HomeMy WebLinkAboutOrdinance #1803 ORDINANCE NO . 1803
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING ARTICLE 931, AND ADDING THERETO
NEW ARTICLE 931, ENTITLED, "PLANNED RESIDEN-
TIAL DEVELOPMENTS"
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1 . Article 931 of the Huntington Beach Ordinance
Code is hereby repealed.
SECTION 2. The Huntington Beach Ordinance Code is hereby
amended by adding thereto new Article 931, entitled, "Planned
Residential Developments" to read as follows :
ARTICLE 931
PLANNED RESIDENTIAL DEVELOPMENTS
9310 . INTENT AND PURPOSE. In order to promote better
living environments, this article shall establish basic guide-
lines for planned residential developments within certain resi-
dential districts of the city. The purpose of this article is
to encourage better land planning techniques with maximum use
of aesthetically pleasing types of architecture, landscaping,
and site layout and design. Certain general planning principles,
characteristic of planned residential developments , which are of
prime consideration by the Planning Commission include : x:
(a) The development of permanent recreation, leisure and
open space areas for the sole use of residents of the project
which are adequate in size, accessibility, landscaping, utili-
zation and permanent maintenance for both present and future
needs of residents .
(b) The development of a project is carried out under a
unified comprehensive plan which establishes a theme or concept
for the entire project.
(c) A diversification of residential dwelling types, in-
cluding detached, attached and multistory dwellings to create
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WHIVIahb
a heterogeneous neighborhood.
(d) Separation of vehicular and pedestrian traffic with
convenience circulation and access to dwelling units and acces-
sory units .
(e) This article also establishes separate standards for
low, medium, medium high and high density residential develop-
ments in order to provide for different life styles within such
developments .
9310 . 1 . USE PERMIT REQUIRED . Planned residential de-
velopments may be permitted in the .Rl, R2, R3 or R4 districts
when a use permit is first secured for each such development pur-
suant to Article 984 .
9310 . 2. SUBDIVISION MAP REQUIRED. A condition for approval
of a planned residential development shall be the recordation of
an approved subdivision map . A tentative subdivision map shall be
submitted to the Planning Commission as provided by law at the
time application is made for a use permit for the planned resi-
dential development . Tentative maps and use permits filed pur-
suant to this section shall be processed simultaneously .
9310. 3 . ADDITIONAL INFORMATION. The following additional
information shall be submitted with the application for a planned
residential development :
(a) A site plan showing landscaping, lighting, maintenance
and storage facilities, pedestrian ways , patio areas , recreation
and open space areas, traffic circulation, parking and living
units .
(b) A plan showing building elevations, materials , graphics
and color.
(c) A preliminary circulation plan providing for separation
of pedestrian and vehicular traffic . The vehicular circulation
element shall be designed to minimize dividing recreation areas
and open space. The pedestrian circulation element shall pro-
vide for pedestrian access to all units and to all recreation
areas . Also, access to living units from parking areas and
abutting streets shall be through pleasantly-landscaped areas
and not through alley-like approaches . A detailed plan shall be
subject for approval by the Planning Department prior to issuance
of a building permit or recordation of a final tract map. The
purpose of such plan is to help reduce conflicts which may arise
between vehicular and pedestrian traffic .
(d) A statement setting forth the following information
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shall be submitted:
Gross lot area; net lot area (minus public right of
way and private streets and drives ) ; total number of units;
units per gross acre; unit types (number of bedrooms and
dens ) ; floor area for each type of unit; number of each
type of unit; area and minimum dimension of private patios
and/or balconies ; maximum site coverage; number and type
of covered parking spaces; number of open parking spaces;
amount of usable open space provided; amount of recreation
area provided; type of recreation facilities proposed;
projected monthly fee to be charged to homeowners associa-
tion; and schedule and sequence of development if the
project is to be completed in increments .
9310 . 4 . MAXIMUM DENSITY . This section sets forth the
maximum density of a planned residential development . Other de-
sign criteria will also have a significant part in determining
whether the density set out herein can be achieved. In no case
shall a plan be approved that does not meet the planned resi-
dential criteria.
