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HomeMy WebLinkAboutOrdinance #940 ORDINANCE No. 940 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RELATING TO DISTRICTING; AMEND- ING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING THE TITLE OF ARTICLE 931 and ADDING NEW SECTIONS THERETO. The City Council of the City of Huntington Beach does ordain as follows : Section 1. The title . of Article 931 of the Hunting- Beach Ordinance Code is hereby amended and as amended, shall read in words and figures as follows : ARTICLE 931 R-1 and Rl-PD 5 DISTRICTS Section 2. That the following new sections are hereby added to Article 931, to read in words and figures as follows: Section 9316. INTENT. This District permits devel- opment under the provisions set forth in the R1, .S.F.R.D. , or this District permits modification of certain provisions set forth therein. However, the provisions of this District are intended to produce developments which meet standards of open space, light, air, pedestrian circulation, vehicular circula- tion, and density of dwelling units which are compatible with and similar to the regulations of the Rl,S.F.R.D. Upon application, the R1-PD5 District may be applied 1. Ord. No. 940 to areas deemed suitable for such development by the Planning Commission. The provisions set forth herein provide standards for developing plans and tract maps; also, these standards provide criteria for judging -such plans and tract maps. Section 9316.1. PURPOSE. The primary purpose of this District is to allow and encourage the creation of superior living environments through the use of modern planning tech- niques; therefore, the developer is encouraged to obtain a trained and experienced land planner, registered architect, or landscape architect to prepare tract maps and plans, to be submitted under the terms of this Chapter, which will a.s.sure: 1. Designs based on the 'common green' concept of park, recreation or open green areas ad- joining residential properties. 2. More desirable living environments. 3. Development of imaginative subdivisions and better use of the land. 4. The integration of housing with public uses and park areas. 5. Full use of and maximum quantity of open space for parks or recreation areas. 6. Creative site planning for housing. Section 9316. 2. USES. Only one permanent single family dwelling shall be permitted on each lot together with the usual and customary accessory structures and uses. Section 9316. 21. DENSITY. The density of families 2. Ord. No. �40 w per gross acre may approximate the density permitted by the R-1 Single Family Residence District, provided the max- imum density shall not exceed five single family dwelling units per gross acre devoted to residential use. Section 9316. 3. LOT AREA AND WIDTH. The size of lots may be reduced below the minimum permitted by the tR-1 District or the Subdivision Ordinance, but shall not be less than 4800 square feet in net area. Interior lots shall not be less than 60 feet wide at the front yard line, and corner lots shall not be less than 70 feet wide at the front yard line. Section 9316.4. LOT COVERAGE. The ground floor area of all roofed structures, on lots not abutting a park or recreation area, shall not occupy more than 45% of the lot area. On lots abutting a park or recreation area, such structures shall not occupy more than 55% of the lot area. Section 9316. 5. FRONT YARD SETBACKS. Variation in front yard setbacks is encouraged, but the average setback within the development shall not be less than 12 feet. One- Third of the lots within the development may have a setback of 10 feet, and corner lots shall have a setback of at least 15 feet. No two story structure shall have a setback of less than 15 feet. No garage which is entered directly from the front street shall be setback less than 22 feet. 3- Ord. No. 940 Section 9316.6. SIDE YARD SETBACKS. The sideyard setback for one story dwellings shall not be less than 5 feet and for two story dwellings, not less than 8 feet. However, the exterior side yard of a corner lot shall not be less than 10 feet. Any garage which is entered directly from the side street of a corner lot shall be setback 22 feet from such street line. The standard five ft. and eight ft. side yards for one story and two story structures, respectively may be re- duced to zero on two adjoining lots and a common or party wall utilized for the dwellings. The resulting opposite side yards shall be 10 feet for one story and 16 feet for two story structures and shall be perpetually maintained as open yard. Section 2316.7. REAR YARD SETBACK. The rear yard setback shall not be less than 15 feet, provided that for lots abutting a park or recreation area, the rear yard shall not be less than 10 feet for one story structures, and 15 feet for two story structures. Section 9316.8. HEIGHT. No building or structure shall exceed a height of two stories or 30 feet. 4� Ord. No. 940 SECTION 9316.9. PARK AND RECREATION AREAS. Space Exchange. 1. All land area accumulated through the permitted reduction in lot size shall be devoted to parks and/or recreation areas. 2. Public utility and other similar easements shall not be computed as part of the space exchange. Design. 1. Park and recreation areas shall have a minimum area of one acre, and shall be designed as an integral part of the housing development. 2. Corridors or 'fingers' of park areas between rows of lots may be created to connect said lots to a large central green. These corridors or 'fingers ' of park area, to be computed under the space exchange, shall have a minimum net width of 30 feet for a maximum net length of 180 feet. Such corridors or 'fingers' of park areas may exceed 180 feet in length, but they should not extend more than 350 feet from a large central green. Corridors or 'fingers' of park area that exceed 180 feet in length shall be more than 30 feet wide, and should average 70 feet in width for any distance beyond the first 180 feet. 3. Any large central green, or park and recreation area, shall be of such size and dimension that it will be suitable for group recreation. 4. Design of park and recreation areas shall be Judged by the Planning Commission on the follow- ing bases : a. The relationship between housing and park or recreation areas shall be so designed that as many homes as possible will adjoin said area. b. One large park may be created, provided the Planning Commission shall approve such a de- sign on the basis that it creates a desira- ble relationship between housing and park areas, and is otherwise in harmony with other requirements of this section. 