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HomeMy WebLinkAboutOrdinance #1533 ORDINANCE NO. 1533 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 9103 . 3. 1. 2, RENUMBERING SECTION 9103 . 3 . 1. 2 .1, AMENDING SECTION 9103 . 3 . 1. 1, AND ADDING CERTAIN OTHER SECTIONS, ALL PERTAINING TO OPEN SPACE REQUIREMENTS IN THE Rl, "SINGLE-FAMILY RESIDENTIAL DISTRICT" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Section 9103 . 3 . 1. 2 of the Huntington Beach Ordinance Code is hereby repealed. SECTION 2. Section 9103. 3 . 1. 2 . 1 is hereby renumbered to become Section 9103 . 3 . 1. 2 . SECTION 3 . The Huntington Beach Ordinance Code is here- by amended by amending Section 9103 . 3 . 1. 1 to read as follows : 9103 . 3 . 1. 1. MINIMUM OPEN SPACE. A minimum open space for each legal building site shall be allocated according to the provisions of Sections 9103 . 3 . 1. 1.1, 9103 . 3 .1.1.2 and 9103 . 3 .1. 1. 3 . Such open space shall be exclusive of struc- tures , driveways , driveway easements or open parking areas . SECTION 4 . The Huntington Beach Ordinance Code is here- by amended by adding thereto Sections 9103 . 3 . 1. 1. 1, 9103 . 3 .1. 1. 2, and 9103. 3 . 1. 1. 3 to read as follows : 9103 . 3 .1. 1. 1. Any legal building site, as provided by Section 9102 . 1. 1, shall provide open space within the rear two-thirds (2/3) of the lot . Said open space may be divided into two (2) areas , each having a minimum dimension of fifteen (15 ) feet plus one (1) foot for each five (5) feet of lot front- age over twenty-five (25 ) feet , but such minimum dimension need not exceed twenty (20) feet. Said open space shall be provided at the ratio of ninety (90) square feet of open space for each five (5) feet of lot frontage; provided however, that said open space need not exceed nine hundred (900) square feet . 9103 . 3 . 1. 1. 2. Any lot created by recordation of a final 1 . map after the effective date of Ordinance 495, June 5, 1946, and prior to the effective date of Ordinance 1469, March 19, 1969, may provide a minimum open space of nine hundred (900) square feet, with minimum dimension of twenty (20) feet, with- in the rear two-thirds (2/3) of the lot . Said open space may be divided into two areas, each having a minimum area of four hundred and fifty (450) square feet with minimum dimension of twenty (20) feet . 9103 . 3. 1. 1. 3 . Any lot recorded after the effective date of Ordinance 1469, March 19, 1969, shall provide open space of twelve hundred (1200) square feet with a minimum dimension of twenty-five (25) feet within an area behind the front yard setback and 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 six hundred twenty-five (625) square feet with a minimum dimension of twenty-five (25) feet . (c ) For the purpose of this section, a front yard setback shall be that area between the front property line and that line delineated on an approved plot plan by a struc- ture 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 . SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance 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 2 . 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 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 �30th day of nntnhPr 1969 . Mayor ATTEST: /17 Ci Clerk APPROVED AS TO FORM: City Attorney � r f 3 • Ord. No. 1533 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 6th day of October 19-62 , and was again read to said City Council at a regular meeting thereof held on the 20th day of October , 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, Ma,tney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: City Clerk and -officio Clerk 4. 'ftQL of the City Council of the City ,anlington -seam and ex-o fdo aeo* ctOle Oft of Huntington Beach, California Cp ancil, do bgre¢y er¢fy omt r ordinance`# bee Ad d 01109'1 Rem New dA 1[ {dA dN' 'r �:iatart sa*d dill. - ------ City Clerk �-•City•Clerk