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HomeMy WebLinkAboutOrdinance #2056 ORDINANCE0 N 2056 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING W NE ARTICLE 936 , ENTITLED, MEDIUM/ HIGH DENSITY PLANNED RESIDENTIAL, CONDOMINIUM OR COMMUNITY APARTMENT DEVELOPMENTS" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding thereto new Article 936 entitled, "Medium/ High Density Planned Residential, Condominium or Community Apartment Developments" to read as follows : 9360. PURPOSE. The purpose of this article is to es- tablish basic development standards for medium/high density planned residential developments within residential districts of the city of Huntington Beach to encourage better land plan- ning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, and site layout and design to promote better living environments . The standards contained herein are designed to reduce noise transmission between struc- tures , visual intrusion, and impact of the project from within as well as from adjacent property. In recognition of the fact that medium/high density planned residential developments differ from apartments in numerous re- spects and that the benefit of the public health, safety and welfare of such projects warrant special treatment , the City of Huntington Beach hereby declares its intent to distinguish such projects from apartment complexes . To assure that proper protection is afforded the future owners of the developments , provisions shall be included in this article to guarantee re- strictive covenants over open space areas and their maintenance and improvements , to run with the land for the benefit of the residents of the projects . 9360 . 1 . APPLICATION OF ARTICLE. The provisions of this article shall apply to real property for which an application has been filed for a medium/high density planned residential development which has eight (8) or more units per gross acre. Real property , upon which such developments are proposed, JOC: ahb 1. shall have been zoned and designated on the Land Use Element of the General Plan for a residential use . 9360 . 2 . USES PERMITTED. Medium/high density planned residential developments are permitted in residential districts subject to the issuance of a conditional use permit pursuant to the provisions of Article 984, and the approval of a tentative tract map as provided by law. If R2 , R3 , or R4 property is de- veloped as a planned residential district with eight (8 ) or more units per gross acre, such development shall comply with all provisions of this article . 9361. DEVELOPMENT PROCEDURE. The conditional use per- mit , tentative tract map , and preliminary site plans , as re- quired by this article, shall be submitted to the Planning Department concurrently. The Subdivision Committee shall make recommendations on such project to the Planning Commission for approval, conditional approval, or denial . Tentative tract maps and conditional use permit applications , filed pursuant to this article, shall be processed simul- taneously. 9361 .1. SITE PLAN REQUIREMENTS. Site plans shall be submitted concurrently with the conditional use permit for a medium/high density residential development , and shall in- dicate the following: (a) Location of all proposed structures; (b ) The preliminary landscaping proposals showing the location, quantity and type of plant materials ; (c) Location of pedestrian walkways ; (d) Circulation pattern of vehicular traffic; (e) Detailed structural street sections of all access ways ; (f) Type and location of all outside lighting; (g) Size and location of maintenance and storage fa- cilities ; (h) Tvpe, size and location of trash areas ; (i ) Tvpe, size and location of private open space areas ; (J ) Use and treatment of common open space areas; 2. (k) Type and location of all vehicle parking; (1) Type and location of fences and signs ; and . (m) Layout showing proposed sewage and water facilities . 9361. 2 . PRELIMINARY GRADING PLAN REQUIREMENTS. Prelim- inary grading plans shall indicate the following: (a) A full inventory of the natural features of the site, including all trees exceeding a diameter of six (6) inches .; (b) Preliminary soils report and chemical analysis of existing soils conditions; (c) Cut and fill proposed on the site; (d) Proposed surface drainage of the site ; (e) Ground floor elevations of all structures proposed; (f) Difference in finished grades on the site and those grades on abutting property; (g) Underground services; (h) Statement on quantity of excavated material; and (i) Location of scenic points and historic spots or landmarks . 9361. 3 . FLOOR AND ELEVATION PLAN REQUIREMENTS . Floor and elevation plans shall indicate the following: (a) Proposed exterior materials to be used on all struc- tures; (b ) Colors of all exterior materials; (c) Height of all buildings and/or structures; (d) Energy sources proposed for heating and cooling of all buildings . 