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ORDINANCE NO. 556
AN ORDINANCE AMENDING ORDINANCE N0. 495, THE
DISTRICTING ORDINANCE OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA, ENTITLED: "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH, CALIFORNIA, ESTABLISHING
DISTRICTS WITHIN THE CITY OF HUNTINGTON BEACH AND
PRESCRIBING REGULATIONS GOVERNING THE USE OF LAND,
THE USE AND HEIGHT OF BUILDINGS AND STRUCTURES, THE
OPEN SPACES ;ROUND SAID BUILDINGS AND STRUCTURES AND
` THE PROPORTION OF LOT WHICH MAY BE COVERED, IN THE
VARIOUS DISTRICTS: PROHIBITING CERTAIN USES AND CER-
TAIN TYPES OF BUILDINGS OR STRUCTURES IN CERTAIN
DISTRICTS; ADOPTING A MAP CF SAID DISTRICTS; DES-
CRIBING AND DEFINING CERTAIN TERMS USED HEREIN; PRO-
VIDING FOR THE ENFORCEMENT AND AMENDMENT HEREOF; RE-
PEALING CERTAIN ORDINANCES OR PARTS OF ORDINANCES
'WHICH MAY CONFLICT HEREWITH AND PRESCRIBING THE
PENALTY FOR VIOLATION HEREOF", as amended®
i
The City Council of the City of Huntington Beach., California does
ordain as follows:
SECTION 1. That said Ordinance No* 495 be and the same is hereby
amended by amending Sections 2., 7, 11, 15, 17 and 241 thereof and by adding
new sections to be known as 2.019 2.02, 2.03, 2.04, 2.05, 2.06, 2.07, 2®08,
2.09, 2.10, 2.11, ..2.12, 2.139 2.14, 2.15, 2.16, 2.17, 2.18, 2.19, 2.20, 2.21,
2.222 2.23, 2.242 2.25, 2.26, 2.27,• 2.28, 2.29, 2.30, 7.1, 7.2, 7.3,. 7.4, 11.1,
11.21 11,39 11.4, 1105' 15.10 15.2, 15.3, 15.4, 15.5, and 24t.
Said new sections to be inserted in said Ordinance in numerical
.order and said amended sections and said new sections to read as follows:
DEFINITIONS
Section 2. For the ,purpose of this ordinance all words in the present
tense shall include the future tense, words in the singular
number include the plural number and words in the plural number
include the singular number; the word ,shall is mandatory, and
certain words and terms used herein are defined as follows:
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SECTION 2.01. ACCESSORY: A detached structure, building, or portion of
either, the use and maintenance of which is subordinate and purely
incidental to that of the main building or main use of the land and
which is located on the same lot therewith.
SECTION 2.02, APARTMENT: A room or suite of two or more Looms which is
designed or intended for use- and/or occupancy by only one family
which may do its own cooking in said room or suite.
SECTION 2.03. AUTOMOBILE COURT OR MOTEL: A building or group of attached,
semi-attached, or detached buildings containing two or more guest
rooms or individual sleeping units without a kitchen or provision
for cooking, but each having direct outside entrance and a garage
or esonveniently located automobile storage space on the same lot,
all or partly used, or designed, arranged or intended to be used,
temporarily, by automobile travelers, transients, transient tenants
or guests. 'Saidterm automobile court or motel shall be deemed to
include motor lodges, auto courts, auto cabins, auto courts and
resorts, and similar structures known by various designations.
SECTION 2.04* AUTOMOBILE PARKING SPACE, AUTOMOBILE STORAGE SPACE, OR
GARAGE SPACE: A permanently maintained, privately owned space of
not less than one hundred forty-Four (144) square feet in area, ac-
cessible to and usable by an average size automobile under its own
power, for temporary, off-street parking or storage thereof. Said
automobile storage space, whether or not located within a building,
shall be exclusive of driveways, walks, ramps, columns, and areas
devoted to other purposes than the storage or parking of automobiles.
SECTION 2.05. BUILDING: A structure, having a roof supported by columns
or walls for the support, housing, shelter and/or enclosure of any
person, animal, or chattel; and when any portion thereof is separ-
ated from every other portion thereof by a masonry wall, without
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openings, extending from the ground to the upper surface of the
roof, then such portion may be deemed a separate building.
