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)
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:
A. 
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.
B. 
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.
C. 
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)
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)
Projections into required yards and courts shall be permitted as follows:
Allowable Projections in Feeta
 
Front Yard
Side Yard
Street Side Yard
Rear Yard
Fireplace or chimney
2.5
2.5b
2.5
2.5
Cornice, eaves and ornamental features
3
2.5b
3
3
Mechanical equipment
2
2b
2b
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
2b
4
4b
Bay windows
2.5
2.5b
2.5
2.5
Balconies
3
2b
3
3
Covered patios
0
0
5c
5
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.
b
A 30-inch clearance from the property line shall be maintained.
c
No projection shall extend more than 1/2 the width of the street side yard.
(4040-12/14)
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.
A. 
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.
B. 
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.
C. 
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)
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)
A. 
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.
B. 
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.
C. 
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:
1. 
Nurseries, provided outdoor storage and display is limited to plants, new garden equipment and containers only; and
2. 
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
3. 
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.
D. 
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)
A. 
General Requirement.
1. 
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.
2. 
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.
B. 
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.
C. 
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)
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)
A. 
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.
B. 
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.
C. 
Locational Criteria—Satellite Antennas. A satellite antenna may be installed on a lot in any zoning district if it complies with the following criteria:
1. 
Number. Only one satellite antenna may be permitted on a residential lot.
2. 
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.
3. 
Maximum Height.
a. 
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.
b. 
The maximum height of an antenna shall not exceed the maximum building height for the district in which the antenna is located.
4. 
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.
5. 
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.
6. 
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.
7. 
Surface Materials and Finishes. No advertising or text or highly reflective surfaces shall be permitted.
8. 
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)
A. 
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.
B. 
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.
C. 
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).
D. 
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.
E. 
Archaeological/Cultural Resources.
1. 
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.
2. 
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.
3. 
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.
4. 
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.
5. 
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.
6. 
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.
7. 
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.
8. 
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)
A. 
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.
B. 
Exceptions. Dedication shall not be required prior to issuance of a building permit for:
1. 
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.
2. 
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.
3. 
Fences and walls.
4. 
Temporary uses, as specified in this Code.
5. 
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:
a. 
Type of horticultural use proposed.
b. 
Duration (temporary or permanent).
c. 
Vehicular access and effect of the proposed use on traffic in the vicinity of the site.
d. 
Relationship between the proposed requirements and an anticipated expanded use.
e. 
Dedication shall not be required for any purpose not reasonably related to such horticultural use.
C. 
Dedication Determinants. Right-of-way dedication width shall be determined by either of the following:
1. 
Department of Public Works standard plans; or
2. 
A precise plan of street, highway or alley alignment.
D. 
Improvements.
1. 
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.
2. 
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.
3. 
Improvements required by this Code may be deferred in the following instances and upon adherence to the following requirements and regulations:
a. 
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.
b. 
Where a drainage system would be delayed by the installation of improvements.
c. 
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.
d. 
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.
e. 
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.
4. 
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)
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:
A. 
Time Limit.
1. 
A Christmas tree sales facility shall not be open for business during any calendar year prior to Thanksgiving.
2. 
A Halloween pumpkin sales facility shall not be open for business during any calendar year prior to October 1st.
3. 
A single agricultural product sales facility shall be approved for a period of time not to exceed 90 days.
B. 
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.
C. 
Site Standards.
1. 
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.
2. 
A minimum of 10 off-street parking spaces shall be provided.
3. 
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.
4. 
Temporary structures shall comply with Building Division standards.
5. 
Electrical permit shall be obtained if the facility is to be energized.
6. 
The facility shall comply with fire prevention standards as approved and enforced by the Fire Chief.
D. 
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.
E. 
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)
No portion of a required yard area provided for a structure on a lot shall be considered as part of the yard area for any other structure on the same or an adjacent lot. In all districts, minimum setback lines shall be measured from the ultimate right-of-way line. Diagrams A, B, C and D are hereby adopted to illustrate the provisions of this chapter. Where any discrepancy occurs between the diagrams and the printed text, the text shall prevail. Yards and fencing shall comply with the following criteria in all districts or as specified.
A. 
Permitted Fences and Walls.
1. 
Fences or walls a maximum of 42 inches in height may be located in any portion of a lot, except screen walls on lots in the RMH-A subdistrict shall be set back a minimum of three feet from the front property line. Fences or walls exceeding 42 inches in height may not be located in the required front yard, except as permitted elsewhere in this section.
2. 
Fences or walls a maximum of six feet in height may be located in required side and rear yards, except as excluded in this section. Fences or walls exceeding six 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.
a. 
Fences and walls located adjacent to arterials along the rear and/or street side yard property lines, and behind the front setback, may be constructed to a maximum total height of eight feet including retaining wall with the following:
i. 
The proposed building materials and design shall be in conformance with the Urban Design Guidelines.
ii. 
Extensions to existing wall(s) shall require submittal of engineering calculations to the Building and Safety Department.
iii. 
