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HomeMy WebLinkAboutOrdinance #1469 ORDINANCE NO. 1469 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9103 . 3, 9103 . 3 .1, 9163 . 3 . 1, 9203 . 3 . 1 AND 9233 . 3 . 1; BY AMENDING SECTIONS 9102 . 1, 9102. 2, 9102. 2.1. 4, 9162 . 2 .1. 4, 9202. 2 . 1. 4, 9203 . 3, 9232 . 2. 1 . 4; 9233 . 3; AND ADDING THERETO SECTIONS- 9103 . 2.1. 1, 9103 . 3, 9103 .3 . 1, 9103 . 3 . 1.1, 9103 . 3 . 1 .2, 9103:3 .1. 2 .1, gio4 . 5, glo4 . 5. 1, 9106 . 2 .1, gio6 .2 . 1 . 1, 9106 . 2. 1. 2, 9163 . 2 .1. 1, 9163 .3 .1, 9163 . 3 .1. 1, 9164 . 5, 9166 . 5 .1, 9166 . 5 . 2, 9203 . 2. 1. 1, 9203 . 3 .1, 9203 . 3 . 1. 1. 9204 . 5, 9206 . 5 .1, 9206 . 5 .2, 9233 . 2 .1 . 1, 9233 . 3 . 1, 9233 . 3 . 1. 1, 9234 . 5, 9236 . 5 .1, 9236 . 5 .2 AND 9700(w) TO DIVISION 9 OF SAID CODE PERTAINING TO LOT SIZE, LOT WIDTH AND SETBACK IN THE CITY'S RESIDENTIAL DISTRICTS The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Sections 9103 . 3, 9103 .3 . 1, 9163 . 3 .1, 9203 . 3 .1 and 9233 . 3 . 1 of the Huntington Beach Ordinance Code are hereby repealed. SECTION 2. The Huntington Beach Ordinance Code is hereby amended by amending Sections 9102 .1, 9102 . 2, 9102 . 2 .1. 4, 9162 . 2 . 1. 4, 9202 . 2 .1 . 4, 9203 .3 , 9232 . 2 .1. 4 and 9233 . 3 to read as follows : 9102 . 1. MINIMUM LOT AREA. The minimum lot area shall be six thousand (6000) square feet , except that the minimum lot area may be five thousand (5000) square feet provided that : (a) Said lot is situated among six (6) contiguous lots which are owned by the same owner at the time of initial construction, and which average six thousand (6000) square feet in area when considered as a unit; and (b) None of the six (6) contiguous lots considered in subsection (a) for the purpose of determining average lot size are used in the computation of average lot size for 1. any other group of six (6) contiguous lots ; and (c) If said lot is not situated among six (6) contiguous lots , which are owned by the same owner at the time of initial construction, but are situated among less than six (6) contiguous lots , which are owned by the same owner at the time of initial construction, then said lots shall average six thousand (6000) square feet in area when considered as a unit ; and (d) None of the contiguous lots considered in subsec- tion (c) for the purpose of determining average lot size are used in the computation of average lot size for any other group of contiguous lots . 9102 . 2 . MINIMUM LOT WIDTH AND FRONTAGE . The minimum lot width shall be sixty (60) feet, except that the minimum lot width may be fifty (50) feet for any lot provided that : a If said lot is situated among six 6 contiguous ( ) g ( ) g lots , which are owned by the same owner at the time of initial construction, then said lots shall average sixty (60) feet in width when considered as a unit ; and (b) None of the six (6) contiguous lots considered in subsection (a) for the purpose of determining average lot width are used in the computation of average lot widths for any other group of contiguous lots; and (c) If said lot is not situated among six (6) con- tiguous lots, which are owned by the same owner at the time of initial construction, but are situated among less than six (6) contiguous lots , which are owned by the same owner at the time of initial construction, then said lots shall average sixty (60) feet in width when considered as a unit; and (d) None of the contiguous lots considered in subsec- tion (c) for the purpose of determining average lot width are used in the computation of average lot width for any other group of contiguous lots . (e) Cul-de-sac and Knuckle Lots . The minimum frontage for cul-de-sac and knuckle lots shall be forty-five (45) feet . 9102 . 2 . 1. 4 . CALCULATIONS SUBMITTED. In all cases , a licensed land surveyor or civil engineer shall submit calculations showing lot widths , depths and areas . 2 . 9162 . 2 . 1. 4. CALCULATIONS SUBMITTED. In all cases , a licensed land surveyor or civil engineer shall submit calculations showing lot widths, depths and areas. 9202 . 2. 1. 4 . CALCULATIONS SUBMITTED. In all cases , a licensed land surveyor or civil engineer shall submit calculations showing lot widths , depths and areas . 9203 . 3 . REAR YARD . The minimum rear yard set- back shall be ten (10) feet; however, that portion of a two- story dwelling which is constructed over a garage or carport abutting an alley need not be set back further than ten (10) feet from the centerline of such alley . 9232 . 2 . 1. 4. CALCULATIONS SUBMITTED. In all cases , a licensed land surveyor or civil engineer shall submit calculations showing lot widths , depths and areas . 9233 . 3 • REAR YARD. The minimum rear yard set- back shall be ten (10) feet, except as provided in Section 9233 . 