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)
For purposes of applying these provisions, accessory structures are inclusive of minor accessory structures, except where separate provisions are provided in this section.
A. 
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.
B. 
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:
1. 
The structure is located in the rear two-thirds of the lot;
2. 
A minimum five-foot clearance is maintained between said structure and the dwelling if it is located in a required side yard;
3. 
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
4. 
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.
Zoning--Image-22.tif
C. 
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.
D. 
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.
E. 
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.
F. 
Decks. A deck 30 inches or less in height may be located in a required yard.
G. 
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)
A. 
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:
1. 
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);
2. 
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;
3. 
The main dwelling or the accessory dwelling will be owner occupied; and
4. 
Public and utility services including emergency access are adequate to serve both dwellings.
B. 
Design and Development Standards.
1. 
Minimum Lot Size. 6,000 square feet.
2. 
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.
3. 
Required Setbacks. Accessory dwelling units shall comply with minimum setbacks of Chapter 210.
4. 
Height and Building Coverage. The basic requirements of Chapter 210 shall apply unless modified by an overlay district.
5. 
Parking. All parking spaces shall comply with Section 231.18(D).
6. 
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.
C. 
Ownership. The second unit shall not be sold separately from the main dwelling unit.
D. 
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.
E. 
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)
A. 
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.
B. 
Contents of Application. An application for a home occupation permit shall contain:
1. 
The name, street address, and telephone number of the applicant;
2. 
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.
3. 
For home occupations involving instruction and/or service, Neighborhood Notification shall be required in compliance with Chapter 241.
C. 
Required Conditions. Home occupations shall comply with the following conditions:
1. 
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.
2. 
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.
3. 
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.
4. 
A home occupation shall not increase pedestrian or vehicle traffic in the neighborhood.
5. 
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.
6. 
No motor vehicle repair for commercial purposes shall be permitted.
7. 
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.
8. 
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.
9. 
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)
A. 
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.
B. 
Affordability Requirements.
1. 
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:
a. 
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
b. 
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
c. 
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
d. 
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.
2. 
Duration of Affordability.
a. 
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.
b. 
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.
c. 
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:
i. 
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.
3. 
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.
4. 
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:
a. 
The duration of the affordability and the number of the affordable units;
b. 
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;
c. 
The method in which vacancies will be marketed and filled;
d. 
A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units within the project; and
e. 
Standards for maximum qualifying household incomes and standards for maximum rents or sales prices.
5. 
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.
C. 
Calculation of Density Bonus.
1. 
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.
a. 
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%.
b. 
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%.
c. 
For housing developments meeting the senior citizen housing criteria of subparagraph 230.14(B)(1)(c), the density bonus shall be 20%.
d. 
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%.
2. 
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.
3. 
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).
4. 
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.
D. 
Incentives and Concessions.
1. 
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. 
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.
i. 
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.
b. 
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.
c. 
Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions.
2. 
Number of Incentives and Concessions. An applicant for a density bonus shall receive the following number of incentives or concessions:
a. 
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.
b. 
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.
c. 
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.
3. 
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.
E. 
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.
F. 
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).
G. 
Child Care Facilities.
1. 
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:
a. 
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.
b. 
An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
2. 
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:
a. 
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.
b. 
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.
3. 
"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.
H. 
Procedure.
1. 
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. 
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.
b. 
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.
c. 
A description of the requested incentive or concessions that the developer requests.
d. 
A calculation of the density bonus allowed.
2. 
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.
3. 
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.
4. 
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.
5. 
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.
I. 
Required Findings for Approval.
1. 
Density Bonus. In granting a Conditional Use Permit for a density bonus, the Planning Commission/City Council shall make all of the following findings:
a. 
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.
b. 
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.
c. 
The proposed project, which includes a density bonus, is compatible with the physical character of the surrounding area.
d. 
The proposed project, which includes a density bonus, is consistent with the overall intent of the General Plan.
e. 
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.
J. 
Required Finding for Denial.
1. 
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:
a. 
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).
b. 
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.
c. 
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)
A. 
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.
B. 
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.
1. 
Location Criteria. Manufactured homes shall not be allowed:
a. 
On substandard lots that do not meet the dimensional standards of Chapter 210;
b. 
As a second or additional unit on an already developed lot; or
c. 
As an accessory building or use on an already developed lot.
2. 
Design Criteria. Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:
a. 
Each manufactured house must be at least 16 feet wide;
b. 
It must be built on a permanent foundation approved by the Building Official;
c. 
It must have been constructed after June 1, 1979, and must be certified under the National Manufactured Home Construction and Safety Act of 1974;
d. 
The unit's skirting must extend to the finished grade;
e. 
Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited;
f. 
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;
g. 
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;
h. 
The floor must be no higher than 20 inches above the exterior finished grade; and
i. 
Required enclosed parking shall be compatible with the manufactured home design and with other buildings in the area.
C. 
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)
Subdivision sales offices and model homes in conjunction with an approved subdivision is permitted with the following requirements.
A. 
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.
B. 
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.
C. 
No sales office shall be converted or expanded into a general business office for the contractor or developer.
(3525-2/02, 4040-12/14)
A. 
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).
B. 
Design Standards. The following standards shall be considered by the Planning Commission prior to development approval:
1. 
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.
2. 
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.
3. 
All vehicular accessways shall be designed with landscaping and building variation to eliminate an alley-like appearance.
C. 
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)
A. 
Purpose.
1. 
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.
2. 
This Inclusionary Housing Ordinance is a tool the City utilizes to meet its commitment to provide housing affordable to all economic sectors.
B. 
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.
