Sections:

202.02 Organization

202.04 General Rules for Applicability of the Zoning and Subdivision Ordinance

202.06 Applicability of Land Use Controls and Development Standards

202.08 Rules for Interpretation; Record-keeping

202.10 Responsibilities

202.12 Effect of This Ordinance of Approved Projects and Projects in Process

202.02 Organization

A. Structure of Ordinance. The zoning and subdivision ordinance is divided into six parts:

Title 20: General Provisions

Title 21: Base District Provisions

Title 22: Overlay District Provisions

Title 23: Provisions Applying in All or Several Districts

Title 24: Administrative Provisions

Title 25: Subdivisions

B. Types of Zoning Provisions. Three types of zoning provisions control the use and development of property:

1. Land Use Controls specify land uses permitted, conditionally permitted, or prohibited in each zoning district. These include special requirements applicable to specific uses. Land use controls for base zoning districts are in Title 21; land use controls for overlay districts are in Title 22. Certain provisions, applicable in all or several districts, are in Title 23.

2. Development Standards control the height, bulk, location, and appearance of structures. Development standards for base zoning districts are in Title 21; development standards for overlay districts are in Title 22. Certain development standards, applicable in more than one class of base or overlay districts, are in Title 23. These include requirements for site development, parking and loading, signs and nonconforming uses and structures.

3. Administrative Provisions contain procedures for the administration of the zoning ordinance. Administrative provisions are in Title 24.

202.04 General Rules for Applicability of the Zoning and Subdivision Ordinance

A. Applicability to Property. The Zoning and Subdivision Ordinance shall apply to all land within the City of Huntington Beach. The Local Coastal Program Implementation Plan shall apply to all land within the City of Huntington Beach coastal zone. (3334)

B. Applicability to Streets and Rights-of-Way. Public streets, utility, and other rights-of-way shall be in the same zoning district as contiguous property. Where contiguous properties are classified in different zoning districts, the centerline of the street or right-of-way shall be the district boundary, unless otherwise depicted on the zoning map.

C. Who Qualifies as an Applicant. Only a qualified applicant (including an agent of the applicant with written authorization from the owner) may file an application for approval on a specific site. A qualified applicant is a person who has a freehold interest in the land which is the subject of the application. The Director shall require an applicant to submit proof of the interest. The Director shall require an agent to submit evidence of authority to act for the applicant. Any person or agency may file for a zoning text amendment. (3334)

D. Compliance with Ordinances. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished or moved in any zoning district except in accord with the provisions of Titles 20-25. Further, no lot area shall be so reduced or diminished that the yards or other open space shall be smaller than prescribed by these Titles nor shall the density be increased in any manner except in conformity with the provisions established herein.

E. Public Nuisance. Neither the provisions of Titles 20-25 nor the approval of any permit authorized by these titles shall authorize the maintenance of any public nuisance.

F. Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by Titles 20-25 shall be deemed sufficient notice to allow the City to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice.

G. Requests for Notice. Where Titles 20-25 require that notice be given by first class mail to "any person who has filed a written request for such notice," the request shall be filed with the Director and shall be subject to the applicable fees set to cover mailing costs.

H. Notice to Surrounding Property Owners. Notice shall be mailed to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the property that is the subject of the hearing, as required by state law. Applicants may submit and the Director may use records of the County Assessor or Tax Collector which contain more recent information than the assessment roll.

I. Conflict with Other Ordinances. Where conflict occurs between the provisions of Titles 20-25 and any other city code, title, chapter, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in these titles.

J. Relation to Private Agreements. It is not intended by applicable provisions of Titles 20-25 to interfere with or abrogate or annul any easements, covenants, or other existing agreements between parties or to repeal any ordinance or other section of the Huntington Beach Municipal Code except as set forth in subsection 202.04(I), above.

K. Annexations/Pre-Zoning. Unincorporated territory adjacent to the City may be pre-zoned for the purpose of determining the zone district which will apply in the event of annexation to the City. The procedure for pre-zoning property shall be the same as that for zone changes within the City. Such zoning shall become effective at the time the annexation becomes effective. Any property which, after annexation or for any other reason, does not have a designation on the zoning map shall be deemed to be zoned RL, low-density residential. Inclusion of an annexed area within the coastal zone into the certified Local Coastal Program shall require approval of a Local Coastal Program amendment by the Coastal Commission. (3334)

L. Application During Local Emergency. The City Council may authorize deviations from any provision of this Chapter during a local emergency. Such deviations may be authorized by resolution of the City Council.

M. Issuance of Permits or Entitlements Prohibited. No permit or entitlement shall be issued by any department of the City in any case where a permit or entitlement is required to be granted and for which an appeal period is provided by this ordinance until the expiration of such appeal period or the final determination of any appeal filed pursuant to this ordinance.

N. Certificate of Occupancy and Final Building Inspection Withheld. No certificate of occupancy shall be issued or final building inspection shall be made until terms and conditions attached to a permit or entitlement required by this ordinance are met.

202.06 Applicability of Land Use Controls and Development Standards

Land use controls and development standards applicable to specific sites shall be shown on the zoning map by zoning and area district designations consisting of classes of letter designators:

A. A base zoning district designation, indicating the principal land uses permitted or conditionally permitted in each zoning district, shall be a component of all zoning designations.