4 and except that that portion of a two-story dwelling which is constructed over a garage or carport abutting an alley need not set back further than ten (10) feet from the centerline of such alley. SECTION 3. The Huntington Beach Ordinance Code is hereby amended by adding Sections 9103 . 2 .1. 1, 9103 .3, 9103 .3 .1, 9103 . 3 . 1. 1, 9103 . 3 . 1. 2, 9103 .3 .1. 2 .1, 9104 . 5, 9iO4 . 5 .1, 91o6 . 2 . 1, 91o6 . 2. 1. 1, 9106 . 2 . 1. 2, 9163. 2 . 1. 1, 9163 . 3 . 1, 9163 .3 .1 .1, 9164. 5, 9166 . 5. 1, 9166 . 5 . 2, 9203 . 2. 1. 1, 9203. 3 . 1, 9203. 3 . 1 . 1, 92o4 . 5, 92o6 . 5. 1, 9206 . 5 . 2, 9233 . 2 .1. 1, 9233 .3 . 1, 9233 .3 .1 .1, 9234 . 5, 9236 . 5 . 1, 9236 . 5 . 2 and 9700 (w) to read as follows : 9103 . 2 . 1. 1. EXCEPTION ZERO SIDE YARD. The side yard setback may be zero on one side of the lot provided that : (a) The lot adjacent to that side yard is held under the same ownership at the time of initial construction and the minimum side yard setback for such adjacent lot is either zero or not less than ten (10 ) feet; and (b) The opposite side yard setback is not less than ten (10) feet and is perpetually maintained free and clear from any obstructions other than a three (3) foot eave en- croachment; swimming pools ; normal landscaping; removable patio covers which may extend to and not more than five (5) 3 . feet of the side property line; or garden walls or fences crossing said setback provided they are equipped with a gate, and may be equal in height to first floor double plate but not exceeding nine (9) feet; and (c) The wall located at the zero side yard setback is constructed with maintenance-free, solid decorative masonry for the first story of the dwelling and the second story is constructed with maintenance-free, decorative masonry or masonry veneer with a minimum thickness of two (2) inches . Decorative construction need not be used on that portion of the structure obscured from the vision of the adjacent side yard by the wall located at the zero side yard setback. The wall so constructed shall intersect rear property lines; and (d) No portion of the dwelling or architectural features project over any property line; and (e) The dwelling is not constructed in accordance with the rear yard setback exception allowed in Section 9103 . 3 .1; and (f) The zero side yard is not adjacent to a public or private right of way; and ( ) Exposure protection between structures is pro- vided according to the specifications of the Huntington Beach Fire Department and Huntington Beach Department of Building and Safety; and (h) An administrative review application, accompanied by a precise plan is submitted to the Board of Zoning Ad- justments and approved or conditionally approved by the Board prior to issuance of building permits for the dwelling. Said plan shall delineate all structures proposed for initial construction. The Board, after reviewing said matter, may approve, conditionally approve or deny the precise plan. In its review the Board shall consider placement of all structures, building material and finishing of the wall con- structed along the side lot line . 9103 . 3 . REAR YARD. The minimum rear yard shall be ten (10) feet except as provided in Sections 9103 . 3 . 1, 9103 .3 . 2, 9103 . 3 . 3, 9103 . 4 and 9106 .2 of this code . 9103 . 3 . 1. EXCEPTION. ZERO REAR YARD SETBACK. The rear yard setback may be reduced to zero provided 4 . that : (a) The lot adjacent to that rear yard is held under the same ownership at the time of initial construc- tion, and the minimum rear yard setback for such adjacent lot is either zero or not less than ten (10) feet; and (b) The wall located at the zero rear yard setback is constructed with maintenance-free, solid decorative masonry for the first story of the dwelling and the second story is constructed with maintenance-free, dec- orative masonry or masonry veneer with a minimum thick- ness of two (2) inches . Decorative construction need not be used on that portion of the structure obscured from the vision of the adjacent rear yard by the wall located at the zero rear yard setback. The wall so constructed shall intersect side property lines ; and (c) No portion of the dwelling or architectural features project over any property lines ; and (d) The dwelling is not constructed in accordance with the side yard setback exception allowed by Section 9103 .2 . 1. 1; and (e) The zero rear yard is not adjacent to a public or private right of way; and (f) Exposure protection between structures is pro- vided according to the specifications of the Huntington Beach Fire Department and the Huntington Beach Department of Building and Safety; and (g) An administrative review application, accom- panied by a precise plan, is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board prior to issuance of building permits for the dwelling. Said plan shall delineate all structures proposed for initial construction. The Board, after re- viewing said matter, may approve, conditionally approve or deny the precise plan. In its review the Board shall consider placement of all structures , building material and finishing of the wall constructed along the rear lot line . 