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HomeMy WebLinkAboutOrdinance #1494 ORDINANCE NO. 1494 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9253, 9436 , 9532 . 4 AND 9555 THEREOF; BY RENUMBERING SECTIONS 9435, 9514, 9515, 9516, 9517, 95i8, 9533, 9533 . 1, 9556, 9556 . 1, 9556 . 2, 9556 . 2 .1, 9556 .2 .2 AND 9556 . 3; BY AMENDING SECTIONS 9434 .1, 9434 .2, 9434. 3, 9473 AND 9519; AND ADDING SECTIONS 9253, 9253 . 1, 9253 .1. 1, 9253 . 2, 9253 .2 .1, 9435, 9435 . 1, 9435 .1 . 1, ' 9435 . 2, 9435 . 2 .1, 9435 .3 , 9471. 4 . 1, 9471 . 4 . 2, 9471. 4 . 2 .1, 9471. 4 . 2 .1 .1, 9473. 1, 9514, 9514. 1, 9514 1..>1, 9514 . 2, 9514 . 3 , 9514 . 3 .1, 9514 . 4, 9533, 9533 .1, 9533 .1 . 1, 9533 .2, 9533 . 3, 9533 . 3 . 1, 9533 . 4, 9556 , 9556 . 1, 9556 .1 .1, 9556 . 2, 9556 . 3, 9556-:3 .1 .AND 9556 . 4 PERTAINING TO DEVELOPMENT STANDARDS' IN THE R5, C2, C4, Ml-A, Ml AND M2 DISTRICTS ' The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. Sections 9253, 9436, 9532 . 4 and 9555 of the Huntington Beach Ordinance Code are hereby repealed. SECTION 2 . The following sections of the Huntington Beach Ordinance Code are hereby renumbered as follows : 9435 to 9436 9514 to 9515 9515 to 9516 9516 to 9517 9517 to 9518 9518 to 9519 9533 to 9534 9533 . 1 to 9534 . 1 9556 to 9555 9556 . 1 to 9555 . 1 9556 . 2 to 9555 .2 9556 . 2 . 1 to 9555 . 2 . 1 9556 . 2 . 2 to 9555. 2 . 2 9556 . 3 to 9555 . 3 SECTION 3 . The Huntington Beach Ordinance Code is hereby 1 . amended by amending Sections 9434 . 1, 9434 . 2, 9434 . 3, 9473 and 9519 to read as follows : 9434 . 1. FRONT YARD . The front yard setback shall be ten (10 ) feet except as otherwise designated on a sectional district map . 9434 . 2 . SIDE YARD. (a) Exterior Side Yard . The minimum exterior side yard setback shall be ten 10 feet except as otherwise designated on a sectional district map . (b) Interior Side Yard. The minimum interior side yard setback shall be zero, except where the permitted use abuts a residential district , then the setback shall be a minimum of ten (10 ) feet . 9434 . 3 . REAR YARD . The minimum rear yard setback shall be zero, except where the permitted use abuts a residential district , then the setback shall be a minimum of ten (10) feet . 9473 . HEIGHT LIMITATIONS . ALL USES . The maxi- mum building height in this district shall be three (3) stories , but not to exceed thirty-five (35) feet . 9519 . GENERAL REQUIREMENTS . (a) Fencing. No fencing will be permitted along front property . Fencing along the side yard within the front setback is optional . Otherwise the sites shall be completely fenced with a six (6) foot chain link type fence , or equal, to the front building line . (b ) Lighting. 1. On sites where nighttime operations are antici- pated, adequate lighting shall be provided for all automobile parking areas , trucking and load- ing areas , and all pedestrian and vehicle access points. 2 . No yard or sign illumination shall be allowed to shine directly upon, or to cast a glare upon any public street or any adjacent property . (c) Signs 1. No billboards or advertising leases shall be 2 . permitted within this zone . 2 . A single sign shall be allowed on the front of each facility (facing the roadway) , advertising only the name, product , or service of the tenant . When the building is on a corner, or backs up to a freeway or highway, a second sign may be per- mitted. 3 . Products and service signs shall be single faced and confined to the walls of the larger build- ings or to secondary structures which are lower than the main building. However, a symbol or device, grouped with the sign, may extend above the roof or firewall, but not to exceed ten (10) feet . Sign towers will not be permitted, nor illuminated water towers . 4. Signs located on other than the main building (gateways , concrete or masonry yard enclosures ) shall be subject to the approval of the Planning Commission. When permitted, they shall only be back lighted or floodlighted, and letters shall not exceed twelve (12) inches in height . 5 . No advertising signs shall be placed on chain link fences . 6. Illuminated emblems may be placed on the roof providing they do not exceed one-half the height of the major portion of the building or a maxi- mum of fifteen (15 ) feet . 7. In addition to these requirements , signs shall meet the requirement of the Huntington Beach city building code . (d) Buildings . 1. All structures erected within the Ml-A zone shall, with the exception of trim and minor architectural features, be constructed of ceramics , masonry, concrete, stucco or other materials of a similar nature, or metal panels approved by the Planning Commission. 2 . All buildings erected shall conform to the appli- cable building codes and ordinances . 