(a) The maximum density of a planned residential develop-
ment shall not exceed the following:
MAXIMUM UNITS MAXIMUM BEDROOMS
DISTRICT PER GROSS ACRE PER GROSS ACRE
Rl 6 . 5 20
R2 15 38
R3 25 50
R4 35 53
Gross acreage shall not include open or public lands as de-
fined in Section 9700. 15(1) of this code .
(b ) For the purpose of this section, when a room such as
a den, study or sewing room, is provided in conjunction with a
single, bachelor, or one-bedroom unit, and said room meets the
Uniform Building Code definition of a habitable room, such room
shall be considered a bedroom.
When a room such as a den, study or sewing room, is
provided in conjunction with a two-bedroom unit and said room
meets the Uniform Building Code definition of a habitable room,
such additional room shall not be considered a den, study or
sewing room, but as a bedroom if a wardrobe, closet or similar
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facility normally found in a bedroom is proposed, and if such
room is . constructed in such manner that 50 percent or less of
one wall is open to an adjacent room or hallway .
9310 . 5 . MINIMUM SIZE. This section is designed to as-
sure that a desirable, well-planned living environment is pro-
vided and the planned residential development operates effi-
ciently and without imposing an undue financial burden on per-
sons residing therein. The minimum size for a planned resi-
dential development shall be such that it will not conflict
with the definition of planned residential development as con-
tained in Section 9700 . 16( 2) of this code . Such developments
shall include the following:
(a) Housing Types . Developments larger than forty (40 )
acres in size shall provide a mixture of types of residential
dwellings , including detached, attached and multistory dwellings .
(b ) Unit Types . There shall be a diversification of unit
types within all planned residential developments .
9310 .6 . DETACHED SINGLE-FAMILY HOMES . Where detached
single-family homes are proposed on individual, lots , similar to
those found in standard subdivisions , and such lots do not abut
common open space used for recreation and leisure purposes , the
minimum lot size for said lots shall conform to the requirements
of the district in which such development is located unless said
plan has been determined by the Planning Commission, with con-
currence of the City Council, to meet the intent and purpose of
this article .
9310 . 7 . FIVE THOUSAND SQUARE FOOT LOT . Where detached
single-family homes are proposed on individual lots similar to
those found in standard subdivisions and such lots abut common
open space used for recreation and leisure purposes , the minimum
lot size for said lots shall not be less than five thousand
( 5000 ) square feet unless said plan has been determined by the
Planning Commission, with concurrence of the City Council, to
meet the intent and purpose of this article .
9310 . 8 . DEVELOPMENT STANDARDS . The development stand-
ards contained in this article shall apply to all planned resi-
dential developments .
9310 .9 . DEVELOPMENT ENTRANCES . Entrances to a planned
residential development from an arterial highway shall be well
landscaped and designed to identify the project and create com-
munity identity . Secondary entrances , as deemed necessary , may
be provided.
9310 . 10 . PERIMETER WALLS . Planned residential develop-
4 .
ments shall be enclosed by an aesthetically pleasing combina-
tion of landscaping and decorative masonry walls . A plan
showing such landscaping and decorative wall treatment shall
be submitted for approval by the Planning Department.
9310 . 11 . FLOOR AREA, PRIVATE PATIOS AND BALCONIES. The
minimum areas measured in square feet and minimum dimensions
measured in lineal feet for unit floor areas , private patios,
and balconies shall be as follows :
UNIT TYPE UNIT PRIVATE PATIOS (a) BALCONIES (b )
FLOOR MINIMUM MINIMUM
AREA AREA DIMENSION AREA DIMENSION
Bachelor & single 450 200 12 60 6
One (1) bedroom 650 200 12 60 6
Two (2 ) bedroom 900 250 12 60 6
Three (3) bedroom 1100 300 13 60 6
Four (4 ) bedroom 1300 400 14 60 6
(a) Private patios shall be provided for each ground floor
unit .