9103 . 3 . 1. 1. MINIMUM OPEN SPACE. A minimum open space of twelve hundred (1200) square feet with a minimum dimen- sion of twenty-five (25) feet shall be provided within an area behind the front setback, exclusive from structures , driveways , driveway easements or open parking areas , and 5 • may be allocated as follows : (a) A minimum open space of nine hundred (900) square feet with a minimum dimension of twenty-five (25) feet may be allocated in one (1) area. The remaining three hundred (300 ) square feet of open space may be divided into two (2) areas , each having a minimum dimension of fifteen (15) feet ; or (b) Open space may be divided into two (2) areas , each having a minimum area of 625 square feet with a minimum dimension of twenty-five (25) feet . For the purpose of this section, a front yard shall be that area between the front property line and that line delineated on an approved plot plan by a structure over forty-two (42) inches in height such as a dwelling, garage, fence or wall which provides a physical separation between an area and the remainder of the lot . 9103 .3 .1. 2 . EXCEPTIONS . Any legal building site, as provided by Section 9102 .1 . 1, shall provide open space behind the front setback of the lot . Said open space may be divided into two (2) areas , each having a minimum di- mension of fifteen (15) feet plus two (2) feet for each five (5) feet of lot frontage over twenty-five (25) feet , but said minimum dimension shall not exceed twenty-five (25) feet, and shall not include any enclosed structures , driveways , driveway easements , or open parking areas . Said open space shall be provided at the ratio of 120 square feet of open space for each five (5) feet of lot frontage; provided, however, that said open space need not exceed twelve hundred (1200) square feet . 9103 . 3 . 1. 2 .1. WATERFRONT LOTS . Waterfront lots with forty (40) feet or more of water frontage, shall not be subject to the open space requirement; however, this pro- vision shall not exclude said lots from the requirements of Section 9103 . 3 . 9104 . 5 . EXCEPTIONS. 9104 . 5 . 1 . In order to allow variation in street scenes , setbacks of walls, fences and hedges may be re- duced to not less than six (6) feet provided that : (a) An administrative review application, accom- panied by a precise plan delineating all structures , walls, fences and hedges is submitted to the Board of Zoning Ad- 6 . justments and approved or conditionally approved by the Board; and (b) Within a triangular area formed by measuring ten (10) feet along the front property line from the point of intersection of the front property line and the edge of the driveway and seven and one-half (72) feet along the edge of said driveway, there is no structure, fence, wall, hedge or landscaping above the height of forty-two (42) inches or below seven (7) feet that would obstruct vision; and (c) Within a triangular area formed by measuring twenty-five (25) feet along the front and twenty-five (25) feet along the exterior property lines from the point of intersection of the prolongation of the front and exterior property lines , there is no structure , fence , wall, hedge or landscaping above the height of forty-two (42) inches or below seven (7) feet that would obstruct vision; and (d) The reduction of the setback is made during initial construction of the dwelling on the lot; and (e) The reduction is made on lots that are a part of at least five (5) or more contiguous legal building sites held under the same ownership; and (f) The maximum height for fences , walls or hedges do not exceed six (6) feet when erected within the front yard setback for the dwelling; provided, however, there may be a transition between six (6) foot fences or walls and those fences or walls which are permitted on the side property line in excess of six (6) feet . 9106. 2 . 1. EXCEPTIONS . 9106. 2 . 1. 1 . In order to allow variation in the street scene, garage setbacks may be reduced to not less than, nor more than, seven and one-half (72) feet provided that : (a) An administrative review application, accom- panied by a precise plan delineating all structures is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board; and (b) The reduction of the setback is made during initial construction of the dwelling on the lot; and (c) The reduction of the garage setback is made on 7 . lots that are a part of at least five (5) or more con- tiguous legal building sites held under the same owner- ship; and (d) The garage doors are equipped with automatic door openers ; and (e) On-street parking is available for at least one (1) automobile in front of the lot for which the reduction is requested; and (f) The garage fronts on a street and is entered directly from that street . 9106 . 2 . 1. 