9361. 4. TENTATIVE TRACT MAP REQUIREMENTS. Tentative tract maps shall indicate the following: (a) Sufficient description to define the location and boundaries of the proposed subdivision; 3. (b ) Existing natural topography with contours at inter- vals of two (2) feet up to 5 percent grade , five (5) felt up to 10 percent grade, and ten (10) feet over 10 percent grade; (c) Locations , names , widths , and approximate grades of all streets within or adjacent to the proposed subdivision; (d) Approximate layout and number of each lot proposed and all dimensions of each said lot ; (e) Outlines of all existing buildings on subject site; (f) Areas of property subject to inundation or storm water overflow and location, width, and direction of flow of all watercourses; (g) Location, width, and purpose of all existing and/or proposed easements on or contiguous to the subdivision; (h) Typical street section; and (i) All existing or abandoned oil field wells and ap- purtenances and the proposed treatment of such facilities . 1111. 5. STATEMENT REQUIRED. A detailed statement shall also be included containing the following information: (a) Distance from the property to any known geological hazard; (b) Gross area within blue line border (area boundary) of the tentative tract map; (c ) Net lot area (i .e . , gross area minus all public and private streets and/or driveways ) ; (d) Number and type of units and number of bedrooms ; (e) Total number of units and number of units and bed- rooms per gross acre; (f) Floor area of each unit ; (g) Area and minimum dimensions of private patios (open space) and balconies ; (h) Percentage of site coverage by all buildings ; (i) Number and type of covered parking spaces; 4. (j ) Number of open parking spaces ; (k) Amount of usable common open and recreational space provided, using regulations set forth in this article ; (1) Types of recreation facilities proposed; and (m) Schedule and sequence of development if proposed in phases. 9362 . DEVELOPMENT STANDARDS. The development stand- ards contained in this article shall apply to all medium/high density planned residential developments . 9362 . 1 . MAXIMUM DENSITY. The maximum density of a project approved pursuant to this article shall not exceed the following except where a project is proposed upon property which has an area within the abutting public street right-of-way greater than 7 1/2 percent of the site area, in which case that portion of the street right-of-way exceeding 7 1/2 percent of the site area shall not be used to compute the maximum density of such development : (a) Maximum Units Maximum Bedrooms District per Gross Acre per Gross Acre R2 15. 0 38 R3 25. 0 50 R4 35. 0 53 (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 will be considered a bedroom. When a room such as a den, study or sewing room is pro- vided 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 facility normally found in a bedroom is proposed, and if such room is to be constructed in such a manner that 50 percent or less of one wall is open to an adjacent room or hallway. 9362 . 2 . MAXIMUM SITE COVERAGE. Maximum site coverage for all buildings proposed for the site on which the develop- ment is located shall not exceed the following percentage of the net area being developed: 5. Units/Acre Maximum Coverage 0-16 45% 16. 01 and over 50% 9362 . 3. SETBACK FROM A PUBLIC STREET. The minimum set- back from a public street for all buildings and structures ex- ceeding forty-two ( 42) inches in height shall not be less than twenty (20) feet ; however, said setback may be reduced to fifteen (15) feet provided that : (a) The fifteen (15) foot setback is on 50 percent or less of the total building frontage for each such building or struc- ture so constructed; and (b ) An average twenty (20) foot setback is provided for the total building frontage for each such building or struc- ture so constructed. This setback provision for structures exceeding forty- two (42) inches in height shall not prohibit construction of a six ( 6) foot decorative masonry wall along arterial high- ways or along other public streets where such construction is necessary for diminishing noise and establishing pedestrian traffic control as may be required by the city at the time of approval of the project . Patio covers within private open space areas , as well as fences around such areas , may be con- structed within the setback provided the patio cover setback is not less than ten (10) feet . 9362 . 