SECTION 2.06. BUILDING SITE: The ground area occupied or to be occupied
by a building or buildings together with all the yards and open spaces
as required by this ordinance.
SECTION 2.07. BUILDING HEIGHT: or HEIGHT OF BUILDING: The vertical dis-
tance from the average of the highest and lowest elevations of
those parts of the lot immediately adjacent to the building, to
ceiling of the uppermost story in case of a flat roof; to the deck
line of a mansard roof; to the mean height between eaves and ridge
.of a gable, hip, or gambrel roof.
SECTION 2.08. BLOCK: All the real property abutting one side of a street
between the end of said street or a city limit line and the nearest
cross street, or between two consecutive cross streets.
SECTION 2.09. BUNGALOW COURT: A group of three or more detached or semi-
detached one-family or two-family dwellings located upon a single
lot and having a common court or yard and a separate entrance on
the ground floor for each apartment or dwelling, including dwell-
ing groups and house courts, but not automobile courts.
SECTION 2.10. CITY: The City of Huntington Beach, County of Orange, State
of California.
SECTION 2911. CITY COUNCIL: City Council of said City of Huntington Beach.
SECTION 2.12. COMMISSION: The Planning Commission of said City of
Huntington Beach.
SECTION 2.13. DISTRICT: Any area or areas, similarly classified whether
contiguous or not, and shown by specific and similar designations
on the maps which are a part of this ordinance.
SECTION 2.14. DWELLING: A building, having only one kitchen, used or
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designed or intended for use or occupancy by not more than one
family as living quarters. .
SECTION 2.15. DWELLING, TWO FAMILY or DUPLEX: A building, having not
more than two kitchens, which is designed, arranged or, intended
as the living quarters for not more than two families living
independently of each other.
SECTION 2.16. DWELLING, 1AULTIPLE: 'A building, portion thereof, or group
of buildings having three or more housekeeping units, used, or
designed or intended for use as living quarters for three or more
families living independently of each other, but not including
automobile camps, automobile courts, or hotels.
SECTION 2.17. FAMILY: One person living alone or two or more persons
living together in one housekeeping unit, but not more than five
persons not related by blood or marriage. Family also includes
employed household servants.
SECTION 2.18. GARAGE, PRIVATE: An accessory to, or a portion of a main
building, used or designed for use only for the shelter and/or
storage of passenger vehicles, or trucks of not more than one
ton=,rated capacityy- owned or operated by occupants of the main
building, and also means usable space and convenient ingress and
egress thereto.
SECTION 2.19. HOME OCCUPATION: Any gainful enterprise customarily con-
ducted entirely within a dwelling or within an accessory build-
ing not exceeding 150 square feet in area in the rear half of the
lot and carried on by only the inhabitants of the dwelling on
said lot, provided that no merchandise is exhibited to the public.
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SECTION 2.20. HOTEL: A building or portion thereof, containing six (6)
or more guest rooms designed, arranged, intended, or used, for
occupancy as the more_ or less temporary abiding place of individuals
lodged with or without meals, and in which no provision is made
for cooking in any individual guest room or suite, whetber com—
pensation be paid directly or indirectly in money, goods, labor,
or otherwise, but jails, prisons, hospitals, asylums, sanitariums,
opphanages, detention homes or similar institutions shall not be
classified as hotels.
SECTION 2.21. LOT: A parcel of real property shown on a map recorded in
the office of the County Recorder of either Los Angeles County or
Orange County, California, designated on such map by a separate
number or other character which applies only to the parcel so
marked, or any area of land under one ownership abutting upon at
least one street, alley, or recorded easement.
SECTION 2.22. NON—CONFORMING BUILDING: Any building or structure or any
portion of either, which lawfully existed at the time this ordinance
became effective and which was designed, erected or structurally
altered for a use that did not comply with the provisions of this
ordinance and has not since such date been made to comply with said
provisions.
SECTION 2.23. NON—CONFORMING USE: Any use lawfully existing in or on
any building or structure, or in or upon any lot, at the time that
this ordinance became effective, but did not comply with the pro—
visions of this ordinance and has not since such date been made to
comply with said provisions.
SECTION 2.24, STRUCTURE: Anything constructed or erected, the use of
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which requires more or less permanent location on the ground ,
or attachment to the ground or attachment to something having a .
fixed location on the ground.