3. (e) Standards of Performance 1. Sound shall be muffled so as not to become objectionable due to intermittence , beat frequency or shrillness . The measurement of sound shall be measured at the lot lines and shall be measured to decibles with a sound level meter and associated octave band filter, manu- factured according to standards prescribed by the American Standards Association. Maximum permissible sound pressure levels shall comply with the following standards : MAXIMUM SOUND PRESSURE LEVEL IN DECIBLES 0 . 002 Dynes per Square Centimeter Octave Bank in Adjacent Residential Lot Line of Use Cycles/Second District Boundaries in the Ml-A Zone 0-75 72 79 75-150 59 74 150-300 52 66 300-600 46 59 600-1200 42 53 1200-2400 39 47 2400-4800 34 41 Above 4800 32 31 2 . Smoke shall not be emitted from any source in a greater density of grey than that described as No . 1 on the Ringlemann Chart, except that visible grey smoke of a shade not darker than that described as No . 2 on the Ringlemann Chart may be emitted for not more than four (4 ) minutes in any thirty (30) minutes . These pro- visions , applicable to visible grey smoke , shall also apply to visible smoke of a different color but with an equivalent apparent opacity . 3 . Dust, dirt, fly ash or airborne solids , from any source, shall not be in a density greater than that described as No. 1 on the Ringlemann Chart . 4 . Odors from gases or other odorous matters shall not be in such quantities as to be offensive be- yond the lot line of the use . 4 . 5 . Toxic gases or matter shall not be emitted which can cause any damage to health, to animals or vegetation, or other forms of property, or which can cause any excessive soiling beyond the lot lines of the use . 6 . Vibration from any machine, operation or process which can cause a displacement of .003 of one (1) inch, as measured at the lot lines of the use, shall be prohibited. Shock absorbers or similar mountings shall be allowed which will reduce vi- bration below .003 of one (1) inch, as measured at the lot lines . 7. Glare and heat from any source shall not be pro- duced beyond the lot lines of the use . 8. Radioactivity and Electrical Disturbances . Except with the prior approval of the commission as to specific additional uses , the use of radioactive material within the M1-A zone shall be limited to measuring, gauging and calibration devices ; as tracer elements; in X ray and like apparatus; and in connection with the processing and preservation of foods . In no event shall radioactivity, when measured at each lot line, be in excess of 2 .7 x 10 to 11 microcuries per milliliter of air at any moment of time . Radio and television transmitters shall be operated at the regularly assigned wave lengths (or within the authorized tolerances therefor) as assigned thereto by the appropriate governmental agency . Subject to such exception and the operation of domestic household equipment , all electrical and electronic devices and equipment shall be suitably wired, shielded and controlled so that in operation they shall not , beyond the lot lines , emit any electrical impulses or waves which will adversely affect the operation and control of any other electrical or electronic devices and equipment . SECTION 4 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Sections 9253, 9253 .1 9253 . 1.1, 9253 .2, 9253 . 2 . 1, 9435, 9435 . 1, 9435 . 1. 1, 9435 .2 , 9435 . 2 . 1, 9435 .3, 9471. 4 . 1, 9471. 4 . 2, 9471. 4 . 2 . 1, 9471 . 4 .2 .1. 1, 9473 .1, 9514, 9514 . 1, 9514 . 1. 1, 9514 . 2, 9514 . 3, 9514 . 3 . 1, 9514 . 4, 9533, 9533 . 1, 9533 . 1.1, 9533 . 2, 9533 . 3, 9533 . 3 . 1, 9533 . 4, 9556, 9556 .1, 9556 .1 .1, 9556 . 2, 9556 . 3, 9556 . 3 . 1 and 9556 . 4 to read as follows : 5 . 9253 . DEVELOPMENT STANDARDS . ALL PERMITTED USES . 9253 . 1. SITE AREA. (a) Minimum Building Site . The minimum site area shall be six thousand 000) square feet . (b) Minimum Frontage . The minimum frontage shall be sixty (60) feet . 9253 . 1. 1. EXCEPTION . Any parcel or lot , or combina- tion of parcels and lots , existing as a legal building site on or before the effective date of this section shall remain a legal building site . 9253 . 2 . BUILDING HEIGHT. The maximum building height shall be three (3 ) stories , but not to exceed thirty- five (35 ) feet . 9253 . 2 . 1. EXCEPTION. Rooftop mechanical equipment and screening may exceed the thirty-five (35) foot height limit, provided, however, they shall not exceed building height by more than fourteen (14 ) feet . Screening shall set back fifteen (15) feet from any exterior building edge and shall not project above the equipment which it is designed to shield from view. 9435 . DEVELOPMENT STANDARDS . 9435 . 1. SITE AREA. (a) Minimum Building Site . The minimum building site area shall be ten thousand (10 ,000) square feet . (b ) Minimum Frontage . The minimum frontage shall be one hundred 100 feet . (c) Reduction of Building Site or Frontage . The minimum building site or frontage, or both minimum building site and frontage, may be reduced provided one of the following con- ditions have been met : 1. A plot plan encompassing the entire parcel and delineating all structures proposed for initial or future construction has been approved by the Board of Zoning Adjustments , Planning Commission or City Council prior to approval of a division of land, and all applicable city ordinances are 6 . complied with. 2 . An administrative review application accompanied by a plot plan encompassing the entire parcel is submitted to the Board of Zoning Adjustments for approval prior to approval of a division of land. Said plan shall delineate all structures proposed for initial or future construction. The Board, after reviewing the application, may approve, conditionally approve or deny the re- quest . 