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HomeMy WebLinkAboutOrdinance #1752 ORDINANCE NO. 1752 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 9730 . 5 , AMENDING SECTIONS 9163 . 3 . 1. 1, 9163 . 4 , 9203 . 3 . 1 . 1, 9203 .4 , 9232 .6 , 9233 . 2 . 1, 9233 . 3 . 1 . 1, AND 9233 .4, AND ADDING THERETO SECTIONS 9161. 2 , 9201 . 2, 9231 .6 , 9232 .6 .1, SUBSECTION (4) TO SECTION 9700 .18, AND SECTION 9700 . 23, ALL PERTAINING TO OPEN SPACE AND THE TOWNLOT AREA The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Section 9730 . 5 of the Huntington Beach Ordinance Code is hereby repealed. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by amending Sections 9163 . 3 . 1 . 1, 9163 . 4 , 9203 . 3 . 1 .1, 9203 . 4 , 9232 . 6 , 9233 . 2 . 1, 9233 . 3 . 1. 1, and 9233 .4 to read as follows : 9163 . 3 . 1. 1 . MINIMUM OPEN SPACE . A minimum open space of .25 square feet shall be provided for each square foot of III resi - dential gross floor area. Such open space shall be allocated as follows : (a) Ground Floor. Each ground floor unit shall have a minimum of seventy (70) square feet of recreation area with a minimum dimension of seven (7) feet . (b) Aboveground Floor . Each unit above the ground floor shall have at least sixty (60) square feet of recreation area with a minimum dimension of six (6) feet . (c) Remaining Open Space . The remaining open space areas shall be arranged to offer maximum benefits to the occu- pant of the development as well as providing visual appeal and building separation for the development . (d) Unit Relation. Such recreation areas shall relate ex- clusively to the units they serve . 1. (e) Use of Setbacks . Setbacks may be incorporated into the required recreation space if separated from a street or property line with a fence or wall over forty-two (42) inches in height . (f) Balconies . Balconies that are required for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit . (g) Roofed Structures . Said open space shall not include any type of roofed or enclosed structure . (h) Driveways and Parking. Said open space shall not in- clude vehicular circulation areas, such as driveways , driveway easements , or open parking areas . 9163 . 4 . TOWNLOT AREA . MINIMUM FRONT YARD SETBACK. Within the townlot area the minimum front yard setback shall be fifteen (15) feet . However, said setback may be reduced to seven and one-half (7 1/2) feet for any lot provided that : (a) The seven and one-half (7 1/2) foot setback is on fifty percent ( 50%) or less of the total building width; and (b ) An average fifteen (15) foot setback shall be maintained for the total building width. 9203 . 3 . 1. 1 . MINIMUM OPEN SPACE . A minimum open space of . 25 square feet shall be provided for each square foot of resi- dential gross floor area. Such open space shall be allocated as follows : (a) Ground Floor. Each ground floor unit shall have a minimum of seventy (70) square feet of recreation area with a minimum dimension of seven (7) feet . (b ) Aboveground Floor . Each unit above the ground floor shall have at least sixty (60) square feet of recreation area with a minimum dimension of six (6) feet . (c) Remaining Open Space . The remaining open space areas shall be arranged to offer maximum benefits to the occupant of the development as well as providing visual appeal and building separation for the development . (d) Unit Relation. Such recreation areas shall relate ex- clusively to the units they serve . (e) Use of Setbacks . Setbacks may be incorporated into the required recreation space if separated from a street or property line with a fence or wall over forty-two ( 42) inches in height . 2 . (f) Balconies . Balconies that are required for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit . (g) Roofed Structures . Said open space shall not include any type of roofed or enclosed structure . (h) . Driveways . and Parking. Said open space shall not in- clude vehicular circulation areas , such as driveways , driveway easements , or open parking areas . 9203 . 4 . TOWNLOT AREA., SETBACK REQUIREMENTS . Within the townlot area the following setback requirements shall apply : (a) Front Yard . The minimum front yard setback shall be ten (10) feet , however, said setback may be reduced to five (5) feet for any lot provided that : ( 1) The five ( 5) foot setback is on fifty percent ( 50%) or less of the total building width; and (2) An average ten (10) foot setback shall be main- tained for the total building width . (b) Interior Side Yard . The minimum interior side yard setback shall be five (5) feet , except that carports may be at zero setback provided that : (1) That portion of a carport located within the five (5) foot side yard shall be constructed of maintenance free solid masonry material which may be equal in height to the first floor double plate but shall not exceed nine (9) feet ; and (2) The three walls which enclose that portion of a carport within the five (5) foot side yard shall be con- structed of a six (6) foot high, maintenance free , solid decorative masonry . 9232 . 6 . MAXIMUM BUILDING HEIGHT. The maximum building height shall not exceed thirty ( 30 ) feet , and shall not exceed two (2) stories , except that a maximum building height of three ( 3) stories , with a maximum height of thirty-five ( 35) feet may be permitted. 9233 . 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 3 . shall not be less than three ( 3) feet . (b ) The minimum interior side yard setback for three- story dwellings shall be ten (10) feet . 9233 . 3 . 1. 1. MINIMUM OPEN SPACE . A minimum open space of . 25 square feet shall be provided for each square foot of resi- dential gross floor area. Such open space shall be allocated as follows : (a) Ground Floor . Each ground floor unit shall have a minimum of seventy (70) square feet of recreation area with a minimum dimension of seven (7) feet . (b) Aboveground Floor . Each unit above the ground floor shall have at least sixty (60) square feet of recreation area with a minimum dimension of six (6) feet . ( c) Remaining Open Space . The remaining open space areas shall be arranged to offer maximum benefits to the occupant of the development as well as providing visual appeal and building separation for the development . (d) Unit Relation. Such recreation areas shall relate exclusively to the units they serve . (e) Use of Setbacks . Setbacks may be incorporated into the required recreation space if separated from a street or property line with a fence or wall over forty-two (42) inches in height . (f) Balconies . Balconies that are required for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit . (g) Roofed Structures . Said open space shall not include any type of roofed or enclosed structure . (h) Driveways and Parking. Said open space shall not in- clude vehicular circulation areas, such as driveways , driveway easements , or open parking areas . 