SECTION 2.250- TRAILER COURT: Any .area of land, improved or unimproved,
which is designed to accomodate two or more trailers, house
trailers, movable dwellings, tents, sleeping quarters, or outfits,
or which is used, let, or held out for rent to campers, tenants,
or guestsfurnishing their own equipment and paying directly for
said space or indirectly through trade or labor. This definition
shall also apply to "Trailer Park", "Trailer Camp", and to similar
uses known by various designations.
SECTION 2.26. USE: The purpose for which land or a building or structure
is designed, arranged, or intended or for which it is or in the
future may be occupied or maintained. '
SECTION 2.27 YARD: An open space on a lot on which a building is situated
and, except as otherwise provided in this ordinance, is unoccupied
or unobstructed with buildings, structures, or portions thereof
from the ground to the sky, and when!-::a yard dimension is given it
represents the minimum horizontal distance between the lot line
from which the distance must be measured and a line parallel to
said lot line.
SECTION 2.28. FRONT YARD: A yard across the full width of the lot and
extending from the front lot line to a line parallel thereto which
passes through the nearest portion of that main building which is
closest to said front lot line, excepting those projections of a
main building permitted in a front yard by Section 24j hereof.
SECTION 2.29. REAR YARD: A yard .extending across the full width of the
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lot and measured between the rear lot line of the lot and the
nearest rear portion of that main building which is closest to
said rear lot line, excepting as provided in Section 24j hereof.
SECTION 2,30 SIDE YARD: A yard on each side of the building and extend-
ing from the front yard to the rear yard of said lot, and located
between the side lot line and the main building; the measured
distance of which yard shall represent the shortest distance
between the side line of the lot and that portion of the main
building nearest said side line from which the measurement is
taken,, -except as provided in Section 24j hereof.
HEARINGS
SECTION 7. PUBLIC HEARINGS: (1) Public hearings may be held whenever
desired in any matter relative to administration of this ordinance.
(2) A public hearing shall be held by the Commission, or its
authorized agent, prior to recommending that a conditional excep-
tion be granted.
-(3) Amendments relative to changing district boundaries, reclas-
sifying of property or uses lhherein or other substantial amendments
hereto shall be accomplished only after such public hearings as are
repaired in said matters by the "Conservation and Planning Act" as
the same now is or as the same may hereafter be amended.
SECTION 7.1. NOTICE OF HEEAR.ING: Novice of the time, place, and purpose
of all public hearings held by either, the City Council or the
Commission, together with the boundaries or a description, of the
property or area under consideration, shall be given by at least
one publication thereof in a newspaper of general circulation in
the City, at least ten (10) days before the date of said hearing.
If any such hearing is to be held by the Commission and is relative
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to a proposal which would alter district boundaries, additional
notice shall be given by:
(1) Posting public notices thereof not less than 10 days prior to
the date of said hearing mentioned therein. Such notices shall
be place not more than 300 feet apart along both sides of the
street or streets abutting the property said proposal seeks to
affect, and such posting shall extend along said street or streets
a distance of not less than 300 feet beyond the exterior limits
of said property, provided, however, that posting shall not be
required within 25 feet of or below the extreme high tide line in the
Shoreline District nor.more than 600 feet in each direction upon
such street frontage from the building or the actual area sub-
ject to the purpose for which the action is requested. Such
posted notices shall have a heading entitled, "Notice of Use
District Hearing", printed in plain type not less than one (1)
inch in height, and in small type shall be a statement of the time, :
place, and purpose of said hearing together with the boundaries
of the property involved or a description of such property.
(2) In lieu of posting notices as provided in subparagraph (1)
above, notice may be given by mailing a postal card or other not-
ice, containing the same information required for said posted
notices, not less than 10 days prior to the date of hearing mentioned
therein, to the owners of all property described in said proposal
and to all owners of property within 300 feet of the exterior
boundaries of said described property, using for this purpose the
last known address of such owner or the addresses given for such
owners as shown on the latest records of the City Collector*
SECTION 7.2. TIME OF HEARING: If, in response to a proposal, a hearing
is to be called, it shall be called within 65 days of the filing
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date of said proposal unless a time extension is made: by mutual
agreement in writing,
SECTION 70. RULES: The City Council and the Commission may respectively
prescribe its oven rules and regulations for conducting its hearing
and taking testimony, and may continue hearings, when necessary.