4 . SETBACK FROM INTERIOR PROPERTY LINES. The mini- mum setback from an interior property line for garages shall not be less than ten (10 ) feet; however, such structures may be constructed at a zero setback provided that : (a) Finished grade of the development at the common prop- ertyline shall not exceed finished grade on abutting property , g g p p y , by more than one (1) foot in height; (b ) The wall of such structure constructed along the common property line shall be solid masonry material; (c ) No portion of the structure or architectural fea- tures shall project over the common property line; and (d) In no case shall the height of the garages exceed nine (9) feet when measured from finished grade on the abutting property. 9362. 5. SETBACK FROM INTERIOR PROPERTY LINE. BUILDINGS 6. THIRTY FEET OR UNDER IN HEIGHT. The minimum setback for all buildings thirty (30) feet or less in height other than garages , shall not be less than ten (10) feet . Such setback shall be increased at the rate of one (1) foot for each two and one-half (2 1/2) feet for which the length of the building exceeds twenty-five (25) feet when such building is adjoining property zoned or used for single-family residential use. 9362. 6. SETBACK FROM INTERIOR PROPERTY LINE. BUILDINGS OVER THIRTY FEET IN HEIGHT. The minimum setback for buildings exceeding thirty (30) feet in height shall not be less than ten (10 ) feet except where the project is constructed on property which has a common property line with property zoned or used for single-family residential development , in which case this ten (10 ) foot setback shall be increased as follows : (a) A minimum one hundred (100) feet where there has been no buffer of landscape screening and/or parking structures pro- posed; or (b) A minimum of eighty-five ( 85) feet where there has been a buffer of landscape screening and/or parking structures proposed to be constructed along such common property line or between a building exceeding thirty ( 30) feet in height and such property line . 9362 . 7. BUILDING SEPARATION AND SETBACK. The minimum building separation or distance between buildings and access ways shall be as follows : (a) Between one-story buildings , front to front , twenty- five (25 ) feet . This distance shall be increased by five (5) feet for each story of each building in excess of one (1) story. (b ) Between one-story buildings , rear to rear or rear to front , twenty (20) feet . This distance shall be increased by five (5) feet for each story of each building in excess of one (1) story. (c) Between one-story buildings , side to front or side to rear, fifteen (15) feet . This distance shall be increased two and one-half (2 1/2) feet for each story of each building in excess of one (1) story. (d) Between one-story buildings , side to side, ten (10) feet . This distance shall be increased by two and one-half ( 2 1/2 ) feet for each story of each building in excess of one (1) story or by five (5) feet for each dwelling unit in excess of two (2) contained in either one of the structures , whichever 7 . distance is greater. (e) In order to provide for obliquely aligned buildings , the distance specified above may be decreased by five (5) feet at one building corner if increased by an equal or greater distance at the other corner. (f) Distance between detached accessory buildings shall not be less than fifteen (15) feet . (g) Distance between ground floor area of buildings used for human habitation and detached accessory buildings shall not be less than ten (10) feet . (h) Distance between uncovered and unenclosed parking spaces and any ground floor area of a building used for human habitation, shall not be less than fifteen (15) feet . (i) Distance between vehicular access ways and that portion of a building used for human habitation shall be not less than fifteen (15) feet . (j ) Distance between travel lanes on vehicular access ways and garages or parking structures shall not be less than five (5) feet . However, where a development is constructed with the garages attached and/or adjacent to the units they are to serve, a minimum of 50 percent of said garages shall set back not less than twenty (20) feet from the curb line or back of sidewalk, whichever distance is greater. 9362 . 8. BUILDING ORIENTATION. The orientation of all buildings shall be designed and arranged to preserve natural features by minimizing the disturbance to the natural environ- ment and to create a heterogeneous neighborhood. Natural features such as trees , groves , waterways , scenic points , historic spots or landmarks, bluffs or slopes shall be delineated on the site plan and considered when planning the location and orientation of buildings , open spaces , under- ground services, walks , paved areas, playgrounds , parking areas , and finished grade elevations . 9362 .9 . BUILDING HEIGHT. The maximum building height shall not exceed thirty-five (35) feet . 9362 . 