternative A sign Price signs shall be located a minimum 15 ft. from other freestanding signs.	12 sq. ft.	6 ft.	1.Price signs shall advertise fuel prices only and no other product available. 2.Freestanding signs shall be completely located within a landscaped planter.
Pump instructions or identification	Attached to pump island column	One per canopy column	2 sq. ft.	10 ft.	1.No other signs shall be permitted on the canopy or column except as specified. 2.Point of purchase signs shall be prohibited. 3.State or federal government required signs encompassed within a fuel pump shall not be regulated by this chapter.

Permitted in All Districts.

SITE CRITERIA	TYPE	MAX. NUMBER	MAX. SIGN AREA	MAX. SIGN HEIGHT	OTHER STANDARDS
Building identification for buildings over 100 ft. in height	Wall	One per building frontage	3 sq. ft. per foot of bldg. height	Shall be placed within top 25 ft. of bldg.	1. Such sign shall be in addition to that which is permitted elsewhere in this article. 2. Raceways shall only be permitted when unable to place electrical components within wall/parapet.
Promotional activity signs	Repealed by 3826-4/09

(3334-6/97, 3360-6/97, 3826-4/09)

§ 233.08 Exempt Signs.

The following signs are exempt from the sign permit requirements of Section 233.04. These signs shall not be restricted by content and no fee, permit or application is required:

Cornerstones (including names of buildings and dates of erection), and citations that are made an integral part of the structure.

Signs not exceeding 0.5 square feet each posted by commercial establishments.

Flags posted by any governmental agency.

Signs posted by neighborhood safety organizations.

Notices posted by a utility or other quasi-public agent in the performance of a public duty.

Signs or notices posted by any court, public body or officer.

Signs posted by property owners on private property, as required by law (including no trespass and legal notices).

One sign, not over six square feet in area, may be posted at each door, loading dock, or other entrance facing a public street.

One double-faced sign per each commercial parking entrance, not exceeding two square feet in area and four feet in height.

Signs erected by a public agency.

Signs manufactured as a standard, integral part of a mass-produced product accessory or display structure including telephone booths, vending machines, automated teller machines, and gasoline pumps.

Signs within a building not visible from a public street and window signs not exceeding 20% of the visible area of a window (50% during December). No window sign shall be displayed above the second story.

Signs required by the Americans with Disabilities Act (ADA).

Two signs (including, but not limited to, street numerals and "no solicitation" notices), not exceeding two square feet each, placed on any part of a building facing a public street.

Temporary Signs. Temporary signs are permitted on private property where the property owner has granted permission for its display. Temporary signs are permitted in public rights-of-way, but not permitted in street medians or dividers, or affixed to trees, shrubs or other landscape materials. This signage shall not be restricted by content and shall be permitted as follows:

SITE CRITERIA	TYPE	MAX. NUMBER	MAX. SIGN AREA	MAX. SIGN HEIGHT	OTHER STANDARDS
Non-commercial signs on private property in all zones	F/S or Wall; no roof signs	N/A	8 sq. ft. total combined of all signs on a property	In all zones, 42 inches within front setback areas; 6 ft. in other areas	1. Cannot create traffic or safety hazards; cannot encroach in the visibility triangular areas described in Section 230.88. 2. In Commercial and Industrial Zones, F/S non-commercial signs are allowed only in landscaped areas and landscaped planters.
Non-commercial signs in public rights-of-way	F/S or Wall	N/A	N/A	N/A	1. Cannot create traffic or safety hazards. 2. Non-commercial signs in public rights-of-way may be posted no sooner than 50 days before an Election Day and must be taken down no later than 10 days following the Election Day. Non-commercial signs in public rights-of-way may be removed by anyone beginning the Friday after Election Day.
Real Estate Signs
Residential	F/S or Wall	1 per site	8 sq. ft.	6 ft.	1. Cannot create traffic or safety hazards. 2. May be erected no earlier than the date the property is placed on the market for sale, lease or rental, and is removed immediately after the sale, lease, or rental of the property which is defined as the close of escrow or execution of lease or rental agreement. 3. No sign may be attached to the perimeter walls of residential communities.
Commercial Office District	F/S or Wall	1 per site	20 sq. ft.	10 ft. 12 ft.	1. Cannot create traffic or safety hazards. 2. May be erected no earlier than the date the property is placed on the market for sale, lease or rental, and is removed immediately after the sale, lease, or rental of the property which is defined as the close of escrow or execution of lease or rental agreement.
Commercial Industrial	F/S or Wall	1 per site	30 sq. ft.	12 ft.	1. Cannot create traffic or safety hazards. 2. May be erected no earlier than the date the property is placed on the market for sale, lease or rental, and is removed immediately after the sale, lease, or rental of the property which is defined as the close of escrow or execution of lease or rental agreement.
All Other Districts	F/S or Wall	1 per site	20 sq. ft.	10 ft.	1. Cannot create traffic or safety hazards. 2. May be erected no earlier than the date the property is placed on the market for sale, lease or rental, and is removed immediately after the sale, lease, or rental of the property which is defined as the close of escrow or execution of lease or rental agreement. 3. Signs shall not be attached to the perimeter walls of residential communities.
Construction Signs	F/S or Wall	1 per site	32 sq. ft.	None	Is erected no earlier than the date a building permit is issued for the property, and is removed prior to issuance of a certificate of occupancy or final inspection, whichever comes first.
Open House Signs
	F/S or Wall	1 per site	6 sq. ft.	4 ft.	1. Sign must be displayed adjacent to the entrance of a property or in the case of a residential subdivision at the immediate points of access to the property from an arterial, and is removed by sunset on any day it is erected.
					2. Placement shall not be in street medians, dividers, on street signs, traffic control devices and shall not obstruct the public right-of-way.
	Flags	3 per site	2.5 sq. ft.	6 ft.	Must be displayed at the immediate points of access to a property or, in the case of a residential subdivision, from the immediate point of access from an arterial.
Pennants			30 sq. ft.		1. Must be placed on light standards located on private property. 2. Must have an 8-foot clearance from the ground. 3. Must be removed within 5 business days of the completion of the City-sponsored event or theme.

(3334-6/97, 3360-12/97, 3826-4/09, 3872-3/10, 3881-8/10, 3927-1/12, 4047-5/15)

§ 233.10 Prohibited Signs.

Canvas signs, banners, pennants, streamers, balloons or other temporary signs except as provided in Sections 233.08 (Exempt Signs), 233.16 (Subdivision Directional Signs) or 233.18 (Promotional Activity Signs).

Mobile, A-frame, and portable signs and those of a similar nature which are not permanently attached to the ground or building except as provided in Section 233.18 or 233.20.

Roof signs except those permitted under Section 233.18(D).

Signs which resemble any official marker erected by the City, state, or any governmental agency, or which, by reason of position, shape, color or illumination would conflict with the proper functioning of any traffic sign or signal or would be a hazard to vehicular or pedestrian traffic.

Signs which produce odor, sound, smoke, fire or other such emissions.

Flashing, moving, pulsating, or intermittently lighted signs, mechanical movement signs, including searchlights, except electronic readerboards and public service signs such as those for time and temperature.

Animals or human beings, live or simulated, utilized as signs.

Projecting signs, except canopy or awning signs and under-canopy signs, subject to subsections 233.06(A) and 233.06(E).

Signs which constitute a nuisance or hazard due to their intensity of light.

Signs visible from and within 100 feet of an R district which are illuminated between the hours of 10:00 p.m. and 7:00 a.m. unless they identify an establishment open for business during those hours.

Off-premises signs, including billboards or advertising structures installed for the purpose of advertising a project, subject or business unrelated to the premises upon which the sign is located, except as permitted pursuant to Sections 233.14 (Readerboard Signs—Multiple Users) and 233.16 (Subdivision Directional Signs).

Abandoned signs and signs which no longer identify a bona fide business conducted on the premises. Such signs shall be removed by the property owner within 60 days of the business's closing date. The sign panel may be turned over (blank side out) if the sign complies with code.

Signs located on public property, including signs affixed to utility poles, trees or projecting onto the public right-of-way, except otherwise exempt temporary signs pursuant to Section 233.08(O) and those required by law. This section shall not prohibit the placement of advertising panels on public service items including, but not limited to, trash receptacles, bicycle racks, bus benches, transit shelters, and telephone booths, within public rights-of-way or in publicly operated beaches or parks provided such items are placed in accord with an agreement granted by the City Council, and for such signs proposed in the coastal zone, subject to approval of a coastal development permit unless otherwise exempt.

Vehicle signs, signs affixed to automobiles, trucks, trailers or other vehicles on public or private property for the purpose of advertising, identifying or providing direction to a use or activity not related to the lawful use of the vehicle for delivering merchandise or rendering service. Any such vehicle signs which have as their primary purpose to serve as a non-moving or moving display are prohibited.

Within the coastal zone, signs that limit or prohibit public access to public coastal areas, public accessways and/or to public parks except, subject to approval of a coastal development permit, when necessary for public safety, no other feasible alternative exists, the signs are consistent with all other applicable local coastal program requirements, and are subject to a requirement that the signs shall be removed as soon as the public safety issue is resolved.

Within the coastal zone, signs that adversely affect scenic and visual qualities of coastal areas and public parks shall be prohibited except, subject to approval of a coastal development permit, when necessary for public safety, no other feasible alternative exists, the signs are consistent with all other applicable local coastal program requirements, and are subject to a requirement that the signs shall be removed as soon as the safety issue is resolved.

(3334-6/97, 3360-12/97, 3826-4/09, 3881-8/10, 3981-8/13, 4047-5/15)

§ 233.12 Electronic Readerboards.

Electronic readerboards are permitted subject to review by the Design Review Board, and approval of a conditional use permit by the Zoning Administrator.

Required Findings. Prior to approving a conditional use permit to allow an electronic readerboard sign, the Zoning Administrator shall make the following findings:

The proposed electronic readerboard sign conforms with the standards and criteria as set forth in this chapter;

The proposed electronic readerboard sign is compatible with other signs on the site and in the vicinity;

The proposed electronic readerboard sign will not adversely impact traffic circulation in adjacent rights-of-way or create a hazard to vehicular or pedestrian traffic; and

The proposed electronic readerboard sign shall not have adverse visual impacts on adjoining commercial and/or residential neighborhoods.

Readerboard Sign Criteria.

Electronic readerboards may be freestanding or wall type signs.

The maximum number of electronic readerboards shall be one per site.

The maximum sign area shall be 115 square feet; 90 square feet for message center; and 25 feet for other information.

The maximum height of a freestanding electronic readerboard sign shall be 25 feet.

The electronic readerboard shall have cylinders, a shade screen and a photocell for reducing the intensity of lighting at night.

The maximum measurable light output of the electronic readerboard shall not exceed 50 foot-candles at any property line.

Location Requirements.

Electronic readerboards shall only be allowed on parcels abutting a freeway and on parcels abutting Beach Boulevard, excluding the portion along Beach Boulevard designated as a landscape corridor south of Adams to Pacific Coast Highway.

Minimum lot frontage: 200 feet.

Minimum distance between electronic readerboards: 150 feet.

Minimum distance to any residence: 150 feet.

Other Standards.

Where a site has an electronic readerboard, temporary banners, balloons, flags, etc., shall be permitted a maximum of 15 days per calendar year.

Hours of operation: 6:30 a.m. to 10:30 p.m. At least 10% of the message time, or any percentage deemed necessary by the City for emergency conditions, shall be used for public service announcements.

Messages in an electronic readerboard shall be no faster than one message every four seconds, and the minimum interval between messages shall be at least one second. Continuous motion of messages is not permitted.

Light intensity changes (other than between day and night uses) are not permitted.

In addition to the electronic readerboard sign, one monument sign, maximum of seven feet in height and a maximum 50 square feet in sign area, may be permitted and all other signage shall be brought into conformance with this chapter.

(3334-6/97, 3360-12/97, 3711-6/05, 3826-4/09)

§ 233.14 Readerboard Signs-Multiple Users.

Off-site electronic readerboard signs may be permitted subject to review by the Design Review Board and approval of a conditional use permit by the Zoning Administrator. Off-site electronic readerboards as part of an electric vehicle charging station may be permitted subject to building permit and compliance with criteria in subsection F below. Approval of all other electronic readerboard signs shall be subject to the following criteria, subsections A through E.

Required Findings. Prior to approving a conditional use permit to allow a multiple user electronic readerboard sign, the Zoning Administrator shall make the following findings:

The proposed electronic readerboard sign conforms with the standards and criteria as set forth in the Huntington Beach Zoning and Subdivision Ordinance.

The proposed electronic readerboard sign will not adversely impact traffic circulation in adjacent right-of-way or create a hazard to vehicle or pedestrian traffic.

Multiple User Readerboard Sign Criteria.

Multiple user electronic readerboard signs may be located at a site which is not the location of any of the parties using the sign for advertising.

Multiple user electronic readerboard shall be freestanding.

The maximum sign area shall be 1,200 square feet.

The maximum height of a multiple user readerboard sign shall be 85 feet.

The multiple user readerboard shall have cylinders or directional incandescent lamps and have a shade screen or louver system, a shade screen and a photocell for reducing the intensity of lighting at night.

Lighting Standards.

The maximum night time light intensity and illuminance shall conform to the following:

Maximum Night Time Intensity
Height from Ground (in feet)	5	10	20	30	50	70	85
Max. Intensity (x 1,000 lumens)	125	130	145	170	250	370	490

Maximum Night Time Illuminance
Land Use at Receptor Site	Residential	Commercial	Other
Max. Illuminance (foot-candles)	0.3	2.0	1.0

The maximum night time illuminance shall be measured at the receptor site, at ground level, by a direct-reading, portable light meter. Measurements shall not be made within one hour after sunset or before sunrise.

Illuminance shall be determined by the difference between a reading taken with the sign on and another reading taken within three minutes with the sign off.

An illuminance chart shall be prepared by a licensed engineer and submitted to the Director for approval prior to installation. Conformance with this section shall be verified by actual measurements made, as specified herein, after installation. The method of measurement and results shall be subject to approval of the Director.

Location Requirements.

A multiple user readerboard shall be located no farther than 200 feet from a freeway.

The minimum distance between multiple user readerboards shall be 1,000 feet.

The sign shall be a minimum distance of 600 feet from residential properties.

Other Standards.

No off-site electronic readerboard will be permitted except for multiple users.

At least 20% of the message time, or any percentage deemed necessary by the City for emergency conditions, shall be used for public service announcements.

Messages in a multiple user sign shall be no faster than one message every four seconds and the minimum interval between messages shall be at least one second.

Light intensity changes (other than between day and night uses) are not permitted.

Electronic Vehicle Charging Station Sign (EVCSS) Standards.

The EVCSS shall have a maximum of two sides and a maximum of nine square feet of signage on each side. The maximum height of an EVCSS is five feet and shall be designed with a solid monument type base and integrated into the EV charging station.

All EVCSS shall be located at the head of each parking stall and oriented toward the single vehicle user and/or adjacent sidewalk. The EVCSS shall maintain a minimum 10 feet by 10 feet visibility triangle at the foot of each parking stall. The EVCSS shall not encroach into the required parking stall dimensions. If located within a landscaped area, any required landscaping shall be replaced.

Only static or still pictures and images are permitted on the EVCSS; moving video type images are not permitted.

No audio or sound components are permitted on the EVCSS.

The EVCSS shall be located a minimum of 150 feet from any residential property line or residential use.

The EVCSS shall dim by at least 50% between 8:00 pm and 8:00 am.

There shall be a maximum of two EVCSS for every 100 parking stalls on the property.

An EVCSS with Level 1 (approximately 120 volt outlet) and Level 2 (approximately 240 volt outlet) Chargers shall be provided free of charge to the public consumer; Level 3 Direct Current Fast Chargers (approximate range in output from 50 kW to 350 kW) may include a fee to the consumer.

Each EVCSS shall comply with subsection C above.

10.

Each EVCSS shall comply with subsection E above.

11.

Electric vehicle charging stations, which include readerboard signage granted under this section, shall be in operational working condition at all times and, at a minimum, available for use during regular business hours. When an electric vehicle charging station is not operational for 14 consecutive days, it shall be considered to have been removed from service. If removed from service, the EVCSS shall be removed from the site and the parking spaces shall be returned to their original condition within 30 days.

(3334-6/97, 3360-12/97, 3711-6/05, 3826-4/09; 4234-3/22)

§ 233.16 Subdivision Directional Signs.

Subdivision directional signs shall contain only the name of a development, the developer, price information, and directional information for land development projects located within the City. Sign permits for off-site subdivision directional signs for land development projects shall be limited to no more than six off-site signs, and approval for such signs shall be subject to the following standards:

Location Requirements.

Signs shall not be located within any street medians, divides, or other public rights-of-way or on any property developed with residential uses other than that of the subdivision identified.

Signs located on the same side of the street shall be a minimum of 600 feet from any other subdivision directional sign except a sign may be permitted on each corner of the intersection of arterial highways.

Maximum Area and Height.

64 square feet in area and 15 feet high provided there is a minimum 50-foot distance from any adjacent developed property.

32 square feet in area and eight feet high provided there is a minimum 25-foot distance from any adjacent developed property.

Permit Expiration. Sign permits issued for subdivision directional signs shall expire either one year from the date of issuance or on the date 90% of the project's units have all been sold, leased, or rented for the first time, whichever is sooner. Annual renewals may be granted for such time as units still exist for sale; however, no more than one directional sign is allowed after 90% of the units are sold, leased or rented.

Street Widening. When a sign conflicts with street widening or construction, it shall be removed upon written notice at no cost to any public agency.

Required Bond. Prior to the issuance of a building permit, the applicant shall file a cash bond in an amount set by resolution of the City Council. The full bond amount shall be refunded if the sign structure is removed and the site restored to its original condition within 15 days after the expiration of the permit. If the sign structure is not removed, the City shall remove the sign and its supporting structure with the cost deducted from the cash bond, and any remainder refunded.

(3334-6/97, 3826-4/09)

§ 233.18 Promotional Activity Signs.

Promotional activity signs may be placed on a site subject to the issuance of a temporary sign permit by the Director, and provided that such signs comply with all of the standards set forth in this section, and provided such signs do not create safety hazards or block signs identifying adjoining establishments.

A temporary sign permit for a promotional activity sign, banners, pennant or pennants, unless otherwise specified, shall be valid for a maximum of 90 days in any calendar year and shall not be renewable.

Promotional activity banners shall not exceed one square foot of banner area for each linear foot of building frontage and in no case shall the total banner area exceed 100 square feet. Pennants shall be limited to a maximum of one square foot for each pennant.

A promotional activity banner, as permitted above, shall not be affected by the issuance of a grand opening promotional activity sign permit during the same calendar year. The size of a grand opening promotional activity banner shall not exceed the size specified in Section 233.18(C).

Promotional activity signs, banners, and pennants shall be maintained and not be in a condition of disrepair. Disrepair shall include torn, faded or sagging signs.

The Director may approve a temporary sign permit for a promotional sign, to be displayed on a site with electronic readerboards up to a maximum of 15 days per calendar year.

Vehicle sales businesses and automobile dealerships located on Beach Boulevard may, without first obtaining a temporary use permit from the Director, display promotional activity signs, banners, pennants, and car-top signs that comply with the following standards:

Eighteen-inch non-metallic helium balloons and large non-metallic inflatables may be displayed on the weekends (Friday 9:00 a.m. through Sunday 12:00 midnight), provided they do not project over the public right-of-way.

Automobile dealerships on Beach Boulevard shall be permitted to display flags, pennants, banners and car-top signs throughout the year.

Vehicle sales businesses and automobile dealerships located on Beach Boulevard shall obtain a temporary sign permit for the use of large displays and inflatables larger than 18 inches in diameter. The displays and inflatables shall be affixed directly to the ground or roof of a building. The displays and inflatables shall be limited to a maximum of 12 weekends per calendar year.

(3334-6/97, 3360-12/97, 3826-4/09)

§ 233.20 Planned Sign Program.

A Planned Sign Program shall be submitted to the Director when required by Section 233.04(B). Such program shall be reviewed and approved by the Director prior to issuance of any building permit. The purpose of the Planned Sign Program is to encourage coordinated and quality sign design as well as to permit more flexible sign standards for commercial and industrial centers.

The standards of Section 233.06 shall be used as a guide in the design of a Planned Sign Program. The property owner shall designate a person or firm as the primary liaison with the City for the purpose of submitting sign permit requests in conformance with the approved Planned Sign Program.

Planned sign program applications shall be submitted to the Planning Division and shall include the following:

A site plan, drawn to scale, depicting the precise locations of all buildings and signs;

Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, or projecting signs are proposed;

Written text describing the specific sign criteria for the property. The program shall, at minimum, include provisions regulating sign height, area, sign type, colors, design and location;

A statement of the reasons for any requested modifications to the provisions or standards of this chapter; and

The name, address, and telephone number of the person or firm responsible for administering the Planned Sign Program.

A Planned Sign Program may include more than one freestanding sign per parcel or other deviations from the standards of this chapter, provided that the total sign area does not exceed the area otherwise permitted by Section 233.06 by more than 10%, or by 30% for multiple automobile franchises occupying the same lot, and commercial businesses with 50,000 square feet or more of floor area. In approving a Planned Sign Program, the Director shall find that the proposed signs are compatible with the style or character of existing improvements on the site and are well related to each other, reflecting a common theme and design style.

The Director may require any reasonable conditions necessary to carry out the intent of the Planned Sign Program. For developments with existing signs, a schedule or phasing plan for bringing such signs into conformance with the Planned Sign Program shall be submitted and become part of the approval of the Planned Sign Program. A cash bond may be required to guarantee their modification or removal.

(3334-6/97, 3360-12/97, 3527-2/02, 3826-4/09)

§ 233.22 Miscellaneous Signs and Provisions.

Signs within the Downtown Specific Plan or located in any other specific plan areas shall comply with any additional requirements outlined within the plan itself and any applicable design guidelines.

Non-commercial murals, non-commercial large graphic designs, and statuary shall be subject to review by the Director for the sole purpose of ensuring that such displays will not pose a hazard to public health, safety or welfare.

No window or contiguous window panes shall be covered by paper or painting signs that exceed 20% of the total area of that window; however, windows may be covered up to 50% during the month of December.

(3334-6/97, 3360-12/97, 3826-4/09)

§ 233.24 Nonconforming Signs.

Continuation of Use. A nonconforming sign may be maintained on site after the effective date of the ordinance codified in this title, provided that the nonconforming sign is not:

Changed to another nonconforming sign; or

Structurally altered so as to extend its useful life; or

Expanded or altered as defined in Section 233.28, except that a change of sign panel/face may be permitted provided the items of information on the sign (i.e., business name) remain the same; or

Reestablished after discontinuance for 90 days or more; or

Reestablished after damage or destruction of more than 50% of the sign value at the time of such damage or destruction.

Signs replaced or requested to be modified at the owner's initiative shall comply with all current provisions of this chapter unless the Director approves a sign code exception, a limited sign permit or Planned Sign Program.

(3334-6/97, 3360-12/97, 3826-4/09)

§ 233.26 Code Compliance.

Signs shall be subject to the provisions of this chapter, the Uniform Building Code and National Electric Code, as adopted by the City.

Any sign by design, location or configuration that violates this chapter or creates a pedestrian or vehicle hazard is deemed to be a public nuisance and subject to enforcement under this Code and/or the Huntington Beach Municipal Code.

Penalty. No person, firm, corporation or other legal entity shall maintain, place, erect, or permit any sign to be displayed in violation of this chapter. Violations are a misdemeanor and are punishable as provided in Chapter 249, Enforcement, of the Huntington Beach Zoning and Subdivision Code.

(3334-6/97, 3360-12/97, 3826-4/09)

§ 233.28 Definitions.

The following definitions shall apply to the provisions in this chapter. General definitions are contained in Chapter 203.

Abandoned Sign.

A sign which no longer directs, advertises or identifies a legal business establishment, product or activity on the premises where such sign is displayed.

Alteration.

Any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.

Animated Sign.

Any sign which is designed to give a message through a sequence of progressive changes of parts or lights or degree of lighting.

Area of Sign.

The area included within the outer dimensions of a sign (excluding structural supports).

For freestanding signs, sign area shall be calculated on one face of the sign, provided a sign face on a double-sided sign is not separated from the opposite side of the sign by more than 12 inches at any point.

