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HomeMy WebLinkAboutOrdinance #1108 ORDINANCE No. 1108 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RELATING TO SETBACKS; AMENDING j' ARTICLES 913, 925, 941, 9439 945, 9479 951, 9539 9559 961, 962 and 978 BY AMEND- ING, ADDING AND REPEALING SECTIONS OF THE HUNTINGTON BEACH ORDINANCE CODE. The City Council of the City of Huntington Beach does ordain as follows : Section 1. That Sections 9132.4 and 9132.5 of the Huntington Beach Ordinance Code are hereby amended, and as amended shall read in words and figures as follows : Section 9132.4. YARD REQUIREMENTS - All yards shall be measured either from the existing property line, the ul- timate right-of-way line as adopted on the Master Plan of Arterial treets and Highways and any amendment -thereto, or any precise plan of a street and/or alley alignment, which- ever may be the greater. Section 9132. 5. HEIGHT - No building or structure shall exceed a height of two stories or 30 feet. Section 2. Sections 9132.41, 9132.42 and 9132.43 are hereby added to the ,Huntington Beach Ordinance Code to read in words and figures as follows : Section 9132,41. Front Yard Setbacks - Variation in front yard setbacks is encouraged, but the average set- back 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 set- back of less than 15 feet. No garage which is entered direct- ly from the street shall be setback less than 22 feet. Section 9132.42. Side Yard Setbacks - The side yard 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 1. Ord. No. 1108 such street line. The standard five foot and eight foot side yards for one story and two story structures respective- ly may be reduced to zero on two adjoining lots and a com- mon 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 main- tained as open yard. Section 9112.43. Rear Yard Setbacks - 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 3. That Section 9251 of Article 925 of the Huntington Beach Ordinance Code is hereby amended and, as amended, shall read in words and figures as follows : Section 9251. Uses Permitted. The following permit- ted uses .and .regulations .shall apply in the R-5 District: All parking requirements specified shall include-adequate ingress and egress in accordance with Commission policy. Section 4. That section 9252 of Article 925 of the Huntington Beach Ordinance Code is hereby amended and, as amended, shall read in words and figures as follows: Section 9252. Yard Requirements for all Permitted Uses. .All .yards .shall be measured either from the existing property line, the ultimate right-of-way line as adopted on the Master flan of Arterial streets and Highways and any / amendments thereto, or any precise plan of a street and/or alley alignment, whichever may be the greater. Section 4a. That Sections 9252.1. 9252.2, 9252, 21, 9252. 22 and 9252.3 and 9252.4 of Article 925 are hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows : 2. Ord. No. 1108 Section 9252.1. Front Yard. Five feet minimum, ex- cept that along the state highway frontage there shall be required a minimum of 50 feet setback from existing right- of-way. Section 9252. 2. side Yard. Section 9252.21. Exterior side Yard. Ten feet. Section 9252. 22. Interior Side Yard. Five feet. ✓ Section 9252.3. Hear Yard. Five feet minimum, ex- cept where permitted use abuts 8-1 Zone District, then there shall be required a minimum of 15 feet. 2a Ord. No. 1108 Section 9252.4. Dwelling Distance. Minimum distance •- between unattached dwelling groups 20 feet. Minimum distance between.garage or carport and unattached dwelling groups - 10 feet. section 5. That Section 9410 of Article 94.1 of the Huntington Beach Ordinance Code is hereby amended, and as amended shall read in words and figures, as follows: Section 94.10. Uses Permitted. The following permitt- ed uses and regulations shall apply in the C-1 Neighborhood Commercial District: All yards shall be measured either from the existing property line, the ultimate right-of-way line as adopted. on the Master Flan of Arterial Streets and .High- ways and any amendments thereto, or any precise plan of a street and/or alley alignment, whichever may be the greater. Any development permitted by this Article that has an area of one acre or more shall have at least five percent of its off-street parking lot landscaped and continuously maintained. The area of such development shall include all buildings, parking areas, driveways and any area accessory thereto. Section 6. That sections 9430 and 9433 of Article 943 of the Huntington Beach Ordinance Code are hereby amend- ed and, as amended, shall read in words and figures as follows : Section 90o, Uses Permitted. The following permitt- ed_ uses and regulations shall apply in the C-2 Community Bus- iness District. Any development permitted by this Article that has an area of one acre or more shall have at least five percent of its off-street parking lot landscaped and continu- ously maintained. The area of such development shall include all buildings, parking areas, driveways and any area accessory thereto. _Section 94.33. Yard Aeautrements. All yards shall be measured either from the existing property line, the ultimate right-of-way line as adopted on the Master Plan of Arterial Streets and Highways and any amendments thereto, or any pre- cise plan of. a street and/or alley alignment, whichever may be the greater. Section 7. That Sections 9433.1. 9433.2 and 9433.3 are hereby added to Article 94.3 of the Huntington Beach Or- dinance Code to read in words and figures as follows : 3. Ord.No. 1108 Section 9433.1. Front Yard. None except where re- quired for the C-1 District use. Section 9433. 