10 . BUILDING BULK. All structures proposed to be constructed within a project shall conform to the following requirements : (a) Structures having dwelling units attached side by 8. side shall be composed of not more than six (6) dwelling units . (b ) Structures having dwelling units attached side by side shall have an offset in the front building line of at least four (4) feet for every two (2) dwelling units within such structure . (c) Structures having dwelling units attached side by side shall have at least one-third (1/3) of the total number of units within such structures constructed of one-story units . 9362 .11. COMMON OPEN SPACE. The minimum square footage of common open space for recreation and leisure activities shall be provided for each dwelling unit within the develop- ment subject to the following: Units/Acre Square Feet/Unit 8. 01-15 800 15 .01-25 600 25 . 01-35 400 (a) The common open space areas shall be designed and located within the development to afford maximum use by all residents of the project . These common areas may include game courts or rooms , swimming pools , private dock areas , garden roofs or grounds , sauna baths, putting greens , or play lots . (b ) Recreation and leisure areas shall not be located within ten (10) feet of any ground floor dwelling unit wall having a door or window. Also, such recreation and leisure areas shall have minimum dimensions of twenty (20) feet if any part of such areas are to be included in the calculations for minimum common open space areas . (c ) The minimum square footage requirements for rec- reational and leisure areas provided by this article shall not satisfy any requirement of Article 974 and Article 996 relating to park and recreational facilities . (d) Private waterways may partially satisfy the rec- reational and leisure area requirements provided, however, that not less than 50 percent of such space per unit shall be land area. (e) Enclosed buildings used for recreation or leisure facilities shall not constitute more than 15 percent of the required recreational area. The remaining recreational area shall be open space . 9 • (f) At least one (1) main recreational area shall be pro- vided within each project . This area shall be conveniently lo- cated within the development to afford maximum use by all resi- dents of the project . In addition to meeting all other site plan criteria of this article, a maximum number of units shall be located to abut open space . 9362 .12 . MAIN RECREATION AREA. MINIMUM SIZE. The mini- mum size of the main recreational area shall not be less than ten thousand (10 ,000) square feet with a minimum dimension Of fifty (50) feet and a minimum average dimension of one hundred (100 ) feet . (a) Two or more of the following facilities shall be pro- vided within the main recreational area: swimming pool, tennis court, basketball court , putting green, playground equipment , volleyball court , lawn bowling, outdoor cooking facility, or similar facilities . (b ) The main recreation area shall not be located closer than twenty (20 ) feet to a building used for human habitation having ground floor windows or doors , and no closer than five (5) feet to any other wall of a building used for human habi- tation containing no windows or doors . Recreation facilities or structures and their accessory uses located in the main recreation area shall be considered in calculating the total size of such area; provided that paving, roofs, and other such surfaces shall constitute no more than five percent ( 5%) of the total area. (c) Clubhouse facilities shall be provided in the main recreation area. This facility shall not be less than seven (7) square feet per unit nor less than minimim Uniform Building Code standards . The clubhouse shall contain additional facilities to meet the recreational needs of the development . 9362.13 . PRIVATE OPEN SPACE. Minimum private open space areas, as set forth in the tables below, shall be located adjacent to the unit they are intended to serve : (a) A ground floor unit in which all rooms used for human habitation are constructed at ground level, shall be provided with ground-level, private patio areas as follows : 10. Minimum Area Minimum Unit Type (Sq . Ft . ) Dimension (Ft . ) Bachelor, single or one (1) bedroom 200 10 Two (2) bedrooms 250 10 Three ( 3) bedrooms 300 10 Four (4) bedrooms 400 10 (b ) Units constructed above ground level in which all rooms used for human habitation are constructed above ground level, shall be provided with balconies or sun decks as follows : Minimum Area Minimum Unit T.ype (Sq. Ft . ) Dimension (Ft . ) Bachelor, single or one ( 1) bedroom 60 6 Two (2 ) , three (3) or four (4) bedrooms 120* 6 *This one hundred twenty (120) Rquare feet may be divided into two (2) separate areas ; however, neither area shall contain less than sixty (60) square feet . Balconies which serve as entrances or exits shall not satisfy this requirement except where entrances or exits are for the sole use of a particular unit . Not less than 50 percent of the lower forty-two (42) inches of the area around balconies shall be screened when viewed from a horizontal plane. (c) A dwelling unit (studio type) that is constructed having a portion of the rooms used for human habitation at ground level and a portion of such rooms constructed above ground level may be permitted a 10 percent reduction in the required ground level patio area if balconies or sun decks are provided, pursuant to subsection (b) , on those levels above ground floor level of the same dwelling unit . 