For illuminated awning or canopy signs, sign area shall be calculated around the sign copy only.

For signs without a border or frame (channel or skeleton letters), the area shall be within a rectangle or eight continuous straight lines (with right angles) formed around the extreme outer limits of the sign message, including all figures and any background or color which is an integral part of the sign.

Awning.

A shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework.

Awning Sign.

A sign painted on, printed on, or attached flat against the surface of an awning.

Banner Sign.

A temporary sign composed of fabric or flexible material with no enclosing frame.

Bonus Sign.

An internally illuminated freestanding sign designed with opaque sign faces/panels, and illumination for items of information only.

Building Frontage.

The linear extent of a building or business which has frontage on either a street or parking area. Only one side of the building facing the street or parking area shall be used to determine the maximum sign area.

Business Identification Sign.

A sign which serves to identify only the name and address of the premises, business, building or portion of building upon which it is located and includes no other advertising such as product lists, phone numbers and hours of operation. Logos may also be permitted.

Canopy.

A permanent roof-like structure which extends along and projects beyond the wall of a building, or is freestanding as common in service stations, and is generally designed and constructed to provide protection from the weather.

Changeable Copy Sign.

A sign or portion thereof with characters, letters or illustrations that can be changed manually or electrically without altering the face or surface of the sign.

Channel Letters.

Individual letters or figures, illuminated or non-illuminated, affixed to a building or freestanding sign structure.

Construction Sign.

A temporary sign identifying the persons, firms or businesses directly connected with a construction or development project and may include the name of the future site occupant.

Directional Sign.

An on-premises incidental sign designed to guide or direct pedestrian or vehicular traffic.

Electronic Readerboard.

A changeable message sign consisting of a matrix of lamps which are computer controlled.

Exposed Neon.

Neon tubing used for lighting in signs and other building identification such as raceways and accent lighting.

Exposed Raceway.

Visible tube or box behind a wall sign used to house electrical wiring for the wall sign.

Flashing Sign.

An illuminated sign which contains an intermittent or sequential flashing light source or any other such means to attract attention. This definition is not intended to include "changeable copy signs" or "animated signs."

Freestanding Sign.

A sign permanently attached to the ground and which does not have a building as its primary structural support. This includes ground signs, pole signs and monument signs.

Grand Opening.

A promotional activity not exceeding 90 calendar days used by newly established businesses to inform the public of their location and services.

Ground Sign.

See Freestanding Sign.

Illegal Sign.

A sign which was erected without obtaining a permit as required by this chapter, that does not meet the requirements of the ordinance codified in this title, or has not received legal nonconforming status.

Incidental Sign.

A small sign pertaining to goods, products, services or facilities which are available on the premises where the sign occurs and intended primarily for the convenience of the public.

Indirect Illumination.

A light cast on the surface of a sign from an exterior source.

Industrial Center.

Any site containing three or more industrial activities.

Integrated Development.

A development or site comprised of one or more parcels served by common accessways, driveways, parking and landscaping.

Interior Illumination.

Any sign face which is artificially lit from the inside.

Item of Information.

Each word, design, symbol, or figure.

Limited Sign Permit.

A permit approved by the Director that permits a temporary sign used to advertise a short-term special activity or sale, i.e., grand opening, under new ownership, fall sale, etc., and maintenance or modification to the face or copy of a nonconforming sign to extend a use of the sign for a time period deemed appropriate by the Director, but not to exceed two years.

Logo.

A trademark or company name symbol.

Mansard.

A sloped roof or roof-like facade.

Marquee.

See Canopy.

Monument Sign.

A freestanding sign with a solid base.

Moving Sign.

Any sign or device which has any visible moving part, visible revolving part, or visible mechanical movement.

Name Plate Sign.

An attached sign which designates the names and/or address of a business, and/or the words "entrance" or "exit."

Non-commercial Sign.

A sign that does not have a message that is commercial in nature, such as, but not limited to, signs that are political in nature, social issues, religious messages, beliefs, candidates, or other non-commercial content. Non-commercial signs do not include:

Signs that promote the sale, lease or exchange of goods, services, or property.

Signs that identify or attract attention to any place which sells, leases, or exchanges goods, services or property.

Signs that identify or attract attention to any club, nonprofit facility, governmental office or facility, or other such place where a person, group of persons, or organization is engaged in any activity involving interaction with the general public or a significant portion thereof, whether for income purposes or not.

"Non-commercial Sign" does not include Directional Signs or Construction Signs as defined in this Section.

Nonconforming Sign.

A sign which was erected legally but does not comply with provisions of the current sign ordinance.

Off-Site Sign.

Any sign which advertises goods, products, services or facilities not sold, produced, manufactured or furnished on the premises on which the sign is located. These signs are also known as outdoor advertising, billboards, and poster panels.

On-Site Sign.

A sign which pertains to the use(s) of the site on which it is located.

Open House Sign.

A sign which identifies a building for sale or lease which is open and available for inspection.

Planned Sign Program.

A required component for certain sign permits that incorporates coordinated and quality sign design elements and is reviewed and approved by the Director.

Point of Purchase Display.

Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser.

Pole Sign.

See Freestanding Sign.

Portable Sign.

Any sign not permanently attached to the ground or a building.

Projecting Sign.

A sign which is attached to and projects from the wall of the building more than 18 inches and which has its display surface perpendicular to such wall, to the structure to which it is attached.

Promotional Activity Sign.

A temporary sign used to advertise a short-term special activity or sale, i.e., grand opening, under new ownership, fall sale, etc.

Public Access Signage.

Signage that directs the general public to the coast or sea and/or public amenities available for general public use.

Public right-of-way

shall mean the area across, along, beneath, in, on, over, under, upon, and within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, streets, and ways within the City, as they now exist or hereafter will exist.

Public Service Information Sign.

Any sign intended primarily to promote items of general interest to the community such as time, temperature, date, atmospheric conditions, news or traffic control, etc.

Real Estate Sign.

Any temporary sign indicating that the premises on which the sign is located is for sale, lease or rent.

Roof Sign.

An attached sign constructed upon or over a roof, or placed so as to extend above the visible roofline; or a freestanding sign which is greater in height than the building it serves to identify.

Rotating Sign.

Any sign or portion thereof which physically revolves about an axis.

Sign.

Any medium for visual communication, including its structure and component parts, which is used or intended to be used to attract attention.

Sign Code Exception.

A deviation to some of the specifications set forth in this chapter that is approved by the Director.

Sign Copy.

Any words, letters, numbers, figures, designs or other symbolic representation incorporated into a sign for the purpose of attracting attention.

Sign Height.

Measurement from the adjacent sidewalk or curb to the highest portion of the sign, including architectural elements.

Site.

One or more parcels of land identified by the assessor's records where an integrated building development has been approved or proposed. The site shall include all parcels of land contained within or a part of the development application.

Site Frontage.

The length of a lot or parcel of land along or fronting a street.

Special Events Sign.

A temporary sign advertising or pertaining to any civic, patriotic, or special event of a general public interest taking place within the City.

Subdivision Directional Sign.

A sign providing direction to a land development project pursuant to this chapter.

Supergraphic.

A painted design which covers an area greater than 10% of a wall, building facade, or other structure.

Temporary Sign.

A sign which is installed for a limited time and is not constructed or intended for long-term use.

Temporary Window Sign.

A sign painted or constructed of paper or other lightweight material and affixed to the interior or exterior side of a window or glass area on a building for a limited time.

Wall Sign.

Any sign which is attached or erected on the exterior, posted, or painted or suspended from or otherwise affixed to a wall of a building including the parapet, with the display surface of the sign parallel to the building wall, and which does not project more than 18 inches from the building, or project above the height of the wall or parapet.

Window Sign.

A sign in which the name, address, phone number, or hours of operation are applied directly to the window of a business, or a sign visible through the window from the street.

(3334-6/97, 3360-12/97, 3826-4/09, 4047-5/15)

§ 233.30 Message Substitution.

The owner of any sign which is otherwise allowed by this Chapter may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring any particular non-commercial message over any other non-commercial message.

(4047-5/15)

§ 234.02 Applicability.

All findings required for removal of the MHP overlay zone shall also be applied to requests for rezoning existing RMP districts to different zoning districts, and for any change of use as hereinafter defined.

All findings required for removal of the MHP overlay, rezoning from RMP or change in use shall be required for all property upon which a mobile home park then exists, or upon which a mobile home park existed at any time within the preceding five years.

§ 234.04 Definitions.

Words and phrases whenever used in this chapter shall be construed as defined herein unless from the context a different meaning is intended and more particularly directed to the use of such words and phrases.

Affordable Unit.

A unit that is sold to and occupied by a low or moderate income household. Affordable unit shall also mean a rental unit for which the monthly payment does not exceed 25% of the household's gross income for low income households or 30% of the household's gross income for moderate income households.

Applicant.

The person, firm, corporation, partnership, or other entity having leasehold interest or fee ownership in the operation of a mobile home park.

Change of Use.

Use of the park for a purpose other than the rental or the holding out for rent of two or more mobile home sites to accommodate mobile homes used for human habitation, and shall not mean the adoption, amendment, or repeal of a park rule or regulation. "Change of use" may affect an entire park or any portion thereof, and such "change of use" shall include, but is not limited to, a change of a park or any portion thereof to a condominium, stock cooperative, planned unit development, commercial use, industrial use, or vacant land.

Eligible Owner.

Any mobile home owner owning a mobile home in a park at the time of issuance of the notice of intent to change use, but shall not include any mobile home owner who is renting his/her unit to another party at such time.

Manufactured Home.

Shall mean the same as mobile home as used in this chapter.

Market Rate Unit.

A residential unit that is sold on the open market without constraints imposed on the sales price, rental rate, or buyer qualifications.

Mobile Home.

A structure designed for human habitation and for being moved on a street or highway under permit pursuant to the California Vehicle Code Section 35790. Mobile home does not include a recreational vehicle, as defined in the California Civil Code Section 799.24, or a commercial coach, as defined in Health and Safety Code Section 18218.

Mobile Home Park.

An area of land where two or more mobile home sites are rented, or held out for rent, to accommodate mobile homes used for human habitation. Mobile home park shall not include a mobile home subdivision of stock cooperative.

Mobile Home Space.

Any area, tract of land, site, lot, pad or portion of a mobile home park designated or used for the occupancy of one mobile home.

Notice of Intent to Change Use.

Notification as required by California Civil Code Section 798.56(g)(2).

Senior Citizen Unit.

A residential unit which meets the standards for an affordable unit which is situated in a project that is designed to accommodate senior citizens through special financing programs and/or modified development standards.

(3595-1/03, 3689-12/04)

§ 234.06 Removal of MHP Overlay or RMP Zone or Change of Use.

The City Council shall not approve a zone change for any parcel when such change would have the effect of removing the MHP or RMP designation from that property, or approve a change of use unless the following findings have been made:

That all applicable requirements as set forth in California Government Code Section 66427.4, or 65863.7, whichever is applicable, have been completed.

That the proposed zoning is consistent with the General Plan of the City of Huntington Beach and all elements thereof; and for projects located within the coastal zone that the proposed zoning is consistent with the Land Use Plan portion of the Local Coastal Program.

That the proposed change of land use will not have an adverse effect upon the goals and policies for provision of adequate housing for all economic segments of the community, as set forth in the Housing Element of the Huntington Beach General Plan.

That the property which is the subject of the zone change would be more appropriately developed in accordance with uses permitted by the underlying zoning, or proposed zoning.

That a notice of intent to change the use of a mobile home park and relocate mobile home owners was delivered to such owners and to the Department of Community Development at least 18 months prior to the date the mobile home owner is required to vacate the premises.

The zone change shall not become effective unless a Local Coastal Program amendment is effectively certified by the Coastal Commission.

(3334-6/97, 3595-1/03)

§ 234.08 Mitigation of Adverse Impacts and Reasonable Costs of Relocation-Relocation Assistance Plan.

Consistent with California Government Code Section 65863.7(e), the applicant shall take steps to mitigate the adverse impact of the conversion, closure or cessation of use on the ability of displaced mobile home park residents to find adequate housing in a mobile home park. These required steps shall not exceed the reasonable cost of relocation as detailed in paragraph 1 of this subsection.

Relocation Costs. All eligible mobile home owners shall be entitled to receive the cost of relocation. As used in this section, the reasonable costs of relocation shall include the cost of relocating displaced homeowners' mobile/manufactured home, accessories and possessions to comparable mobile/manufactured home park within 20 miles of its existing location, including costs of disassembly, removal, transportation, and reinstallation of the mobile/manufactured home and accessories at the new site, and replacement or reconstruction of blocks, skirting, siding, porches, decks, awnings or earthquake bracing if necessitated by relocation; reasonable living expenses of displaced park residents from the date of actual displacement until the date of occupancy at the new site; payment of any security deposit required at the new site; and the difference between the rent paid in the existing park and any higher rent at the new site for the first 12 months of the relocated tenancy.

Mobile Home Purchase. If the mobile home cannot be relocated to a comparable mobile/manufactured home park within 20 miles of its existing location, and the homeowner has elected to sell his or her mobile/manufactured home, the reasonable costs of relocation shall include the cost of purchasing the mobile/manufactured home of a displaced homeowner, including any optional equipment and/or tag-a-longs and expando rooms at its in-place value. Such value shall be determined after consideration of relevant factors, including the value of the mobile/manufactured home in its current location, assuming the continuation of the mobile/manufactured home park in a safe, sanitary and well maintained condition and not considering the effect of the change of use on the value of the mobile/manufactured home, but at no time shall the value of the mobile/manufactured home be less than the replacement cost of a new home of similar size and square footage.

Extensions of Time—In-Park Relocation.

The applicant may grant one six-month extension to the length of time given to the mobile home owners in the notice of intent to change use by notifying the mobile home owners of such extension at least four months prior to the date specified in such notice. The extension shall be granted for no more and no less than six months.

An applicant may, with the consent of the mobile home owner, transfer a mobile home unit to another space in the park. Such transfer shall not constitute permanent relocation, and the cost of all such moves shall be borne by the applicant, including reasonable living expenses of the residents from the date of actual displacement until the date of occupancy at the new site. All damages to the home incurred during the relocation shall be immediately repaired or replaced by the applicant.

In order to facilitate the intentions of the mobile home owners and an applicant for a change of use with regard to a change of use, the parties may agree to mutually satisfactory relocation assistance. To be valid, such an agreement shall be in writing, shall include a provision stating that the mobile home owner is aware of the provisions of this chapter, shall include a copy of this chapter as an attachment, shall include a provision in at least 10-point type which clearly states the right to seek and the importance of obtaining an attorney's advice prior to signing the agreement, and shall be drafted in form and content otherwise required by applicable state law. No mobile home owner signing a relocation assistance agreement provided for in this subsection may contest the adequacy of the conversion impact report at the hearing on such report. Any mobile home owner signing such an agreement may rescind it in writing within 10 days of signing it. Any such agreement which is procured by fraud, misrepresentation, coercion or duress, of any kind, shall be void and unenforceable.

No benefits shall be provided to any person who is renting a mobile home from the park owner (who owns the mobile home) where such tenant shall have executed a written agreement with such park owner waiving his or her rights to any such benefits. No such waiver shall be valid, unless it contains the text of this section, and unless such tenant shall have executed a written acknowledgment that he or she has read and understands his or her rights pursuant to this chapter and knowingly agrees to waive them.

No waiver by an eligible mobile home owner of any of his/her rights pursuant to this section shall be valid or effective for any purpose except with regard to a relocation assistance agreement as provided in subsection C of this section.

Alternative Housing. If the mobile home owner cannot be relocated in accordance with the procedures contained herein, the applicant has the option of making available suitable, and acceptable, alternative housing, together with compensation, to such mobile home owner.

Where alternative housing is proposed, it shall be available in the following categories:

Senior citizen housing;

Affordable housing; and

Market rate housing.

Compensation Appeals. Appeals from the amount of compensation to be given a mobile home owner shall be filed with the applicant within 30 days after the mobile home owner has notice of the amount he/she is to receive. The applicant shall acknowledge any appeal within 30 days, and if an agreement cannot be reached, the matter shall be referred to a professional arbitrator.

Purchase Rights. The mobile home owners shall receive written guarantee of first-right-of-refusal to purchase units if the development which replaces the mobile home park is to be residential in whole or in part.

Miscellaneous. That the applicant has complied with all applicable City ordinances and state regulations in effect at the time the relocation assistance plan was approved.

That the applicant has complied with the conditions of approval, including the following items:

Mobile home owners will not be forced to relocate prior to the end of their leases.

Mobile home owners have been given the right to terminate their leases upon approval of the relocation assistance plan.

Demolition or construction will not occur until the relocation assistance plan is approved and the 18-month notification period has expired.

(3689-12/04)

§ 234.09 Application for Exemption from Relocation Assistance Obligations.

Any person who files an application for change of use of a mobile home park may, simultaneous with such application, file an application for total or partial exemption from the obligation to provide relocation assistance.

If such application is filed, notice of such application, with the information contained therein, and distribution thereof to the owners and residents of the mobile home park shall be provided with the application for change of use.

Any such application shall state that it is made on either or both of the following bases:

That provision for relocation assistance would eliminate substantially all reasonable use or economic value of the property. Such basis may only be established if it is demonstrated that the imposition of such obligations would eliminate the reasonable use or economic value of the property for alternate uses, and that continued use of the property as a mobile home park would eliminate substantially all reasonable use or economic value of the property for reasons not caused or contributed by the park owner or applicant.

That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobile home park is necessary, and that such court has taken further action which would prohibit or preclude payment of relocation assistance benefits, in whole or in part.

Any such application made pursuant to subsection (C)(1) shall contain, at a minimum, the following information:

Statements of profit and loss from the operations of the mobile home park for the most recent five-year period of the date of the application or request, certified by a certified public accountant. All such statements shall be maintained in confidence as permitted by the California Public Records Act.

If the applicant contends that continued use of the property as a mobile home park necessitates repairs or improvements or both, that are not the result of the park owner or applicant's negligent failure to properly maintain said property, and that the costs thereof makes continuation of the park economically infeasible, a statement made under penalty of perjury by a general contractor licensed as such pursuant to the laws of the State of California certifying that such contractor has thoroughly inspected the entire mobile home park; that such contractor has determined that certain repairs and improvements must be made to the park to maintain the park in decent, safe and sanitary condition, and that those certain repairs are not the result of the park owner or applicant's negligent failure to properly maintain said property; the minimum period of time in which such improvements or repairs must be made; and itemized statement of such improvements and repairs; and the estimated cost thereof of repairs and improvements, if any, due to deferred maintenance separately identified. The applicant shall also submit a statement verified by a certified public accountant as to the necessary increase in rental rates of mobile home spaces within the park within the next five years necessary to pay for such repairs or improvements that are not the result of the park owner or applicant's negligent failure to properly maintain said property. If the Director requires an analysis of the information submitted by the general contractor, the Director may procure services of another such licensed general contractor to provide such written analysis, and the cost thereof shall be billed to and payment therefor shall be required from the applicant.

The estimated total cost of relocation assistance which would otherwise be required to be provided pursuant to this chapter, which shall be based upon documented surveys, included with the application, of the available mobile home spaces within 20 miles of the mobile home park, residents of the park who are willing to relocate and those who would elect to sell their mobile homes, and the value of the mobile homes in the park.

An estimate of the value of the mobile home park by a qualified real estate appraiser if the park were permitted to be developed for the change of use proposed in the application for redevelopment of the park, and an estimate of the value of such park by such appraiser if use of the property as a mobile home park is continued.

Such other information which the applicant believes to be pertinent, or which may be required by the Director.

Any such application filed pursuant to subsection (C)(2) of this section shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders, and decrees of such court.

(3689-12/04)

§ 234.10 Acceptance of Reports.

The final form of the impact of conversion report and relocation assistance plan will be as approved by the Planning Commission. The reports, if acceptable, shall remain on file with the Director for review by any interested persons. Each of the mobile home owners shall be given written notification within 10 days of approval of the relocation assistance plan.

§ 234.12 Actions of Planning Commission.

At the conclusion of its hearing, noticed as provided in this Code, the Planning Commission shall approve, conditionally approve, or deny said impact of conversion report and relocation assistance plan pursuant to the provisions of this article, and such decision shall be supported by a resolution of the Planning Commission, setting forth its findings.

§ 234.14 Fees Required.

Each impact report and relocation assistance plan submitted shall be accompanied by a fee established by resolution of the City Council.

§ 235.02 Definitions.

The following definitions shall apply to the provisions of this chapter except where the context indicates otherwise. General definitions are contained in Chapter 203.

Affordable Unit.

A residential unit, sold to or occupied by a tenant earning up to 100% of Orange County's gross median income, as determined by the County of Orange, and shall include any subsequent change in such income range, adopted by the Housing Agency of Orange County.

Applicant.

The owner, developer, subdivider or authorized agent of a project.

Date of Approval.

The date the Zoning Administrator, Planning Commission, or City Council on appeal, approves the conditional use permit and tentative subdivision or parcel map applications. However, if the project is located in appealable area of the coastal zone and includes action on a Coastal Development Permit, Section 248.30 shall apply.

Date of Conversion.

The date a final map for a project was approved by the City Council or parcel map for a project was approved by the City Engineer.

Project.

An existing apartment house, apartment complex, apartment hotel, hotel, multiple dwelling or group dwelling proposed for conversion to a condominium, community apartment, or stock cooperative.

Tenant.

One or more persons.

(3334-6/97, 3657-9/04)

§ 235.04 Permits Required.

In addition to the applicable requirements and procedures set forth in Title 25, Subdivisions, conversions of existing rental housing to condominiums, community apartments, stock cooperatives and any other subdivision which is a conversion of existing rental housing shall be subject to the additional requirements of this chapter. Conversions shall be subject to conditional use permit approval by the Planning Commission pursuant to Chapter 241. Within the coastal zone, a Coastal Development Permit shall also be required.

Exception for apartments and stock cooperatives with two to four units on a parcel that were sold as condominium units without approval of a conditional use permit and tentative parcel map prior to June 1, 2004: the provisions of Title 25, Subdivisions, and only Sections 235.02, 235.04, 235.06(B), 235.08(A) through (C), and 235.16 herein shall apply. A conditional use permit subject to approval by the Zoning Administrator shall be required. In addition, an inspection by a City of Huntington Beach Building and Safety Inspector shall be required to verify compliance with the minimum construction standards of Section 235.08(A) and to determine if there are any obvious health and safety code violations.

Conversion of lower or moderate-income rental housing developed with federal, state or local assistance shall not be permitted. Within the coastal zone no visitor serving use, including hotel use, shall be converted to condominium, community apartment, stock cooperative, or time share.

(3334-6/97, 3657-9/04)

§ 235.06 Required Reports and Information.

In addition to the conditional use permit, Coastal Development Permit (where applicable), and tentative map applications, the applicant shall submit the reports and/or information required by this section. The cost of all reports shall be paid by the applicant. The reports shall include information on what improvements, if any, shall be accomplished by the developer and when such improvements shall be completed. All improvements cited in the reports, whether required or voluntary, shall be considered conditions of approval.

Physical Elements Report. A report on the physical elements of all structures and facilities shall be submitted, containing the following:

A report by a California licensed structural engineer, civil engineer or architect, describing in detail the structural condition, any evidence of soils problems, code violations, useful life, and any apparent deferred maintenance of all elements of the property, including, but not limited to, foundations, electricity, plumbing, utilities, walls, ceilings, windows, frames, recreational facilities, sound transmissions of each building, mechanical equipment, parking facilities, and drainage facilities. Such report also shall describe the condition of refuse disposal facilities; swimming pools, saunas, and fountains; stone and brickwork; fireplaces; and exterior lighting. The level of compliance with the standards listed in Section 235.08(A) shall also be described in detail.

A report by a California licensed mechanical contractor detailing the age, condition, size, and the cost of replacement for each appliance and mechanical equipment for heating and cooling. The report shall identify any defective or unsafe appliances and set forth the proposed corrective measures to be employed.

A report by a California licensed structural termite and pest control specialist certifying whether or not all attached or detached structures are free of infestation and structural damage caused by pests and dry rot. The report shall describe what procedures would be necessary to eliminate infestation or damage, if present. Any infestation shall be remedied prior to sale.