(b ) Balconies shall be provided for each unit above the
ground floor. At least 50 percent of the lower 42 inches of
open area around a balcony shall be screened from view. Pri-
vate patios and balconies shall adjoin the living area of the
unit they are intended to serve . Balconies which serve as en-
trances or exits shall not satisfy this requirement except where
such entrances or exits are for the sole use of a particular unit .
9310 . 12 . MAXIMUM SITE COVERAGE . In order to maximize the
amount of open space within a planned residential development ,
the maximum building coverage shall be as follows :
UNITS/ACRE MAXIMUM COVERAGE
o — 16 45%
16 . 01 and over 50%
For the purpose of this section, maximum building coverage
shall be determined by subtracting the land area set aside for
private streets and alleys and the rights of way for public
streets and alleys and any other public right of way .
9310 . 13 . BUILDING ORIENTATION. The requirements contained
in this article, pertaining to setbacks and building separation,
are calculated to reduce noise transmission between buildings and
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visual intrusion from within the project as well as from outside
the project .
9310 .14 . SETBACK FROM A PUBLIC STREET. In order to pro-
vide an aesthetically-pleasing street scene, the minimum setback
from a public . street shall average twenty (20) feet for any
structure exceeding forty-two (42) inches in height . In no case
shall the minimum setback be less than fifteen (15) feet .
9310 . 15 . SETBACK FROM INTERIOR PROPERTY LINE. The require-
ments -contained in this article with respect to setbacks from in-
terior property lines are designed to provide maximum separation
of a planned residential development from other uses due to the
difference in life styles.
9310 . 16 . SETBACK. CARPORTS OR GARAGES . Carports or
garages may be constructed along the interior property line
where the difference between adjoining finished grades does not
exceed one (1) foot , subject to approval by the Planning Com-
mission. However, where a setback is provided, such setback
shall be a minimum of ten (10) feet and shall conform to the
following requirements:
(a) Consideration shall be given to the appearance of such
carports or garages when viewed from outside the development .
This may be accomplished through a combination of landscaping and
avoiding excessively long structures .
(b) The wall located along the property line shall be con-
structed of maintenance-free solid masonry .
(c ) No portion of the structure or architectural features
shall project over any property line .
(d) Zero rear and interior side yard setbacks shall not be
permitted adjacent to public rights of way .
9310 . 17 . MINIMUM SETBACK. ONE AND TWO STORY STRUCTURES.
The minimum setback for one and two story structures shall be ten
(10) feet . For buildings over twenty-five (25) feet in length,
one (1) foot of additional setback shall be provided for each
two and one-half (22) feet of building length facing a property
line of any property that is master planned, zoned or used for
single-family residential development .
9310 . 18 . MINIMUM SETBACK. THREE STORY STRUCTURES . The
minimum setback for three (3) story structures shall be ten (10 )
feet except in the following instances :
(a) When the wall of any three (3) story building faces
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a property line of any property that is master planned, zoned
or used for single-family development , a minimum setback of
one hundred (100) feet shall be provided from such property
line; or
(b ) When the wall of any three (3 ) story building is facing
a property line of any property that is master planned, zoned or
used for single-family development and is separated from the prop-
erty line by landscape screening and parking structures such as
carports or garages , a minimum setback of eighty-five ( 85) feet
shall be provided.
9310 .19 . MINIMUM DISTANCE BETWEEN BUILDINGS . In order to
avoid congestion caused by inadequate building separation, the
minimum distance between main buildings shall be twenty-five
(25 ) feet .
9310 . 20 . BUILDING HEIGHT. The maximum building height
shall not exceed thirty-five (35) feet .
9310 . 21 . PRIVATE STREET OR DRIVEWAY WIDTHS AND PARKING.
In order to provide sufficient driveway widths for traffic flow
and maneuverability, the following standards shall apply:
(a) Appearance . The design of private streets and drive-
ways shall be such that an alley-like appearance is not created.
This can be accomplished through the use of landscaping and varied
building design.
(b ) Two-sided Parallel Parking. If a street or driveway
serves as primary access to or within a planned residential de-
velopment and vehicles can park parallel on both sides of such
access ways, the minimum paved width shall be forty (40) feet .