9362. 14 . MINIMUM FLOOR AREA. Each dwelling unit within the development shall have the following minimum floor area: 11. Minimum Floor Unit Type Area (Sq . Ft . ) Bachelor and single 450 One (1) bedroom 650 Two (2) bedrooms 900 Three (3) bedrooms 1100 Four (4) bedrooms 1300 9362. 15 . PRIVATE ACCESS WAY WIDTHS. The following stand- ards shall apply to all vehicular access ways : (a) Private ways serving as access to or within a planned residential development shall be provided with a minimum paved width equivalent to not less than two (2) twelve (12) foot wide travel lanes . An additional twelve (12) foot wide travel lane shall be provided for each direction of traffic flow where an access way intersects a local or arterial public street for a distance of not less than one hundred (100 ) feet from such intersection into the development . (b ) An access way exceeding one hundred fifty (150) feet in length but less than three hundred (300) feet in length, shall be provided with a curbed turn-around having a minimum radius of twenty-two and one-half (22 1/2) feet . For those access ways exceeding three hundred ( 300 ) feet but less than six hundred (600) feet , there shall be provided a curbed turn- around having a minimum radius of forty ( 40) feet or an inter- tying loop circulation system. For those access ways exceeding six hundred (600 ) feet , there shall be provided an intertying loop circulation system. 9362 .16 . PARKING. The required parking for a planned residential development shall be provided at the following ratio: (a) Dwelling units not exceeding one (1) bedroom shall be provided with one and one-half (1 1/2) on-site parking spaces . One ( 1) space shall be covered. The remaining one-half parking space may be unenclosed and uncovered. (b ) Dwelling units with two (2) or more bedrooms shall be provided with two (2) on-site parking spaces . One (1) of these spaces shall be covered. The remaining space may be un- enclosed and uncovered. 12 . (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 a guest parking space . Guest parking spaces shall be located throughout the planned residential de- velopment to serve both residents and guests conveniently . (d) Where the fully enclosed garage is constructed a minimum of twenty (20 ) feet from the curb as provided for in Section 9362. 70 ) herein, the driveway for said garage may be used to satisfy one (1) of the unenclosed and uncovered required parking spaces . Not more than 50 percent of such spaces may be credited toward the parking requirements of this article . (e ) The parking spaces required by this section shall be distributed throughout the planned residential development at convenient locations to serve both residents and guests . All required covered parking shall be located within two hundred (200 ) feet of the dwelling unit it is designed to serve. (f) All required parking spaces or areas, covered or un- covered, within a planned residential development shall be screened on a horizontal plane . Said screening need not ex- ceed six (6) feet . (g) The access , dimensions and turning radii for all parking shall conform to the provisions of Article 979 • 9362 . 17. LANDSCAPING. The purpose of this section is to insure a more pleasant living environment through the use of plants and decorative design elements . (a) All setback areas fronting on or visible from an adjacent public street , and all recreation, leisure and open space areas shall be landscaped and permanently maintained in an attractive manner. Such landscaping shall consist pri- marily of ground cover, ferns , trees , shrubs and 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 shall be provided as follows : one (1) thirty (30) inch box tree for each residential unit or the equivalent of thirty ( 30) inch box trees as provided herein. 13. Seventy-five (75) percent of the total requirement shall be thirty ( 30) inch box trees and the remaining 25 percent of such requirement may be provided at a ratio of one (1) inch for one (1) inch through the use of twenty (20 ) or twenty- four (24) inch box trees . Additional trees and shrubs shall also be planted to provide a well-balanced landscaped de- velopment . (e) A landscape and irrigation plan shall be subject to approval by the Department of Building and Community Develop- ment `prior to the issuance of building permits . 