A report by a California licensed painting contractor verifying the condition of the painting throughout the project, including building interior and exterior surfaces and an estimate of the remaining physical life of the paint. A statement that new paint (minimum 20-year warranty) will be applied on all building interior and exterior surfaces may take the place of such report. Such statement shall include the brand name of the paint and the exterior colors to be used.

A report by a California licensed roofing contractor verifying the condition of the roofs of all structures and an estimate of the remaining physical life of the roofs and the cost of replacement. A statement that new roof material will be applied may take the place of such report. Such statement shall include the specifications of the proposed roofing material.

Covenants, Conditions and Restrictions. A declaration of the covenants, conditions, restrictions, and rules and regulations which would be applied on behalf of any and all owners of condominium units within the project shall be submitted. The declaration shall include, but not be limited to the conveyance of units; the assignment of parking and storage areas; and an agreement for common area maintenance, together with an estimate of any initial assessment fees anticipated for such maintenance, and an indication of appropriate responsibilities for the maintenance of all utility lines and services for each unit. The CCRs shall be approved as to form by the City Attorney and recorded in the office of the County Recorder.

Conversion Plan. Specific information concerning the demographic and financial characteristics of the project shall be submitted, including, but not limited to, the following:

The date of construction of all elements of the project, and the date and description of each major repair or renovation of any structure or structural element, since the date of construction. For purposes of this subsection, "major repair" shall mean any repair for which an expenditure of more than $5,000.00 was made.

A statement of a major use of said project since construction.

A statement regarding current ownership of all improvements and the underlying land.

The square footage and number of rooms in each unit.

The rental rate history for each type of unit for the previous two years.

The monthly vacancy rate for each month during the preceding two years.

A complete list of the number of tenants and tenant households in the project, including the following information:

Households with persons 62 years or older;

The family size of households, including a breakdown of households with children five years and younger; and between five and 18 years;

Households with handicapped persons;

The length of residence;

The designation of low-and moderate-income households and whether any are receiving federal or state rent subsidies.

When the subdivider can demonstrate that demographic information is not available, this requirement may be modified by the Director.

The proposed price of each of the units.

The proposed homeowners' association budget, detailed to include fixed costs, operating costs, reserves, administration, and contingencies.

10.

A statement of intent as to the types of financing programs to be made available, including any incentive programs for existing residents.

11.

The method to be implemented to ensure availability of affordable units to tenants.

12.

Signed copies from each tenant of the notice of intent to convert, as specified in this chapter. The applicant shall submit evidence that a certified letter of notification was sent to each tenant for whom a signed copy of such notice is not submitted.

Vacancy Rate Analysis. A citywide vacancy rate analysis for multiple-family rental units for the past 12 months shall be submitted.

Acceptance of Reports. The final form of the physical structure elements report, conversion plan, and other documents shall be approved by the Planning Commission. The reports in their acceptable form shall remain on file with the department for review by any interested person.

(3334-6/97, 3657-9/04)

§ 235.08 Condominium Conversion Standards.

Minimum Construction Standards. The project shall be brought into compliance with the minimum construction standards as listed below unless the Building Official approves an alternate method of construction. Prior to recordation of the final map or parcel map, applicable building permits shall be obtained, constructed and receive final inspection approval for all issues identified in this section and for any health and safety code violations.

For all structures built prior to February 1, 1985, draft stops shall be installed in attics to create horizontal areas that are 3,000 square feet or less. For all structures built after February 1, 1985, draft stops shall be in attics above and in line with the walls separating individual units.

Each unit shall have access to the electrical branch circuits that serve the unit.

Smoke detectors shall be installed and operating. All existing hard-wired units shall be in working order and the remaining detectors shall be located per currently adopted code and may be battery or hard-wired operated.

Ground Fault Circuit Interrupter (GFCI) protection shall be provided where required by the currently adopted electric code.

Compliance with Zoning Provisions. The project shall comply with the parking requirements of Chapter 231, and landscape improvements shall comply with Chapter 232. For apartments and stock cooperatives with two to four units on a parcel that were sold as condominium units without approval of a conditional use permit and tentative parcel map prior to June 1, 2004, a reduction in these development standards may be granted when an applicant agrees to pay an affordable housing in-lieu fee to off-set the loss of affordable rental housing stock. The fee shall be paid according to a resolution adopted by City Council.

Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the Planning Commission (or Zoning Administrator for exempted units as defined in Section 235.04) shall be refurbished and restored as appropriate for a high standard of appearance, quality, and safety.

Affordable Housing. Where a project consists of three units or more, the applicant shall agree to sell or rent at affordable prices 25% of the total units to low-and moderate-income households, with a minimum of 20% of the affordable units affordable to low-income households for a period of 60 years. If the units are to be made available for purchase, the maximum sales price of units intended for low-or moderate-income households shall not exceed 2.5 times the annual median income for such households as defined by the California Health and Safety Code, Section 50093. Resale controls shall be included as a deed restriction. If the units are to be for rent, the maximum rent allowed shall keep the units within the low-or moderate-income housing stock.

(3657-9/04)

§ 235.10 Tenant Benefits and Notification.

Notices of Intent. Applicants for condominium conversions shall give notice of intent to convert to existing tenants and prospective tenants as required by Sections 66452.8 and 66452.9 of the California Government Code. The notice of intent shall be posted on-site in at least one location readily visible to tenants.

Notices of Public Hearing and Decisions.

The department shall notify the residents of the public hearing not less than 10 days prior to the proposed hearing date on the application. The notice shall include notification of the tenant's right to appear and be heard. The department shall notify the residents of the decision of the Planning Commission within 10 days and shall include a copy of all conditions imposed on the project. The list of names and addresses of the residents of each unit in the conversion project shall be current as of the day of submittal and shall be certified as such by the applicant. Service shall be by mail at the expense of the applicant.

Final Map or Parcel Map Approval. The applicant shall give written notification to each tenant within 10 days of approval of the final map or parcel map. The applicant shall also provide notice of application for public report, as issued by the California State Department of Real Estate, which shall be available on request.

Tenants' Discounts. Any present tenant of any unit at the time of an application for conversion shall be given a nontransferable right of first refusal to purchase the unit occupied at a discount of the price offered to the general public. The amount of the discount shall be based on the longevity of each tenant, and shall be ratified by the applicant at the time of conversion.

Vacation of Units. Each non-purchasing tenant, not in default under the obligations of the rental agreement or lease under which the subject unit is occupied, shall have not less than 120 days after the date of the tentative map approval by the City or until the expiration of the tenant's lease to find substitute housing and to relocate. Tenants shall be permitted to terminate leases or tenancy with one month's notice at any time after a conversion application.

No Increase in Rent. A tenant's rent shall not be increased within two months prior to a project application, nor shall the rent be increased for two years from the time of the filing of the project application or until relocation takes place. In addition, all non-purchasing tenants 62 years old or older and all non-purchasing medically-proven permanently disabled tenants shall receive a lifetime lease. Rents for such tenants shall not be increased for two years after the filing of the project application.

Moving Expenses. The applicant shall provide moving expenses equal to three times the monthly rent to any tenant, in compliance with all the terms of the subject lease and/or financing, who relocates from the building to be converted after City approval of the use permit authorizing conversion of the units. When the tenant has given notice of his intent to move prior to City approval of the use permit, eligibility to receive moving expenses shall be forfeited.

Relocation Assistance. Relocation assistance shall be provided by the applicant to non-purchasing tenants for a minimum period of four months following the tentative map approval. Information on available rental units in the same general area with costs comparable to the preconverted apartments shall be provided by the applicant on a calendar quarterly basis. Copies of the list shall be posted on-site, dated, and provided to the department. The following non-purchasing tenants shall receive a minimum of 12 months' relocation time, measured from the tentative map approval, to find replacement housing:

Tenants with low or moderate incomes; and

Tenants with minor children in school.

Discrimination. No discrimination in the sale of any unit shall be based on race, color, creed, national origin, sex, or age, and a statement to this effect shall be included in the covenants, conditions, and restrictions. Projects created exclusively for the purpose of providing senior citizen housing shall be exempted from this requirement.

(3657-9/04)

§ 235.12 Effect of Proposed Conversions on the City's Low- and Moderate-Income Housing Supply.

In reviewing requests for the conversion of existing apartments to condominiums, the Planning Commission (or Zoning Administrator for exempted units as defined in Section 235.04) shall consider the following:

Whether displacement of tenants, if the conversion is approved, would be detrimental to the health, safety, or general welfare of the community;

The role the rental units play in the existing housing rental market and whether they serve low-and moderate-income households; and

The need and demand for lower-cost home ownership opportunities which are increased by the conversion of apartments to condominiums.

(3657-9/04)

§ 235.14 Bonus for Including Low-and Moderate-Income Housing.

Consistent with the requirements of Section 65915.5 of the California Government Code, the City shall offer a density bonus or other incentives of equivalent financial value to condominium conversions including low- or moderate-income housing units or lower-income household units. When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33% of the total units of the proposed condominium project to persons of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, or 15% of the total units to lower-income households, as defined in Section 50079.5 of the California Health and Safety Code, the Planning Commission shall either (1) grant a 25% density bonus or (2) provide other incentives of equivalent financial value. Any density bonus or other incentives of equivalent financial value provided under this section shall be governed by the requirements of Section 235.08.

For purposes of this section, "density bonus" means an increase in units of 25% over the number of apartments permitted and provided within the existing structure or structures proposed for conversion. "Other incentives of equivalent financial value" shall not be construed to require the City to make any cash transfer payments or other monetary compensation to the applicant, but may include the reduction or waiver of any required fees for the condominium conversion standards prescribed in Section 235.08.

No applications for a density bonus shall be accepted if the apartments proposed for conversion constitute a housing development for which a density bonus was provided under the provisions of Section 230.14.

(3657-9/04)

§ 235.16 Findings.

The Planning Commission (or Zoning Administrator for exempted units as defined in Section 235.04) may approve an application for a condominium conversion if it finds that the proposed conversion meets the following requirements:

That all the provisions of the Subdivision Map Act, this chapter, and other applicable provisions of this title are met; and

That the proposed conversion is consistent with the General Plan and any applicable specific plan; and

That the proposed conversion will conform to the provisions of this ordinance in effect at the time of the project approval, except as otherwise provided in this chapter; and

That the overall design and physical condition of the condominium conversion achieves a high standard of appearance, quality, and safety; and

That either (1) the proposed conversion will not displace a significant percentage of low- or moderate-income, permanently or totally disabled, or senior citizen tenants or delete a significant number of low- and moderate-income rental units from the City's housing stock at a time when no equivalent housing is readily available in the Huntington Beach area, or (2) the applicant agrees to pay an affordable housing in-lieu fee pursuant to Section 235.08(B); and

That the dwelling units to be converted have been constructed and used as rental units for at least five years prior to the application for conversion; and

That the applicant has not engaged in coercive, retaliatory action regarding tenants after the submittal of the first application for City review through the date of approval; and

That either (1) the project is not located within the coastal zone, or (2) the project is located within the coastal zone and the existing use to be converted is not a visitor serving use (including hotels).

(3334-6/97, 3657-9/04)

§ 236.02 General Provisions.

A nonconforming structure or use shall not be enlarged, increased or intensified except as provided in this chapter. If any such use ceases, the subsequent use of such land, structure or building site shall be in conformance with the regulations specified by this Code.

A nonconforming use shall not be resumed, reestablished, or reopened after it has been abandoned, discontinued or changed to a conforming use.

A nonconforming use shall be deemed to be discontinued or abandoned when such use has ceased to operate or to exist for a period of six months.

A nonconforming use which is not housed in any structure, but occupies a lot or portion of a lot, shall not be enlarged or extended to any other portion of the lot or any other lot not so occupied at the time the use became classified as nonconforming.

A nonconforming use occupying either a conforming structure or nonconforming structure or portion thereof shall not be extended to any portion of the structure not so occupied at the time the use became nonconforming.

(3254-11/94)

§ 236.04 Destruction of a Nonconforming Structure or Use.

These provisions shall govern reconstruction of the nonconforming structures and/or uses listed below after such structure or use is destroyed by fire, explosion, act of nature or act of the public enemy by the percentage of value specified.

Nonconforming structures and nonconforming uses destroyed 50% or less of the value prior to damage may be completely rebuilt.

Nonconforming residential uses consisting of 10 or less units destroyed more than 50% of the value may be completely rebuilt.

Nonconforming residential uses consisting of more than 10 units destroyed more than 50% of the value may be completely rebuilt subject to conditional use permit approval by the Planning Commission provided current requirements for setback and parking are met.

(3254-11/94)

§ 236.06 Alterations to a Nonconforming Structure or Use.

Interior alterations and/or repairs may be made which do not enlarge the square footage or increase the height of a nonconforming use. Reroofing for health and safety purposes may also be permitted.

A structure for a nonconforming use shall not be enlarged or altered on the exterior in any manner unless:

All aspects of the existing structure and the proposed addition are made to conform to applicable provisions of this Code, or

The Director permits such alteration subject to neighborhood notification pursuant to Chapter 241 and the following findings:

That the alteration is necessary to secure added safety or reduce the fire hazard or to improve the aesthetic appearance of the structure's architecture by bringing the design into greater conformance with the surrounding neighborhood.

That the alteration or addition will not increase the number of stories.

That the alterations will not cause the floor area to exceed more than 10% of the floor area the structure contained at the time the use became nonconforming.

Nonconforming structures may be altered or enlarged provided that the alteration or enlargement is in conformance with applicable provisions of Titles 21 and 22.

Additions to nonconforming structures proposed to be constructed at the existing nonconforming yard setbacks shall be subject to director approval and neighborhood notification pursuant to Chapter 241.

The area of enlargement to a nonconforming structure in any five-year period shall not exceed 50% of the area of the structure as it exists on the effective date of the ordinance codified in this chapter.

(3254-10/94, 3528A-2/02, 3679-12/04)

§ 236.08 Sex-Oriented Businesses.

Any sex-oriented business lawfully operating on the effective date of Ordinance No. 3378 that is in violation of Section 212.04 of this Code shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a period of three years with possible one-year extensions (maximum extensions of five years) to be granted by the Planning Commission only upon a convincing showing by the applicant of extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sex-oriented businesses are within 750 feet of one another and otherwise in a permissible location, the sex-oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is nonconforming.

A sex-oriented business lawfully operating as conforming use is not rendered a nonconforming use by the location, subsequent to the grant of a sex-oriented business zoning permit, of a building used for religious assembly, school, park and recreational facility or any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan within 500 feet of the sex-oriented business.

Any application for a building permit to operate a sex-oriented business in a location that is in violation of Section 212.04 that is filed prior to, but approved after the effective date of Ordinance No. 3378 shall be deemed a nonconforming use pursuant to subsection A of this section. Any such building permit shall be in effect subject to the applicable zoning regulations in effect prior to the effective date of Ordinance No. 3378.

(3378-2/98)

§ 237.02 Purpose.

The provisions of this chapter establish standards and procedures for projects developed pursuant to the regulations included in Senate Bill 9 (SB 9) in order to qualify for ministerial approval.

(4249-3/22; 4253-4/22; 4259-7/22)

§ 237.04 Definitions.

The following terms used in this chapter shall have the meanings indicated below:

"Gross floor area"

means the total enclosed area of a single-family residential duplex, measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading, consistent with Huntington Beach Zoning Code Section 203.06.

"Primary residence"

means the original dwelling on the property.

"Senate Bill 9 (SB 9)"

means a state law passed by the California State Senate and approved by the Governor on September 16, 2021. The legislation amends Government Code Section 66452.6 and adds Government Code Sections 65852.21 and 66411.7.

"Senate Bill 9 (SB 9) development project"

consists of an urban lot split or single-family residential duplex project approval pursuant to SB 9.

"Single-family residential duplex"

means a proposed housing development containing no more than two residential units on a single lot within an RL Low Density Residential District or other identified low density residential area located within a specific plan. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.

"Unit"

means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22.

"Urban lot split"

means a parcel map subdivision permitted pursuant to SB 9 that creates no more than two new parcels of approximately equal lot area, subject to the requirements of this chapter.

(4249-3/22; 4253-4/22; 4259-7/22)

§ 237.06 Applicability.

Notwithstanding any other provision of the Huntington Beach Municipal Code or Local Coastal Program, the provisions of this chapter shall apply to SB 9 development projects. Except as expressly provided in SB 9 or in this chapter, all other regulations of the underlying zone of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from the City of Huntington Beach Municipal Code and Local Coastal Program.

(4249-3/22; 4253-4/22; 4259-7/22)

§ 237.08 Ministerial Compliance Review Procedure.

Proposed SB 9 development projects shall be subject to ministerial review by the Community Development Department to determine whether the criteria for approval have been met. The applicant shall also obtain a building permit, in addition to any and all other permits required by the Code. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted, and with ministerial approval if all required criteria have been met.

Application Processing. Applicants are required to submit a General Planning Application, accompanied by a fee set by City Council resolution, and including submittal requirements designated by the Community Development Director. The applicant and the owner of a property, for which an SB 9 development project is sought, must provide a sworn statement affirming eligibility with SB 9 regulations.

Urban Lot Splits. In addition to the General Planning Application, an urban lot split shall require submittal of a tentative parcel map pursuant to Chapter 250. Urban lot splits shall be subject to all submittal requirements and findings for approval of a tentative parcel map pursuant to Title 25 and the Subdivision Map Act, except no public hearing shall be required for approval.

SB 9 Development Projects in the Coastal Zone. An application for any SB 9 development project in the coastal zone shall require submittal of a Coastal Development Permit pursuant to Chapter 245. SB 9 development projects shall be subject to the findings for approval of a coastal development permit and the noticing requirements in Chapter 245, except no public hearing shall be required for approval.

In the event that the property upon which the proposed SB 9 development project is located within a Homeowners Association ("HOA"), the applicant shall submit to the City written evidence of the HOA's approval of the proposed project concurrent with their application.

The City, at the applicant's expense, may conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement.

(4249-3/22; 4253-4/22; 4259-7/22)

§ 237.10 General Requirements.

A property owner seeking approval of an SB 9 development project shall comply with the following general requirements:

SB 9 and all objective requirements of other applicable state laws including the Subdivision Map Act.

The Municipal Code, including Title 17 (Buildings and Construction) and the Huntington Beach Zoning Code, except as expressly provided in SB 9 or in this chapter.

Execution and recording of a covenant, supplied by the City and subject to the approval of the City Attorney that contains the following provisions:

Non-residential uses on the site shall be prohibited;

The short term rental for periods less than 30 days of any units shall be prohibited;

Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited;

Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split;

Ongoing compliance with all SB 9 requirements and restrictions shall be required;

Access to the public right-of-way shall be maintained in perpetuity;

All required parking for existing units shall be maintained; and

For projects involving a lot split, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) shall be prohibited.

Existing Non-Conforming Structure or Use. SB 9 development projects shall not be located on any lot with an existing development that is non-conforming with respect to the City's current use or development standards without obtaining an approval pursuant to Chapter 236.

In addition to the foregoing, the City shall review each application for any other issues related to adequacy of water or sewer services, and/or the impact of the proposed SB 9 development project on traffic flow, or public safety. In the event that the City identifies a specific adverse issue with respect to adequate water/sewer, traffic flow, or public safety, the City may deny the application and/or require the applicant to submit an Administrative Permit.

(4249-3/22; 4253-4/22; 4259-7/22)

§ 237.12 Objective Development Standards.

All SB 9 development projects shall comply with the following objective standards. For any development standard not explicitly identified below, the requirements of the underlying zoning district shall apply, unless superseded by state law.

Maximum Unit Size. No unit constructed pursuant to SB 9 regulations shall have a gross floor area in excess of the following:

800 square feet and one bedroom for lot sizes of less than 10,000 square feet.

1,600 square feet and two bedrooms for lot sizes of 10,000 square feet or greater.

Maximum Height/Stories. No detached unit constructed pursuant to SB 9 regulations shall exceed 16 feet and/or exceed more than one story in height. For purposes of this chapter, a detached unit shall be any unit that does not share at least 50% of one common wall with another existing unit.

Setbacks.

Any units constructed pursuant to the provisions of SB 9 shall have a minimum four-foot setback from all side and rear lot lines.

Front setbacks shall be as required pursuant to Chapter 210.

No portion of any unit constructed pursuant to the provisions of SB 9, including, but not limited to, HVAC equipment, staircases, and patio covers, shall project into the required rear, side, or front yard setback.

No additional setbacks shall be required if a unit is constructed within the footprint of an existing structure on a lot.

Parking.

One enclosed or partially enclosed parking space is required for each unit created pursuant to SB 9, unless the parcel upon which the unit is created is within one-half mile walking distance of a high-quality transit corridor, as defined in Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3, or there is a car share vehicle located within one block of the project.

Except as provided herein, parking spaces shall comply with Chapter 231 of the Zoning Code.

Any garage that serves and is located within the same structure as an SB 9 development project may be permitted no closer than four feet from a side or rear property line, or shall otherwise conform to the applicable setbacks within the zoning district.

New driveways proposed for parcels created by SB 9 development projects on interior lots without alley access are limited to a maximum width of 10 feet if the proposed frontage of the new parcel is 30 feet or less.

Design of Unit.

Any unit constructed pursuant to the provisions of SB 9 shall be constructed upon a permanent foundation.

Any unit of an SB 9 development project shall include sufficient permanent provisions for living, sleeping, eating, cooking, and sanitation, including, but not limited to, washer dryer hookups and kitchen facilities.

Any unit of an SB 9 development project shall be connected to the public sewer, and that connection shall be subject to a connection fee, or capacity charge, or both.

Any unit of an SB 9 development project shall have separate utility connections and separate utility meters. Non-public utility electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights-of-way.

Any unit of an SB 9 development project shall be constructed with the same architectural style, color, roof pitch and materials as the existing residential dwelling. In addition, and except as provided in this section, all units shall be designed and sited to have the same architectural style, roof pitch, color, and materials.

All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material.

Any unit of an SB 9 development project shall include solar panels.

Any unit of an SB 9 development project shall not include roof decks or balconies above or upon the unit.

Refuse storage areas shall be enclosed or semi-enclosed in a structure or fenced area and concealed from view from adjacent public rights-of-way and located outside of required setbacks.

Additional Standards Relating to Projects in the Coastal Zone. In addition to the above, SB 9 development projects located within the coastal zone shall be designed and sited to:

Protect public access to and along the shoreline areas.

Protect public views to and along the ocean and scenic coastal areas.

Protect sensitive coastal resources.

Minimize and, where feasible, avoid shoreline hazards.

Affordable Rental Rate. Applicants that voluntarily provide SB 9 units rented or leased at a maximum rate affordable to low-income tenants, shall be eligible for additional square footage up to 1,600 square feet and two bedrooms and maximum height of two stories per unit. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement of any affordable unit constructed pursuant to this section.

Additional Standards Relating to Urban Lot Splits. In addition to the above, urban lot splits shall comply with the following standards:

No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a corner, or on a through lot. Provided however, that this provision shall not apply to through lots abutting arterial highways.

The width of any lot resulting from an urban lot split shall not be less than 20 feet wide.

The proposed parcel map shall demonstrate ability to access the public right-of-way in perpetuity.

Development of both lots shall occur concurrently with the urban lot split.

Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) shall be prohibited.

(4249-3/22; 4253-4/22; 4259-7/22)

§ 237.14 Exceptions.

The Community Development Director shall approve an exception to any of the standards specified in this chapter upon determining that complying with the standard would physically preclude the construction of up to two residential units per lot or would physically preclude either of the two residential units from being 800 square feet in floor area.

(4249-3/22; 4253-4/22; 4259-7/22)

§ 237.16 Denial.

The Community Development Director may deny an application for an SB 9 development project upon making both of the following findings in writing based on the preponderance of the evidence:

The proposal would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2).

There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(4249-3/22; 4253-4/22; 4259-7/22)

§ 237.18 Enforcement and Remedies.

Criminal Fines and Penalties. Any person responsible for violating any provision of this chapter is guilty of an infraction or a misdemeanor at the discretion of the City Attorney and/or district attorney. Upon conviction, the person shall be punished as prescribed in Chapter 1.16.

Administrative Fines and Penalties. Whenever an officer charged with the enforcement of any provision of this Code determines that a violation of this chapter has occurred, the officer shall have the authority to issue an administrative citation to any person responsible for the violation in accordance with Chapter 1.16.