2 . GARAGE FRONT SETBACK. Garages which side on the front setbacks of lots on which they are situated may have their sides set back not less than ten (10) feet from the front of said lot . 9163 . 2 . 1.1 . EXCEPTION. ZERO SIDE YARD . The side yard setback may be zero on one side of the lot provided that : (a) The lot adjacent to that side yard is held under the same ownership at the time of initial construction and the minimum side yard setback for such adjacent lot is either zero or not less than ten (10) feet; and (b) The opposite side yard setback is not less than ten (10) feet and is perpetually maintained free and clear from any obstructions other than a three (3) foot eave en- croachment; swimming pools, normal landscaping; removable patio covers which may extend to and not more than five (5) feet of the side property line; or garden walls or fences crossing said setback provided they are equipped with a gate, and may be equal in height to first floor double plate but not exceeding nine (9) feet; and (c) The wall located at the zero side yard setback is constructed with maintenance-free, solid decorative masonry for the first story of the dwelling and the second story is constructed with maintenance-free, decorative masonry or masonry veneer with a minimum thickness of two (2) inches . Decorative construction need not be used on that portion of the structure obscured from the vision of the adjacent side yard by the wall located at the zero side yard setback. The wall so constructed shall intersect rear property lines ; and (d) No portion of the dwelling or architectural I 8 . features project over any property line; and (e) The dwelling is not constructed in accordance with the rear yard setback exception allowed in Section 9163 . 3 . 1; and (f) The zero side yard is not adjacent to a public or private right of way; and (g) Exposure protection between structures is pro- vided according to the specifications of the Huntington Beach Fire Department and Huntington Beach Department of Building and Safety; and (h) An administrative review application, accom- panied by a precise plan is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board prior to issuance of building permits for the dwelling. Said plan shall delinate all structures proposed for initial construction. The Board, after re- viewing said matter, may approve , conditionally approve or deny the precise plan. In its review the Board shall consider placement of all structures , building material and finishing of the wall constructed along the side lot line . 9163 . 3 . 1. EXCEPTION. ZERO REAR YARD SETBACK. The rear yard setback may be reduced to zero provided that : (a) The lot adjacent to that rear yard is held under the same ownership at the time of initial construc- tion, and the minimum rear yard setback for such adjacent lot is either zero or not less than ten (10 ) feet; and (b) The wall located at the zero rear yard setback is constructed with maintenance-free, solid decorative masonry for the first story of the dwelling and the second story is constructed with maintenance-free , dec- orative masonry or masonry veneer with a minimum thick- ness of two (2) inches . Decorative construction need not be used on that portion of the structure obscured from the vision of the adjacent rear yard by the wall located at the zero rear yard setback. The wall so con- structed shall intersect side property lines ; and (c) No portion of the dwelling or architectural features project over any property lines ; and (d) The dwelling is not constructed in accordance 9 . with the side yard setback exception allowed by Section 9163 . 2 . 1. 1; and (e) The zero rear yard is not adjacent to a public or private right of way; and (f) Exposure protection between structures is pro- vided according to the specifications of the Huntington Beach Fire Department and the Huntington Beach Department of Building and Safety; and (g) An administrative review application, accom- panied by a precise plan, is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board prior to issuance of building permits for the dwelling. Said plan shall delineate all structures proposed for initial construction. The Board, after re- viewing said matter, may approve, conditionally approve or deny the precise plan. In its review the Board shall consider placement of all structures , building material and finishing of the wall constructed along the rear lot line . 9163 .3 . 1. 1. MINIMUM OPEN SPACE. A total open space of nine hundred (900 ) square feet , with minimum dimensions of twenty (20) feet , shall be provided within the rear two- thirds (2/3) of the lot . Said open space may be divided into two areas , each having a minimum area of 450 square feet with minimum dimensions of twenty (20) feet . Said open space shall not include any type of roofed or enclosed structure . For the purpose of this section, driveways , driveway easements or open parking areas shall not be con- sidered open space. 