B. A subdistrict designation, indicating a geographic area of the City where specific zoning provisions and development standards apply.

C. Overlay district designations shall be included in a zoning designation if the provisions of one or more overlay districts are applicable to a site.

202.08 Rules for Interpretation; Record-keeping

A. Zoning and Subdivision Ordinance. Where uncertainty exists regarding the interpretation of any provision of this ordinance or its application to a specific site, the Director shall be empowered to issue policy statements regarding the applicability of the ordinance to a specific situation.

B. Zoning Map. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply:

1. District boundaries shown as approximately following the property line of a lot shall be construed to follow such property line.

2. On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.

3. District boundaries shown as approximately following right-of-way lines of streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines.

4. District boundaries shown as lying within right-of-way lines of streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.

5. Should any uncertainty remain as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the Director. If the area of uncertainty lies within the coastal zone, the determination shall be made in conjunction with the Executive Director of the Coastal Commission. (3334)

C. Record of Interpretation. The Director shall keep a record of interpretations (policy statements) made pursuant to this section which shall be available to the public for review.

D. Appeals. An interpretation of the zoning and subdivision ordinance or zoning map by the Director may be appealed to the Planning Commission, as provided in Title 24.

202.10 Responsibilities

Consistent with Title 2 of the Municipal Code, responsibilities for administration of the Zoning and Subdivision Ordinance shall be as follows:

A. City Council. The City Council shall have final authority for the approval of zoning map and zoning text amendments, General Plan amendments and final maps; however, no such amendment shall be effective unless certified by the Coastal Commission as an amendment to the Local Coastal Program. The City Council also shall act as the appeals board for hearing appeals of actions by the Planning Commission and Zoning Administrator, as provided by this ordinance. Any decision on a coastal development permit for development located within the appealable area of the coastal zone as described in 245.04B may be appealed to the California Coastal Commission; if such a project is appealed, final coastal development permit decision making authority lies with the California Coastal Commission. (3334)

B. Design Review Board. The Design Review Board shall be responsible for reviewing and recommending action or rendering action on certain types of development plans under the procedures established by Chapter 244.

C. Director. The Director's responsibilities shall include administering, interpreting and enforcing all requirements and standards of Titles 20-25. The Director or his or her designee may approve administrative permits that meet the requirements of this Code and may approve, conditionally approve, or deny requests for waiver of development standards, as prescribed in the individual titles of this code. The Director, at his or her discretion, may refer matters involving development issues to the Design Review Board, Zoning Administrator or Planning Commission and may consult with the City Attorney on questions of interpretation.

D. Planning Commission. The Planning Commission's responsibilities shall include initiating preparation and updating of the General Plan, Local Coastal Program, specific plans, and provisions to implement the planning and zoning power of the City and undertaking other duties as assigned by the City Council. The Commission also shall approve, conditionally approve, or deny applications as prescribed in the individual titles of this code, and recommend approval or conditional approval of zoning map and text amendments, Specific Plans, Neighborhood Conservation Plans, and review criteria for Interim Study Overlay District. The Planning Commission also shall act as the appeals board for hearing appeals of decisions of the Director and actions of the Zoning Administrator and Design Review Board, except where otherwise provided. Finally, the Commission shall hear and decide on proposals for revocation of discretionary permits. (3334)

E. Zoning Administrator. The Zoning Administrator shall approve, conditionally approve or deny applications as prescribed in the individual titles of this code. The Zoning Administrator shall also act on matters referred by the Director. The Zoning Administrator shall hear and decide on proposals for revocation of discretionary permits.

202.12 Effect of this Ordinance on Approved Projects and Projects in Process

A. Approved Projects.

1. Conditional use permits, variances, and other discretionary permits, any of which are valid on the effective date of this ordinance shall remain valid until their expiration date. These projects can be built in accord with the development standards in effect at the time of approval, provided that such permit is valid at the time building permits are issued and that such permit is subject to any time limits imposed pursuant to the Uniform Building Code, adopted by the City. If no expiration date was established, the conditional use permit, variance or the discretionary permit approval shall lapse two years after the effective date of the ordinance unless:

a. A building permit has been issued, and construction commenced; or

b. The certificate of occupancy has been issued; or

c. The use is established.

2. No provision of this ordinance shall require any change in the plans, construction or designated use of any structure for which a building permit has been issued prior to the effective date of this ordinance or any subsequent amendment.

3. Any reapplication for any expired building permit must meet the standards in effect at the time of reapplication.

4. Any modification of a valid building permit issued prior to the effective date of this ordinance that results in a change of use or an increase in square footage may be approved only as a conditional use under the provisions of Chapter 241 by the Planning Commission and in no case may an increase in excess of 2,500 square feet be allowed.

B. Projects in Process.

1. Projects for which no discretionary approval or building permit has been granted prior to the effective date this ordinance shall be subject to the land use regulations, development standards, and other requirements of the new Zoning Ordinance except as stated below.

2. Applications which were accepted as complete prior to the effective date of this ordinance will be subject to the development standards in effect at the time of submittal.