Public Nuisance and Lien on Property. Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to Code of Civil Procedure Section 731 or any other remedy available at law. In accordance with Chapter 17.10, the City may also collect any fee, cost, or charge incurred in the abatement of such nuisance by making the amount of any unpaid fee, cost or charge a lien against the property that is the subject of the enforcement activity.

Civil Action. In addition to any other enforcement permitted by the City's Zoning and/or Municipal Codes, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this chapter. In any civil action that is brought pursuant to this chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

Revocation. Any violation of this chapter may result in revocation of SB 9 development project permit.

Use of any one or more of these remedies shall be at the sole discretion of the City and nothing in this section shall prevent the City from initiating civil, criminal or other legal or equitable proceedings as an alternative to any of the proceedings set forth above.

(4249-3/22; 4253-4/22; 4259-7/22)

§ 230.02 Applicability.

This chapter contains supplemental land use and development standards, other than parking and loading, landscaping and sign provisions, that are applicable to sites in all or several districts. These standards shall be applied as specified in Title 21, Base Districts; Title 22, Overlay Districts; and as presented in this chapter.

(4040-12/14)

§ 230.04 Front and Street Side Yards in Developed Areas.

Where lots comprising 60% of the frontage on a blockface in an R district are improved with buildings that do not conform to the front yard requirements, the Planning Commission may adopt by resolution a formula or procedure to modify the front and street side yard setback requirements. The Planning Commission also may modify the required yard depths where lot dimensions and topography justify deviations. Blocks with such special setback requirements shall be delineated on the zoning map. Within the coastal zone any such setback modifications adopted by the Planning Commission shall be consistent with the Local Coastal Program.

(3334-6/97, 4040-12/14)

§ 230.08 Accessory Structures.

For purposes of applying these provisions, accessory structures are inclusive of minor accessory structures, except where separate provisions are provided in this section.

Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction.

Location. Except as provided in this section, accessory structures shall not occupy a required front, side or street side yard or court. An accessory structure shall be set back five feet from the rear property line except no setback is required for accessory structures, excluding garages and carports, which abut an alley.

Minor accessory structures may be located within the front yard setback provided they do not exceed 42 inches in height. Minor accessory structures may be located in required side and rear yard setbacks provided:

The structure is located in the rear two-thirds of the lot;

A minimum five-foot clearance is maintained between said structure and the dwelling if it is located in a required side yard;

Minor accessory structures over eight-foot high shall be screened by a two-foot high lattice fence/wall extension above the six-foot high fence/wall to protect views from an adjacent property. The screening shall be provided by the property owner installing the minor accessory structure; and

Rock formations shall be set back one foot from the side and/or rear property lines for each foot of rock formation height, maximum five-foot setback required.

Maximum Height. Fifteen feet, except a detached garage for a single-family or multi- family dwelling may exceed the maximum height when it is designed to be architecturally compatible with the main dwelling and does not include habitable floor area.

Maximum Size in RL District. In an RL District, the total gross floor area of accessory structures, including garages, more than four feet in height that are not attached to a dwelling shall not exceed 600 square feet or 10% of lot area, whichever is more.

Patio Covers. A patio cover open on at least two sides and complying with all other provisions of this subsection may be attached to a principal structure or detached provided a five-foot clearance from the post/wall to side and rear property lines is maintained. A patio cover must comply with the minimum front yard setback.

Decks. A deck 30 inches or less in height may be located in a required yard.

Separation. The distance between buildings on the same lot shall not be less than 10 feet. The minimum separation between a detached solid patio cover post/wall and a building on the same lot is six feet. The minimum separation between a detached open lattice/trellis patio cover on a permanent foundation and building may be less than six feet. The minimum separation from eave to eave shall be one foot subject to building code requirements.

(3710-6/05, 4040-12/14; 4252-6/22, 4312-5/21/2024)

§ 230.10 Accessory Dwelling Units.

Permit Required. Accessory dwellings may be permitted in all R districts on lots with a single-family dwelling subject to director approval. Requests shall be submitted to the Director accompanied by the required Neighborhood Notification, plans and elevations showing the proposed accessory dwelling and its relation to the principal dwelling, descriptions of building materials, landscaping and exterior finishes to be used and parking to be provided, and any other information required by the Director to determine whether the proposed unit conforms to all requirements of this Code. The Director shall approve an accessory dwelling unit upon finding that the following conditions have been met:

The dwelling conforms to the design and development standards for accessory dwelling units established in subsection B of this section and subsection 230.22(A);

The accessory unit maintains the scale of adjoining residences and is compatible with the design of existing dwellings in the vicinity in terms of building materials, colors and exterior finishes;

The main dwelling or the accessory dwelling will be owner occupied; and

Public and utility services including emergency access are adequate to serve both dwellings.

Design and Development Standards.

Minimum Lot Size. 6,000 square feet.

Maximum Unit Size. The maximum square footage of the accessory dwelling unit shall not exceed 650 square feet and shall not contain more than one bedroom.

Required Setbacks. Accessory dwelling units shall comply with minimum setbacks of Chapter 210.

Height and Building Coverage. The basic requirements of Chapter 210 shall apply unless modified by an overlay district.

Parking. All parking spaces shall comply with Section 231.18(D).

Design. The accessory unit shall be attached to the main dwelling unit in such a manner as to create an architecturally unified whole, not resulting in any change to the visible character of the street. The entrance to the accessory unit shall not be visible from the street in front of the main dwelling unit. Building materials, colors and exterior finishes should be substantially the same as those on the existing dwelling.

Ownership. The second unit shall not be sold separately from the main dwelling unit.

Covenant. A covenant with the ownership requirements shall be filed for recordation with the County Recorder within 30 days of Community Development Department plan check approval and issuance of building permits. Evidence of such filing shall be submitted to the Director within 30 days of approval.

Parkland Dedication In-Lieu Fee. A parkland dedication in-lieu fee shall be assessed as set by resolution of the City Council pursuant to Section 230.20 and paid prior to issuance of the building permit.

(3334-6/97, 3710-6/05, 4040-12/14, 4096-10/16)

§ 230.12 Home Occupation in R Districts.

Permit Required. A home occupation in an R district shall require a business license. If the home occupation involves instruction and/or service, e.g., music lessons, beauty shop, swimming lessons or other similar uses as determined by the Director, then an administrative permit is required subject to Neighborhood Notification in compliance with Chapter 241. The Director shall approve the permit upon determining that the proposed home occupation complies with the requirements of this section.

Contents of Application. An application for a home occupation permit shall contain:

The name, street address, and telephone number of the applicant;

A complete description of the proposed home occupation, including number and occupation of persons employed or persons retained as independent contractors, amount of floor space occupied, provisions for storage of materials, and number and type of vehicles used.

For home occupations involving instruction and/or service, Neighborhood Notification shall be required in compliance with Chapter 241.

Required Conditions. Home occupations shall comply with the following conditions:

A home occupation shall be conducted entirely within one room in a dwelling, with the exception of swimming lessons. No outdoor storage shall be permitted. Garages shall not be used in connection with such business except to park business vehicles.

No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors.

There shall be no display of merchandise, projects, operations, signs or name plates of any kind visible from outside the dwelling. The appearance of the dwelling shall not be altered, nor shall the business be conducted in a manner to indicate that the dwelling or its premises is used for a nonresidential purpose, whether by colors, materials, construction, lighting, windows, signs, sounds or any other means whatsoever.

A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood.

No commercial vehicle or equipment used in conjunction with the home occupation shall be parked overnight on an adjacent street or in any yard visible from the street.

No motor vehicle repair for commercial purposes shall be permitted.

A home occupation shall not include an office or salesroom open to visitors, and there shall be no advertising of the address of the home occupation.

Where a home occupation involves swimming instruction in an outdoor swimming pool, each swimming class shall be limited to four students, and no more than two vehicles shall be used to transport students to such classes.

Any authorized City employee may inspect the premises of a home occupation upon 48 hours notice to ascertain compliance with these conditions and any requirements of this Code. The permit for a home occupation that is not operated in compliance with these provisions, and/or all conditions of an administrative permit, shall be revoked by the Director after 30 days written notice unless the home occupation is altered to comply.

10.

No renting out the premises for commercial purposes, e.g. parties, commercial filming activities, or other similar activities shall be permitted.

(3710-6/05, 4040-12/14, 4312-5/21/2024)

§ 230.14 Affordable Housing Density Bonus.

When a developer of a residential property which is zoned and general planned to allow five or more dwelling units proposes to provide affordable housing, he or she may request a density bonus and incentives or concessions through a Conditional Use Permit subject to the provisions contained in this section. A density bonus request pursuant to the provisions contained within this section shall not be denied unless the project is denied in its entirety.

Affordability Requirements.

Percentage of Affordable Units Required. To qualify for a density bonus and incentives or concessions, the developer of a residential project shall elect at least one of the following:

Provide at least 10% of the total units of the housing development for lower income households, as defined in Health and Safety Code Section 50079.5; or

Provide at least 5% of the total units of the housing development for very-low-income households, as defined in Health and Safety Code Section 50105; or

Provide a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Sections 798.76 or 799.5; or

Provide at least 10% of the total dwelling units in a common interest development as defined in Civil Code Section 1351 for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.

The density bonus shall not be included in the total number of the housing units when determining the number of housing units required to be affordable. Remaining units may be rented, sold or leased at "market" rates.

Duration of Affordability.

An applicant shall agree to, and City shall ensure, continued affordability of all low-and very-low-income units that qualified the applicant for the award of the density bonus for 30 years or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

Where there is a direct financial contribution to a housing development pursuant to Government Code Section 65915 through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the City will ensure continued availability for low-and moderate-income units for 30 years. The affordability agreement required by Section 230.14(B)(4) shall specify the mechanisms and procedures necessary to carry out this section.

An applicant shall agree to, and the City shall ensure that, the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the common interest development, as defined in Section 1351 of the Civil Code, are persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. The City shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source of law. The following shall apply to the equity-sharing agreement:

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership.

ii.

The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

iii.

The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.

Affordable Unit Distribution and Product Mix. Affordable units shall be located throughout the project and shall include a mixture of unit types in the same ratio as provided throughout the project.

Affordability Agreement. Affordability shall be guaranteed through an Affordability Agreement executed through the developer and the City. Said agreement shall be recorded on the subject property with the Orange County Recorder's Office prior to the issuance of building permits and shall become effective prior to final inspection of the first unit. The subject agreement shall be legally binding and enforceable on the property owner(s) and any subsequent property owner(s) for the duration of the agreement. The agreement shall include, but not be limited to, the following items:

The duration of the affordability and the number of the affordable units;

The method in which the developer and the City are to monitor the affordability of the subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement;

The method in which vacancies will be marketed and filled;

A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units within the project; and

Standards for maximum qualifying household incomes and standards for maximum rents or sales prices.

City Action. Pursuant to this section the City shall grant a density bonus and at least one of the concessions or incentives identified in subsection D of this section unless the City makes a written finding pursuant to subsection J of this section.

Calculation of Density Bonus.

The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the project's percentage of affordable housing exceeds the percentage established in subsection B of this section.

For housing developments meeting the low-income criteria of subparagraph 230.14(B)(1)(a), the base density bonus of 20% shall be increased by 1.5% for every 1% increase in the percentage of low-income units above 10%. The maximum allowable density bonus shall be 35%.

For housing developments meeting the very low-income criteria of subparagraph 230.14(B)(1)(b), the base density bonus of 20% shall be increased by 2.5% for every 1% increase in the percentage of very low-income units above 5%. The maximum density bonus shall be 35%.

For housing developments meeting the senior citizen housing criteria of subparagraph 230.14(B)(1)(c), the density bonus shall be 20%.

For housing developments meeting the moderate-income criteria of subparagraph 230.14(B)(1)(d), the base density bonus of 5% shall be increased by 1% for every 1% increase in the percentage of moderate-income units over 10%. The maximum density bonus shall be 35%.

All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Local Coastal Plan amendment, zoning change, or other discretionary approval. As used in subsection B of this section, "total units" does not include units permitted by a density bonus awarded pursuant to this section.

The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required affordable units pursuant to paragraph 230.14(B)(1).

Reductions in Density Within the Coastal Zone. In reviewing residential development application for low- and moderate-income housing, as defined in Government Code Section 65589.5(h)(3), the City may not require measures that reduce residential densities below the density sought by an applicant if the density sought is within the permitted density or range of density established by local zoning plus the additional density permitted under Government Code Section 65915, unless the City makes a finding, based on substantial evidence in the record, that the density sought by the applicant cannot feasibly be accommodated on the site in a manner that is in conformity with the certified Local Coastal Program.

Incentives and Concessions.

Types of Incentives or Concessions. The City shall grant an incentive or concession to the developer. An incentive or concession includes, but is not limited to, the following:

A reduction in site development standards or modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.

At the request of the developer, the City will permit a vehicular parking ratio, inclusive of handicapped and guest parking, for a development meeting the criteria of subsection B of this section at ratios that shall not exceed:

(A)

Zero to one bedroom: one onsite parking space.

(B)

Two to three bedrooms: two onsite parking spaces.

(C)

Four or more bedrooms: two and one-half onsite parking spaces.

ii.

If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section only, a housing development may provide on-site parking through tandem parking or uncovered parking but not through on-street parking.

Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions.

Number of Incentives and Concessions. An applicant for a density bonus shall receive the following number of incentives or concessions:

One incentive or concession for projects that included at least 10% of the total units for lower income households, at least 5% for very-low-income households, or at least 10% for persons and families of moderate income in a common interest development.

Two incentives or concessions for projects that include at least 20% of the total units for lower income households, at least 10% for very-low-income households, or at least 20% for persons and families of moderate income in a common interest development.

Three incentives or concessions for projects that include at least 30% of the total units for lower income households, at least 15% for very-low-income households, or at least 30% for persons and families of moderate income in a common interest development.

Requirements for Incentives and Concessions Within the Coastal Zone. Within the coastal zone, any incentive or concession or combination of incentives and concessions must be consistent with the requirements of the certified Land Use Plan.

Waiver or Reduction of Development Standards. An applicant may submit to the City a proposal for the waiver or reduction of development standards. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.

Donation or Transfer of Land. A developer may donate or transfer land in lieu of constructing the affordable units within the project pursuant to Government Code Section 65915(h).

Child Care Facilities.

When a developer proposes to construct a housing development that includes affordable units that conform to subsection B of this section and includes a child care facility that will be located on the premises of, as part of, or adjacent to the housing development, the City shall grant either of the following:

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

A housing development shall be eligible for the density bonus or concession described in this section if the City makes all of the following findings:

The child care facility will remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to paragraph (B)(2) of this section.

Of the children who attend the child care facility, the percentage of children of very-low-income households, lower-income households, or moderate-income households shall be equal to or greater than the percentage of dwelling units that are required to be affordable to very-low-income households, low-income households, or moderate-income households.

"Child care facility," as used in this section, means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

Procedure.

In addition to submitting all documentation required to apply for a Conditional Use Permit, a developer requesting a density bonus pursuant to this section shall include the following in the written narrative supporting the application:

A general description of the proposed project, General Plan designation, applicable zoning, maximum possible density permitted under the current zoning and General Plan designation and such other information as is necessary and sufficient. The property must be zoned and general planned to allow a minimum of five units to qualify for a density bonus.

A statement detailing the number of density bonus units being proposed over and above the number of units normally permitted by the applicable zoning and General Plan designations.

A description of the requested incentive or concessions that the developer requests.

A calculation of the density bonus allowed.

All subsequent City review of and action on the applicant's proposal for a density bonus and/or consideration of any requested incentives or concessions shall occur in a manner concurrent with the processing of the Conditional Use Permit and any other required entitlements, if any. If the developer proposes that the project not be subject to impact fees or other fees regularly imposed on a development of the same type, final approval will be by the City Council.

The Planning Commission/City Council shall review the subject Affordability Agreement concurrently with the development proposal. No project shall be deemed approved until the Affordability Agreement has been approved by the City Council.

The Planning Commission/City Council may place reasonable conditions on the granting of the density bonus and any other incentives as proposed by the applicant; however, such conditions must not have the effect, individually or cumulatively, of violating applicable State law.

A monitoring fee, as established by resolution of the City Council, shall be paid by the applicant to the City prior to issuance of a certificate of occupancy for the first unit. This fee shall be in addition to any other fees required for the processing of the Conditional Use Permit, environmental analysis, and/or any other entitlements required.

Required Findings for Approval.

Density Bonus. In granting a Conditional Use Permit for a density bonus, the Planning Commission/City Council shall make all of the following findings:

The proposed project, which includes a density bonus, can be adequately serviced by the City and county water, sewer, and storm drain systems without significantly impacting the overall service or system.

The proposed project, which includes a density bonus, will not have a significant adverse impact on traffic volumes and road capacities, school enrollments, or recreational resources.

The proposed project, which includes a density bonus, is compatible with the physical character of the surrounding area.

The proposed project, which includes a density bonus, is consistent with the overall intent of the General Plan.

If located within the coastal zone, the proposed project which includes a density bonus will be consistent with the requirements of the certified Land Use Plan and will not result in the fill, dredge, or diking of a wetlands.

Required Finding for Denial.

Concessions or Incentives. The City shall grant the concession or incentive requested by the applicant unless the City makes a written finding, based upon substantial evidence, of one or more of the following:

The concession or incentive is not required in order to provide affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in California Government Code Section 65915(c).

The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-and moderate-income households.

The concession or incentive is inconsistent with the requirements of the certified Land Use Plan.

(3710-6/05, 3764-3/07, Res. 2009-36-9/09, 4040-12/14, 4146-5/18)

§ 230.16 Manufactured Homes.

General Requirements. Manufactured homes may be used for residential purposes if such manufactured home conforms to the requirements of this section and is located in an R district. Manufactured homes also may be used for temporary uses, subject to the requirements of a temporary use permit issued under Chapter 241.

Location and Design Requirements. Manufactured homes may be located in any R district where a single-family detached dwelling is permitted, subject to the same restrictions on density and to the same property development standards, provided that such manufactured home meets the design and locational criteria of this subsection. These criteria are intended to protect neighborhood integrity, provide for harmonious relationship between manufactured homes and surrounding uses, and minimize problems that could occur as a result of locating manufactured homes on residential lots.

Location Criteria. Manufactured homes shall not be allowed:

On substandard lots that do not meet the dimensional standards of Chapter 210;

As a second or additional unit on an already developed lot; or

As an accessory building or use on an already developed lot.

Design Criteria. Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:

Each manufactured house must be at least 16 feet wide;

It must be built on a permanent foundation approved by the Building Official;

It must have been constructed after June 1, 1979, and must be certified under the National Manufactured Home Construction and Safety Act of 1974;

The unit's skirting must extend to the finished grade;

Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited;

The roof must have a pitch of not fewer than two inches vertical rise per 12 inches horizontal distance, with eave overhangs a minimum of 12 inches;

The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent editions of the Uniform Building Code fire rating approved in the City of Huntington Beach;

The floor must be no higher than 20 inches above the exterior finished grade; and

Required enclosed parking shall be compatible with the manufactured home design and with other buildings in the area.

Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the State of California shall be canceled, pursuant to state laws and standards. Before occupancy, the owner shall provide to the Director satisfactory evidence showing: that the state registration of the manufactured house has been or will, with certainty, be canceled; if the manufactured house is new and has never been registered with the state, the owner shall provide the Director with a statement to that effect from the dealer selling the home.

(4040-12/14)

§ 230.18 Subdivision Sales Offices and Model Homes.

Subdivision sales offices and model homes in conjunction with an approved subdivision is permitted with the following requirements.

The office shall be discontinued within 30 days following sale of the last on-site unit. A cash bond shall be posted with the City in the amount of $1,000.00 for the sales office and $1,000.00 for each model home to guarantee compliance with the provisions of this Code.

The developer or contractor shall furnish a site plan showing the placement of the sales office and all model signs, parking signs, directional signs, temporary structures, parking and landscaping.

No sales office shall be converted or expanded into a general business office for the contractor or developer.

(3525-2/02, 4040-12/14)

§ 230.24 Small Lot Development Standards.

Permitted Uses. The following small lot development standards are provided as an alternative to attached housing in multifamily districts. Small lot developments are permitted in RM, RMH, and RH Districts (excluding RL Districts and RMH-A Subdistricts) subject to approval of a Conditional Use Permit and tentative map by the Planning Commission. The Design Review Board shall review and forward recommendations on all small lot development proposals prior to Planning Commission action. These standards shall apply to all small lot subdivisions, whether the tentative map is designed with single units per lot, or multiple units per lot (condominium).

Design Standards. The following standards shall be considered by the Planning Commission prior to development approval:

Architectural features and general appearance of the proposed development shall enhance the orderly and harmonious development of the area or the community as a whole.

Architectural features and complementary colors shall be incorporated into the design of all exterior surfaces of the building in order to create an aesthetically pleasing project.

All vehicular accessways shall be designed with landscaping and building variation to eliminate an alley-like appearance.

Development Standards. The following standards shall apply to all small lot developments:

Minimum building site or lot size	3,100 sq. ft. (3,400 sq. ft. avg.)
Minimum lot frontage	40 ft.
Cul-de-sac and knuckle	30 ft.
Maximum height
Dwellings	30 ft.; max. 2 stories except 3rd level permitted <500 sq. ft.; min. 5/12 roof pitch; no decks above the second story
Accessory structures	15 ft.
Minimum setbacks
Front
Dwelling	15 ft. + offsets in front façade
Covered porches (unenclosed)	10 ft.
Garage	18 ft.
Upper story	Upper story setback shall be varied
Side	8 ft. aggregate, min. 3 ft.; 0 ft. permitted with min. 8 ft. on other side
Street side	10 ft.; includes min. 4 ft. landscape lettered lot (6 ft. between bldg. and prop. line)
Rear
Dwelling	15 ft.; 50% of bldg. width may be at 13 ft.
Garage	3 ft.; 0 ft. if garage is designed to back to another garage
Maximum lot coverage	50% + 5% for covered porches, patio covers, balconies.
Maximum floor area ratio (FAR)	0.7
Minimum interior garage	Min. 400 sq. ft.
Dimension (width x depth)	Min. 18 ft. wide
Minimum building separation to accessory building	6 ft.
Open space
Common recreational area (project)	Projects of 20 units or more: 150 sq. ft./unit; min. 5,000 sq. ft.; min. 50 ft. dimension. Projects less than 20 units: min. 600 sq. ft. private and/or common per unit. Private open space excludes side and front yard setback areas. Common open space requires min. 10 ft. dimension.
Required parking	Small lot developments shall provide parking consistent with single family residential developments specified in Chapter 231. In addition, minimum 1 on-street space per unit for guest/visitor parking shall be provided. A parking plan depicting the location of all parking spaces shall be submitted with the conditional use permit application.
Street sections
Streets	The City shall review proposed street sections upon submittal of the tentative map and conditional use permit applications. Min. 36 ft. curb to curb may be permitted provided all units in the development are equipped with automatic sprinkler systems. On-street parking shall be provided on both sides of the street.
Sidewalks/parkways	Sidewalks shall be provided on both sides of the street. Min. 6 ft. landscape parkways may be provided on both sides of the street. Sidewalk widths shall be designed to Public Works standards.
Walls and fences	Block walls required; may allow wrought iron element where appropriate.
Landscaping	Tree wells adjacent to landscape parkways on street side of curb is encouraged; however, shall not encroach into the min. 24-foot-wide drive aisle. See Ch. 232, Landscaping.

(3455-5/00, 4040-12/14)

§ 230.26 Affordable Housing.

Purpose.

The purpose of this chapter is to create an Inclusionary Housing Ordinance to enhance the public welfare and implement the goals, objectives and policies of the City's General Plan, including its Housing Element. It is intended to encourage the supply of extremely low-, very low-, lower-, and moderate-income housing, on sites that are integrated, compatible with and complements adjacent uses.

This Inclusionary Housing Ordinance is a tool the City utilizes to meet its commitment to provide housing affordable to all economic sectors.

Definitions.

Affordable Housing Cost.

The percentage of income that shall be utilized to determine the maximum housing related costs as calculated in accordance with California Health and Safety Code (H&SC) Section 50052.5 (standards for ownership units) and H&SC Section 50053 (standards for rental units).

Affordable Housing Unit.

A dwelling unit required by this chapter to be affordable to extremely low-, very low-, lower-, or moderate-income households. Accessory dwelling units (ADUs) do not satisfy the affordable housing obligation nor do they trigger the affordable housing obligation.