9363 . GENERAL PROVISIONS. The developments shall comply with all existing standard plans and specifications and adopted city codes . 9363.1 . ADDRESS SIGNS. The placement of address numbers shall be at a uniform location throughout the development , and the placement of such numbers shall first be approved by the Department of Building and Community Development . 9363. 2. CABLE TV. No exterior television antenna shall be permitted but a common underground cable service to all dwelling units may be provided. 9363 . 3. FIRE HYDRANT SYSTEM. A fire hydrant system shall be installed to provide an adequate fire flow. The adequacy of such system shall be approved by the fire marshal after review of plans and engineering calculations have been submitted. Plans shall be submitted and approved prior to the issuance of build- ing permits , and any fire hydrant system shall be in operation prior to the time of construction with any combustible materials . 9363 . 4 . LAUNDRY AREAS. Where laundry areas, other than those located within individual dwelling units, are provided, such areas shall be located to minimize visual and noise in- trusion both within and outside the project . 9363. 5 . LIGHTING. The developer shall install an on-site lighting system on all vehicular access ways and along major walkways . A lighting plan shall be submitted for approval to the Department of Building and Community Development . Such lighting shall be directed onto driveways and walkways within the development and away from adjacent properties . Lighting shall also be installed within all covered and enclosed parking areas . 9363. 6 . OUTSIDE STORAGE SPACE. Where the proposed develop- ment is to be constructed with other than an attached garage for each dwelling unit, a minimum of one hundred (100 ) cubic feet of 14. storage space shall be provided outside the dwelling for each such unit . The design, location and size of the storage space shall be integrated into the development . 9363 . 7. SEWER AND WATER SYSTEMS. Sewer and water systems shall be designed to city standards . Such systems shall be lo- cated within streets , alleys or drives . In no case shall in- dividual sewer lines or sewer mains for a dwelling unit be per- mitted to extend underneath any other dwelling unit . 9363. 8. SIGNS. All signs in the development shall conform to applicable provisions of the district in which such development is located. 9363.9 . STREET SIGNS. The developer shall install on- site street name signs at the intersections of access ways, as approved by the City Engineer. Street name signs shall first be approved by the Planning Commission for design and type pursuant to the appearance standards set out in this article . All signs required by this section shall be installed at approved locations prior to the time the first dwelling unit is occupied. 9363 .10 . STREET TREES. Street trees shall be provided pursuant to city standards with fifteen (15 ) gallon trees planted approximately forty-five (45) feet on center on local public 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 public right-of-way line where parkway trees cannot be planted within such 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 the Planning Department . 9363 . 11. TRASH COLLECTION AREAS. Trash collection areas shall be provided within two hundred (200) feet of the units they are to serve . Such areas shall be enclosed or screened with masonry , and shall be situated in order to minimize noise and visual intrusion on adjacent property as well as to elim- inate fire hazard to adjacent structures . 9363 .12 . VEHICULAR STORAGE. Outside uncovered and un- enclosed areas for storage of boats , trailers, recreational vehicles and other similar vehicles shall be prohibited unless specifically designated areas for the exclusive storage of such vehicles are set aside on the final development plan and 15. provided for in the association' s covenants, conditions and restrictions . Where such areas are provided, they shall be enclosed and screened from view on a horizontal plane from adjacent areas by a combination of a six (6) foot high masonry wall and permanently maintained landscaping. 9364. COMMON AREAS. Common open space shall be guar- anteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the planned residential development . The developer shall file with the Planning Department , for recordation with the final subdivision map, legal documents which will provide for restricting the use of common spaces for the designated purpose, as approved on the final develop- ment plan. All lands to be conveyed to the homeowners ' association shall be subject to the right of the grantee or grantees to enforce maintenance and improvements of the common space. 