(c ) One-sided Parallel Parking. Where vehicles can only
parallel park on one side of a street or driveway, which serves
as primary access to or within a planned residential develop- ,
ment and where open or enclosed parking, other than parallel is
provided on the opposite side of such access ways , the minimum
paved width shall be thirty-three (33) feet .
(d) Open or Enclosed Parking. A minimum paved width of
twenty-eight 2 feet shall be provided where open or enclosed
parking other than parallel is provided on both sides of access
ways .
(e) Street Parking Plan. A plan showing all parking spaces
on the streets and drives shall be submitted with the use per-
mit application.
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9110 , 22, OFF-STREET PARKING. EIGHT OR MORE UNITS PER ACRE.
Off-street parking for projects having a density greater than
eight (8) units per acre shall be provided at the following ratios :
(a) Each bachelor, single, or one-bedroom dwelling unit
shall be provided with one and one-half (12) off-street parking
spaces . One space shall be covered and half of one space may
be left open.
(b ) Each dwelling unit with two (2) or more bedrooms shall
be provided with two (2) off-street parking spaces . One space
shall be covered and one space may be left open.
(c) In addition to the parking requirements contained in
subsections (a) and (b) of this section, each dwelling unit shall
be provided with one half of a guest parking space . Guest parking
spaces shall be distributed throughout the planned residential de-
velopment . Such guest parking areas shall be conveniently located
for guest and resident parking.
(d) On-street parking shall not be used to satisfy any of
the above open parking requirements .
(e) Tandem parking shall not be permitted .
(f) The developer is encouraged to provide covered parking
spaces under main buildings to increase available open space.
933
10 . 2 . OFF-STREET PARKING. LESS THAN EIGHT UNITS PER ACRE.
Off-street parking for projects having a density of less than eight
units per acre shall provide two (2) garages per unit, plus two
(2 ) open parking spaces per unit . Parking structures, approved
by the Planning Commission, may be used in lieu of garages .
In addition to the requirements contained in this section,
each dwelling unit shall be provided with one half of a guest
parking space. Guest parking spaces shall be distributed
throughout the planned residential development . Such guest
parking areas shall be conveniently located for guest and resi-
dent parking. On-street parking shall not be used to satisfy
any of the above open parking requirements .
9310. 24 . AUTOMOBILE PARKING FACILITIES . The following
standards shall apply to automobile parking facilities :
(a) Fully enclosed garages shall be provided for any re-
quired covered parking space that is entered directly from any
public alley. Separation between each garage space shall be
provided.
(b ) Carports may be used to satisfy the remaining covered
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parking requirement.
(c) Carports and open parking compounds shall be screened
from adjacent property lines .
(d) Screening for open parking compounds and carports
shall enhance the living environment from within the project
and protect the view from adjoining properties .
(e) The arrangement of carports and garage facilities
shall be such that they do not face toward any public street .
(f) All dwelling units shall have an assigned, covered
parking space within two hundred ( 200) feet walking distance
of such units .
(g) The arrangement and access for all parking lots or
parking spaces shall conform to Article 979 •
9310 . 25. VEHICULAR STORAGE. The following standards shall
apply to vehicular storage :
(a) Areas shall be set aside for storage of boats , trailers,
recreation vehicles and other large vehicles . Such areas shall
be enclosed or screened from view by a combination of a six (6 )
foot high fence or wall and landscaping, maintained in a neat ,
orderly manner. The Planning Commission may waive this require-
ment if the covenants , conditions and restrictions and home-
owners association rules contain a provision prohibiting outside
storage of boats, trailers and similar vehicles .
(b ) Consideration should be given to the adjacent use and
the area should be situated in such manner as to maintain a com-
patible relationship between uses on the same property and adja-
cent property .
9310 . 26. STANDARDS . PRIVATE STREETS AND DRIVEWAYS . The
following requirements shall be met for private streets and
driveways :
(a) A street or driveway exceeding 150 feet in length which
terminates within a planned residential development shall be pro-
vided with a curbed turn-around having a twenty (20) foot radius .
(b ) All minimum widths for streets or driveways within a
planned residential development shall have unobstructed air
space except that roof overhangs or eaves may project a maxi-
mum of four (4 ) feet into such air space above a height of
fourteen (14 ) feet .