Area Median Income.

The midpoint of a County's gross income distribution adjusted for household size as determined by the California Housing and Community Development Department (HCD) annually.

Extremely Low-Income.

Households whose incomes meet the standards defined by the H&SC Section 50106, or a successor statute.

Lower-Income.

Households whose incomes meet the standards defined by the H&SC Section 50079.5, or a successor statute.

Moderate-Income.

Households whose incomes meet the standards defined by the H&SC Section 50093, or a successor statute.

New Residential Project.

Development that includes the creation of three or more new dwelling units, conversion of nonresidential uses to dwelling units, or the conversion of a use from a residential rental development to a residential ownership development.

Ownership Units.

Dwelling units constructed as part of a new residential project, or contained within a rehabilitation project, offered for individual unit sale, including, but not limited to, single-family detached or attached homes, condominiums, or cooperatives.

Phasing Plan.

A detailed plan provided by a developer that outlines each segment or phase of construction including housing units and site improvements to be developed in a new residential project.

Very Low-Income.

Households whose incomes meet the standards defined by the H&SC Section 50105, or a successor statute.

Applicability. Unless otherwise specified in the Specific Plan, this section shall apply to new residential projects of three or more units in size.

Affordable Housing Obligations. All new residential projects must be restricted, as set for herein, to contain a minimum of 10% of affordable housing units. In the event a fractional unit is established, the affordable housing unit count shall be rounded up, unless paragraph (C)(2) of this section applies. For projects providing affordable units onsite, an equivalent in-lieu fee may be paid instead of rounding up.

Developers of residential projects may elect to fulfill the affordable housing obligations imposed by this section by providing affordable housing units at the new residential project site pursuant to subsection D below (on-site production) or through an applicable alternative compliance option as provided by subsection E below (alternatives to on-site production).

For purposes of determining the required number of affordable housing units, only new units shall be counted. Construction of an accessory dwelling unit does not trigger the affordable housing obligation.

Options for Fulfilling Affordable Housing Obligations—On-Site Production.

Affordable Ownership Housing Units.

Pursuant to Section 230.26(F), new residential project owners or developers shall place an affordability covenant on ownership units that is set at the moderate-income household affordability level.

The affordable housing units shall be built concurrently with the market rate units as provided with an approved phasing plan.

The bedroom mix for the affordable units shall be proportional to the bedroom mix of the market rate units. The affordable units may be no more than 20% smaller in square footage than the average square footage of the market rate units.

All exterior and interior improvements, finishes, appliance packages, etc., for the affordable units shall be comparable to the base level market rate units.

Affordable Rental Housing Units within an Ownership Housing Project.

The affordability covenant placed on rental units is set at the lower-income level, but the developer may choose to fulfill the affordable housing requirement with units at the very-low-or extremely low-income level.

A market rate developer may create a separate affordable housing parcel within the new residential development site and enter into an agreement with an affordable housing developer to construct, own, and operate the affordable housing units. The affordable housing developer is required to enter into an Affordable Housing Agreement with the City, subject to the following:

The affordable housing developer shall have recent relevant experience and be approved by the Community Development Director or their designee.

ii.

The affordable housing developer and/or market rate developer may not request any financial assistance from the City.

The bedroom mix is not required to match the unit mix provided in the market rate ownership housing project. At least 40% of the affordable units shall include at least two bedrooms.

The affordable units shall be built concurrently with the market rate project. The affordable housing units may be constructed in phases if the market rate project is developed in phases, with an approved phasing plan.

Affordable Rental Housing Units.

Pursuant to Section 230.26(F), new residential project owners or developers shall place an affordability covenant on rental units at the lower-income household affordability level, but the developer may choose to fulfill the affordable housing requirement with units at the very low-or extremely low-income household affordability level.

The minimum construction standards for interior improvements of the affordable units shall be the same as those imposed by the Low-Income Housing Tax Credit (LIHTC).

Options for Fulfilling Affordable Housing Obligations—Alternatives to On-Site Production.

Off-Site Production of Affordable Housing Units.

Except as may be required by the California Coastal Act or Government Code Section 65590 or a successor statute, developers may provide the required affordable housing units offsite, at one or several sites, within the City of Huntington Beach.

Pursuant to Section 230.26(F), new residential project owners or developers shall place an affordability covenant on the off-site units that is set at 15% of the total number of units included in the new residential project that generated the affordable housing obligation. The affordability covenant placed on the off-site affordable housing units shall be at the lower-income household affordability level, but the developer may choose to fulfill the affordable housing requirement with units at the very low-or extremely low-income household affordability level. The affordability covenant shall specify the off-site affordable housing units shall be rental units.

The provision of the off-site affordable housing units shall not create an over concentration of affordable housing units in any specific area.

The design, building quality, and maintenance standards shall be the requirements imposed by the LIHTC minimum construction standards.

The bedroom mix for the affordable units is not required to match the mix provided in the market rate project that is subject to the affordable housing obligations. At minimum, 40% of the affordable units shall include at least two bedrooms.

Pursuant to Section 230.26(F), a market rate developer may enter into an agreement with an affordable housing developer to construct, own and operate the off-site affordable housing project. The affordable housing developer is required to enter into an Affordable Housing Agreement with the City, subject to the following:

The affordable housing developer shall have recent relevant experience and be approved by the Community Development Director or their designee.

ii.

The affordable housing developer and/or market rate developer may not request any financial assistance from the City.

iii.

All off-site affordable units shall be constructed prior to or concurrently with the market rate project that generated the affordable housing obligation. If the market rate project is developed in phases, with an approved phasing plan, the affordable units may be developed along with the first phase of the market rate project. Final approval (occupancy) of the first market rate residential unit shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units.

Existing Units Acquisition and Rehabilitation Projects.

The City Council has the discretion, but not the requirement, to approve a developer's request to acquire, rehabilitate, and place affordability covenants on existing off-site units. The request shall meet either of the following threshold requirements in order to fulfill a project's affordable housing obligation:

The project(s) shall be identified as at-risk in the City's Housing Element; or

ii.

The project is a motel that can be adaptively reused as residential units.

Additional requirements for acquisition and rehabilitation projects:

The developer or owner shall place an affordable housing covenant on the affordable housing units that are equal to at least 20% of the units in the new residential project that trigged the affordable housing obligation.

ii.

The rents charged for the rehabilitated units shall be set at the lesser of the H&SC 50053 rents or at least 10% discount from the achievable market rents for the units, subject to annual monitoring and reporting.

iii.

If there are more units in the acquisition and rehabilitation project than are required to fulfill the affordable housing requirement, those units may be rented at market rate.

Land Dedication. The City Council has the discretion, but not the requirement, to allow a developer to dedicate property in lieu of constructing affordable housing units. The following requirements are applicable to any property proposed to be dedicated:

The property shall be located within the City of Huntington Beach.

The developer shall convey the property to the City at no cost.

The property proposed to be dedicated shall yield a minimum of 20% of the total units constructed within the market rate project:

The site's existing General Plan and zoning standards shall allow for a residential use at a density sufficient to allow for the requisite number of affordable units to be developed without a density bonus request.

ii.

The site shall be suitable in terms of size, configuration, and physical characteristics to allow for the requisite number of affordable units to be developed on a cost efficient basis.

iii.

The developer shall provide evidence of the following when the land dedication proposal is submitted:

A title report showing the developer or owner has lien-free, fee simple title. Any encumbrances or easements that adversely impact the property's title shall be disclosed and will be factored into the estimated value of the interests proposed to be conveyed to the City.

ii.

An appraisal dated within 30 days of the application by a Member Appraisal Institute (MAI) appraiser.

iii.

A Phase I Environmental Site Assessment and a Phase II Environmental Site Assessment if the Phase I report indicates that hazardous materials were potentially previously used on the site.

iv.

The property shall not contain any hazardous materials at the time the land dedication proposal is submitted. If hazardous materials were previously remediated, a site closure letter from the appropriate regulatory agency showing evidence that the site was remediated to residential standards is required.

The property shall not have been improved with any residential use for at least five years prior to the submission of a land dedication proposal.

Payment in full of all taxes and/or assessments shall have been made when the proposal is submitted, and again prior to conveyance of the property to the City.

The construction of affordable units on the property shall not create an over concentration of low-income housing in any specific area.

The property shall be fully served by the necessary infrastructure prior to conveyance to the City.

To assist the City in evaluating land dedication proposals, the developer shall submit a conceptual site plan and narrative description of a project that could be developed on the property.

Fee Payment in Lieu of Construction.

Developers of the following new residential project types may pay an in-lieu fee to fulfill affordable housing obligations:

Ownership residential projects proposing any number of units.

ii.

Rental residential projects proposing 100 units or fewer.

The amount of the in-lieu fees shall be calculated using the fee schedule established by Resolution of the City Council.

A project may be permitted to pay in-lieu fees if it does not meet the eligibility standards of this section if the City Council determines, at its discretion, that the requirement to provide affordable housing units would impose an extreme hardship on the developer.

One hundred percent of the fees required by this section shall be paid prior to issuance of a building permit. However, for phased projects the developer may pay a pro rata share of the in-lieu fee concurrently with the issuance of building permits for each development phase, as approved by a phasing plan.

Fees paid to fulfill the requirements of this section shall be placed in the City's Affordable Housing Trust Fund, the use of which is governed by subsection F of this section.

Fees paid as a result of new residential projects shall be based upon the total number of the new residential units which are to be constructed prior to the grant of any density bonus.

Miscellaneous Provisions.

An Affordable Housing Agreement placing a covenant that runs with the land and outlining all aspects of the affordable housing obligations, including, but not limited to, the affordability term for the restricted units, shall be executed between the applicant and the City and recorded with the Orange County Recorder's Office.

The Affordable Housing Agreement shall specify an affordability term of not less than 55 years for rental units or 45 years for ownership units.

In general, the Affordable Housing Trust Funds shall be used for projects which have a minimum of 50% of the dwelling units affordable to very low-and low-income households, with at least 20% of the units available to very low-income households. Concurrent with establishing the annual fee schedule pursuant to subsection E of this section, the City Council shall by resolution set forth additional permitted uses of Affordable Housing Trust Funds. To obtain Affordable Housing Trust Funds, the recipient shall enter into an affordable housing agreement as set forth above, and shall maintain the affordability of the units for a minimum of 55 years. The funds may, at the discretion of the City Council, be used for pre-development costs, land or air rights acquisition, rehabilitation, land write downs, administrative costs, gap financing, or to lower the interest rate of construction loans or permanent financing.

New affordable units shall be occupied in the following manner:

Any existing residents shall be allowed to occupy their units until six months before the start of construction activities with proper notice.

The developer shall provide relocation benefits to the occupants of the affordable units that are displaced.

If residential rental units are being demolished and the existing tenant(s) meets the eligibility requirements, he or she shall be given the right of first refusal to occupy a comparable unit available in the new housing development affordable to the household at an affordable rent (e.g., extremely low-income, very low-income, low-income, moderate-income, market rate).

If there are no qualified tenants, or if the qualified tenant(s) chooses not to exercise the right of first refusal, or if no demolition of residential rental units occurs, then qualified households or buyers will be selected.

Annual Program Review and Periodic Adjustment of the Fee. Within 180 days after the last day of each fiscal year, the City Council shall review the status of the City's Affordable Housing Trust Fund, including the amount of fees collected, expenditures from the Affordable Housing Trust Fund, and the degree to which the fees collected pursuant to this chapter are assisting the City to provide and encourage low-and moderate-income housing. The fee shall be updated annually using the Real Estate and Construction Report published by the Real Estate Research Council of Southern California. The fee change shall be based on the percentage difference in the new home prices in Orange County published in the fourth quarter report for the then current year versus the immediately preceding year.

(3687-12/04, 3827-4/09, 3829-6/09, 3879-6/10, 4040-12/14, 4235-10/21)

§ 230.28 Group Homes.

Purpose. This section is intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of the FEHA, the FHAA and the Lanterman Act by, among other things: (1) ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Huntington Beach Municipal Code and not simply skirting the city's boarding house regulations; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing an accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for the disabled and for recovering addicts to be successful in their programs.

Special Use Permit Required.

A group home that may otherwise be considered an unpermitted use may locate in the RL, RM, RMH, RH, RMP, a Specific Plan Residential, or a Specific Plan Mixed Use zone with a Special Use Permit provided:

An application for a group home is submitted to the director by the owner/operator of the group home. The application shall provide the following:

The name, address, phone number and driver's license number of the owner/operator;

ii.

If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application:

(1)

Every general partner of the partnership,

(2)

Every owner with a controlling interest in the corporation,

(3)

The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder;

iii.

The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor;

iv.

The name, address, phone number and driver's license number of the house manager;

A copy of the group home rules and regulations;

vi.

Written intake procedures;

vii.

The relapse policy;

viii.

An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside at the group home;

ix.

Blank copies of all forms that all residents and potential residents are required to complete; and

A fee for the cost of processing of the application as set by resolution of the city council.

No person shall open a group home or begin employment with a group home until this information has been provided and such persons shall be responsible for updating any of this information to keep it current.

The group home has six (6) or fewer occupants, not counting a house manager, but in no event shall have more than seven (7) occupants. If the dwelling unit has a secondary accessory unit, occupants of both units will be combined to determine whether or not the limit of six (6) occupants has been exceeded.

The group home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose.

The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a twenty-four (24) hour basis and who are responsible for the day-to-day operation of the group home.

All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within five hundred (500) feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home.

Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code section 1503.5 and section 80001(c)(3) of Title 22, California Code of Regulations.

Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility.

If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property.

The property must be fully in compliance with all building codes, municipal code and zoning.

At least forty-eight (48) hours prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall:

Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home;

ii.

Contact the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment;

iii.

Notify the City's Homeless Task Force or its successor panel that an occupant is no longer a resident at the home, and determine the services available therefrom;

iv.

Provide the information obtained from paragraphs ii and iii of this subsection B.1.j. and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon;

Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the special use permit for that facility, the operator shall comply with paragraphs i. through iv. of this subsection B.1.j. as soon as possible.

Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also:

Make available to the occupant transportation to the address listed on the occupant's driver license, state-issued identification card, or the permanent address identified in the occupant's application or referral to the group home;

ii.

Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant. If the operator cannot find accommodation, the occupant must continue to house on premises until such accommodation can be found for the occupant.

The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections B.1.j. and B.1.k. of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection B.1.k. of this section by providing remuneration to the occupant for the cost of transportation.

All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping.

In addition to the regulations outlined above, the following shall also apply to sober living homes:

The sober living home is not located within one thousand (1,000) feet, as measured from the closest property lines, of any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility.

ii.

All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction.

iii.

The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home's rules for residency and the violator cannot be re-admitted for at least ninety (90) days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved.

iv.

The number of occupants subject to the sex offender registration requirements of Penal Code section 290 does not exceed the limit set forth in Penal Code section 3003.5 and does not violate the distance provisions set forth in Penal Code section 3003.

The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol.

vi.

The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received.

vii.

The sober living home shall not provide any of the following services as they are defined by section 10501(a)(6) of Title 9, California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning.

An applicant may seek relief from the strict application of this section by submitting a reasonable accommodation application setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to section HBMC 17.77.

The special use permit shall be issued by the director as a ministerial matter if the applicant is in compliance or has agreed to comply with subsections B.1.a. through B.1.n. of this section. The issuance of the special use permit shall be denied upon a determination, and if already issued shall be denied or revoked upon a hearing, by the director that any of the following circumstances exist:

Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information;

Any owner/operator or staff person has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.

Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven (7) to ten (10) years, to any of the following offenses:

Any sex offense for which the person is required to register as a sex offender under California Penal Code section 290 (last ten (10) years);

ii.

Arson offenses—Violations of Penal Code Sections 451—455 (last seven (7) years); or

iii.

Violent felonies, as defined in Penal Code section 667.5, which involve doing bodily harm to another person (last ten (10) years).

iv.

The unlawful sale or furnishing of any controlled substances (last seven (7) years).

Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter.

The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the FHAA and FEHA.

A special use permit for a sober living home shall also be denied upon a determination, and if already issued, any transfer shall be denied or revoked, upon a hearing, by the director that any of the following additional circumstances exist:

Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one (1) full year of sobriety.

ii.

The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.

iii.

The sober living home, as measured by the closest property lines, is located within one thousand (1000) feet of any other sober living home or state licensed alcoholism or drug abuse recovery or treatment facility. If a state-licensed alcoholism or drug abuse recovery or treatment facility moves within one thousand (1000) feet of an existing sober living home this shall not cause the revocation of the sober living home's permit or be grounds for denying a transfer of such permit.

For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections B.1.j. through m.

Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to HBMC 17.77.

Effect or Denial or Revocation of Special Use Permit or Conditional Use Permit.

Whenever an application for a Special Use Permit or Conditional Use Permit for a Sober Living Facility, Group Home, or similar facility is denied, no other similar application by such applicant or permittee will be considered for a period of five years from the date of the denial of an application. Whenever a permit has been revoked, canceled, or otherwise invalidated, no other similar application by such permittee shall be considered for a period of five years from either the date the notice of the permit revocation was mailed or the date of the final decision of the city to revoke the permit, whichever is later. The prohibitions of this subsection shall also apply to the following:

Any individual whose Special Use Permit or Conditional Use Permit was revoked or whose application was denied who later becomes a director or officer of a corporation, profit or nonprofit, or a member of a partnership or a person owning or possessing any portion of the shares of a corporation seeking to obtain a Special Use Permit.

A corporation, profit or nonprofit, whose Special Use Permit or Conditional Use Permit was revoked, or application was denied, to any of its directors or officers or to any person who owned any portion of its shares, who attempts by way of a new corporation or using their individual names or becoming a member of a partnership or a director or officer or a person owning or possessing any portion of the shares in another corporation seeking to obtain a new Special Use Permit or Conditional Use Permit.

A landowner who illegally leased, rented, sold, or otherwise allowed an individual or corporation to operate a non-permitted Group Home or Sober Living Home.

In addition to any other law, no person or entity shall be eligible for and/or receive an operator's Special Use Permit or Conditional Use Permit if that person or entity, or any director or officer of that entity or a person who owned any portion of that entity's shares, or any financial interest holder of that entity, engaged or engages in unpermitted and/or illegal activity involving medical care, addiction care, addiction recovery, and Group or Sober Home operation, in the five years preceding an application under this chapter or during the application process. A determination of ineligibility may be made by the City Manager and shall be based on the preponderance of the evidence. This prohibition shall not apply to a natural person who would otherwise be ineligible based on a criminal conviction that has been dismissed, withdrawn, expunged or set aside.

Compliance.

Existing Group Homes must apply for a special use permit within ninety (90) days of the effective date of this chapter.

Group Homes that are in existence upon the effective date of this chapter shall have one (1) year from the effective date of this chapter to comply with its provisions, provided that any existing Group Home, which is serving more than six (6) residents, must first comply with the six-resident maximum.

Existing Group Homes obligated by a written lease exceeding one (1) year from the effective date of the ordinance, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one (1) additional years grace period pursuant to Planning Division approval.

Transfer of Special Use Permit. Special Use Permit may not be transferred to any other person or entity. No Special Use Permit issued pursuant to this chapter shall be transferred or assigned or authorize any person other than the person or entity named in the permit to operate the group home named therein.

A Conditional Use Permit shall be required for and may be granted to allow the operation of a Group Home, or a Residential Care Facility with seven (7) or more occupants in the RM, RMH, RH, RMP, Specific Plan Residential and Specific Plan Mixed Use Zones subject to the following conditions:

As measured from the property line to property line, the Group Home or Sober Living Home shall be at least one thousand (1000) feet from any other property that contains a Group Home, Sober Living Home, or State-Licensed Residential Care Facility.

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.

(4216-8/20, 4341-10/7/2025)

§ 230.32 Service Stations.

The following supplemental development standards shall apply to the service station use classification.

Minimum parcel size: 22,500 square feet.

Minimum frontage: 150 feet and located at the intersection of arterial highways.

Site Layout. Conditions of approval of a Conditional Use Permit may impose restrictions on outdoor storage and display and location of pump islands, canopies and service bay openings and require buffering, screening, lighting, or planting areas necessary to avoid adverse impacts on properties in the surrounding area.

Design Standards.

In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. Service stations shall be designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the general neighborhood.

The location, number, and design of driveways as well as on-and off-site traffic circulation impacts shall be analyzed.

Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties. A maximum of three service bays shall be permitted per site, none of which shall face a public right-of-way.

Lighting shall be of low profile design, indirect or diffused, and shall create no negative impact on surrounding uses.

A minimum 10% of the site shall be landscaped. Landscaping plans shall conform to all applicable provisions of Chapter 232 as well as conform to the following requirements:

A three-foot wide planter (inside dimension) along interior property lines shall be provided, except at vehicular circulation openings. Additional landscaping may be required to screen service bays from surrounding properties.

A 600-square-foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets.

A total of 70 square feet of planting area shall be located adjacent to and on the street side of the main building.

Buildings shall conform to the setback regulations stated for the district in which the site is located. Pump islands and canopy structures shall maintain the following minimum setbacks from street side property lines:

Pump island: 20 feet.

Canopy: 10 feet with ground clearance of 12 feet.

Storage of Materials and Equipment. The provisions of Section 230.74, Outdoor Facilities, shall apply, except that a display rack for automobile products no more than four feet wide may be maintained at each pump island of a service station and a single tire storage display no more than eight feet high and 16 feet long may be located on the site of a service station. If display racks are not located on pump islands, they shall be placed within three feet of the principal building, and shall be limited to one per street frontage. Outside storage of motor vehicles for more than 24 hours (seven days if the vehicle is actively being serviced) is prohibited, except as provided for truck and utility trailer rentals. The location of display racks and vending machines shall be specified by the Conditional Use Permit.

Accessory Uses. The accessory uses listed below shall be permitted as included on the approved site plan. Such uses shall be subordinate to the main operation and shall not impede safe vehicular and pedestrian circulation or be detrimental to surrounding properties or potential customers. Such uses shall be included as part of the original Conditional Use Permit request or shall be subject to a new Conditional Use Permit if proposed subsequent to the original Conditional Use Permit.

Convenience markets are permitted provided no automotive repair or truck or trailer rental is permitted on the same site.

Automatic washing, cleaning and waxing of vehicles. Such activity shall be of an integral design with the main structure.

Truck and utility truck rental is permitted provided the trucks do not exceed 25 feet in length and are stored a minimum of 50 feet from the street property lines.

(4040-12/14)

§ 230.34 Housing of Goods.

All goods, wares, merchandise, produce, and other commodities which are stored or offered for sale or exchange in the commercial and industrial districts shall be housed in permanent buildings except as otherwise provided by this Code.

(4040-12/14)

§ 230.36 Transportation Demand Management.

Purpose and Intent. It is the purpose and intent to implement the requirements of Government Code Section 65089.3(a)(2), to mitigate the impacts that development projects may have on transportation mobility, congestion and air quality, and to promote transportation demand management strategies.

Definitions. For purposes of this section, the following definitions for the following terms shall apply:

Alternative Transportation Mode.

Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing, public transit, bicycling or walking.

Building Size.

The total gross floor area measured in square feet of a building or group of buildings at a worksite. Includes the total floor area of both new development and existing facilities.

Carpool.

Two to six persons traveling together in a single vehicle.

Employee.

Any person employed by a firm, person(s), business, educational institution, non-profit agency or corporation, government agency, or other entity which employs 100 or more persons at a single worksite. "Employee" shall include persons employed on a full-time, part-time, or temporary basis.

Employer.

Any person(s), firm, business, educational institution, government agency, non-profit agency or corporation, or other entity which employs or houses tenants that collectively employ 100 or more employees at a worksite on a full-and/or part-time/temporary basis.

Mixed Use Development.

New development projects that integrate any one of these land uses with another: residential, office, commercial, industrial and business park.

Tenant.

The lessee of facility space at a development project who may also serve as an employer.

Transportation Demand Management (TDM).

The implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools and transit; and reduction of vehicle miles traveled (VMT) and the number of vehicle trips.

Vanpool.

A vehicle occupied by seven or more persons traveling together.

Worksite.

A building or group of buildings which are under common ownership and the place of employment, base of operation, or predominate location of an employee or group of employees.

Applicability.