9365. HOMEOWNERS' OR COMMUNITY ASSOCIATION. A develop- ment shall be approved subject to submission of a legal in- strument or instruments setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas , and communal facilities . No such instrument shall be acceptable until approved by the City Attorney as to legal form and effect, and by the Planning Department as to suit- ability for the proposed use of the open areas . If the common open spaces are to be conveyed to the homeowners ' association, the developer shall file a declara- tion of covenants to be submitted with the application for approval, that will govern the association. The provisions shall include, but not be limited to, the following: (a) The homeowners ' association shall be established prior to the sale of the last dwelling units . (b) Membership shall be mandatory for each buyer and any successive buyer. (c) The open space restrictions shall be permanent . (d) Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project . (e) If the development is constructed in increments or phases which require one or more final maps , reciprocal 16. covenants , conditions , and restrictions and reciprocal manage- ment and maintenance agreements shall be established which will cause a merging of increments as they are completed, and embody one homeowners ' association with common areas for the total development . 9366. APPEARANCE STANDARDS. The following standards shall be considered by the Planning Commission before approving a development : (a) Architectural features and general appearance of the proposed development shall enhance the orderly and harmonious development of the area or the community as a whole . (b) Architectural features and complimentary colors shall be incorporated into the design of all vertical ex- terior surfaces of the buildings in order to create an aesthetically pleasing project . (c) Particular attention shall be given to incorpo- rating the design, including colors , of signs into the over- all design of the entire development in order to achieve uniformity. (d) Vehicular access ways shall be designed with land- scaping and building variation to eliminate an alley-like appearance. 9367. SPECIAL PERMIT. Planning unit development standards are designed to encourage developments creating an aesthetically pleasing appearance , and enhance the living environment for the residents of the project , and to facilitate innovative archi- tectural design and adaption of the development to the terrain and surrounding environment . Deviation from the provisions of this article, with the exception of maximum density, may be granted at the time of approval of the project . Concurrently with filing a conditional use permit application, the developer may file an application for a special permit authorizing deviation from the provisions of this article, and such applica- tion shall be heard concurrently with the conditional use permit application. The Planning Commission may approve the special permit application in whole or in part upon a finding that the proposed development will: (a) promote better living environments ; (b ) provide better land planning techniques with maximum use of aesthetically pleasing types of architecture , landscaping, site layout and design; 17. (c) not be detrimental to the general health, welfare, safety and convenience of the neighborhood or city in general, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the city in general; and (d) be consistent with objectives of planned unit devel- opment standards in achieving a development adapted to the terrain and compatible with the surrounding environment . SECTION 2 . Medium/high density planned residential de- velopments filed for approval prior to June 3, 1976 may be processed for final approval in accordance with provisions in effect at the time of filing of such developments . SECTION 3. This ordinance shall take effect thirty days from its passage . 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 3rd day of May 19 76. Mayor ATTEST: APPROVED AS TO FORM: • J/60 City Clerk Ci Att rney APPROVED AS TO CONTENT: APPROVED, INITIATIN EPARTMENT: r. City Administrator 18. Ord. No. 2056 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified 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 19th day of April 1976 , and was again read to said City Council at a regular meeting thereof held on the 3rd day of May 1976 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, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Nti rain Cif �±on Sea11 cfl a Cl CLERK—of t�f *..4 :.Oupcil- d Y cer*�# :,t.t th}S 'i it r?ce h1R teenr..t, n d �ri tote ttrrai� Seaah , AtlelA h.