9164 . 5. EXCEPTION FENCE AND WALL SETBACK. In order to allow variation in street scenes , setbacks of walls , fences and hedges may be reduced to not less than six (6) feet provided that : (a) An administrative review application,, accom- panied by a precise plan delineating all structures , walls , fences and hedges is submitted to the Board of Zoning Ad- justments and approved or condtionally approved by the Board; and (b) Within a triangular area formed by measuring ten (10) feet along the front property line from the point of intersection of the front property line and the edge of the driveway and seven and one-half (712) feet along the edge of said driveway, there is no structure, fence, wall, hedge 10 . or landscaping above the height of forty-two (42) inches or below seven (7) feet that would obstruct vision; and (c) Within a triangular area formed by measuring twenty-five (25) feet along the front and twenty-five (25) feet along the exterior property lines from the point of intersection of the prolongation of the front and exterior property lines , there is no structure, fence, wall, hedge or landscaping above the height of forty-two (42) inches or below seven (7) feet that would obstruct vision; and (d) The reduction of the setback is made during initial construction of the dwelling on the lot; and (e) The reduction is made on lots that are a part of at least five (5) or more contiguous legal building sites held under the same ownership; and (f) The maximum height for fences , walls or hedges do not exceed six (6) feet when erected within the front yard setback for the dwelling; provided, however, there may be a transition between six (6) foot fences or walls and those fences or walls which are permitted on the side property line in excess of six (6) feet . 9166 . 5 . 1. EXCEPTION. GARAGE SETBACK. In order to allow variation in the street scene, garage setbacks may be reduced to not less than, nor more than, seven and one-half (72) feet provided that : (a) An administrative review application, accom- panied by a precise plan delineating all structures is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board; and (b) The reduction of the setback is made during initial construction of the dwelling on the lot; and (c) The reduction of the garage setback is made on lots that are a part of at least five (5) or more contiguous legal building sites held under the same ownership; and (d) The garage doors are equipped with automatic door openers; and (e) On-street parking is available for at least one (1) automobile in front of the lot for which the reduction is requested; and 11. (f) The garage fronts on a street and is entered directly from that street . 9166 . 5. 2 . GARAGE FRONT SETBACK. Garages which side on the front setbacks of lots on which they are situated may have their sides set back not less than ten (10) feet from the front of said lot . 9203 . 2 . 1. 1. EXCEPTION. ZERO SIDE YARD . The side yard setback may be zero on one side of the lot provided that : (a) The lot adjacent to that side yard is held under the same ownership at the time of initial construction and the minimum side yard setback for such adjacent lot is either zero or not less than ten (10) feet; and (b) The opposite side yard setback is not less than ten (10) feet and is perpetually maintained free and clear from any obstructions other than a three (3) foot eave en- croachment; swimming pools; normal landscaping; removable patio covers which may extend to and not more than five (5) feet of the side property line; or garden walls or fences crossing said setback provided they are equipped with a gate, and may be equal in height to first floor double plate but not exceeding nine (9) feet; and (c) The wall located at the zero side yard setback is constructed with maintenance-free , solid decorative masonry for the first story of the dwelling and the second story is constructed with maintenance-free, decorative masonry or masonry veneer with a minimum thickness of two (2) inches . Decorative construction need not be used on that portion of the structure obscured from the vision of the adjacent side yard by the wall located at the zero side yard setback. The wall so constructed shall inter- sect rear property lines; and (d) No portion of the dwelling or architectural features project over any property line; and (e) The dwelling is not constructed in accordance with the rear yard setback exception allowed in Section 9203 3 .1; and (f) The zero side yard is not adjacent to a public or private right of way; and (g) Exposure protection between structures is pro- 12 . vided according to the specifications of the Huntington Beach Fire Department and Huntington Beach Department of Building and Safety; and (h) An administrative review application, accom- panied by a precise plan is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board prior to issuance of building permits for the dwelling. Said plan shall delineate all structures proposed for initial construction. The Board, after re- viewing said matter, may approve, conditionally approve or deny the precise plan. In its review the Board shall consider placement of all structures , building material and finishing of the wall constructed along the side lot line 9203 . 