2. Sided. None except where requir- ed for C-1 District use, or where the lot abuts an B District then 10 feet. Section 9433.3. Rear Yard. None except where requir- ed for the C-1 District use or where the lot abuts an R District, then 10 feet. Section 8. That Sections 9457, 9457.19 9457.29 9457.219 9457. 22 and 9457.3 are hereby added to Article 945 of the Huntington Beach Ordinance Code, to read in words and figures , as follows .* Section 9457. Yard Requirements. All yards shall be measured either from the existing property line, the ultimate right-of-way line as adopted on the Master Plan .of Arterial Streets and Highways and any amendments thereto, or any precise plan of a street and/or alley alignment, whichever may be the greater. Section 945?.1. Front Yard. None Section 9457.2. Side Yard, Section 9457,21 Exterior Side Yard. None Section 9457,22. Interior Side Yard. None Section 9457. 3. Rear Yard. None Section 9. That Section 9471 of Article 947 of the Huntington Beach Ordinance Code is hereby amended and, as amended, shall read in words and figures, as follows: Section 9471. Uses Permitted. The following permitt- ed uses and regulations shall apply in the C-4 District. All yards shall be measured either from the existing property line, the ultimate right-dbf-way line as adopted on the Master Plan of Arterial Streets and Highways and any amendments thereto. -or any precise plan of a street and/or alley align- ment, whichever may be the greater. Ord. No. 1108 All parking requirements specified shall Include adequate ingress and egress in accordance with Commission policy. Any development permitted by this Article that has any area of one acre or more shall have at least five per- cent of its off-street parking lot landscaped and continu- ously maintained. The area of such development shall In- clude all buildings, parking area, driveways and any area accessory thereto. Section 10. That Section 9513 of Article 951 of the Huntington Beach Ordinance Code is hereby amended and as amended, shall read In words and figures, as follows: Section 9513. Yard Reauirements. Section ll. -. That Sections 9513-1. 9513. 29 9513.3 and 9513.4 are hereby 'added to Article 951 of the Huntington Beach Ordinance Code to read in words and- figures.as follows: Section 9513,1,. All yards shall be measured either from the existing property line, the ultimate right-of-way line as adopted on the Master Plan of Arterial Streets and Highways and any amendments thereto, or any precise plan of a street and/or alley alignment, which-ever may be the great- er. Section 9513. 2. • Front Yard The minimum required front yard shall be f6rty feet from major or .primary high- ways and thirty feet from secondary highways, measured from the ultimate street property line to the nearest front wall of the building. The front yard shall be appropriately land- scaped, which may Include automobile parking, however, not less than 25% of the front yard area shall be landscaped, and which shall include adequately maintained lawns, shrubs, trees, flowers or ground cover. Section 9513.3 Side Yard. The minimum required side yard shall be fifteen feet, except where such side yard is adjacent to a major or primary highway the minimum required yard shall be forty feet; and where such side yard, is adja- cent to a secondary highway the minimum required yard shall be thirty feet. Landscaping of side yards shall be required only when such yards are adjacent to a street, In which case the landscaping regulations for front yards shall apply 5• Ord. No. 1108 Section 9515.4. _ Rear Yards. No minimum rear yard is .required by this Article, Building Codes and Fire Protect- ion Regulations as applicable shall govern in determining minimum rear yard requirements, in the M-1-A Zone. Section 12. That Article 9532 of Article 953 of the Huntington Beach Ordinance Code is hereby amended and, as amended, shall read in words and figures, as follows : Section 9532. Yard and Height ,Repuirements. All . yards shall be measured either from the existing property line, the ultimate right-of-way line as adopted on the Master Plan of Arterial Streets and Highways and any amendments thereto, or any precise plan of a. street and/or alley alignment,whichever may be the greater. Section 13. That Sections 9532.1. 9532.2, 9532.3 and 9532.4 are hereby added to Article 953 of the Huntington Beach Ordinance Code to read in words and figures,as follows: Section 9532.1. Front Yard. None Section 9532. 2. Side Yard. None except that on any lot where the side yard abuts upon a residential zone, there shall be provided a six (6) foot solid masonry wall on such property line. µ Section 9532. 3. Rear Yard. None except that on any lot where the rear yard abuts upon a residential zone, there shall be provided a six (6) foot solid masonry wall on such property line. Section 9532.4. Heir-ht. No building or structure in an M-1 Zone shall exceed a. height of forty (46) feet. 6. Ord. No. 1108 Section 14. That Sections 9556, 9556.1, 9556.21 9556.219 9556.22 and .9556.3-are hereby added to Article 955 of the Huntington Beach Ordinance Code to read in words and figures, as . follows: Section 9556. Yard Requirements. All yards shall be measured either from the existing property line the ul- timate right-of-way line as 'adopted on the Master Flan of Arterial Streets and Highways and any amendments thereto, or any precise plan of a. street and/or alley alignment which- ever may be the greater. Section 9556g 1. Front Yard. None Section 9556.2. _ Side Yard. Section 9556,21. Exterior Side Yard. None Section 9556.22. Interior Side Yard. None Section 9556. 