These provisions apply to commercial, industrial, institutional, or other uses which are determined to employ 100 or more persons, as determined by the employee generation factors specified under paragraph 4 of this subsection. This includes any permit for existing facilities that already have 100 or more employees or will have 100 or more employees.

These provisions apply to all districts, planned communities and specific plan areas including those covered by development agreements. These provisions shall supersede other ordinances with which there is a conflict.

Notwithstanding paragraph 1 of this subsection, the following uses and activities shall be specifically exempt from the provisions of this section:

Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers.

Other temporary use classifications or as authorized by the Director when such temporary activities are for a period not to exceed 30 days and held no more than once a year.

Employee generation factors shall be based on one of the following:

Employment projections developed by the property owner, subject to approval by the Director;

Building sizes shall be considered equivalent to the 100 employee threshold as follows:

Type of Use	Building Size (in Sq. Ft.)
	Equivalent to 100 Employees
Office/Professional	35,000
Hospital and Medical/Dental	40,000
Industrial (Excluding Warehouses)	50,000
Commercial/Retail	50,000
Hotel	0.8 Employees/Hotel Room
Motel	1.2
Resort Hotel	100,000
Mixed or Multiple Use	*
Warehouse	100,000

Notes:
*	The employment projection for a development of mixed or multiple uses shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use.

Site Development Standards. Development projects subject to this section shall comply with the following site development standards:

Parking for Carpool Vehicles.

The following percentages of the total required parking spaces per Chapter 231 shall be reserved and designated for employee carpool vehicles by making such spaces "Carpool Only":

Type of Use	Percent of Total Parking Devoted to Employee Carpool Parking
Office Professional	13%
Hospital and Medical/Dental Office	9%
Industrial/Warehouse	14%
Commercial/Retail	5%
Hotel	Space for every 2 employees

Carpool spaces shall be located near the building's identified employee entrance(s) or at other preferential locations within the employee parking areas as approved by the Director.

Shower and Locker Facilities. Shower and locker facilities shall be provided for use by employees or tenants who commute to the site by bicycle or walking. The use of such facilities shall be provided at no cost to the user. The design of such facilities shall be shown on the plot plans in the permit application and conform to the following:

Lockers shall be provided at a minimum ratio of one for every 20 employees.

Separate shower facilities shall be provided at a minimum rate of two per 100 employees.

Bicycle Parking.

Bicycle parking facilities shall be provided at the minimum rate of one bicycle parking space for every 20 employees or fraction thereof, in a secure location, and in close proximity to employee entrances, for use by employees or tenants who commute to the site by bicycle.

A bicycle parking facility shall be a stationary object to which the user can lock the bicycle frame and both wheels with a user provided six-foot cable and lock.

Commuter Information Areas. A commuter information area shall be provided to offer employees appropriate information on alternative transportation modes. This area shall be centrally located and accessible to all employees or tenants and shall be sufficient size to accommodate such information on alternative transportation modes.

Passenger Loading Areas. Unless determined unnecessary by the decision maker, per Title 24, passenger loading areas to embark and disembark passengers from rideshare vehicles and public transportation shall be provided as follows:

Passenger loading area shall be large enough to accommodate the number of waiting vehicles equivalent to 1% of the required parking for the project.

The passenger loading areas shall be located as close as possible to the identified employee entrance(s), and shall be designed in a manner that does not impede vehicular circulation in the parking area or in adjoining streets.

Parking for Vanpool Vehicles. Unless determined unnecessary by the decision maker, per Title 24, parking for vanpool vehicles shall be provided as follows:

The number of vanpool parking spaces shall be at least 1% of the employee carpool parking spaces and reserved for such by marking the spaces "Vanpool Only."

For parking structures, vanpool vehicle accessibility shall include minimum seven-foot-two-inch vertical clearance.

Vanpool parking spaces shall be located near identified employee entrance(s) or other preferential locations.

Bus Stops. Unless determined unnecessary by the decision maker, per Title 24, bus shelter, pullouts, and pads shall be provided as necessary in consultation with affected transit service providers.

(4040-12/14)

§ 230.38 Game Centers.

The following supplemental requirements shall apply to the operation of game centers, including mechanical or electronic games or any other similar machine or device, in order to control the location and hours of operation of game centers so as not to allow school children to play the games during school hours or to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages. The following conditions shall apply:

Neighborhood Notification. Submit a request to the Director with Neighborhood Notification pursuant to Chapter 241.

Adult Manager. At least one adult manager shall be on the premises during the time a game center is open to the public.

Hours of Operation for Minors Under 18 Years of Age. No game center owners, managers or employees shall allow a minor under 18 years of age to play a mechanical or electronic game machine during the hours the public schools of the district in which the center is located are in session, or after 9:00 p.m. on nights preceding school days, or after 10:00 p.m. on any night. It is the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours.

Locational Criteria. A game center shall not be permitted within 2,500 feet of a school site, 300 feet of the boundary of a residential district, or within 500 feet of a liquor store, a nightclub, cocktail lounge or bar. The distance shall be measured as walking distance from the game center to the property line of the school site, the district boundary, or the property line of the liquor store, nightclubs, cocktail lounge, or bar, as the case may be.

Restrictions. The Director may impose reasonable restrictions on the physical design, location, and operation of a game center and require a special bicycle parking area in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health, safety and welfare of the surrounding community.

(3710-6/05, 4040-12/14)

§ 230.40 Helicopter Takeoff and Landing Areas.

Permit Required. A Conditional Use Permit may be issued for the construction and operation of a heliport, helipad, or helistop if the Planning Commission finds that:

The helipad, heliport, or helistop conforms to the locational criteria and standards established in subsections B and C of this section, and the requirements of the California Department of Transportation, Division of Aeronautics;

The heliport, helipad, or helistop is compatible with the surrounding environment; and

The proposed operation of the helicopter facility does not pose a threat to public health, safety or welfare.

The commission may impose conditions of approval on the Conditional Use Permit to prevent adverse impacts on surrounding properties. If such impacts cannot be mitigated to an acceptable level, the Conditional Use Permit application shall be denied.

Locational Criteria.

Minimum Separation. Minimum separation between heliports, helipads, and helistops shall be 1.5 miles, except for facilities specifically intended for emergency use, such as medical evacuation or police functions, and temporary landing sites.

Protected Areas. No heliport, helipad, or helistop shall be located within 1,000 feet of an R district or the site of a public or private school, except for heliports or helistops specifically intended only for emergency or police use. Temporary landing sites within 1,000 feet of a public or private school may be allowed with a temporary use permit subject to approval of the California Department of Transportation.

Site Development Standards.

Approach and departure paths 65 feet wide shall be free of obstruction for a minimum distance of 400 feet.

Setbacks from property lines shall be as follows:

Takeoff and landing area: 50 feet;

Helicopter maintenance facilities: 25 feet;

Administrative or operations building: 15 feet.

Any lighting used for nighttime operations shall be directed away from adjacent properties and public rights-of-way.

A telephone shall be provided on or adjacent to the heliport, helipad or helistop.

Helipads or helistops intended for emergency use shall have a landing pad with a standard landing area designated and the words "Emergency Only." The initial direction of the departure routes shall be indicated on the takeoff and landing area.

Application Requirements. The following additional information shall be submitted with a Conditional Use Permit application:

An area map, at a scale of 1″ = 800′ showing existing land use within a two-mile radius of the facility site and the proposed flight paths.

A plot plan of the site and vicinity, including all land within a 400-foot radius of the takeoff and landing area, that shows clearly the height of the takeoff and landing area; the height of existing, approved and proposed structures and trees within 50 feet of the approach and takeoff flight paths; and the maximum allowable building height under existing zoning.

A description of the proposed operations, including the type of use, names and descriptions of helicopters expected to use the facility, and anticipated number and timing of daily flights.

A helicopter noise study including a map of the approach and departure flight paths at a scale of 1″ = 800′ showing existing day/night average noise levels in decibels (LDN noise contours), future day/night average noise levels with the proposed facility and anticipated flight operations, and single event maximum sound levels associated with the types of helicopters expected to use the facility.

(3710-6/05, 4040-12/14)

§ 230.42 Bed and Breakfast Inns.

Permit Required. The Zoning Administrator may approve a Conditional Use Permit for a bed and breakfast inn in any C District and RMH A District after a duly noticed public hearing upon finding that:

The bed and breakfast inn will be operated by a property owner living on the premises;

The bed and breakfast inn conforms to the design and development standards of subsection B of this section and is compatible with adjacent buildings in terms of building materials, colors and exterior finishes; and

Public and utility services, including emergency access, are adequate to serve the bed and breakfast inn.

Design and Development Standards.

Minimum Size and Maximum Number of Guest Rooms. The inn shall contain at least 2,000 square feet, but no more than six rooms shall be rented for lodging.

Parking. The requirements of Chapter 231 shall apply.

Signs. The requirements of Chapter 233 apply. In addition, in the RMH A district, no identifying sign shall be displayed other than a sign no larger than two square feet identifying the name of the establishment. The face of the sign may be indirectly illuminated by an exterior light source entirely shielded from view, but no internal illumination from an interior light source shall be permitted.

(3710-6/05, 4040-12/14)

§ 230.44 Recycling Operations.

Collection containers shall be permitted for charitable organizations such as Goodwill. Recycling and collection containers shall not be located within required parking or landscaped areas or obstruct pedestrian paths. Recycling as an accessory use shall not exceed 500 square feet including any required attendant parking space. A recycling operation as a primary use shall comply with the development standards contained in Chapter 212.

(4040-12/14)

§ 230.46 Single Room Occupancy.

Single room occupancy (SRO) shall comply with the following requirements:

General Provisions.

All projects shall comply with the most recently adopted City building, plumbing, mechanical, electrical, fire, and housing codes.

No more than one person shall be permitted to reside in any unit, excluding the manager's unit and up to 25% of the total number of units which have double occupancy.

A management plan shall be submitted for review and approval with the Conditional Use Permit application. The management plan shall contain management policies, operations, emergency procedures, overnight guest policy, security program including video cameras monitoring building access points at every floor, rental procedures and proposed rates, maintenance plans, staffing needs, and tenant mix, selection and regulations. Income levels shall be verified by a third party and submitted to the City of Huntington Beach as part of the annual review.

An on-site 24-hour manager is required in every SRO project. In addition, a manager's unit shall be provided which shall be designed as a complete residential unit, and be a minimum of 300 square feet in size.

Rental procedures shall allow for monthly tenancies only; deposit requirements shall be specified.

All units within SRO projects shall be restricted to very-low-and low-income individuals as defined by the City's housing element, with the exception of the 24-hour manager. Rental rates shall be calculated using a maximum of 30% of income toward housing expenses based on County of Orange income figures.

Each SRO project shall be subject to annual review by the City which includes the review of management services. The management services plan shall define third party verification criteria. The SRO project owner shall be responsible for filing an annual report to the Community Development Department and Office of Business Development, which includes the range of monthly rents, the monthly income of residents, occupancy rates, and the number of vehicles owned by residents.

The Planning Commission or City Council may revoke the Conditional Use Permit if any violation of conditions or any of the adopted Huntington Beach codes occurs.

Unit Requirements.

Minimum unit size shall be 250 square feet except double occupancy units shall be a minimum of 400 square feet.

Maximum unit size shall be 300 square feet excluding manager's unit and double occupancy units.

Each unit shall contain a kitchen and bathroom.

Kitchens shall contain a sink with garbage disposal, counter top (minimum 16″ x 24″), refrigerator, and stove/oven unit and/or microwave.

If stoves/oven units are not provided in each unit, then stoves/oven units shall be provided in a common kitchen area(s).

Bathrooms shall contain a lavatory, toilet, and shower or bathtub.

Each unit shall have a minimum 48 cubic feet of closet/storage space.

Project Requirements.

Common recreational space shall be provided in each project as follows:

Minimum common recreational space shall be 400 square feet.

For projects exceeding 30 units, an additional 10 square feet of recreational space per unit is required.

Units that are 400 square feet or greater shall have a minimum of 15 square feet of recreational space per unit.

Common recreational space may be indoor or outdoor provided there is at least 40% allotted toward indoor space and 40% outdoor space; the balance may be either indoors or outdoors.

Common recreational space may be in separate areas provided each space is not less than 200 square feet in size and has no less than a 10-foot dimension.

A single controlled entryway for routine ingress and egress shall be situated adjacent to and in full view of the manager's desk.

A secured office area shall be incorporated in the facility for the storage of confidential resident records and security office personnel.

Mailboxes shall be provided for each unit located near the lobby in plain view of the entry desk.

Handicap access facilities shall be as required by applicable state or local law.

At least one handicapped accessible unit shall be required for every 20 units.

Laundry facilities shall be provided in a separate room in a location near the common indoor recreational space. Washers and dryers may be coin operated.

A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold water on every floor shall be provided on every floor.

Storage Lockers.

Storage lockers shall be provided in a secured area.

The cumulative total of locker space shall be no less than a ratio of 10 cubic feet per unit.

10.

All common indoor space areas shall have posted in a conspicuous location a notice from the Department of Community Development regarding contact procedures to investigate housing code violations.

11.

Bicycle stalls shall be provided at a minimum of one stall per five units in a secured and enclosed and covered area.

12.

Trash disposal chutes as well as a centralized trash area shall be provided on all multi-story projects.

13.

A minimum of two pay telephones shall be provided in the lobby area. The telephone service shall only allow outgoing calls.

14.

Phone jack(s) shall be provided in each unit.

15.

A shipping and receiving/maintenance garage shall be provided near a convenient vehicular access on the ground floor.

(3494-5/01, 4040-12/14, 4096-10/16)

§ 230.48 Equestrian Centers.

Permit Required. Equestrian centers shall be permitted in the OS-PR and PS Districts, subject to the approval of a Conditional Use Permit by the Planning Commission. Where all off-site improvements are not provided, initial approval shall be for a maximum period of five years subject to annual review. One-year extensions of time may be granted after public hearing by the Planning Commission. On requests to allow a facility on a permanent basis, the Planning Commission shall determine required improvements based on the existing and proposed land uses and the existing off-site improvements within the area.

Design and Development Standards.

Minimum Parcel Size/Frontage. The minimum lot size and lot frontage shall be:

	Area	Frontage
Temporary facilities:	2 acres	100 feet
Permanent facilities:	5 acres	100 feet

Density/Riding Areas. Maximum density for horse facilities shall be determined by the following criteria:

Maximum density shall be 25 horses per acre.

Minimum riding area shall be 5,000 square feet per 15 horses. For facilities with over 100 horses, two separate arenas shall be provided. In the alternative, off-site riding area shall be provided adjacent to the facility at the rate of one acre per 15 horses.

Exercise rings shall have no dimension less than 30 feet.

The minimum arena size shall be 10,000 square feet with no dimension less than 80 feet.

Maximum Building Height. Maximum building height shall be 30 feet.

Required Setbacks.

Front:	50 feet (30 feet for caretaker's residence)
Interior side:	25 feet
Exterior side:	50 feet
Rear:	25 feet
Minimum distance to any residential zone or use:	300 feet

Corral Design. Corrals designed for one horse shall comply with the following requirements. Corrals designed for more than one horse shall provide a minimum area per horse as indicated below. All corrals, racks and stalls shall be of compatible design, materials to be approved by the Fire Department.

Corral size: 288 square feet; minimum dimension: 12 feet. Shelter size: 96 square feet; minimum dimension: 8 feet.

Each corral shall have an approved water system with automatic drinking controls provided.

Box stalls may be provided in lieu of horse corrals. Such stalls shall be a minimum of 144 square feet with no dimension less than 12 feet.

Wash Rack. One wash rack per 35 horses or fraction thereof shall be provided subject to the following requirements. Wash racks designed for more than one horse shall provide a minimum area per 35 horses as indicated below:

Individual wash racks shall be six by eight feet.

Each wash rack shall have an approved watering system and be connected to a sewer facility with a back-siphon device at the water source.

A concrete slab floor shall be provided.

Insect and Rodent Control.

Feed mangers or boxes shall not be placed near water sources.

Nonleak valves shall be provided for all troughs, bowls, cups and other water sources.

Automatic valves or sanitary drains shall be provided for large troughs or cups.

Grading in paddocks and corrals shall be properly integrated into a master drainage plan to prevent ponding of water. Shelters shall be sloped away from the center of the corrals, or rain gutters shall be installed to the exterior of the corral.

Method of disposal of solid wastes shall be approved by Planning Commission. Trash disposal areas and dumpsters shall be designated and conveniently located with an all-weather road access provided.

All dry grains shall be stored in rodent-proof metal containers and hay storage shall be covered. Bulk or commercial amounts of grain or hay shall be located a minimum of 50 feet away from any horse enclosure.

Miscellaneous Operating Requirements.

The ground surface of horse enclosures shall be graded above their surroundings. A grading plan shall be submitted prior to issuance of a Conditional Use Permit.

Storage and tack areas shall be designated on the site plan.

Continuous dust control of the entire premises shall be maintained subject to the regulations contained in Huntington Beach Municipal Code Chapter 8.24. The method for water sprinkling arenas and exercise pens shall be indicated on the site plan.

A permanent single-family residence shall be provided on the site with a watchman on duty 24 hours a day. Two fully enclosed parking spaces shall be provided. Where a mobile home is used to satisfy this requirement, one carport space and one open space shall be permitted.

A back-siphoning device shall be installed to protect the public water supply. An approved pressure vacuum breaker is recommended on the waterline serving the corrals. The vacuum breaker shall be at least 12 inches above the highest point of water usage or an approved double check valve may be used.

Security lighting shall be confined to the site and all utilities shall be installed underground.

A log containing the name of every horse, its location in the facility, the owner's name and address, and the names and addresses of persons to be notified in case of emergency shall be maintained in the watchman's quarters for ready reference.

All fire protection appliances, appurtenances, emergency access, and any other applicable requirements, pursuant to Huntington Beach Municipal Code Chapter 17.56, shall meet the specifications of the Fire Department.

The entire site, exclusive of riding areas, shall be fenced in such a manner as to confine horses within the site in order to protect the perimeter landscaping from damage. Individual corrals shall be enclosed by a minimum five-foot high fence.

Off-Street Parking and Landscaping.

Parking and circulation design shall comply with the standards outlined in Chapter 231. In addition, the perimeter of the parking area shall be delineated by pilasters or wooden poles with chain, cable, or heavy rope connectors. The parking lot shall be surfaced in accord with the specifications of the Department of Public Works.

Landscaping, as set out in Chapter 232, shall be provided except that the minimum landscaped area required shall be a 10-foot-wide (inside dimension) planter along all property lines.

(4040-12/14)

§ 230.50 Indoor Swap Meets/Flea Markets.

Indoor swap meets/flea markets shall comply with the following requirements:

Conditional Use Permit Required. Indoor swap meets/flea market uses may be permitted as temporary uses only upon approval of Conditional Use Permit by the Zoning Administrator for a period of time not to exceed 10 years. One-year extension of time may be granted after public hearing by the Zoning Administrator.

Location Considerations. The Zoning Administrator shall consider the following issues when evaluating a proposed Conditional Use Permit:

The site's proximity to residences, schools, hospitals and other noise sensitive uses.

The potential adverse impacts on traffic circulation and pedestrian safety.

The site's proximity to other indoor swap meets/flea markets to avoid overconcentration of facilities.

The site's proximity to businesses processing hazardous materials.

Location Criteria. Indoor swap meet/flea market uses shall only be allowed on property located adjacent to arterial streets.

Minimum Building Size. Minimum building gross floor area shall be 100,000 square feet.

Miscellaneous Requirements.

Ancillary Uses. Ancillary uses may be permitted as included on the approved site plan. Such uses shall be included as part of the initial Conditional Use Permit requirements or shall be subject to new entitlement if proposed after the initial application has been filed.

Signs. Individual vendors shall not be permitted any outdoor signs, including temporary. Signs shall comply with the standards outlined in Chapter 233.

Parking. Parking shall comply with the standards outlined in Chapter 231.

(4040-12/14)

§ 230.52 Emergency Shelters.

Emergency shelters may be permitted subject to the following requirements:

A single emergency shelter for 50 occupants, or a combination of multiple shelters with a combined capacity not to exceed 50 occupants, shall be permitted. Religious assembly uses within an industrial zone may establish emergency shelters for up to 30 occupants provided they meet the minimum development standards of the zone in which they are located.

Stays at the emergency shelter facility shall be on a first-come first-serve basis with clients housed on-site. Clients must vacate the facility by 8:00 a.m. each day and have no guaranteed bed for the next night.

Maximum stay at the facility shall not exceed 120 days in a 365-day period.

A minimum distance of 300 feet shall be maintained from any other emergency shelter, as measured from the property line.

An on-site client intake and waiting area shall be provided in a location not adjacent to the public right-of-way, be fully screened from public view, and provide consideration for weather events including shade and rain cover. The waiting area shall contain a minimum area of 10 square feet per bed.

Any provision of on-site outside storage shall be fully screened from public view.

Exterior lighting shall be provided for the entire outdoor area of the site consistent with the Huntington Beach Zoning and Subdivision Ordinance.

A minimum of one staff person per 15 beds shall be awake and on duty during facility hours of operation.

On-site parking shall be provided at the ratio of one space per staff member, plus one space for every five beds and an additional one-half space for each bedroom designated for families with children.

A Safety and Security Plan shall be submitted to the Director of Community Development for review and approval. The site-specific Safety and Security Plan shall describe the following:

Both on-and off-site needs, including, but not limited to, the separation of individual male and female sleeping areas, provisions of family sleeping areas, and associated provisions of management.

Specific measures targeting the minimizing of client congregation in the vicinity of the facility during hours that clients are not allowed on-site. Goals and objectives are to be established to avoid disruption of adjacent and nearby uses.

Provisions of a system of management for daily admittance and discharge procedures.

Any counseling programs are to be provided with referrals to outside assistance agencies, and provide an annual report on a facility's activity to the City.

Clients are to be appropriately screened for admittance eligibility.

Refuse collections schedule to provide the timely removal of associated client litter and debris on and within the vicinity of the facility.

A proposed emergency shelter offering immediate and short-term housing may provide supplemental services to homeless individuals or families. These services may include, but are not limited to, the following:

An indoor and/or outdoor recreation area.

A counseling center for job placement, educational, health care, legal or mental services, or similar services geared toward homeless clients.

Laundry facilities to serve the number of clients at the shelter.

Kitchen for the preparation of meals.

Dining hall.

Client storage area (i.e., for the overnight storage of bicycles and personal items).

(3861-2/10, 4040-12/14, 4096-10/16)

§ 230.54 Smoke or Tobacco Shops.

Applicability. This section applies to all smoke or tobacco shops permitted within this Zoning and Subdivision Ordinance and for all applicable areas located within specific plans, subject to the following requirements:

Definitions.

Smoke or Tobacco Shop.

Any premises dedicated to the display, sale, distribution, delivery, or offering of tobacco, tobacco products, or tobacco paraphernalia, except grocery stores, supermarkets, convenience stores, or similar uses that only sell conventional cigars, cigarettes, e-cigarettes or tobacco as an accessory tobacco sale use. "Accessory tobacco sale use" means an accessory use at a grocery store, supermarket, convenience store, or similar primary use, where no more than 10% of a business' floor area is devoted to sales, display, and storage of conventional cigars, cigarettes, e-cigarettes or tobacco.

Tobacco Paraphernalia.

Cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products.

Tobacco Product.

Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

Youth-Populated Area.

A parcel in the City that is:

Occupied by a private or public kindergarten, elementary, middle, junior high, or high school;

Occupied by a licensed child-care facility or preschool as defined in California Health and Safety Code Section 1596.78;

Occupied by a library open to the public;

Occupied by a playground open to the public;

Occupied by a youth center;

Occupied by a recreational facility open to the public; or

Occupied by a park open to the public.

Minimum Standards.

Other Regulations. Compliance with all other state and federal laws regulating smoke or tobacco shops.

Residential Zone. Smoke or tobacco shops shall not be permitted in any locations zoned exclusively for residential uses.

Adjacent Uses. No smoke or tobacco shop shall be located within 1,000 feet of a hospital or youth-populated area. The distance requirement shall be measured by a straight line from the nearest point of the property line of the site of a youth-populated area to the nearest point of the property line of the site of the applicant's business premises.

Concentration of Uses. No smoke or tobacco shop shall be located within 1,000 feet of another smoke or tobacco shop. The distance requirement shall be measured by a straight line from the property lines of each use.