3 . 1. EXCEPTION. ZERO REAR YARD SETBACK. The rear yard setback may be reduced to zero provided that : (a) The lot adjacent to that rear yard is held under the same ownership at the time of initial construc- tion, and the minimum rear yard setback for such adjacent lot is either zero or not less than ten (10) feet; and (b) The wall located at the zero rear yard setback is constructed with maintenance-free , solid decorative masonry for the first story of the dwelling and the second story is constructed with maintenance-free, dec- orative masonry or masonry veneer with a minimum thick- ness of two (2) inches . Decorative construction need not be used on that portion of the structure obscured from the vision of the adjacent rear yard by the wall located at the zero rear yard setback. The wall so constructed shall intersect side property lines ; and (c) No portion of the dwelling or architectural features project over any property lines ; and (d) The dwelling is not constructed in accordance with the side yard setback exception allowed by Section 9203 . 2 . 1.1; and (e) The zero rear yard is not adjacent to a public or private right of way; and (f) Exposure protection between structures is pro- vided according to the specifications of the Huntington Beach Fire Department and the Huntington Beach Department of Building and Safety; and 13 . (g) An administrative review application, accom- panied by a precise plan, is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board prior to issuance of building permits for the dwelling. Said plan shall delineate all structures proposed for initial construction. The Board, after reviewing said matter, may approve , conditionally approve or deny the pre- cise plan. In its review the Board shall consider placement of all structures , building material and finishing of the wall constructed along the rear lot line . 9203 .3 .1. 1. MINIMUM OPEN SPACE . A total open space of six hundred (600) square feet shall be provided within the rear yard Said open space may be divided into two areas , each having a minimum area of three hundred (300) square feet and minimum dimensions of ten (10) feet . Said open yard or areas shall not include any type of roofed or enclosed structures . For the purpose of this section, driveways , driveway easements or open parking areas shall not be considered open space. 9204 . 5 . EXCEPTION. FENCE AND WALL SETBACK. In order to allow variation in street scenes, setbacks of walls , fences and hedges may be reduced to not less than six (6) feet provided that : (a) An administrative review application, accompanied by a precise plan delineating all structures , walls , fences and hedges is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board; and (b) Within a triangular area formed by measuring ten (10) feet along the front property line from the point of intersection of the front property line and the edge of the driveway and seven and one-half (72) feet along the edge of said driveway , there is no structure, fence, wall, hedge or landscaping above the height of forty-two (42) inches or below seven (7) feet that would obstruct vision; and (c) Within a triangular area formed by measuring twenty-five (25) feet along the front and twenty-five (25) feet along the exterior property lines from the point of intersection of the prolongation of the front and exterior property lines , there is no structure, fence, wall, hedge or landscaping above the height of forty-two (42) inches or below seven (7) feet that would obstruct vision; and 14 . (d) The reduction of the setback is made during initial construction of the dwelling on the lot; and (e) The reduction is made on lots that are a part of at least five (5) or more contiguous legal building sites held under the same ownership; and (f) The maximum height for fences , walls or hedges do not exceed six (6) feet when erected within the front yard setback for the dwelling; provided, however, there may be a transition between six (6) foot fences or walls and those fences or walls which are permitted on the side property line in excess of six (6) feet . 9206 . 5 . 