5• Ord. No. �40 5. The rear yards of lots, which adjoin park and recreation areas, shall receive the same fenc- ing treatment. Section 9317. PARK IMPROVEMENT AND MAINTENANCE. All park and recreation areas shall be fully im- proved by the developer including landscaping, recreation facilities, lighting and other pertinent facilities. Provis- ion for perpetual clean maintenance of such areas shall be approved by the Planning Commission. Section 9317.1 DEVELOPMENT RIGHTS. All rights for development within park and recreation areas, exclusive of that shown on the initial approved development plan, shall be deeded to the City. Nothing shall be constructed, erected, or enlarged, except landscaping plants and materials , without the express permission of the Planning Commission. Section 9317. 2. PUBLIC PARKS. Upon mutual agree- ment between the owner or owners and the City Council , park and recreation areas may be dedicated to the City for public use, provided such areas are of an approved size, shape, im- provement, and location so as to be readily accessible and usable by the general public. Section 9317.3. OFF STREET PARKING. 1. Each dwelling unit shall have on the same lot a minimum of two covered automobile parking spaces. Each space shall be at least 9 feet wide and 19 feet long, net dimensions and be provided with adequate and safe access. 6. Ord. No. 940 2. No garage door or carport entrance shall face directly on or obtain access directly from any major, prim- ary, or secondary highway, as defined by the Huntington Beach Master Plan of Arterial Streets and Highways. 3. Each parking space which faces a street shall be equipped with a door to provide for its complete enclosure. Section 2117.4. SIZE OF DWELLING UNITS. Each dwelling unit shall have a gross floor area of not less than: 1. 900 square feet for 1 bedroom unit. 2. 1100 square feet for 2 bedroom units. 3. 1300 square feet for 3 or more bedroom units. Gross floor area shall not include garages, carports, accessory buildings, porches, or patios. For the purpose of this section, a dwelling unit is defined as consisting of a living room, kitchen, bathroom and any number of closets. Each additional room shall be consid- ered a bedroom. Section 2317.5. PROCEDURE. A petition for a change of zone to the Rl-PD5 Planned Single Family Development District shall be made by the fee owner of the land or by the purchaser, lessee, or optionee in conjunction with the fee owner. A gross area of 10 acres, shall be the minimum size parcel to which this District may be applied. The petition for zoning property R1-PD5 shall be ac- 7• Ord. No. 940 companied by preliminary plans for division of the property and a brief outline of the type of structures , proposed park areas, and their maintenance. Zoning property to Al-PD 5 shall be accomplished as prescribed by Article 926. Prior to issuance of any building permit, or record- ation of a final tract map for any portion of the development, a Use Permit shall be approved by the Planning Commission pur- suant to Sections 9249 et. seq. of the Huntington Beach Ordi- nance Code. The application for such Use Permit shall be ac- companied by precise and detailed plans signed by the designer. These plans shall include: 1. A map showing the size, shape and location of all lots and their relation to street, park and recreation areas and other public and private facilities. 2. A plot plan showing the location of all buidings, fences, and parking proposed to be constructed by the developer. 3. A plan of all landscaping, proposed to be installed. 4. 1 A plan of all recreation areas, depicting their pro- posed size, use, and facilities to be installed. 5. A detailed program for perpetual clean maintenance of all park and recreation areas, and facilities. 6. Any other information the Planning Commission may deem necessary to assure that the intentaand purpose of this District will be fully realized. Section 9317.6. ACTION BY THE PLANNING COMMISSION. In taking action, the Planning Commission may deny a permit, may grant a permit as submitted, or may grant a. permit subject to conditions. 8. Ord. No. 940 Section 9317.61. DEVELOPMENT SUBJECT TO CONDITIONS. Any plaihed single family development, as approved, shall be subject to all conditions imposed; also, all provis- ions of Chapter 97 (subdivision ordinance) of the Huntington Beach Ordinance Code shall be complied with, unless otherwise herein provided and approved in the adoption of the tract map or precise plans of the development. Section 9317.62. DUTY OF THE BUILDING INSPECTOR. Following approval of a Planned Single Family Devel- opment Use Permit, the Building Superintendent shall ensure that development is undertaken and completed in conformance with the approved plans. Section 9317.63. EXPIRATION OF A USE PERMIT. In any case where a Planned Single Family Development Use Permit has not been used within one year after the date of granting thereof, then without further action, the Use Permit shall be null and void. Section 9317.64.. TIME EXTENSIONS. Extensions of time limitations in this article may be granted by the Planning Commission upon showing of good faith and effort by the per- mittee. Failure to so comply with time limitations shall be by reason of conditions beyond the control of the permittee. Section 9317.65. APPEAL: The determination of the Planning Commission may be appealed as provided by Section 9• Ord. No. 940 9249.4 of the Huntington Beach Ordinance Code. If no appeal is taken within the time prescribed, the determination of the Planning Commission shall be final. Section 3. The City Clerk shall certify to the pass- age and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper printed, published and circulated in the City of Huntington_ Beach, Orange County, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of -the City of Huntington Beach, California, this 3rd day of iReceffibex, 1962. Mayo ATTEST: City erk 10. Ord, No. 940 STATE OF CALIFORNIA ) County of Orange ) ss City. of Huntington Beach ) I, FAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex- o.ff icio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Be- ch is five; that the foregoing ordinance was read to said City Council at a regular meeting . thereof held on the 19th day of November 1962, and was again read to said City Council at a regular meeting thereof held on the 3rd day of December , 1962, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council, AYES: Councilmen: Wells , Gisler, Stewart, Welch, Lambert NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and o (icio Clerk of the City Council of the ity of Huntington Beach, California