9233 . 4 ,- TOWNLOT AREA. SETBACK REQUIREMENTS . Within the townlot area the following setback requirements shall apply : (a) Front Yard . The minimum front yard setback shall be ten (10) feet , however, said setback may be reduced to five (5) feet for any lot provided that : (1) ' The five ( 5) foot setback is on fifty percent ( 50%) 4 . of the total building width; and (2) An average ten (10) foot setback shall be main- tained for the total building width . (b) Interior Side Yard . The minimum interior side yard setback shall be five (5) feet, except that carports may be at zero setback provided that : ( 1) That portion of a carport located within the five (5) foot side yard shall be constructed of maintenance free , solid masonry material which may be equal in height to the first floor double plate but shall not exceed nine (9) feet ; and (2) The three walls which enclose that portion of a carport within the five (5) foot side yard shall be constructed of six (6) foot high, maintenance free, solid decorative masonry . SECTION 3 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Sections 9161. 2 , 9201 . 2 , 9231 .6 , 9232 .6 .1, subsection ( 4) to Section 9700 .18 , and 9700 . 23 to read as follows : 9111.2 . USES SUBJECT TO ADMINISTRATIVE REVIEW. All uses in the townlot area shall be subject to approval of an ad- ministrative review application before the Board of Zoning Ad- justments unless a use permit application is required. The fol- lowing criteria shall serve as guidelines for the board in ap- proving, conditionally approving, or denying such applications : (a) Relationship of the structure to the site . (b) Relationship of the structure to the surroundings . (c) Relationship of the open space and recreation space to the dwelling units . (d) Relationship of parking and vehicular circulation areas . (e) Compliance with provisions of the Huntington Beach Ordi- nance Code . 9201. 2 . USES SUBJECT TO ADMINISTRATIVE REVIEW. All uses in the townlot area shall be subject to an administrative review application before the Board of Zoning Adjustments unless a use permit application is required. The following criteria shall serve as guidelines for the board in approving, conditionally approving, or denying such application: (a) Relationship of the structure to the site . 5 • (b) Relationship of the structure to the surroundings . (c) Relationship of the open space and recreation space to the dwelling units . (d) Relationship of parking and vehicular circulation areas . (e) Compliance with provisions of the Huntington Beach Ordinance Code . 9231. 6 . USES SUBJECT TO ADMINISTRATIVE REVIEW. All uses in the townlot area shall be subject to approval of an ad- ministrative review application before the Board of Zoning Ad- justments unless a use permit application is required . The following criteria shall serve as guidelines for the board in approving, conditionally approving, or denying such application : (a) Relationship of the structure to the site . (b) Relationship of the structure to the surroundings . (c) Relationship of the open space and recreation space to the dwelling units . (d) Relationship of parking and vehicular circulation areas . (e) Compliance with provisions of the Huntington Beach Ordinance Code . 9232 .6 .1 . THREE-STORY BUILDING. EXTERIOR WALL SETBACK. The exterior wall of any three-story building shall be set back one hundred (100) feet or more from the property line of any single-family residential development except that such setback may be eighty-five ( 85) feet where such three-story building site is separated from such single-family residential develop- ment by parking structures such as carports or garages , con- structed on a common property line , or except where said three- story building site is separated from such single-family resi- dential development 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. 9700 .18( 4) TOWNLOT AREA shall mean the area and parcels within the area bounded by Pacific Coast Highway on the south- west , Goldenwest Street on the northwest , Palm Avenue on the north and northeast , and Lake Street on the east and southeast . 9700 . 23 . Words beginning with the letter "R" shall have the following definitions : 6 . (1) RECREATION SPACE shall mean open space that is used for passive or active recreation. Passive recreation facili- ties may include outdoor sitting areas in the form of sundecks , balconies , patios , roof gardens , and specially designed shaded areas adjacent to walkways . Active recreation areas include pedestrian ways located and landscaped to provide for strolling activities , tennis courts , swimming and boating areas , shuffle- board courts , bridle paths, play lots, playgrounds , and playing fields . SECTION 4 . The provisions of this ordinance 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 5 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly news- paper 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 September, 1972. ti Mayor ATTEST : City erk APPROVED AS TO FORM: 7 . Ord. No. 1752 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 August 19 72 , and was again read to said City Council at a regular meeting thereof held on the 5th day of September , 19 72 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, Green, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs, Duke 1, PAUL C. J©NES, CITY CLERK of the City of Clty Clerk and -officio Clerk Huntington Beach and ex-officio Clerk of the City Of the City Council of the City Council, do hereby certify that this ordinance has of Huntington Beach, California been published in the Huntington Beach News on 44 -- ... . .......... In accordance th the City Charter of said City. PAUL C. JONE5 � C; � City Clerk Deputy City Clerk