1. EXCEPTION. GARAGE SETBACK. In order to allow variation in the street scene, garage setbacks may be reduced to not less than, nor more than, seven and one-half (72) feet provided that : (a) An administrative review application, accom- panied by a precise plan delineating all structures is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board; and (b) The reduction of the setback is made during ini- tial construction of the dwelling on the lot; and (c) The reduction of the garage setback is made on lots that are a part of at least five (5) or more con- tiguous legal building sites held under the same owner- ship; and (d) The garage doors are equipped with automatic door openers; and (e) On-street parking is available for at least one (1) automobile in front of the lot for which the reduction is requested; and (f) The garage fronts on a street and is entered directly from that street . 9206 . 5 . 2 . GARAGE FRONT SETBACK . Garages which side on the front setbacks of lots on which they are situated may have their sides set back not less than ten (10 ) feet from the front of said lot . 9233 . 2 .1. 1. EXCEPTION. ZERO SIDE YARD . The side yard setback may be zero on one side of the lot provided that : 15. (a) The lot adjacent to that side yard is held under the same ownership at the time of initial construction and the minimum side yard setback for such adjacent lot is either zero or not less than ten (10) feet; and (b ) The opposite side yard setback is not less than ten (10 ) feet and is perpetually maintained free and clear from any obstructions other than a three (3) foot eave en- croachment; swimming pools ; normal landscaping; removable patio covers which may extend to and not more than five (5) feet of the side property line; or garden walls or fences crossing said setback provided they are equipped with a gate, and may be equal in height to first floor double plate but not exceeding nine (9) feet; and (c ) The wall located at the zero side yard setback is constructed with maintenance-free, solid decorative masonry for the first story of the dwelling and the second story is constructed with maintenance-free, decorative masonry or masonry veneer with a minimum thickness of two (2) inches . Decorative construction need not be used on that portion of the structure obscured from the vision of the adjacent side yard by the wall located at the zero side yard setback. The wall so constructed shall inter- sect rear property lines; and (d) No portion of the dwelling or architectural features project over any property line; and (e) The dwelling is not constructed in accordance with the rear yard setback exception allowed in Section 9233 . 3. 1; and (f) The zero side yard is not adjacent to a public or private right of way; and (g) Exposure protection between structures is pro- vided according to the specifications of the Huntington Beach Fire Department and Huntington Beach Department of Building and Safety; and (h) An administrative review application, accom- panied by a precise plan is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board prior to issuance of building permits for the dwelling. Said plan shall delineate all structures proposed for initial construction. The Board, after re- viewing said matter, may approve, conditionally approve or deny the precise plan. In its review the Board shall 16 . consider placement of all structures , building material and finishing of the wall constructed along the side lot line . 9233 .3 . 1. EXCEPTION. ZERO REAR YARD SETBACK. The rear yard setback may be reduced to zero provided that : (a) The lot adjacent to that rear yard is held under the same ownership at the time of -initial construction, and the minimum rear yard setback for such adjacent lot is either zero or not less than ten (10) feet; and (b) The wall located at the zero rear yard setback is constructed with maintenance-free, solid decorative masonry for the first story of the dwelling and the second story is constructed with maintenance-free, dec- orative masonry or masonry veneer with a minimum thick- ness of two (2) inches . Decorative construction need not be used on that portion of the structure obscured from the vision of the adjacent rear yard by the wall located at the zero rear yard setback. The wall so constructed shall intersect side property lines ; and (c) No portion of the dwelling or architectural features project over any property lines ; and (d) The dwelling is not constructed in accordance with the side yard setback exception allowed by Section 9233 .2 . 1.1; and (e) The zero rear yard is not adjacent to a public or private right of way; and (f) Exposure protection between structures is pro- vided according to the specifications of the Huntington Beach Fire Department and the Huntington Beach Department of Building and Safety; and (g) An administrative review application, accom- panied by a precise plan, is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board prior to issuanceof building permits for the dwelling. Said plan shall delineate all structures proposed for initial construction. The Board, after re- viewing said matter, may approve, conditionally approve or deny the precise plan. In its review the Board shall consider placement of all structures , building material and finishing of the wall constructed along the rear lot line . 17 . 9233 . 