C. 
Applicability. Unless otherwise specified in the Specific Plan, this section shall apply to new residential projects of three or more units in size.
1. 
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.
2. 
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).
3. 
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.
D. 
Options for Fulfilling Affordable Housing Obligations—On-Site Production.
1. 
Affordable Ownership Housing Units.
a. 
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.
b. 
The affordable housing units shall be built concurrently with the market rate units as provided with an approved phasing plan.
c. 
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.
d. 
All exterior and interior improvements, finishes, appliance packages, etc., for the affordable units shall be comparable to the base level market rate units.
2. 
Affordable Rental Housing Units within an Ownership Housing Project.
a. 
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.
b. 
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:
i. 
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.
c. 
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.
d. 
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.
3. 
Affordable Rental Housing Units.
a. 
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.
b. 
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.
c. 
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.
d. 
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).
E. 
Options for Fulfilling Affordable Housing Obligations—Alternatives to On-Site Production.
1. 
Off-Site Production of Affordable Housing Units.
a. 
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.
b. 
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.
c. 
The provision of the off-site affordable housing units shall not create an over concentration of affordable housing units in any specific area.
d. 
The design, building quality, and maintenance standards shall be the requirements imposed by the LIHTC minimum construction standards.
e. 
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.
f. 
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:
i. 
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.
2. 
Existing Units Acquisition and Rehabilitation Projects.
a. 
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:
i. 
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.
b. 
Additional requirements for acquisition and rehabilitation projects:
i. 
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.
3. 
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:
a. 
The property shall be located within the City of Huntington Beach.
b. 
The developer shall convey the property to the City at no cost.
c. 
The property proposed to be dedicated shall yield a minimum of 20% of the total units constructed within the market rate project:
i. 
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 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.
d. 
The developer shall provide evidence of the following when the land dedication proposal is submitted:
i. 
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.
e. 
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.
f. 
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.
g. 
The construction of affordable units on the property shall not create an over concentration of low-income housing in any specific area.
h. 
The property shall be fully served by the necessary infrastructure prior to conveyance to the City.
i. 
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.
4. 
Fee Payment in Lieu of Construction.
a. 
Developers of the following new residential project types may pay an in-lieu fee to fulfill affordable housing obligations:
i. 
Ownership residential projects proposing any number of units.
ii. 
Rental residential projects proposing 100 units or fewer.
b. 
The amount of the in-lieu fees shall be calculated using the fee schedule established by Resolution of the City Council.
c. 
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.
d. 
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.
e. 
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.
f. 
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.
F. 
Miscellaneous Provisions.
1. 
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.
2. 
The Affordable Housing Agreement shall specify an affordability term of not less than 55 years for rental units or 45 years for ownership units.
3. 
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.
4. 
New affordable units shall be occupied in the following manner:
a. 
Any existing residents shall be allowed to occupy their units until six months before the start of construction activities with proper notice.
b. 
The developer shall provide relocation benefits to the occupants of the affordable units that are displaced.
c. 
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).
d. 
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.
G. 
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)
A. 
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.
B. 
Special Use Permit Required.
1. 
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:
a. 
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:
i. 
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;
v. 
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
x. 
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.
b. 
The group home has six or fewer occupants, not counting a house manager, but in no event shall have more than seven 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 occupants has been exceeded.
c. 
The group home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose.
d. 
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 24-hour basis and who are responsible for the day-to-day operation of the group home.
e. 
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 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.
f. 
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.
g. 
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.
h. 
If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property.
i. 
The property must be fully in compliance with all building codes, municipal code and zoning.
j. 
At least 48 hours prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall:
i. 
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;
v. 
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.
k. 
Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also:
i. 
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.
l. 
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.
m. 
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.
n. 
In addition to the regulations outlined above, the following shall also apply to sober living homes:
i. 
The sober living home is not located within 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 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.
v. 
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.
o. 
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 HBMC Chapter 17.77.
2. 
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:
a. 
Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information;
b. 
Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.
c. 
Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven to 10 years, to any of the following offenses:
i. 
Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290 (last 10 years);
ii. 
Arson offenses—Violations of Penal Code Sections 451—455 (last seven years);
iii. 
Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last 10 years); or
iv. 
The unlawful sale or furnishing of any controlled substances (last seven years).
d. 
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.
e. 
The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the FHAA and FEHA.
f. 
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:
i. 
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 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 1,000 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 1,000 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.
g. 
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.
h. 
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 Chapter 17.77.
C. 
Compliance.
1. 
Existing group homes must apply for a special use permit within 90 days of the effective date of the ordinance codified in this section.
2. 
Group homes that are in existence upon the effective date of the ordinance codified in this section shall have one year from the effective date of the ordinance codified in this section to comply with its provisions, provided that any existing group home, which is serving more than six residents, must first comply with the six-resident maximum.
3. 
Existing group homes obligated by a written lease exceeding one 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 additional years grace period pursuant to Planning Division approval.
D. 
Transfer of Special Use Permit. A Special Use Permit may not be transferred to any other person or entity. No Special Use Permit issued pursuant to this section 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.
E. 
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 or more occupants in the RM, RMH, RH, RMP, Specific Plan Residential and Specific Plan Mixed Use Zones subject to the following conditions:
1. 
As measured from the property line to property line, the group home or sober living home shall be at least 1,000 feet from any other property that contains a group home, sober living home, or State-licensed residential care facility.
2. 
An application for an Operator's Permit that complies with Chapter 5.110 of the Huntington Beach Municipal Code (HBMC) shall be required for and may be granted to permit the operation of a group home or sober living home.
(4216-8/20)