No Smoking on Premises. No smoking shall be permitted on the premises at any time.

Windows and Lighting. No more than 20% of the visible area of a window shall be obscured and adequate interior lighting levels shall be maintained during business hours to maintain clear visibility of tobacco shop operations from the exterior of the tenant space.

Signage. Smoke or tobacco shops shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke or tobacco shop. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.

Nonconforming Retailers. Existing smoke or tobacco shops that do not comply with this chapter may remain on site after the effective date of the ordinance and shall not be resumed, reestablished, or reopened after it has been abandoned, discontinued or changed to a conforming use. See Chapter 236, Nonconforming Uses and Structures.

(4332-4/15/2025)

§ 230.62 Building Site Required.

No building or structure shall be erected or moved onto any parcel of land in the City except on a lot certified in compliance with the Subdivision Map Act and local subdivision and zoning provisions at time of creation or on a parcel created as a result of a public taking. No building or structure shall be altered or enlarged to increase the gross floor area by more than 50% within any one-year period except on a legal building site.

(4040-12/14)

§ 230.64 Development on Substandard Lots.

Development on substandard lots shall be subject to approval of a Conditional Use Permit by the Zoning Administrator. A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use if it meets the following requirements or exceptions:

The lot must have been in single ownership separate from any abutting lot on the effective date of the ordinance that made it substandard. Two or more contiguous lots held by the same owner shall be considered as merged if one of the lots does not conform to the minimum lot size or width for the base district in which it is located.

A substandard lot shall be subject to the same yard and density requirements as a standard lot, provided that in an R district, one dwelling unit may be located on a substandard lot that meets the requirements of this section.

An existing legal lot comprising a minimum size of 5,000 square feet or greater and a minimum width of 50 feet or greater shall not be considered substandard for purposes of this section.

(4040-12/14)

§ 230.66 Development on Lots Divided by District Boundaries.

The standards applicable to each district shall be applied to the area within that district. No use shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use.

(4040-12/14)

§ 230.68 Building Projections Into Yards.

Projections into required yards shall be permitted as follows:

Allowable Projections in Feet^a
	Front Yard	Side Yard	Street Side Yard	Rear Yard
Fireplace or chimney	2.5	2.5^b	2.5	2.5
Cornice, eaves and ornamental features	3	2.5^b	3	3
Mechanical equipment	2	2^b	2^b	2
Uncovered porches, terraces, platforms, subterranean garages, decks, and patios not more than 3 feet in height serving only the first floor	6	3	4	5
Stairs, canopies, awnings and uncovered porches more than 3 feet in height	4	2^b	4	4^b
Bay windows	2.5	2.5^b	2.5	2.5
Balconies	3	2^b	3	3

Notes:
^a	No individual projection shall exceed 1/3 of the building length, and the total of all projections shall not exceed 2/3 of the building length on which they are located. Eaves are not subject to these limitations.
^b	A 30-inch clearance from the property line shall be maintained.

(4040-12/14, 4312-5/21/2024)

§ 230.70 Measurement of Height.

This section establishes standards for determining compliance with the maximum building height limits prescribed for each zoning district or as modified by an overlay district.

Datum (100) shall be set at the highest point of the curb along the front property line. If no curb exists, datum shall be set at the highest centerline of the street along the front property line.

The differential between top of subfloor and datum shall be a maximum of two feet as determined by Public Works. In the event that any subfloor, stemwall or footing is proposed greater than two feet above datum, the height in excess shall be deducted from the maximum allowable ridgeline height.

Lots with a grade differential of three feet or greater between the high point and the low point, determined before rough grading, shall be subject to Conditional Use Permit approval by the Zoning Administrator. Conditional Use Permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is compatible with adjacent development.

(4040-12/14)

§ 230.72 Exceptions to Height Limits.

Chimneys; vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas; parapet walls not more than four feet high; water tanks; fire towers; transmission antennas (including wireless communication facilities); radio and television antennas (except satellite dish antennas); and similar structures and necessary mechanical appurtenances (except wind driven generators) may exceed the maximum permitted height in the district in which the site is located by no more than 10 feet. The Zoning Administrator may approve greater height with a Conditional Use Permit. Within the coastal zone, exceptions to height limits may be granted only when public visual resources are preserved and enhanced where feasible.

(3334-6/97, 3568-9/02, 4040-12/14)

§ 230.74 Outdoor Facilities.

Permit Required. Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick up, shall be subject to approval of a Conditional Use Permit by the Zoning Administrator in the CG, IL, IG, CV and SP districts. Sidewalk cafés with alcoholic beverage service and/or outdoor food service accessory to an eating and drinking establishment shall be permitted subject to approval of a Conditional Use Permit by the Zoning Administrator in the CO, CG, CV, OS and SP districts, but no outdoor preparation of food or beverages shall be permitted.

Permit Conditions—Grounds for Denial. The Zoning Administrator may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties. If such impacts cannot be prevented, the Zoning Administrator shall deny the Conditional Use Permit application.

Exceptions. Notwithstanding the provisions of subsections A and B of this section, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted:

Nurseries, provided outdoor storage and display is limited to plants, new garden equipment and containers only; and

Vehicle/equipment sales and rentals, provided outdoor storage and display shall be limited to vehicles, boats, or equipment offered for sale or rent only; and

Vehicle storage, off-site auto sales uses and vehicle storage, recreation vehicles uses pursuant to the provisions of Section 211.04 and Section 212.04.

Screening. Outdoor storage and display areas for rental equipment and building and landscaping materials shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall.

(3525-2/02, 4040-12/14, 4197-3/20)

§ 230.76 Screening of Mechanical Equipment.

General Requirement.

Except as provided in subsection B of this section, all exterior mechanical equipment, except solar collectors and operating mechanical equipment in an I district located more than 100 feet from another zoning district boundary, shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers.

Screening of the top of equipment may be required by the Director, if necessary to protect views from an R or OS district. Rooftop mechanical equipment shall be set back 15 feet from the exterior edges of the building.

Utility Meters and Backflow Prevention Devices. Utility meters shall be screened from view from public rights-of-way. Electrical transformers in a required front or street side yard shall be enclosed in subsurface vaults or other location approved by the Director. Backflow prevention devices shall not be located in the front yard setback and shall be screened from view.

Screening Specifications. A mechanical equipment plan shall be submitted to the Director to ensure that the mechanical equipment is not visible from a street or adjoining lot.

(4040-12/14)

§ 230.78 Refuse Storage Areas.

Refuse storage area screened on three sides by a six-foot masonry wall and equipped with a gate, or located within a building, shall be provided prior to occupancy for all multifamily residential, commercial, industrial, and public/semipublic uses. Locations, horizontal dimensions, and general design parameter of refuse storage areas shall be as prescribed by the Director. The trash area shall not face a street or be located in a required setback. The design and materials used in such trash enclosures shall harmonize with the main structure.

(4040-12/14)

§ 230.80 Antennas.

Purpose. The following provisions are established to regulate installation of antennas to protect the health, safety, and welfare of persons living and working in the City and to preserve the aesthetic value and scenic quality of the City without imposing unreasonable limitations on, prevent the reception of signals, or imposing excessive costs on the users of the antennas.

Permit Required. Approval by the Director shall be required for the installation of an antenna or satellite antenna to ensure compliance with the locational criteria. Construction shall be subject to the provisions of the Uniform Building Code and National Electrical Code, as adopted by the City. Within the coastal zone, approval of a Coastal Development Permit shall be required for installation of any antenna that meets the definition of development in Section 245.04 unless it is exempt pursuant to Section 245.08.

Locational Criteria—Satellite Antennas. A satellite antenna may be installed on a lot in any zoning district if it complies with the following criteria:

Number. Only one satellite antenna may be permitted on a residential lot.

Setbacks. Interior side and rear property lines, 10 feet, except that no setback shall be required in interior side and rear setback areas if the antenna or satellite antenna does not exceed six feet in height. No antenna or satellite antenna shall be located in a required front yard. When roof mounted, the antenna or satellite antenna shall be located on the rear one-half of the roof.

Maximum Height.

The maximum height of a satellite antenna shall not exceed 10 feet if installed on the ground or the maximum building height for the district in which the satellite antenna is located, if roof mounted.

The maximum height of an antenna shall not exceed the maximum building height for the district in which the antenna is located.

Maximum Dimension. The maximum diameter of a satellite antenna shall not exceed 10 feet in all districts with the exception that the diameter may be increased in nonresidential districts if a Conditional Use Permit is approved by the Zoning Administrator.

Screening. The structural base of an antenna or satellite antenna, including all bracing and appurtenances, but excluding the antenna or dish itself, shall be screened from public view and adjoining properties by walls, fences, buildings, landscape, or combinations thereof not less than seven feet high so that the base and support structure are not visible from beyond the boundaries of the site at a height-of-eye six feet or below.

Undergrounding. All wires and/or cables necessary for operation of the antenna or satellite antenna or reception of the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna or satellite antenna.

Surface Materials and Finishes. No advertising or text or highly reflective surfaces shall be permitted.

Exception. Requests for installation of an antenna or satellite antennas on sites that are incapable of receiving signals when installed pursuant to the locational criteria may be permitted subject to Conditional Use Permit approval by the Zoning Administrator. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area, is necessary for the reception of usable antenna or satellite signals. Applications shall be approved upon finding that the aesthetic value and scenic quality of the City is preserved, pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 241.

(3334-6/97, 3568-9/02, 4040-12/14)

§ 230.82 Performance Standards for All Uses.

Applicability and Compliance. The development standards set forth in this section apply to every use classification in every zoning district unless otherwise specifically provided. The Director may require evidence of ability to comply with development standards before issuing an entitlement.

Air Contaminants. Every use must comply with rules, regulations and standards of the South Coast Air Quality Management District (SCAQMD). An applicant for a zoning permit or a use, activity, or process requiring SCAQMD approval of a permit to construct must file a copy of the SCAQMD permit with the Director. An applicant for a use, activity, or process that requires SCAQMD approval of a permit to operate must file a copy of such permit with the Director within 30 days of its approval.

Water Quality. Every use must comply with rules, regulations and standards of the federal government; State and Regional Water Quality Control Boards; Orange County Municipal NPDES stormwater permit (Santa Ana Regional Water Quality Control Board Order No. R8-2009-0030, dated May 22, 2009, or any amendment to or re-issuance thereof); the City of Huntington Beach Municipal Codes, including Chapters 14.24, 14.25, and 17.05; and the California Coastal Act, where applicable. An applicant for a zoning permit, building permit, or a Coastal Development Permit must demonstrate compliance with aforementioned rules, regulations and standards prior to permit approval. General Plan and Local Coastal Program goals, objectives and policies shall be incorporated into water quality management programs prepared for development projects as applicable and to the maximum extent practicable. A Water Quality Management Plan, prepared by a registered California civil engineer, shall be required for all projects that may adversely impact water quality (including, but not limited to projects identified in the Orange County Municipal NPDES storm-water permit as priority development projects and projects creating more than 2,500 square feet of impervious surface that are within 200 feet of, or drain directly to, resource protection areas, and/or water bodies listed on the Clean Water Act Section 3030(d) list of impaired waters).

Storage on Vacant Lot. A person may not store, park, place, or allow to remain in any part of a vacant lot any unsightly object. This does not apply to building materials or equipment for use on the site during the time a valid building permit is in effect for construction on the premises.

Archaeological/Cultural Resources.

Within the coastal zone, applications for grading or any other development that have the potential to impact significant archaeological/cultural resources shall be preceded by a Coastal Development Permit application for implementation of an Archaeological Research Design (ARD). This is required when the project site contains a mapped archaeological site, when the potential for the presence of archaeological/cultural resources is revealed through the CEQA process, and/or when archaeological/cultural resources are otherwise known or reasonably suspected to be present. A Coastal Development Permit is required to implement an ARD when such implementation involves development (e.g., trenching, test pits, etc.). No development, including grading, may proceed at the site until the ARD, as reflected in an approved Coastal Development Permit, is fully implemented. Subsequent development at the site shall be subject to approval of a Coastal Development Permit and shall be guided by the results of the approved ARD.

Archaeological Research Design (ARD). The ARD shall be designed and carried out with the goal of determining the full extent of the on-site archaeological/cultural resources and shall include, but not be limited to, postulation of a site theory regarding the archaeological and cultural history and pre-history of the site, investigation methods to be implemented in order to locate and identify all archaeological/cultural resources on-site (including but not limited to trenching and test pits), and a recognition that alternative investigation methods and mitigation may become necessary should resources be revealed that indicate a deviation from the initially espoused site theory. The ARD shall include a Mitigation Plan based on comprehensive consideration of a full range of mitigation options based upon the archaeological/cultural resources discovered on-site as a result of the investigation. The approved ARD shall be fully implemented prior to submittal of any Coastal Development Permit application for subsequent grading or other development of the site. The ARD shall also include recommendations for subsequent construction phase monitoring and mitigation should additional archaeological/cultural resources be discovered.

The ARD shall be prepared in accordance with current professional practice, in consultation with appropriate Native American groups as identified by the Native American Heritage Commission (NAHC) and the State Historic Preservation Officer, subject to peer review, approval by the City of Huntington Beach, and, if the application is appealed, approval by the Coastal Commission. The peer review committee shall be convened in accordance with current professional practice and shall be comprised of qualified archaeologists.

Mitigation Plan. The ARD shall include appropriate mitigation measures to ensure that archaeological/cultural resources will not be adversely impacted. These mitigation measures shall be contained within a Mitigation Plan. The Mitigation Plan shall include an analysis of a full range of options from in-situ preservation, recovery, and/or relocation to an area that will be retained in permanent open space. The Mitigation Plan shall include a good faith effort to avoid impacts to archaeological/cultural resources through methods such as, but not limited to, project redesign, capping, and placing an open space designation over cultural resource areas.

A Coastal Development Permit application for any subsequent development at the site shall include the submittal of evidence that the approved ARD, including mitigation, has been fully implemented. The Coastal Development Permit for subsequent development of the site shall include the requirement for a monitoring plan for archaeological and Native American monitoring during any site grading, utility trenching or any other development activity that has the potential to uncover or otherwise disturb archaeological/cultural resources as well as appropriate mitigation measures for any additional resources that are found. The monitoring plan shall specify that archaeological monitor(s) qualified by the California Office of Historic Preservation (OHP) standards, and Native American monitor(s) with documented ancestral ties to the area appointed consistent with the standards of the Native American Heritage Commission (NAHC) shall be utilized. The monitoring plan shall include, but not be limited to: (a) procedures for selecting archaeological and Native American Monitors; (b) monitoring methods; (c) procedures that will be followed if additional or unexpected archaeological/cultural resources are encountered during development of the site including, but not limited to, temporary cessation of development activities until appropriate mitigation is determined.

Furthermore, the monitoring plan shall specify that sufficient archaeological and Native American monitors must be provided to ensure that all activity that has the potential to uncover or otherwise disturb cultural deposits will be monitored at all times while those activities are occurring. The monitoring plan shall be on-going until grading activities have reached sterile soil.

The subsequent mitigation shall be prepared in consultation with Native American Heritage Commission (NAHC), Native American trial group(s) that have ancestral ties to the area as determined by the NAHC, and the State Historic Preservation Officer, subject to peer review.

All required plans shall be consistent with the City of Huntington Beach General Plan and Local Coastal Program and in accordance with current professional practice, including but not limited to that of the California Office of Historic Preservation and the Native American Heritage Commission, and shall be subject to the review and approval of the City of Huntington Beach and, if appealed, the Coastal Commission.

(3835-7/09, 3903-12/10, 4040-12/14)

§ 230.84 Dedication and Improvements.

Dedication Required. Prior to issuance of a building permit, or prior to the use of land for any purpose, all real property shall be dedicated or irrevocably offered for dedication which the City requires for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, all streets and alleys shall be improved, or an agreement entered into for such improvements including access rights and abutters' rights, drainage, public utility easements, and other easements.

Exceptions. Dedication shall not be required prior to issuance of a building permit for:

Interior building alterations which do not exceed a third of the value of a building, as defined in the Uniform Building Code, and which effect no change of occupancy.

Exterior building alterations or additions for a residential use which do not exceed a third of the value of the building, as defined in the Uniform Building Code, and add no additional residential units.

Fences and walls.

Temporary uses, as specified in this Code.

Horticultural Uses. The dedication herein required may be reviewed at the time of entitlement. Upon request by the applicant, a temporary postponement, not to exceed one year, may be granted upon consideration of the following criteria:

Type of horticultural use proposed.

Duration (temporary or permanent).

Vehicular access and effect of the proposed use on traffic in the vicinity of the site.

Relationship between the proposed requirements and an anticipated expanded use.

Dedication shall not be required for any purpose not reasonably related to such horticultural use.

Dedication Determinants. Right-of-way dedication width shall be determined by either of the following:

Department of Public Works standard plans; or

A precise plan of street, highway or alley alignment.

Improvements.

No building permit shall be issued by the Building Division until an application for permit has been filed, street improvement plans and specifications have been submitted for plan check, and all fees, established by resolution of the City Council, have been paid. The Building Division shall issue such building permit after determining that the work described in the application and the accompanying plans conforms to requirements of the Huntington Beach Building Code and other pertinent laws and ordinances.

The Building Division shall make a frame inspection, as required by the Huntington Beach Building Code, at which time all off-site improvements, including curbs, gutters, and street paving, shall be completed.

Improvements required by this Code may be deferred in the following instances and upon adherence to the following requirements and regulations:

Where the grade of the abutting right-of-way has not been established prior to the time when on-site structures qualify for final release for occupancy.

Where a drainage system would be delayed by the installation of improvements.

Where an agreement is entered into with the City to install improvements by a date certain, said agreement shall be secured by a bond or deposit equal to 150% of the City's estimate (including inflation estimates) of the required improvements. Such bond or cash shall be deposited with the City Treasurer.

Where the developer has agreed with the City in writing that the deposit required by paragraph 3 of this subsection may be used by the City after an agreed upon time to complete the required improvements, the remainder of such deposit, if any, shall be returned to the developer upon completion of such improvements by the City.

The Director of Public Works is authorized to receive applications from persons desiring waivers of street improvement requirements and to enter into the necessary written agreements with such applicants. A nonrefundable fee set by resolution of the City Council shall accompany such application.

Where construction is limited to one lot and the erection of a detached single-family dwelling thereon, street improvements shall include curb, gutter, sidewalk, street trees, street lights, sewer and water main extensions, and 10 feet of street paving to meet Department of Public Works standards. Where necessary, temporary paving shall be installed to join existing street improvements.

(4040-12/14)

§ 230.86 Seasonal Sales.

A temporary sales facility for the sale of seasonal products including Christmas trees, Halloween pumpkins, or a single-season agricultural product not grown on-site are permitted adjacent to any arterial highway in any district and on all church or school sites as a temporary use approved by the Director and in compliance with the following:

Time Limit.

A Christmas tree sales facility shall not be open for business during any calendar year prior to Thanksgiving.

A Halloween pumpkin sales facility shall not be open for business during any calendar year prior to October 1st.

A single agricultural product sales facility shall be approved for a period of time not to exceed 90 days.

Merchandise to Be Sold. A permitted Christmas tree or Halloween pumpkin sales facility may not sell items not directly associated with that season. Only one single-season agricultural product may be sold at any one time.

Site Standards.

Storage and display of products shall be set back not less than 10 feet from edge of street pavement, and shall not encroach into the public right-of-way.

A minimum of 10 off-street parking spaces shall be provided.

Ingress and egress to the site shall be reviewed by the Department of Public Works to ensure that no undue traffic safety hazard will be created.

Temporary structures shall comply with Building Division standards.

Electrical permit shall be obtained if the facility is to be energized.

The facility shall comply with fire prevention standards as approved and enforced by the Fire Chief.

Bond Required. Prior to issuance of a business license and approval by the Director, a $500.00 cash bond shall be posted with the City to ensure removal of any structure, cleanup of the site upon termination of the temporary use, and to guarantee maintenance of the property. A bond shall not be required for a seasonal sales facility operated in conjunction with a use on the same site.

Removal of Facility. The seasonal sales facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment within 10 calendar days of Halloween, Christmas, or the expiration of the time limit for single-season agricultural product.

(4040-12/14)

§ 230.88 Fencing and Yards.

No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B, C and D are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as specified.

Permitted Fences and Walls.

Fences or walls a maximum of 42 inches in height may be located in any portion of a lot. Fences or walls exceeding 42 inches in height may not be located in the required front yard, except as permitted elsewhere in this section.

Fences or walls a maximum of eight feet in height may be located in required side and rear yards, except as excluded in this section. Fences or walls exceeding eight feet in height may be located in conformance with the yard requirements applicable to the main structure except as provided for herein or in the regulations of the district in which they are located. Fences or walls exceeding six feet in height or extensions to existing walls shall require submittal of engineering calculations to the Building and Safety Division.

Fences and walls located adjacent to arterials along the rear and/or street side yard property lines, and behind the front setback, may be constructed to a maximum total height of eight feet including retaining wall with the following:

The proposed building materials and design shall be in conformance with the Urban Design Guidelines.

ii.

The property owner shall be responsible for the care and maintenance of landscape area(s) and wall(s) and required landscape area(s).

iii.

Approval from Public Works Department.

Exception. A maximum two-foot lattice extension (wood or plastic) that is substantially (minimum 50%) open may be added to the top of the six foot high wall or fence on the interior property line without building permits.

Fences or walls in the rear yard setback area of a through lot shall not exceed 42 inches in height. This subsection shall not apply to lots abutting arterial highways.

Retaining walls shall comply with the following:

Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.

Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two feet or less or protects a cut below the existing grade, such retaining wall may be topped with a six-foot decorative masonry wall. The maximum height of the wall, including retaining wall, shall not exceed eight feet.

Where a retaining wall is on the property line of a rear yard abutting a local street, the maximum retaining wall height shall be 24 inches as measured from the adjacent curb and may be topped with a maximum 18-inch decorative wall or fence for a total height of 42 inches.

The maximum height of a retaining wall on the front property line shall be 36 inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a maximum 42-inch high wall or fence may be erected above the retaining wall with a minimum three-foot setback from the front property line.

ii.

In the RMH-A subdistrict, the maximum height of a retaining wall on the front property line shall be 18 inches as measured from the top of the highest adjacent curb. Subject to the Director's approval, a second retaining wall up to 18 inches in height may be erected above the 18-inch high retaining wall with a minimum three-foot front setback. A wall or fence up to 42 inches in height may be erected on top of the retaining wall with the minimum three-foot front setback (see exhibit below).

Retaining wall and fence combinations over eight feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence.

The height of any fence, wall or hedge located in the front yard setback shall be measured from top of the highest adjacent curb. All other fence heights shall be measured from existing grade.

In the industrial districts, nine-foot-high fences may be permitted in the side and rear setbacks up to the front building line.

Deviations from the maximum height requirements for walls as prescribed by this section may be permitted subject to an approval of Conditional Use Permit by the Zoning Administrator.

Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore.

Required Walls.

When office, commercial or industrial uses abut property zoned or used for residential, a minimum six-foot-high solid six-inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection from vehicle damage shall be provided. The maximum fence height shall be eight feet at the common property line.

Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six-inch-wide decorative masonry block, and designed with landscape pockets at 35-foot intervals along the street side sufficient in size to accommodate at least one 15-gallon tree.

Visibility.

On reverse corner lots and corner lots abutting an alley, no fence, wall or hedge greater than 42 inches in height may be located within the triangular area formed by measuring 10 feet from the intersection of the rear and street side property lines (see Diagram C).

On corner lots, no fence, wall, landscaping, berming, sign, or other visual obstruction between 42 inches and seven feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring 25 feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven feet shall be permitted (see Diagram A).

Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of 42 inches and seven feet within a triangular area formed by measuring 10 feet from intersecting driveways or street/alley and driveway except in situations where the garage is constructed with less than a 10-foot setback from the alley right-of-way. In those situations the measurement of the visibility triangle shall start at each corner or side of the garage door, measured perpendicular to the rear property line, then measured 10 feet away from the edge of the garage door and parallel to the rear property line (typically the alley right-of-way). The maximum height of any structures or landscaping within this triangular zone shall be 42 inches high (see Diagram D).

Diagram A

Street/Alley

Diagram B

Diagram D

(3334-6/97, 3410-3/99, 3525-2/02, 3710-6/05, 3730-3/06, 4040-12/14, 4312-5/21/2024)

§ 230.90 Contractor Storage Yards/Mulching Operation.