SECTION 7.4: SUMMARY DENIAL: The Commission may recommend that a petition
be denied, and the City Council may deny a petition without a
public hearing.
R-1 DISTRICT
SINGLE FAMILY RESIDENCE DISTRICT
SECTION 11. The following provisions shall apply in the R-1 District:
SECTION 11.1. USES PERMITTED:
(1) Permanent dwellings
(2) Agricultural and horticultural uses of a domestic purpose and
character, including green houses, but not animal husbandry nor
barns, storage houses, or other non-dwelling buildings which are
appurtenent to agricultural or horticultural purposes.
(3) a. Usual accessories in connection with single family uses
including a private garage for passenger automobiles containing
space for not to exceed three such automobiles for each dwelling.
There shall be a private garage or usable and accessible garage
space as an accessory to each and every dwelling and suchgarage
and/or space shall be on the same lot with the dwelling.
b. Servants quarters shall not be provided with kitchen
arrangements or facilities, nor other provisions for the prepara-
tion or serving .of meals.
(4) Home occupations
(5) Not more than one sign, placard, or other advertising device
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1
may be erected, painted on, or made a part of any premises and such
sign shall be unlighted and have an area of not more than two square
feet.
SECTION 11.2 BUILDING HEIGHT: No dwelling or accessory building shall
exceed thirty feet in height nor consist of more than two stories.
SECTION 1103 BUILDING SITE, AREA, AND SPACE REQUIREMENTS:
(1) The minimum lot area for each single family dwelling shall be
five thousand (5,000) square feet, except as otherwise provided in
this Section and in Section 24s.
(2) There may be one or more single family dwellings on any lot
having an area of ten thousand (10,000) square feet or more provided
there is not less than five thousand (5,000) square feet of lot area
for each such dwelling, and in such case if one is placed in the
rear of the other no wall of one dwelling shall be closer than fif-
teen (15) feet to-the nearest wall of the other.
(3) Each lot shall have an average width of not less than fifty
(50) feet and an area of not less than five thousand (5,000) square
feet, provided however, that any lot existing at the effective date
of this ordinance and held under separate ownership may be used
as a building site for any use permitted in this Section.
(4) Regardless of other provisions hereof, on any lot or parcel
of land which is under one ownership and which consists of tw or
more lots, each of which is less than 5,000 square feet in area
and each of which was shown on a subdivision map recorded in the
office of the County Recorder prior to the adoption of this ordi-
nance, and was shown thereon abutting a dedicated street, there
may be one or more dwellings, duplexes or multiple dwellings or
any combination of such buildings provided there are not more apart-
ments or housing units than the number of complete, recorded lots
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included within such parcel, and provided further that all yard
and spacing requirements of this ordinance and the City Building
Code are met.
(5) Accessory buildings shall be at least six (6) feet from the
main building.
SECTION 11.4. YARDS: The following yards shall be provided and maintained:
(1) FRONT YARD: A front yard of not less than twenty (20) feet
1 except as provided in Section 24m of this ordinance.
(2) SIDE YARD: Side yards each of which shall have a width of
not less than four (4) feet, except as provided in Section 24n of
this ordinance.
(3) REAR YARD: A rear yard of not less than twenty (20) feet,
except as provided in Section 24r, and accessory buildings may
occupy up to fifty (50) per cent of such rear yard.
SECTION 11.5 The provisions of Section 24, including Sections 24a to
Section 24t of this ordinance,. insofar as applicable to this Section
shall be considered a part of this Section..
R-3 DISTRICT
THE LIMITED MULTIPLE-FAMILY RESIDENCE DISTRICT
SECTION 15. The following provisions shall apply in the R-3 District:
.SECTION 15.1 USES PERMITTED:
(1) All uses permitted in the R-1 and R-2 Districts .
(2) Apartment houses, bungalow courts, group houses, boarding
and rooming houses, fraternity houses and private clubs, public
or private institutions of an educational or philanthropic nat-
ure which are not rendering treatment for physical or mental dis-
eases, and churches of a permanent nature.