9435 . 1. 1. EXCEPTION. Any parcel or lot , or combina- tion of parcels and lots , existing as a legal building site on or before the effective date of this section shall remain a legal building site . 9435 . 2 . BUILDING HEIGHT . No building structure or combination of buildings and structures shall exceed fifty (50) feet in height . 9435 . 2 . 1. EXCEPTION . Rooftop mechanical equipment and screening may exceed the fifty (50 ) foot. height limit, pro- vided, however, they shall not exceed building height by more than fourteen (14 ) feet . Screening shall be set back fifteen (15) feet from any exterior building edge and shall not project above the equipment which it is designed to shield from view. 9435 . 3 . COVERAGE . The maximum ground floor area of all enclosed buildings shall not exceed fifty (50) percent of the site area. 9471. 4 . 1. YARD REQUIREMENTS . (a) Front Yard. The minimum front yard setback shall be ten (10 ) feet , except as otherwise designated on a sectional district map . (b ) Side Yard . 1. Exterior Side Yard. The minimum exterior side yard setback shall be ten (10) feet , except as otherwise designated on a sectional district map . 2 . Interior Side Yard. The interior side yard setback may be zero, except where permitted use abuts a residential district, in which case a minimum of ten (10) feet shall be provided. 7 . (c) Rear Yard. The rear yard setback may be zero except where the permitted use abuts a residential district, then the setback shall be a minimum of ten (10 ) feet in the rear yard. 9471 . 4 . 2 . DEVELOPMENT STANDARDS . 9471. 4 . 2 . 1. SITE AREA . (a) Minimum Building Site . The minimum building site area shall be six thousand ( 000 ) square feet . (b ) Minimum Frontage . The minimum frontage shall be sixty (60) feet . 9471 . 4. 2 . 1. 1. EXCEPTION. Any parcel or lot, or combina- tion of parcels and lots , existing as a legal building site on or before the effective date of this section shall remain a legal building site . 9473 . 1. EXCEPTION . (a) Maximum sign height within the front yard setback shall be fifty (50) feet . (b ) Rooftop mechanical equipment and screening may exceed the thirty-five (35) foot height limit, provided, however, they shall not exceed building height by more than fourteen (14) feet . Screening shall set back fifteen (15) feet from any ex- terior building edge and shall not project above the equipment which it is designed to shield from view. 9514 . DEVELOPMENT STANDARDS . 9514 .1. MINIMUM BUILDING SITE . The minimum build- ing site area shall be one (1) acre . 9514 . 1. 1. EXCEPTION . Any parcel or lot , or combina- tion of parcels and lots , existing as a legal building site on or before the effective date of this section shall remain a legal building site for purposes of Division 9 of the Hunt- ington Beach Ordinance Code . 9514 . 2 . MINIMUM FRONTAGE . The minimum lot fron- tage shall be one hundred (100) feet on an arterial highway . 9514 . 3 . BUILDING HEIGHT. No building structure, or combination of buildings and structures shall exceed forty (40) feet in height . 8 . 9514 . 3 . 1. EXCEPTION . Rooftop mechanical equipment and screening may exceed the forty (40) foot height limit, provided, however, they shall not exceed building height by more than fourteen (14 ) feet . Screening shall be set back fifteen (15) feet from any exterior building edge and shall not project above the equipment which it is designed to shield from view. 9514 . 4 . REDUCTION OF MINIMUM BUILDING SITE AND FRONTAGE . The minimum building site or frontage , or both minimum building site and frontage may be reduced provided one of the following conditions have been met : (a) A plot plan encompassing the entire parcel and de- lineating all structures proprosed for initial or future con- struction has been approved by the Board of Zoning Adjustments , Planning Commission or City Council prior to approval of a division of land, and all applicable city ordinances are com- plied with. (b) An administrative review application accompanied by a plot plan encompassing the entire parcel is submitted to the Board of Zoning Adjustments for approval prior to approval of a division of land. Said plan shall delineate all structures proposed for initial or future construction. The Board, after reviewing the application, may approve, conditionally approve or deny the request . 9533 . DEVELOPMENT STANDARDS . 9533 . 1. MINIMUM BUILDING SITE. The minimum build- ing site area shall be ten thousand (10 ,000) square feet . 