The property owner shall be responsible for the care and maintenance of landscape area(s) and wall(s) and required landscape area(s).
iv. 
Approval from Public Works Department.
b. 
Exception. A maximum two-foot lattice extension (wood or plastic) that is substantially open may be added to the top of the six foot high wall or fence on the interior property line without building permits so long as notification to the adjacent property owners is provided.
3. 
Fences or walls in the rear yard setback area of a through lot shall not exceed 42 inches in height. This subsection shall not apply to lots abutting arterial highways.
4. 
In the RL District, garden or wing walls or fences equal in height to the first floor double plate, but not exceeding nine feet, which are perpendicular to and entirely within a side yard may be constructed to the interior side property line and to within five feet of the exterior side property line provided they are equipped with a three-foot gate or accessway.
5. 
When residential property abuts open or public land or property zoned or used for office, commercial, or industrial purposes, an eight-foot high solid masonry or block wall may be constructed on the common side or rear property line.
6. 
Only at the time of initial construction of the dwellings and in order to allow variations in the street scene in R districts, fences or walls exceeding 42 inches in height may be permitted at a reduced front setback of six feet subject to plan review approval by the Director in conformance with the following criteria:
a. 
The reduced setback shall be only permitted for five or more contiguous lots under the same ownership.
b. 
Such walls shall not encroach into the visibility triangular area formed by measuring seven and one-half feet along the driveway and 10 feet along the front property line at their point of intersection.
c. 
Such walls shall conform to all other applicable provisions of this section.
7. 
Retaining walls shall comply with the following:
a. 
Where a retaining wall is located on the property line separating lots or parcels and protects a cut below the natural grade, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.
b. 
Where a retaining wall is on the property line of a rear yard abutting an arterial or exterior side yard and contains a fill of two feet or less or protects a cut below the existing grade, such retaining wall may be topped with a six-foot decorative masonry wall.
c. 
Where a retaining wall is on the property line of a rear yard abutting a local street, the maximum retaining wall height shall be 24 inches as measured from the adjacent curb and may be topped with a maximum 18-inch decorative wall or fence for a total height of 42 inches.
d. 
i. 
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).
Zoning--Image-23.tif
* See maximum building height in Chapter 210.
e. 
All retaining walls abutting a street shall be waterproofed to the satisfaction of the Director.
f. 
Retaining wall and fence combinations over eight feet in height shall be constructed with a variation in design or materials to show the distinction. Retaining wall and fence combinations over six feet in height shall be designed without decorative block or cap block, except if equal in strength to the main portion of the fence.
8. 
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.
9. 
Any fence or wall located on the front property line shall be approved by the Department of Public Works.
10. 
In the industrial districts, nine-foot-high fences may be permitted in the side and rear setbacks up to the front building line subject to plan review approval by the Director.
11. 
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.
12. 
Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs public access to the shore.
B. 
Required Walls.
1. 
When office, commercial or industrial uses abut property zoned or used for residential, a six-foot-high solid six-inch concrete block or masonry wall shall be required. If a wall meeting these standards already exists on the abutting residential property, protection from vehicle damage shall be provided by a method approved by the Director. The maximum fence height shall be eight feet at the common property line, subject to the same design standards and setback requirements as specified for six-foot-high fences.
2. 
Industrial screening walls abutting arterial highways shall be architecturally compatible with surrounding properties, constructed of a minimum six-inch-wide decorative masonry block, and designed with landscape pockets at 35-foot intervals along the street side sufficient in size to accommodate at least one 15-gallon tree. Approval by the Director shall be required prior to construction of such walls.
C. 
Visibility.
1. 
On reverse corner lots and corner lots abutting an alley, no fence, wall or hedge greater than 42 inches in height may be located within the triangular area formed by measuring 10 feet from the intersection of the rear and street side property lines (see Diagram C).
2. 
On corner lots, no fence, wall, landscaping, berming, sign, or other visual obstruction between 42 inches and seven feet in height as measured from the adjacent curb elevation may be located within the triangular area formed by measuring 25 feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below seven feet shall be permitted (see Diagram A).
3. 
Visibility of a driveway crossing a street or alley 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).
Zoning--Image-24.tif
Diagram A
Zoning--Image-25.tif
Street/Alley Diagram B
Zoning--Image-26.tif
Zoning--Image-27.tif
Diagram D
(3334-6/97, 3410-3/99, 3525-2/02, 3710-6/05, 3730-3/06, 4040-12/14)
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:
A. 
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.
B. 
The development shall comply with parking, access and setback requirements contained in Chapter 231.
(4040-12/14)
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.
A. 
Land Disposal Site/Definitions. The following words and phrases shall be construed as defined herein unless a different meaning is apparent from the context:
1. 
Excavation. Any activity and/or movement of material which exposes waste to the atmosphere.
2. 
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.
B. 
Operations Plan.
1. 
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.
2. 
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.
3. 
Ambient air quality monitoring, as well as other monitoring or testing deemed reasonably necessary, shall be included in the operations plan.