1
(3) Libraries, Museums, Public Utility Buildings, Hospitals and
Convalescent and Rest Homes all subject to issuance of a conditional
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. permit from the Gity Council, upon recommendation of the Planning
Commission, showing that the granting of such permit under the
conditions imposed will preserve the intended character of the dis-
trict,� the utility and value of adjacent property and the general
welfare of the neighborhood. Such conditions may include greater
yard areas, screening by hedges or fences, parking areas, height
limitations and other measures to carry out the intent of this ordi-
nance,
(4) . Subject to the respective limitations, other similar enter-
prises, unless in the opinion of the Commission they would be, by
comparison with those mentioned in this Section, detrimental to
the particular neighborhood in which located or to be located.
(5) Not more than two signs, placards or other advertising devices
which have a total area of not more than six (6) square feet, except
that schools, clubs, and churches may be allowed a total of not
more than eighteen (18) square feet of such sign space in addition
to a corner stone, nameplate, or other such wording formed of build-
material which is made a permanent part of such building.
(6) The usual accessories on the same lot in connection with per-
missible buildings.
(7) Parking Lots.
SECTION 15.2 BUILDING HEIGHT:
No building, structure or accessory to either shall exceed forty-five
(45) feet in height, nor consist of more than three (3) stories.
SECTION 15.3 BUILDING SITE, AREA, AND SPACE REQUIREMENTS:
(1) Each building to be permissible shall be located upon a lot
not less than fifty (50) feet in average width and having an area
of not less than five thousand (5,000) square feet, provided, how-
ever, that said minimum provisions of width and area shall not
apply to any lot of less than said width and area which was held
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under separate ownership and existing on the date this ordinance
became effective, and provided further that there shall be at
least seven hundred fifty (750) square feet of lot area for each
apartment or each single dwelling unit.
SECTION 15,4. YARDS: The following yards shall be provided and maintained:
(1) FRONT YARD: A front yard of not less than ten (10) feet.,
except as provided in Section 24m of this ordinance.
(2) SIDE YARDS: Side yards, each of which shall have a width of
not less than four (4) feet except as provided in Section 24n of
this ordinance, and provided further, that for each story over two
(2) the side yard shall be increased by one (1) foot,
SECTION 15,5. The provisions of Section 24, including Sections 24a to
Section 24t of this ordinance, insofar as applicable to this Section
shall be considered a part of this Section,
SECTION 17
R-4 DISTRICT
THE MULTIPLE—FAMILY.RESIDENCE DISTRICT
Section 17. All of the provisions of the R-3 District and other provisions
of this ordinance applicable thereto shall also apply to the R-4
' District, except that in the R-4 District, regardless of front yard
provisions in Section 24 hereof, there shall be a minimum front
yard of not less than four (4) feet, and no existing front yard on
adjoining property shall cause said four (4 ) foot front yard to be
increased or decreased in depth.
SECTICII 241
MAINTENANCE OF YARDS
Section 241 1. No part of a yard provided for any building or structure
on any lot, for the purpose of complying with the provisions of
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• this ordinance, shall be included or considered as a part of
a yard required by this ordinance for any other building or
structure on .the same lot or an adjacent lot.
SECTION 2. The City Clerk shall certify to the passage of this ordinance
and shall cause the same to be printed and published once in
The Huntington Beach News, a newspaper of general circulation,
printed, published, and circulated in said City, and thirty
(30) days from and after its final passage it shall take effect
and be in full force®
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach, California, at a regular meeting thereof held
on the 3rd day of January , 1950.
ATTEST:
ack Greer
Vayor
bn L. Henricksen
City Clerk /
1 /
(14)
a
STATE OF CALIFORNIA )
County of Orange ) ss
City of Huntington Beach)
I, JOH21 L. HENRICKSEN, the duly elected, qualified and acting
City Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of said City of Huntington Beach, do hereby certify that the
whole number of members of the City Council of the City of Huntington
Beach is five, that the foregoing Ordinance was first read to said City
Council at a regular meeting thereof held on the 19th day of December,
1949, and was again read to said City Council at a regular meeting thereof
held on the 3rd day of January, 1950; and was passed and adopted by the
affirmative vote of more than a majority of all members of said City Council
on the 3rd day of January, 1950, as follows:
AYES: Councilmen:
LeBard, Wood, Seabridge, Langenbeck, Greer
NOES: Councilmen
None
ABSENT: Councilmen:
None
City Clerk and ex-officio
Clerk o the City Council of the City
of Huntington Beach, California