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Home My WebLink AboutOrdinance #1512 ORDINANCE NO. 1512 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9102 . 6, 9103 . 2 . 1, 9132 . 5 . 2, 9132 . 6, 9162 . 6, 9163 . 2 . 1 AND 9202 . 6; AND ADDING SECTIONS 9102 . 6 . 1, 9102 . 6 . 1. 1, 9102 . 6 . 1 . 2, 9102 . 6 . 1. 3, 9132 . 5 . 2 . 1, 9132 . 6 .1, 9132 . 6 .1. 1, 9162 . 6 . 1, 9162 . 6 . 1. 1, 9202 . 6 . 1, 9202 . 6 . 1. 1 AND 9203 . 2 . 1 PERTAINING TO BUILDING HEIGHT LIMITS AND SIDE YARD SETBACKS The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by amending Sections 9102 . 6, 9103 . 2 . 1, 9132 . 5 . 2, 9132 . 6, 9162 . 6, 9163 . 2 . 1 and 9202 . 6 to read as follows : 9102 . 6 . MAXIMUM BUILDING HEIGHT. The maximum building height shall not exceed thirty ( 30) feet , and shall not exceed two (2) stories . 9103 . 2 . 1. INTERIOR SIDE YARD . (a) The minimum interior side yard setback for single and two-story dwellings shall be ten percent (10% ) of the lot width. Said side yard setback need not exceed five (5 ) feet , and shall not be less than three (3 ) feet . (b ) The minimum interior side yard setback ,for three-story dwellings shall be ten (10) feet . 9132 . 5 . 2 . SIDE YARD SETBACKS . The side yard setback for one-story dwellings shall not be less than five (5 ) feet; for two-story dwellings such setback shall be not less than eight (8) feet ; and the minimum side yard setback for three-story dwellings shall not be less than ten (10) feet . Any garage entered directly from the street shall be set back twenty-two (22 ) feet from the ultimate right of way of said street . 9132 . 6 . MAXIMUM BUILDING HEIGHT. The maximum building height shall not exceed thirty (30 ) feet, and shall not exceed two (2 ) stories . 9162 . 6 . MAXIMUM BUILDING HEIGHT. The maximum building height shall not exceed thirty (30) feet , and shall not exceed two (2) stories . 1 . 9163 . 2 . 1. INTERIOR SIDE YARD. (a) The minimum interior side yard setback for single and two-story dwellings shall be ten percent (10%) of the lot width. Said side yard setback need not exceed five (5) feet , and shall not be less than three (3) feet . (b ) The minimum interior side yard setback for three-story dwellings shall be ten (10) feet . 9202 . 6 . MAXIMUM BUILDING HEIGHT. The maximum building height shall not exceed thirty (30 ) feet , and shall not exceed two (2) stories . SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Sections 9102 . 6 . 1, 9102 . 6 . 1. 1, 9102 .6 . 1. 2 , 9102 . 6 . 1. 3, 9132 . 5 . 2 . 1, 9132 . 6 . 1, 9132 . 6 . 1 . 1, 9162 .6 . 1, 9162 . 6 . 1 . 1, 9202 . 6 . 1, 9202 . 6 . 1. 1 and, 9203 . 2 . 1 to read as follows : 9102 . 6 . 1. EXCEPTION. BUILDING HEIGHT. A maximum build- ing height of three (3) stories , with a maximum height of thirty- five ( 35 ) feet , may be permitted. 9102 . 6 . 1. 1. The exterior wall of any three-story building shall be set back one hundred (100) feet or more from any single- family residential dwelling that has been sold to a buyer after initial construction, except where said three-story building site is separated from such single-family residential dwelling by a public right of way, school, golf course, public utility right of way, flood control right of way or channel, which is sixty (60) feet or more in clear width. 9102 . 6 . 1. 2 . Where three-story dwellings are proposed but are unable to comply with the requirements of Section 9102 . 6 . 1. 1, such dwellings may be permitted if approval of a use permit is obtained from the Board of Zoning Adjustments . 9102 . 6 . 1. 3 . The Board shall review applications for use per- mits to insure that such proposed three-story dwellings are con- structed in a manner compatible with the immediate residential neighborhood. The following criteria shall serve as guidelines for the Board in approving, conditionally approving or denying such use permit applications : (a) The proposed dwelling shall not have a detrimental ef- fect upon the general health, welfare, safety and privacy of persons residing in the neighborhood, or the value of properties in such neighborhoods . 2 . (b ) The location, site layout and design of the proposed dwelling shall be harmonious and compatible with the streets , driveways , property lines , and adjacent dwellings of the neigh- borhood. (c) The age and anticipated permanence of existing dwell- ings on adjacent properties . (d) Any other criteria the Board deems necessary to preserve the health, welfare, safety and convenience of the neighborhood. 9132 . 5 . 2 . 1. EXCEPTION. ZERO SIDE YARD . The side yard set- back may be zero on one side of the lot provided that : (a) The lot adjacent to such side yard shall be held under the same ownership at the time of initial construction, and the minimum side yard setback for such adjacent lot shall be either zero or not less than ten (10 ) feet for one-story dwellings , six- teen (16 ) feet for two-story dwellings , and twenty (20 ) feet for three-story dwellings; and (b ) The opposite side yard setback shall be not less than ten (10 ) feet for one-story dwellings , sixteen (16) feet for two- story dwellings, and twenty (20 ) feet for three-story dwellings , and such side yards shall be perpetually maintained free and clear of any obstructions other than three (3) foot eave encroachments , swimming pools , normal landscaping, removable patio covers which extend to within, but not more than, five (5) feet of the side property line; or garden walls or fences crossing said setback provided that they shall be equipped with a gate and shall be equal in height to first-floor double plate, but not exceeding nine (9) feet; and (c ) Where the dwelling is to be located at the zero side yard setback, the first floor shall be constructed of maintenance- free, solid decorative masonry, and the second story shall be constructed of a maintenance-free, decorative masonry, or masonry veneer with a minimum thickness of two (2) inches . Decorative construction shall not be required on that portion of the struc- ture obscured from view from the adjacent side yard by the wall located at the zero side yard setback . The wall so constructed shall intersect real property lines ; and (d) No portion of a dwelling or its architectural features shall project over any property line; and (e) The zero side yard shall not be adjacent to a public or private right of way; and (f) Exposure protection between the structure shall be pro- vided in accordance with the specifications of the Huntington Beach Fire Department and Huntington Beach Department of Building and Safety; and 3 • (g) An administrative review application, accompanied by a precise plan, shall be submitted to the Board of Zoning Ad- justments and shall be 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 con- struction. The Board, after reviewing the application and precise plan, may approve, conditionally approve or deny such application. In its review, the Board shall consider the placement of all structures , building material and finishing of the wall constructed along the side lot line . 9132 . 6 . 1. EXCEPTION. BUILDING HEIGHT. A maximum build- ing height of three ( 3) stories , with a maximum height of thirty- five (35 ) feet may be permitted. 9132 . 6 . 1. 1. The exterior wall of any three-story building shall be set back one hundred (100) feet or more from any single- family residential dwelling that has been sold to a buyer after initial construction, except that such setback may be eighty-five ( 85) feet where said three-story building site is separated from such single-family residential dwelling by parking structures , such as carports or garages , constructed on a common property line; or except where said three-story building site is separated from such single-family residential dwelling by a public right of way , school, golf course, public utility right of way, flood control right of way or channel, which is sixty (60) feet or more in clear width. 9162 . 6. 1. EXCEPTION. BUILDING HEIGHT. A maximum build- ing height of three ( 3) stories , with a maximum height of thirty- five (35) feet , may be permitted. 9162 . 6 . 1. 1. The exterior wall of any three-story building shall be set back one hundred (100 ) feet or more from any single- family residential dwelling that has been sold to a buyer after initial construction, except that such setback may be eighty-five (85 ) feet where such three-story building site is separated from such single-family residential dwelling by parking structures , such as carports or garages , constructed on a common property line, or except where said three-story building site is separated from such single-family residential dwelling by a public right of way, school, golf course, public utility right of way, flood control right of way or channel, which is sixty (60) feet or more in clear width. 9202 . 6 . 1. EXCEPTION. BUILDING HEIGHT. A maximum building height of three (3) stories , with a maximum height of thirty-five (35) feet may be permitted. 9202 . 6 . 1. 1. The exterior wall of any three-story building shall be set back one hundred (100) feet or more from any single- 4 . family residential dwelling that has been sold to a buyer after initial construction, except that such setback may be eighty-five (85 ) feet where said three-story building site is separated from such single-family residential dwelling by parking structures , such as carports or garages , constructed on a common property line; or except where said three-story building site is separated from such single-family residential dwelling by a public right of way, school, golf course, public utility right of way, flood control right of way or channel, which is sixty (60 ) feet or more in clear width. 9203 . 2 . 1. INTERIOR SIDE YARD . (a) The minimum interior side yard setback for single-story and two-story dwellings shall be ten percent (10%) of the lot width. Said side yard setback need not exceed five (5) feet, and shall not be less than three (3) feet . (b ) The minimum interior side yard setback for three-story dwellings shall be ten (10 ) feet . SECTION 3. 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 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 day of July 1969 . Mayor ATTEST APPROVED AS TO FORM: City erk �r City At r ey 5 . Ord. No. 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 7th day of July 19 69 and was again read to said City Council at a regular meeting thereof held on the 2181day of July , 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: Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: Shipley `R City Clerk and officio Clerk of the City Council- of the City f. PAUL C. 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 ordinance has bee lished it the H�tington Beach Newsonn In ordan th t /it ter of said City. -- _... ••---ity Clerk Deputy City Ckrk