3. Rear Yard. None - Section 15. That Section 9615 of Article 961 of the Huntington Beach Ordinance Code is hereby amended and, as amended, shall read in words and figures as follows : Section 9615, Yards. All yards shall be measured either from the existing property line, the ultimate right- of-way line as adopted on the Master plan of Arterial Streets and Highways and any 'amendments thereto, or any precise plan of a" street and/or alley alignment, whichever may be the greater. The following yards shall be provided and maintain- ed in case of a dwelling or apartment, and where there is a question as to which side or end of the lot is the front, side or rear line of the lot, the Building Inspector or his deputy is hereby authorized to make the determination; provid- ed, however, that on Lots having an area of less than five acres, the narrowest side abutting a street shall be considered the front lot line. Section 16. That Section 9621 of Article 962 of the Huntington Beach Ordinance code is hereby amended and, as amended, shall read in words and figures as follows : 7- Ord. No. 1108 Section 9621. Special Zones. Heauirements and Limit- ations Property classified in the zones enumerated in Sec- tion 9620, hereof, shall be strictly limited to the uses here- inafter anumerated and set forth in this Article. No property shall be rezoned to any of the zones enumerated in Section 9620 unless the written consent or request of the owner or owners is filed with the City Planning Commission, except that in the case of SP-1 Special Zone (Cemetery) property may be reclassified to said zone provided that such property has been dedicated for cemetery purposes by a corporation holding a valid certificate of Cemetery Authority issued by the State of California and whose principal .place of busi- ness is within the City of Huntington Beach. The zones enumerated in Section 9620 of this Code are established due to special circumstances and conditions and at any time the owner or owners of property in said zones file a request, the City Planning Commission shall im- mediately undertake investigation and study toward the re- zoning of said property,, to an appropriate zone within the Comprehensive General Plan. All provisions of the Huntington Beach Ordinance Code that_provide for a transition from one zone to another, or provide for special permission due to the proximity of property zoned for a heavier use, shall not apply to property In zones enumerated in Section 9620, nor to any other prop- erty by reason of its proximity to property zoned in the zones .enumerated in Section 9620 shall be considered Special Zones, restricted as to use and no use shall be permitted in the Zones enumerated in Section 9620 except those uses hereinafter specifically enumerated in this Code. All yards shall be measured either from the exist- ing property line, the ultimate right-of-way line as. adopted on the Master Plan -of Arterial Streets and Highways and any amendments thereto, or any precise plan of a street and/or alley alignment, whichever may be the greater. Section 17. That Section 9787 of the Huntington Beach Ordinance Code is hereby amended and, as amended, shall read in words and figures as follows : Section 9787. Enforcement of Setbacks. All setback lines along any portion of any street or streets, _alley or other public way or place in this City shall hereafter be de- scribed in the respective district in which said street or . streets, alley or other public wa or place is located except as otherwise provided for in the ectional District Maps adopt- ed in Chapter 90 of this Code. _ 8. Ord. No. 1108 Section 18. That Section_ 9787.1 is hereby added to Article '978 of the Huntington Beach Ordinance Code and shall read in words and figures, as follows: Section 9787.1. In all districts the minimum setba: k line shall be measured from the ultimate right-of-way line. Said ultimate right-of-way line shall be as follows: Major Highway 120 ft. Primary Highway 100 ft. Secondary Highway 80 ft. Local Street 60 ft. Cut-de-sac 6o ft. Cul-de-sac. (less than 350 ft.in length) 56 ft. Loop Street 6o ft. Loop Street (less than 350 ft. in length) 56 ft. Service Road 42 ft. Section 19. That Sections 9132.6 and 9132.7 of Article 913 and Section 9788 of Article 978 of the Huntington Beach Ordinance Code are hereby repealed. Section 20. 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 each, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. 9• Ord• No. 1108 PASSED AND ADOPTED by the City Council of the City of- Huntington Beach, California, this 21st day of December 1964. Mayo ATTEST: City erk APPROVED AS TO FORM: JAr1E PLUNKETT " C y -_u U orne eorge hibata, Asst/.City Attorney 10. ORD. NO. 110$ STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, PAUL C. JONES, the duly elected, qualified -and acting City Clerk of the City of Huntington Beach and ex-officio Clerk d the City Council of the said City, do hereby certify that the whole number of members of the CityCouncil of the City of Huntington Beach is five; yi,. that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 7th day of December , 1964, and was again read to said City Council at a regular meeting thereof held on the 21st day of December , 1964, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Gisler, Stewart , Lambert , Shipley NOES: Councilmen: - None ABSENT: Councilmen: Welch City Clerk and- ex.-officio Clerk of the City Council of the City of. Huntington Beach, California -