(c ) The inside curb radius on turns for private streets
9 .
and driveways shall be twenty-five ( 25) feet .
Vehicular access rights along all arterial highways except
a street and driveway intersections shall be dedicated to the
City of Huntington Beach.
9310 .27 . RECREATION, LEISURE AND OPEN SPACE AREAS . The
minimum amounts set forth in this section are calculated to
insure recreation, leisure and open space which is adequate
in size, utility and accessibility for planned residential de-
velopments . Such recreation, leisure and open space areas
shall be provided for each dwelling unit .
(a) The minimum square footage of usable open space for
recreation and leisure shall be as follows :
DISTRICT SQUARE FEET/UNIT
R1 1200
R2 800
R3 600
R4 400
(b ) Recreation and leisure areas may include game courts
or rooms , swimming pools, private dock areas , gardened roofs or
grounds , sauna baths, putting greens , play lots , or other simi-
lar areas serving all residents of the development . Such areas
shall not include private patios , balconies, decks or other
areas used solely by the residents of an individual dwelling
unit nor areas used exclusively for pedestrian or vehicular
access ways .
(c) Recreation and leisure areas shall not be located
within v'it in ten (10 ) feet of the wall of any ground floor unit having
a door or window or within five (5) feet of any other wall. Also,
such recreation and leisure areas shall have a minimum width of
twenty (20 ) feet .
(d) The minimum square footage requirements for usable
open space, as set out in subsection (a) , shall not satisfy
any requirement of Article 974 and 998 relating to park and
recreational facilities .
(e) Private waterways may partially satisfy the open space
requirement, but not less than 35 percent of the required open
space for each unit shall be land area.
(f) Enclosed recreation or leisure area may occupy not
10 .
more than 15 percent of the square footage required . The remain-
ing area shall be open space .
(g) In addition to meeting all other design criteria,
attempts shall be made to maximize the number of units that
abut the usable open space .
(h) A recreation area containing at least ten thousand
(10,000) square feet with a minimum dimension of fifty (50)
feet and a minimum average dimension of one hundred (100) feet
shall be provided.
Such area shall be located at least twenty (20) feet
away from a building wall with ground floor windows or doors ,
and at least five ( 5) feet from a building wall with no windows
or doors .
(i ) Special attention shall be given to the placement
of tot lots which shall be arranged at convenient locations .
(j ) Recreation areas shall include facilities such as
swimming pools , tennis courts , basketball courts , putting
greens, playground equipment , volleyball courts , lawn bowling,
outdoor cooking facilities, etc .
(k) Clubhouse facilities shall be provided in one of the
recreation areas , and of sufficient size to accommodate meetings
held by the membership of the homeowners association and shall
contain other facilities usually associated with a clubhouse
such as kitchens , recreation areas , workshops, lounges, etc .
9310 . 28 . LANDSCAPING. The purpose of this section is to
insure a more pleasant living environment through the use of
plant materials and decorative design elements .
(a) All setback areas fronting on or visible from a public
street , and all recreation, leisure and open space areas shall
be landscaped and permanently maintained in an attractive manner.
Such landscaping shall primarily consist of ground cover, ferns,
trees, shrubs or other living plants .
(b ) Decorative design elements such as fountains, pools ,
benches, sculpture, planters and similar elements may be per-
mitted provided such elements are incorporated as a part of the
landscaping plan.
(c) Permanent irrigation facilities shall be provided in
all landscaped areas .
(d) On-site trees equivalent to one (1) thirty (30) inch
11.
box tree for each residential unit shall be provided. Addi-
tional trees and shrubs shall also be planted to provide a
well-balanced landscaping plan. For the purpose of this sec-
tion, the equivalent to a thirty (30) inch box tree shall be
other specimen material, approved by the Planning Department .
e A landscape and irri irrigation plan shall be approved
( ) g p Ap
by the Board of Zoning Adjustments prior to issuance of a
building permit .