3 . 1. 1. MINIMUM OPEN SPACE . A total open space of six hundred (600) square feet , with minimum dimensions of ten (10) feet, shall be provided within the rear two- thirds (2/3 ) of the lot . Said open space may be divided into two areas , each having a minimum area of three hundred (300 ) square feet with minimum dimensions of ten (10) feet . Said open space shall not include any type of roofed or en- closed structure . For the purpose of this section, driveways , driveway easements or open parking areas shall not be con- sidered open space . 9234 .5 . EXCEPTION. FENCE AND WALL SETBACK. In order to allow variation in street scene, setbacks of walls , fences and hedges may be reduced to not less than, nor more than, six (6) feet provided that : (a) An administrative review application, accom- panied by a precise plan delineating all structures , walls , fences and hedges is submitted to the Board of Zoning Ad- justments and approved or conditionally approved by the Board; and (b) Within a triangular area formed by measuring ten (10) feet along the front property line from the point of intersection of the front property line and the edge of the driveway and seven and one-half (72) feet along the edge of said driveway, there is no structure, fence, wail, hedge or landscaping above the height of forty-two (42) inches or below seven (7) feet that would obstruct vision; and (c) Within a triangular area formed by measuring twenty-five (25) feet along the front and twenty-five (25) feet along the exterior property lines from the point of intersection of the prolongation of the front and ex- terior property lines , there is no structure, fence, wall, hedge or landscaping above the height of forty-two (42) inches or below seven (7) feet that would obstruct vision; and (d) The reduction of the setback is made during initial construction of the dwelling on the lot; and (e) The reduction is made on lots that are a part of at least five (5) or more contiguous legal building sites held under the same ownership; and (f) The maximum height for fences , walls or hedges do not exceed six (6) feet when erected within the front 18 . yard setback for the dwelling; provided, however, there may be a transition between six (6) foot fences or walls and those fences or walls which are permitted on the side property line in excess of six (6) feet . 9236 . 5 . 1. EXCEPTION. GARAGE SETBACK. In order to allow variation in the street scene, garage setbacks may be reduced to not less , nor more than seven and one- half (7 2) feet provided that : (a) An administrative review application, accom- panied by a precise plan delineating all structures is submitted to the Board of Zoning Adjustments and approved or conditionally approved by the Board; and (b) The reduction of the setback is made during initial construction of the dwelling on the lot; and (c) The reduction of the garage setback is made on lots that are apart of at least five (5) or more con- tiguous legal building sites held under the same owner- ship; and (d) The garage doors are equipped with automatic door openers; and (e) On-street parking is available for at least one (1) automobile in front of the lot for which the reduction is requested; and (f) The garage fronts on a street and is entered directly from that street . 9236 . 5 . 2 . GARAGE FRONT SETBACK. Garages which side on the front setbacks of lots on which they are situated may have their sides set back not less than ten (10 ) feet from the front of said lot . 9700(w) Waterfront Lot shall mean any lot or portion thereof abutting a navigable waterway such as a bay, cove or channel. SECTION 4 . The provisions of these sections insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter shall be construed as restatements and continuations and not as new enactments . 19. SECTION 5 . This ordinance shall take effect thirty days from its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be pub- lished within fifteen days of its adoption in the Huntington Beach News , a newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of February 1969 . ti Mayor ATTEST: City nerk APPROVED AS TO FORM: City Attorney CJL:ahb 20.. Ord. No. 1469 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 of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 3rd day of February 19 69 and was again read to said City Council at a regular meeting thereof held on the 17th day of February , 19 69 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES : Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green, Coen NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and -officio Clerk of the City Council of the City of Huntington Beach, California '• Q+ I- - 4ON€6; CITY EI€�tK of the City of "WOR9 nrf aeAch And ex-officio Clerk of the City do 1WrtOY Certify that this ordinance has PPeR Q� in 1119 0490noton Beach News on i fd3F" 4Y4 I a C.ChhOf tr of Slid City, ` ,<City Ck►k Otputy City Cierk