9533 . 1. 1. EXCEPTION . Any parcel or lots , or combina- tion of parcels and lots, existing as a legal building site on or before the effective date of this section shall remain a legal building site for purposes of Division 9 of the Huntington Beach Ordinance Code . 9533 . 2 . MINIMUM FRONTAGE . The minimum lot fron- tage shall be eighty (80 ) feet except those lots at the end of a cul-de-sac which may have forty-five (45) feet of frontage . 9533 . 3 . BUILDING HEIGHT. No building structure, or combination of buildings and structures shall exceed forty (40 ) feet in height . 9533 . 3 .1• EXCEPTION . Rooftop mechanical equipment 9 • and screening may exceed the forty (40 ) foot height limit , provided, however, they shall not exceed building height by more than fourteen (14) feet . Screening shall be set back fifteen (15) feet from any exterior building edge and shall not project above the equipment which it is designed to shield from view. 9533 . 4 . REDUCTION OF MINIMUM BUILDING SITE AND FRONTAGE . The minimum building site or frontage, or both minimum building site and frontage may be reduced provided one of the following conditions have been met : (a) A plot plan encompassing the entire parcel and delineating all structures proposed for initial or future construction has been approved by the Board of Zoning Ad- justments , Planning Commission or City Council prior to ap- proval of a division of land, and all applicable city ordi- nances are complied with. (b ) An administrative review application accompanied by a plot plan encompassing the entire parcel is submitted to the Board of Zoning Adjustments for approval prior to approval of a division of land. Said plan shall delineate all structures proposed for initial or future construction. The Board, after reviewing the application, may approve, conditionally approve or deny the request . 9556 . DEVELOPMENT STANDARDS . 9556 . 1. MINIMUM BUILDING SITE. The minimum build- ing site area shall be ten thousand (10 ,000) square feet . 9556 . 1.1. EXCEPTION . Any parcel or lot existing as a legal building site on or before the effective date of this section shall remain a legal building site for purposes of Division 9 of the Huntington Beach Ordinance Code . 9556 . 2 . MINIMUM FRONTAGE . The minimum lot fron- tage shall be one hundred (100) feet on an arterial highway . 9556 . 3 . BUILDING HEIGHT. No building structure, or combination of buildings or structures shall exceed forty (40) feet in height . 9556. 3 . 1. EXCEPTION. Rooftop mechanical equipment and screening may exceed the forty (40) foot height limit, provided, however, they shall not exceed the minimum building height by more than fourteen (14) feet . Screening shall be set back fifteen (15) feet from any exterior building edge 10 . and shall not project above the equipment which it is designed to shield from view. 9556 . 4 . REDUCTION OF MINIMUM BUILDING SITE AND FRONTAGE . The minimum building site or frontage, or both minimum building site and frontage , may be reduced provided one of the following conditions have been met : (a) A plot plan encompassing the entire parcel and delineating all structures proposed for initial or future construction has been approved by the Board of Zoning Adjust- ment , Planning Commission or City Council prior to approval of a division of land, and all applicable city ordinances are complied with. (b ) An administrative review application accompanied by a plot plan encompassing the entire parcel is submitted to the Board of Zoning Adjustments for approval prior to approval of a division of land. Said plan shall delineate all struc- tures proposed for initial or future construction. The Board, after reviewing the application, may approve, conditionally , approve or deny the request . SECTION 5 . If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence , clause or phrase thereof irrespective of the fact that any one or more sections , subsections , subdivisions , paragraphs, sentences , clauses or phrases be declared unconstitutional . SECTION 6 . 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 . SECTION 7 . 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 published within 11 . 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 5th day of May 1969 . v- v- Mayor ATTEST,r- 0. -77CIty-T, APPROVED' AS TO FORM: Cit Attorney�° 12 . Ord. No. 1494 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 21st day of April 1969 , and was again read to said City Council at a reg ar meeting thereof held on the 5th day of May , 1969 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, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and -officio Clerk of the City Council of the City I. PAUL Q, JONES, CITY CLERK of the City of of Huntington Beach, California Huntington Beach and ex.officio clerk of the City Council, do hereby certify that this ordxrance lW been published in t Huntington Beach News. ------ in ✓ ce with the ity arter of said My. - f Clerk Deputy City Clerk