9310 . 29 . STREET TREES . Street trees shall be provided
to city standards with fifteen (15) gallon trees planted ap-
proximately forty-five (45) feet on center on local streets
having sixty (60) foot rights of way and thirty (30) inch box
trees shall be planted at approximately forty-five (45) foot
intervals within a ten (10) foot setback from the right of way
line where parkway trees cannot be planted within the public
right of way . Twenty (20) inch box trees shall be planted on
all arterial highways .
A plan showing the type and placement of such trees shall
be approved by the Department of Public Works and Planning De-
partm"ent .
9310 . 30 . LIGHTING . The developer shall install a light-
ing system on private streets , along driveways , and along all
major walkways equal in illumination to lighting on public
streets , subject to the approval of the Department of Public
Works . A lighting plan shall be submitted to the Building De-
partment for approval . Such lighting shall be directed on the
driveways and walkways and away from adjacent property .
9310 . 31. CABLE TV AND FM. A common central television
and FM antenna shall be provided with underground cable service
to all buildings containing dwelling units . No other exterior
radio or television antennas shall be permitted. Provisions
to guarantee compliance with this requirement shall be included
in the covenants , conditions and restrictions .
9310 . 32 . SIGNS . All signs located within a planned resi-
dential development shall conform to applicable provisions of
the district in which the development is located.
9310 . 33 . TRASH COLLECTION AREAS . Trash collection areas
shall be provided within two hundred (200) feet of the furthest
unit they are to serve. Such areas shall be enclosed or screened
from view with masonry or other durable materials , as approved
by the Board of Zoning Adjustments , and shall be situated so as
to eliminate noise and visual intrusion on adjacent property .
12 .
9310 . 34 . OUTSIDE STORAGE SPACE. A minimum of one hundred
(100) cubic feet of outside storage space shall be provided for
each unit . Special attention shall be given to the amount and
location of such storage space .
9310 .35 . LAUNDRY AREAS . When laundry areas are provided,
such areas shall be situated so as to eliminate visual and noise
intrusion within the project and on adjacent property .
9310 .36 . FIRE HYDRANT SYSTEM. A fire hydrant system shall
be designed to provide an adequate fire flow as determined by
the Fire Marshal . Plans and engineering calculations for such
system shall be submitted to the Fire Marshal for approval .
9310 . 37 . SEWER AND WATER SYSTEM. Sewer, water and fire
hydrant systems shall be designed to city standards . Such
systems shall be located within the streets , alleys or drives .
A five (5) foot wide inclusive easement shall be provided for
each of these facilities .
9310 . 38. APPEARANCE STANDARDS . In order to retain and
strengthen the unity and order of the surroundings , and to in-
sure that the structures enhance their sites and are harmonious
with the highest standards of improvements in the surrounding
area and the community, the following standards shall apply :
(a) In addition to the plot plan, the applicant shall sub-
mit plans showing building elevations , a preliminary landscape
layout and all sign locations , sizes and copy .
(b ) Architectural features and general appearance of the
proposed development shall enhance the orderly and harmonious
development of the area, the occupancy thereof, or the community
as a whole .
(c) Buildings exceeding 120 feet in length shall have a
variation in the wall setback of at least four (4 ) feet for
each 120 feet of building length .
(d) Architectural features shall be incorporated into the
design of all vertical exterior surfaces of the buildings in
order to create an aesthetically pleasing project when viewed
outside the project as well as within.
9310 . 39 . APPEARANCE. PRINCIPLES . Appearance shall be
guided by the following principles:
(a) Good architectural character is based upon the suit-
ability of a structure for its purposes, upon the appropriate
use of sound materials and upon the principles of harmony) and
13 .
(b) When considering signs, particular attention shall be
given to incorporating the design, including colors, of the
sign into the overall design of the entire development in order
to achieve uniformity .
9310 . 40 . PLANS . GUIDELINES . The following items shall be
considered in approving the plans :
(a) Setback and site planning.
(b ) Type and pitch of roofs .
(c ) Landscaping, parking area design and traffic circu-
lation.
(d) Location and method of refuse storage .
(e) Location and appearance of signs .
(f) Location and appearance of equipment located outside an
enclosed structure .