C. 
Approval of Operations Plan.
1. 
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.
2. 
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.
D. 
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:
1. 
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.
2. 
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.
3. 
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.
E. 
Operations Plan Contents. The operations plan shall contain the following:
1. 
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.
2. 
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.
3. 
A plan showing specific routes for vehicles transporting hazardous wastes from the site.
4. 
A plan containing specific steps for restoration of the site to a safe condition if excavation is terminated prematurely.
F. 
Exemptions. The following activities shall be exempt from the requirements of this section unless otherwise determined by the Director:
1. 
The drilling of holes up to 24 inches in diameter for telephone or power transmission poles or their footings.
2. 
The drilling of oil wells, gas wells or landfill gas collection wells or the maintenance of gas or leachate collection systems.
3. 
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.
G. 
Excavation Activity Prohibited.
1. 
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.
2. 
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)
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.
A. 
Location and Design Criteria. Cart and kiosk uses shall conform to the following:
1. 
No portion of a cart or kiosk shall overhang the property line.
2. 
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.
3. 
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.
4. 
A limit of one cart or kiosk shall be allowed for each commercial business that meets the above locational and design criteria.
B. 
Factors to Consider. The following factors shall be considered regarding the location and the design of cart or kiosk uses including:
1. 
Appropriateness of the cart or kiosk design, color scheme, and character of its location;
2. 
Appropriateness and location of signing and graphics;
3. 
The width of the sidewalk or pedestrian accessway;
4. 
The proximity and location of building entrances;
5. 
Existing physical obstructions including, but not limited to signposts, light standards, parking meters, benches, phone booths, newsstands, utilities and landscaping;
6. 
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;
7. 
Pedestrian traffic volumes; and
8. 
Handicapped accessibility.
C. 
Operating Requirements—Provisions and Conditions.
1. 
During hours of operation, the cart or kiosk must remain in the location specified on the approved site plan.
2. 
A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles.
3. 
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.
4. 
All provisions of the Huntington Beach Municipal Code which are not in conflict with this section shall apply.
5. 
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.
6. 
The sale of alcoholic beverages shall be prohibited.
7. 
The number of employees at a cart or kiosk shall be limited to a maximum of two persons at any one time.
8. 
Fire extinguishers may be required at the discretion of the Fire Department.
9. 
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.
D. 
Parking. Additional parking may be required for cart or kiosk uses by the Community Development Director.
E. 
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.
F. 
Neighborhood Notification. Pursuant to Chapter 241.
(3249-6/95, 3482-12/00, 3525-2/02, 4040-12/14, 4096-10/16)
A. 
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.
B. 
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.
C. 
Applicability. This section shall apply to all Wireless Communication Facilities which are erected, located, placed or modified within the City of Huntington Beach.
D. 
Exceptions. The following Wireless Communication Facilities shall be exempt from this section.
1. 
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.
2. 
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.
3. 
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.
4. 
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.
5. 
Any antenna structure used by authorized amateur radio stations licensed by the FCC.
6. 
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.
E. 
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.
1. 
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:
a. 
Precise location of the Facility.
b. 
Evidence that the Facility is compatible with the surrounding environment or that the Facility is architecturally integrated into a structure.
c. 
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).
d. 
Evidence that the massing and location of the proposed Facility are consistent with surrounding structures and zoning districts.
e. 
Evidence that no portion of the Facility will encroach over property lines.
f. 
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.
g. 
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.
h. 
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.
2. 
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:
a. 
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
b. 
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
c. 
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
d. 
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.
3. 
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:
a. 
Completely stealth installations;
b. 
Stealth techniques;
c. 
Co-location and locating facilities within existing building envelopes;
d. 
Colorization or landscaping to minimize visual prominence; and/or
e. 
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.
4. 
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.
F. 
Applicant May Assert Federal Preemption at Time of Appeal to Planning Commission.
1. 
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.
2. 
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:
a. 
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.
b. 
Evidence demonstrating that the applicant has pursued other feasible sites for locating the Facility, but that they are unavailable on commercially practicable terms.
c. 
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.
d. 
Radio frequency propagation maps demonstrating actual transmission levels in the vicinity of the proposed Facility site, and any alternative sites considered.
e. 
Radio frequency drive tests demonstrating actual transmission levels in the vicinity of the proposed Facility site, and any alternative sites considered.
f. 
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.
g. 
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.
3. 
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.
G. 
Wireless Communication Facility Standards. The following standards shall apply to all Wireless Communication Facilities:
1. 
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.
2. 
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.
3. 
General Provisions. All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines.
4. 
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.
5. 
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.
6. 
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.
7. 
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.
8. 
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.
9. 
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.
H. 
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.
I. 
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.
J. 
Cessation of Operation.
1. 
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:
a. 
The City has determined that the operator has resumed operation of the Wireless Communication Facility within six months of the notice; or
b. 
The City has received written notification of a transfer of the Wireless Communication Facility.
2. 
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.
3. 
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.
a. 
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.
b. 
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)