Contractor storage yards in conjunction with public facility improvement contracts, and mulching operations on unimproved public or private property may be permitted subject to the following:

Initial approval shall be for a maximum of two years. The use shall be eligible for a maximum of three one-year extensions by the Planning Commission.

The development shall comply with parking, access and setback requirements contained in Chapter 231.

(4040-12/14)

§ 230.92 Landfill Disposal Sites.

Excavation of landfills or land disposal sites shall be subject to the requirements of this section. These provisions are not intended to apply to grading and surcharging operations, permitted under Appendix Chapter 70 of the Uniform Building Code. Permits for grading on previously approved development projects shall be subject to approval of the Director.

Land Disposal Site/Definitions. The following words and phrases shall be construed as defined herein unless a different meaning is apparent from the context:

Excavation. Any activity and/or movement of material which exposes waste to the atmosphere.

Land Disposal Site. Any site where land disposal of Group I, II or III waste, as defined by the California Administrative Code, has been deposited either legally or illegally on or into the land, including but not limited to landfill, surface impoundment, waste piles, land spreading, dumps, and coburial with municipal refuse.

Operations Plan.

No person shall conduct any excavation activity at any land disposal site in the City of Huntington Beach without first submitting to the City an operations plan approved by the Director. Such plan shall include complete information regarding the identity, quantity and characteristics of the material being excavated, including a chemical analysis performed by a laboratory acceptable to the City, together with the mitigation measures that will be used to ensure that health hazards, safety hazards, or nuisances do not result from such activity.

Mitigation measures contained in the operations plan may include gas collection and disposal of waste, encapsulation, covering waste, chemical neutralization, or any other measures deemed necessary by the City.

Ambient air quality monitoring, as well as other monitoring or testing deemed reasonably necessary, shall be included in the operations plan.

Approval of Operations Plan.

The City shall not approve an operations plan unless such plan includes provisions for the immediate cessation of excavation activity when the operator, or any agent thereof, of a land disposal site has been notified by the City that a nuisance, health, or safety hazard has or is about to occur as a result of such activity therein.

Upon determination by any government agency that a nuisance, safety, or health problem exists on any land disposal site in the City, mitigation measures, contained in the operations plan, shall be implemented immediately.

Hazardous Waste Sites. For any land disposal site determined to be a hazardous waste site by the State Department of Toxic Substances Control and/or the City of Huntington Beach, the following additional measures shall be taken prior to excavation of such site:

All property owners within a half-mile radius of the site shall receive written notice of all public hearings to be held regarding proposed excavation on the site. The cost of preparing and mailing such notice shall be paid by the operator/applicant.

A type of bond, acceptable to the City Attorney, shall be posted by the operator/applicant ensuring that necessary funds are available to restore the site to a safe condition if excavation is prematurely terminated.

Excavation of the site shall be performed in accordance with the requirements of the State Department of Health Services, and any other public agency with jurisdiction over hazardous waste sites.

Operations Plan Contents. The operations plan shall contain the following:

A plan establishing lines of authority and responsibility between public agencies and the operator/applicant, or his/her agents, during excavation. The plan shall contain specific procedures to be followed by all responsible parties involved with the excavation.

A plan containing specific measures to monitor air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site. If deemed necessary by the State Department of Toxic Substances Control, the plan shall also include specific measures for evacuation of residents in the vicinity of the site.

A plan showing specific routes for vehicles transporting hazardous wastes from the site.

A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely.

Exemptions. The following activities shall be exempt from the requirements of this section unless otherwise determined by the Director:

The drilling of holes up to 24 inches in diameter for telephone or power transmission poles or their footings.

The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems.

Any excavation activity which has been determined by the Director to pose an insignificant risk, or any activity which has been covered sufficiently in a plan prepared for any other agency having jurisdiction over the site.

Excavation Activity Prohibited.

No person shall excavate at any land disposal site in the City of Huntington Beach unless he or she first certifies that all applicable regulations of other public agencies with jurisdiction over hazardous waste sites have been met.

Compliance with the provisions of this section shall not exempt any person from failing to comply with the requirements of the California Health and Safety Code, and any other applicable codes, rules or regulations.

(3710-6/05, 4040-12/14)

§ 230.94 Carts and Kiosks.

Carts and kiosks may be permitted on private property zoned for commercial purposes, subject to approval by the Community Development Director and compliance with this section. Carts and kiosks may be permitted as a temporary use on public property subject to specific event approval pursuant to Chapter 5.68.

Location and Design Criteria. Cart and kiosk uses shall conform to the following:

No portion of a cart or kiosk shall overhang the property line.

The cart or kiosk shall not obstruct access to or occupy a parking space; obstruct access to a parked vehicle, impede the delivery of materials to an adjoining property, interfere with access to public property or any adjoining property, or interfere with maintenance or use of street furniture. If any existing parking spaces will be displaced or partially or totally blocked by the proposed cart or kiosk, those spaces must be replaced on-site at a one-to-one (1:1) ratio.

The cart or kiosk shall not exceed a maximum of four feet in width excluding any wheels, eight feet in length including any handle, and no more than six feet in height excluding canopies, umbrellas or transparent enclosures unless a larger size is approved.

A limit of one cart or kiosk shall be allowed for each commercial business that meets the above locational and design criteria.

Factors to Consider. The following factors shall be considered regarding the location and the design of cart or kiosk uses including:

Appropriateness of the cart or kiosk design, color scheme, and character of its location;

Appropriateness and location of signing and graphics;

The width of the sidewalk or pedestrian accessway;

The proximity and location of building entrances;

Existing physical obstructions including, but not limited to signposts, light standards, parking meters, benches, phone booths, newsstands, utilities and landscaping;

Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck loading zones, taxi stands, hotel zones, passenger loading or parking spaces;

Pedestrian traffic volumes; and

Handicapped accessibility.

Operating Requirements—Provisions and Conditions.

During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan.

A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles.

The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach Municipal Code prior to the establishment of the use.

All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply.

The prices of items sold from a cart or kiosk must appear in a prominent, visible location in legible characters. The price list size and location shall be reviewed and approved by the Community Development Director.

The sale of alcoholic beverages shall be prohibited.

The number of employees at a cart or kiosk shall be limited to a maximum of two persons at any one time.

Fire extinguishers may be required at the discretion of the Fire Department.

All cart and kiosk uses shall be self contained for water, waste, and power to operate.

10.

A cart or kiosk operator shall provide a method approved by the Community Development Director for disposal of business related wastes.

Parking. Additional parking may be required for cart or kiosk uses by the Community Development Director.

Review; Revocation. The Community Development Department shall conduct a review of the cart or kiosk operation at the end of the first six-month period of operation. At that time, if there has been a violation of the terms and conditions of this section or the approval, the approval shall be considered for revocation.

Neighborhood Notification. Pursuant to Chapter 241.

(3249-6/95, 3482-12/00, 3525-2/02, 4040-12/14, 4096-10/16)

§ 230.96 Wireless Communication Facilities.

Purpose. This section of the Zoning Code is to protect public safety, general welfare, and quality of life by regulating the location, height and physical characteristics and provide for orderly and efficient placement of Wireless Communication Facilities in the City of Huntington Beach.

Because of the potential negative aesthetic impacts of Wireless Communication Facilities, including visual blight and diminution of property value, the City endeavors to locate antennas within commercial, industrial and other non-residential zones, screen them from view, and encourage co-location with other Wireless Communication Facilities. However, the Federal Telecommunications Act, specifically 47 U.S.C. Section 332(c)(7), preempts local zoning where a wireless Facility is necessary to remedy a significant gap in the wireless provider's service. Consequently, where the City determines that the Facility does not satisfy City planning and zoning standards, the wireless provider may then choose to establish Federal preemption because (i) a significant gap in wireless coverage exists, and (ii) there is a lack of feasible alternative site locations. A myriad of factors are involved in determining if a gap is significant, such as: whether the gap affects a commuter highway; the nature and character of the area and the number of potential users affected by the alleged lack of service; whether the signal is weak or nonexistent and whether the gap affects a commercial district. Consequently, the City will require scientific evidence from an expert in the field demonstrating the existence of a significant gap in service, and a lack of feasible alternative sites. The applicant will be required to pay for the cost of said expert opinion.

Definitions. For the purpose of this section, the following definitions for the following terms shall apply:

Accessory Structure.

Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a Wireless Communication Facility.

City Property.

Property owned by the City of Huntington Beach, excluding any public right-of-way.

Co-Location or Co-Located.

The location or placement of multiple Wireless Communication Facilities which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building.

Completely Stealth.

Any Wireless Communication Facility that has been designed to completely screen all aspects of the Facility including appurtenances and equipment from public view. Examples of completely stealth facilities may include, but are not limited to, architecturally screened roof-mounted antennas, façade-mounted antennas treated as architectural elements to blend in with the existing building, church steeples, fire towers, and flag poles and light standards of a typical diameter.

Data Collection Unit ("DCU").

A Wireless Communication Facility comprised of a collection unit, a solar panel and whip antennas used for receiving and/or transmitting wireless signals from distributed gas and water data collector meters, which is a stand-alone Facility not connected via fiber optic or other physical wiring to any other Facility. No Wireless Communication Facility operated by an electric corporation, a telephone corporation, a personal wireless service provider, a commercial mobile service provider or a mobile telephone service provider shall be considered a DCU.

Size: Solar panels not larger than seven square feet, whip antennas not longer than 40 inches, and collection units not larger than 1.5 cubic feet. DCUs shall be designed to blend into the surrounding environment and minimize the visual appearance by matching the color of the poles or buildings where the DCU is located.

Ground-Mounted Facility.

Any Wireless Antenna that is affixed to a pole, tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna.

Microwave Communication.

The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the three GHz to 300 GHz frequency spectrum).

Modified Facility.

An existing Wireless Communication Facility where the antennas and/or supporting structure are proposed to be altered in any way from their existing condition, including like-for-like replacement but excluding co-location.

Pre-existing Wireless.

Any Wireless Communication Facility for which a building permit or conditional use permit has been properly issued prior to the effective date of this section, including permitted Wireless Antennas that have not yet been constructed so long as such approval is current and not expired.

Public Right-of-Way.

The area across, along, beneath, in, on, over, under, upon, and within the dedicated public alleys, boulevards, courts, lanes, places, roads, sidewalks, streets, ways, private streets with public access easements within the City's boundaries, and City owned properties, as they now exist or hereafter will exist.

Roof Mounted.

Any Wireless Antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower.

Small Cell Site.

Equipment at a node/location that transmits and/or provides connection to a mobile communication system. Visible equipment at a small cell site shall be no larger than four cubic feet per location/site (excluding antennae) with a maximum of two antennas per location/site and may be affixed to an existing pole including a light standard. In addition, to qualify as a Small Cell Site, it must comply with Public Works design standards.

Stealth Techniques.

Any Wireless Communication Facility, including any appurtenances and equipment, which is designed to blend into the surrounding environment. Examples of stealth technique include, but are not limited to, monopalms/monopines.

Utility Mounted.

Any Wireless Antenna mounted to an existing aboveground structure specifically designed and originally installed to support utilities, such as, but not limited to, electrical power lines, cable television lines, telephone lines, non-commercial wireless service antennas, radio antennas, street lighting but not traffic signals, recreational facility lighting, or any other utility which meets the purpose and intent of this definition.

Wall Mounted.

Any Wireless Antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna (including the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted.

Wireless Communication Facility or Facility or Wireless Antenna.

Any antenna, structure, or device any way named and any appurtenant facilities or equipment that transmits electronic waves or is used for the transmission or receipt of waves or signals that are used in connection with the provision of wireless communication service, including, but not limited to, Small Cell Sites, digital, cellular and radio service.

Applicability. This section shall apply to all Wireless Communication Facilities which are erected, located, placed or modified within the City of Huntington Beach.

Exceptions. The following Wireless Communication Facilities shall be exempt from this section.

Any Facility, which is subject to a previously approved and valid entitlement, may be modified within the scope of the applicable permit without complying with these regulations. However, modifications outside the scope of a valid entitlement or any modification to an existing Facility that has not been approved or entitled is subject to the requirements of the City's existing wireless ordinance.

Any antenna structure that is one meter (39.37 inches) or less in diameter that is designed to receive direct broadcast satellite service, including direct-to-home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof.

Any antenna structure that is two meters (78.74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna.

Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive multipoint distribution service, provided that no part of the antenna structure extends more than five feet above the principle building on the same lot.

Any antenna structure used by authorized amateur radio stations licensed by the FCC.

Any data collection unit (DCU) on existing poles, or on any new poles within the public right-of-way or on City property. DCUs shall comply with setback and height requirements for the zone in which they are located. In addition, all DCUs must comply with all City Municipal Code requirements, including, but not limited to, Chapter 12.38 regarding encroachments and Chapter 17.64 regarding undergrounding of utilities. DCUs shall be at least 500 feet from another DCU within the same network.

Process to Install and Operate Wireless Communication Facilities. No Facility shall be installed anywhere in the City without first securing either a wireless permit or a conditional use permit as required below.

Wireless Permit Application. The applicant shall initially apply to the Community Development Department or the Public Works Department for a wireless permit.

If the request is to install a Wireless Communication Facility on a City owned facility including the public right-of-way, the applicant shall submit a completed wireless permit application ("application") and pay all required fees to the Public Works Department. All other wireless permit applications shall be submitted to the Community Development Department. The application shall be in the form approved by the Community Development Director or the Public Works Director, and at a minimum shall provide the following information:

Precise location of the Facility.

Evidence that the Facility is compatible with the surrounding environment or that the Facility is architecturally integrated into a structure.

Evidence that the Facility is screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures as measured from beyond the boundaries of the site at eye level (six feet).

Evidence that the massing and location of the proposed Facility are consistent with surrounding structures and zoning districts.

Evidence that no portion of the Facility will encroach over property lines.

Property owner authorization or evidence of fee ownership of property where the Facility will be installed. In the case of City owned property or any public right-of-way, the applicant shall provide a license, lease, franchise, or other similar agreement from the City to place any Facility over, within, on, or beneath City property or right-of-way.

Locations of all other Wireless Antennas within 1,000 feet of a proposed ground-mounted Facility. Co-location of ground mounted facilities shall be required where feasible whenever such a Facility is proposed within 1,000 feet of any existing Wireless Antenna.

Any other relevant information as required by the Director of Community Development or the Director of Public Works.

The Community Development Department or Public Works Department will initially review and determine if the application is complete. The City may deem the application incomplete and require re-submittal if any of the above information is not provided.

Director Approval. Following submittal of a complete application, the City will determine whether the Facility may be approved by the Community Development Director or Public Works Director or whether a conditional use permit or other entitlement is required. Wireless permit applications will be processed based upon the location and type and size of antennas defined herein. Although said classifications are assigned at project intake, a re-evaluation of antenna classifications may occur at any point in the process including at the time of review by the Director, Zoning Administrator, Planning Commission or City Council.

A Facility not subject to any other discretionary approval may be administratively approved by the Director by issuing a wireless permit if it is:

Co-located on an existing approved wireless Facility, does not exceed the existing Wireless Facility heights, and employs stealth techniques such that the co-located wireless Facility is compatible with surrounding buildings and land uses; or

A modified Facility that complies with the base district height limit plus up to an additional 10 feet of height as permitted in Section 230.72 and compatible with surrounding buildings and land uses by incorporating stealth techniques; or

A Facility that complies with the base district height limit plus up to an additional 10 feet of height as permitted in Section 230.72, is completely stealth and is not ground or utility mounted; or

A Small Cell Site.

The Director may require conditions of approval of the Wireless Communication Facility in order to minimize adverse health, safety and welfare impacts (including aesthetic impacts) to the community.

A decision of the Director to grant a wireless permit shall become final 10 days following the date of the decision unless an appeal to the Planning Commission is filed as provided in Chapter 248 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO).

The Director shall issue findings of approval that the Facility meets the above criteria and is not a detriment to the health, safety and welfare of the community.

Zoning Administrator Approval. In the event the Director determines that the applicant does not meet the requirements for Director approval of a wireless permit, then the applicant must apply for a conditional use permit (CUP) to the Zoning Administrator pursuant to Chapter 241 of the HBZSO.

Notwithstanding any other provisions of the HBZSO, any new ground, or utility-mounted wireless facilities shall be required to obtain a CUP.

The Zoning Administrator may require as a condition of approval that the applicant minimize adverse impacts to the community including aesthetic visual impacts by incorporating one or more of the following into project design and construction:

Completely stealth installations;

Stealth techniques;

Co-location and locating facilities within existing building envelopes;

Colorization or landscaping to minimize visual prominence; and/or

Removal or replacement of facilities that are obsolete.

Further conditions of approval of a CUP may be imposed as provided in Chapter 241 of the HBZSO. The Zoning Administrator's decision may be appealed to the Planning Commission in accordance with Chapter 248 of the HBZSO.

Design Review. Design review shall be required for any Wireless Communication Facilities pursuant to the HBZSO. In addition, Wireless Communication Facilities located on public rights-of-way and on or within 300 feet of a residential district or use in the City shall be required to obtain design review approval.

Notwithstanding any other provisions of the HBZSO, design review is not required for Wireless Communication Facilities (including Small Cell Sites) that may be approved by the Director pursuant to Subsection E.2 (Director Approval) above and have all appurtenant facilities and equipment located underground or within an existing building or existing enclosure.

Applicant May Assert Federal Preemption at Time of Appeal to Planning Commission.

If the decision on the wireless permit or conditional use permit is appealed (either by applicant or an aggrieved party) to the Planning Commission, the applicant may assert that Federal law preempts the City from denying the application because denial would effectively prohibit wireless service. The applicant shall pay a Denial of Effective Service appeal fee in an amount to be established by City Council resolution, which amount shall be the estimated cost for the City to retain an independent, qualified consultant to evaluate any technical aspect of a proposed Wireless Communication Facility, including, but not limited to, issues involving whether a significant gap in coverage exists. A Denial of Effective Service appeal must be submitted prior to the expiration of the appeal period for a wireless permit or conditional use permit.

The Director shall establish the form of the Denial of Effective Service appeal. At a minimum, the applicant shall provide the following information as part of the appeal:

In order to prevail in establishing a significant gap in coverage claim the applicant shall establish at minimum the following based upon substantial evidence:

Evidence demonstrating the existence and nature of a significant gap in service in the vicinity of the proposed Facility, including, but not limited to, whether the gap pertains to residential in-building, commercial in-building coverage, in-vehicle coverage, and/or outdoor coverage.

Evidence demonstrating that the applicant has pursued other feasible sites for locating the Facility, but that they are unavailable on commercially practicable terms.

Evidence demonstrating the radio frequency signal strength transmission requirements and objectives that the applicant has established for the Southern California region, and for the City of Huntington Beach.

Radio frequency propagation maps demonstrating actual transmission levels in the vicinity of the proposed Facility site, and any alternative sites considered.

Radio frequency drive tests demonstrating actual transmission levels in the vicinity of the proposed Facility site, and any alternative sites considered.

Reports regarding the applicant's monthly volume of mobile telephone calls completed, not completed, dropped, handed-off, not handed-off, originated and not originated for the signal area to be covered by the proposed Facility.

Any proprietary information disclosed to the City or the consultant is deemed not to be a public record, and shall remain confidential and not be disclosed to any third party without the express consent of the applicant, unless otherwise required by law. In the event the applicant does not provide this information, the City may conclusively presume that no Denial of Effective Service exists.

All of the information noted above shall be submitted to the City within 30 days of the filing of the Denial of Effective Service appeal unless an extension is granted by the Director.

The Denial of Effective Service appeal shall be considered concurrently with the wireless permit or CUP appeal hearing before the Planning Commission. Prior to the scheduling of the public hearing on the wireless permit or CUP appeal, the City Attorney shall be authorized to issue administrative subpoenas to compel production of such documents, testimony and other evidence relevant to the applicant's Denial of Effective Service claims.

Wireless Communication Facility Standards. The following standards shall apply to all Wireless Communication Facilities:

Screening. All screening used in conjunction with a wall or roof-mounted Wireless Antenna shall be compatible with the architecture of the building or other structure to which it is mounted, including color, texture and materials. All ground or utility-mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure.

Equipment/Accessory Structures. All equipment associated with the operation of the Wireless Antenna, including but not limited to transmission cables, shall be screened in a manner that complies with the development standards of the zoning district in which such equipment is located and Section 230.76. Screening materials and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. Chain link fencing and barbed wire are prohibited.

General Provisions. All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines.

Building Codes. To ensure the structural integrity of Wireless Communication Facilities, the owners of a Facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time.

Co-Location. Co-location of ground-mounted facilities shall be required where feasible whenever such a Facility is proposed within 1,000 feet of any existing Wireless Antenna.

Federal and State Requirements. All Wireless Communication Facilities must meet or exceed current federal and state laws, standards and regulations of the FCC, and any other agency of the federal or state government with the authority to regulate Wireless Communication Facilities.

Interference. To eliminate interference at all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any Wireless Antenna causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated.

Lighting. All outside lighting shall be directed to prevent "spillage" onto adjacent properties, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations.

Maintenance. All facilities and appurtenant equipment including landscaping shall be maintained to remain consistent with the original appearance of the Wireless Antenna. Ground-mounted facilities shall be covered with anti-graffiti coating.

10.

Monitoring. The applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit.

11.

Signs. The Wireless Antenna shall not bear any signs or advertising devices other than owner identification, certification, warning, or other required seals of signage.

12.

Landscaping. Landscape planting, irrigation and hardscape improvements may be imposed depending on the location, the projected vehicular traffic, the impact on existing facilities and landscape areas, and the visibility of the proposed Wireless Antenna. Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Community Development Departments may be required.

13.

Utility Agreement. If the proposed Facility will require electrical power or any other utility services to the site, the applicant will be required to furnish the City's Real Estate Services Manager either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way, or a written statement from the utility company that will be supplying the power or other services, that they accept all responsibility for those lines in the public right-of-way.

Facilities in the Public Right-of-Way and City Owned Facilities. Any Wireless Communication Facility to be placed over, within, on or beneath the public right-of-way including on/within City owned facilities shall comply with all City Municipal Code requirements, including, but not limited to, the Zoning and Subdivision Ordinance section 230.96 (above); Chapter 12.38 regarding encroachments; and Chapter 17.64 regarding undergrounding of utilities. All Facilities proposed to be located on City owned property/facilities (including those located in the public right-of-way) must also execute a License Agreement with the City.

Facility Removal. Wireless Communication Facilities affecting the public view and/or located in areas designated Water Recreation, Conservation, Parks and Shoreline, and Public Rights-of-Way shall be removed in its entirety within six months of termination of use and the site restored to its natural state.

Cessation of Operation.

Abandonment. Within 30 calendar days of cessation of operations of any Wireless Communication Facility approved under this section, the operator shall notify the Director in writing. The Wireless Antenna shall be deemed abandoned pursuant to the following sections unless:

The City has determined that the operator has resumed operation of the Wireless Communication Facility within six months of the notice; or

The City has received written notification of a transfer of the Wireless Communication Facility.

City Initiated Abandonment. A Wireless Antenna that is inoperative or unused for a period of six continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the Wireless Antenna and the owner(s) of the premises upon which the antenna is located. Such notice may be delivered in person, or mailed to the address(es) stated on the permit application, and shall be deemed abandoned at the time delivered or placed in the mail.

Removal of Abandoned Wireless Antenna. The operator of the Wireless Antenna and the owner(s) of the property on which it is located, shall within 30 calendar days after notice of abandonment is given either (1) remove the Wireless Antenna in its entirety and restore the premises, or (2) provide the Director with written objection to the City's determination of abandonment.

Any such objection shall include evidence that the Wireless Antenna was in use during the relevant six-month period and that it is presently operational. The Director shall review all evidence, determine whether or not the Facility was properly deemed abandoned, and provide the operator notice of its determination.

At any time after 31 calendar days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable, the City may remove the abandoned Wireless Antenna and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed antenna (or any part thereof). The owner of the premises upon which the abandoned antenna was located, and all prior operators of the antenna, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed Wireless Antenna, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City.

(3568-9/02, 3779-10/07, 3934-4/12, 4040-12/14, 4069-10/15, 4096-10/16, 4136-9/17)