(g) Appearance, design and physical relationship of pro-
posed structures to existing structures in the neighborhood.
9310 . 41 . PHOTOGRAPH BOOKLET. On file in the Planning De-
partment is a photograph booklet providing examples of those
characteristics which are desirable and those which are to be
avoided in preparing plans for development in Huntington Beach .
9310 . 42 . OTHER STANDARDS . Other applicable development
standards of Division 9 , or conditions deemed necessary by the
Planning Commission, may be required in order to protect the in-
tent and purpose of this article .
9310 . 43 . DEVELOPMENT REVIEW. The developer is encouraged
to request a meeting with representatives of the Planning Depart-
ment, Fire Department , Department of Public Works , and Building
Department early in the conceptual design stage . This meeting
may be arranged by contacting the Planning Department.
9310 . 44 . COMMON AREAS . In the establishment of per-
manently-maintained, common open areas , the following shall be
required:
(a) Common areas , including private streets , shall not be
dedicated separate and apart from the individual parcel or
dwelling unit .
(b ) All provisions for a community association and for
14 .
perpetual maintenance of the common area and recreation areas
shall be subject to the approval of the Planning Department
and City Attorney prior to ssuance of a building permit .
9310 . 45 . HOME OR COMMUNITY ASSOCIATION COVENANTS, CON-
DITIONS AND RESTRICTIONS . The covenants, conditions and restric-
tions for any home or community association shall contain the
following additional provisions :
(a) The recreation, leisure and open space areas shall
be reserved for the exclusive use of residents within the proj-
ect and their nonpaying guests .
(b) Owners and tenants shall be required to abide by
association rules and there shall be penalties for violation
of said rules .
(c ) Any interest in the common area (including private
streets ) held by an individual parcel owner cannot be devised,
conveyed or dedicated separate and apart from the devise, con-
veyance and/or dedication of the individual parcel, nor may any
interest in the common area (including private streets ) be de-
vised, conveyed or dedicated for a period longer than a life in
being plus twenty-one (21) years , except that this may be accom-
plished under the same conditions or grounds as are available
under judicial partition.
(d) If the development is constructed in increments or
requires several final maps , reciprocal covenants, conditions
and restrictions and reciprocal management agreements shall be
established that will cause a merging of increments as they are
completed. The end result shall be one homeowners association
with common areas common to all, and one management for the en-
tire project .
The total number of votes allocated to occupants of rental
units shall not exceed 49 percent of the total vote of the
association membership .
9310 . 46 . EXCEPTIONS . With the exclusion of maximum density,
as provided in Section 9310 . 4 of this article, an exception to
this article and all provisions of Division 9 , as they apply to
planned residential developments , may be granted under the use
permit procedure when the applicant shows that the exception
would not be inconsistent with the intent and purpose for use
permits , as set out in Section 9840, the criteria for con-
sideration of use permits , as set out in Section 9841 . 4, or
with the intent and purpose of this article, as expressed in
Section 9310 .
SECTION 3 . SEVERABILITY . If any section, subsection,
15 .
sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of the ordinance. The
City Council of the City of Huntington Beach hereby declares
that it would have passed this ordinance and each section, sub-
section, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections , subsections, sentences ,
clauses or phrases may be declared invalid or unconstitutional .
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 2nd
day of January, 1973 .
Mayor
ATTEST: APPROVED AS TO FORM:
City 7,rerk City Attorney
16 .
Ord. No. 1803
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 18th day of December
19 72 , and was again read to said City Council at a regular
meeting thereof held on the 2nd day of January ,
19 73 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, Gibbs , Green, Matney, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley
F'D4UL C. JONES, ciry CLERK of the city of City Clerk and -officio Clerk
hluPAULon Beach and ex- LEr Clot cf the City of the City Council of the City
Council, do hereby cert"sr`;� J.nt th;s ordinance ha of Huntington Beach, California
been published�, ,2
i�r+t� n E a u n
._..d ._.__� Wit.��.._. `
j In accordanceCity Charter of cl-A City_
FAUL C. JONg@
n n ..----.-..... .,J` ............
C ty Clerk
Deputy City Clerk