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HomeMy WebLinkAboutOrdinance #2340 ORDINANCE NO. 2340 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9202. 3.1, 9202. 3. 1. 1, 9232. 3.1, 9232. 3. 1. 1, 9232. 3. 1. 2 AND BY AMENDING VARIOUS OTHER SECTIONS OF DIVISION 9; AND ADDING THERETO SECTIONS 9811.2. 4 AND 9811. 3.1, TO EFFECT NECESSARY CHANGES TO MIS- CELLANEOUS PROVISIONS OF SUCH CODE The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Sections 9202. 3.1, 9202.3. 1.1, 9232. 3. 1, 9232. 3.1.1, 9232 . 3.1.2 of the Huntington Beach Ordinance Code are hereby repealed. SECTION 2. The Huntington Beach Ordinance Code is hereby amended by amending Sections 9154, 9156. 4, 9162. 3, 9202. 3, 9232. 3, 9351.2, 9354, 9356. 4, 9481. 5, 9481. 11, 9517, 9700. 7, 9700. 14, 9700. 15, 9841. 4 and 9843 to read as follows : 9154. USES PERMITTED CONDITIONALLY. The following uses are permitted subject to approval of a conditional use permit : (a) Planned residential developments pursuant to Article 931 or 936, provided the density shall not exceed that governed by this article. (b) Unclassified uses pursuant to Article 933. 9156. 4. SETBACKS. (a) MAIN BUILDINGS (1) Minimum Front- Yard Setback: The minimum front yard setback shall be fifteen 15 feet; however, said setback may be reduced a maximum of seven (7) feet on any site, pro- vided the setback reduction is on 50 percent or less of the total building width and an average setback of not less than fifteen (15) feet is provided for the total building width. (2) Side Yard Setback: Except as provided herein, /ahb 1. 12/1/78 / the aggregate setback shall be not less than 20 percent of the site frontage and a minimum of three (3) feet shall be provided in each side yard. (i) Any side yard abutting a public street shall have a setback of not less than five (5) feet , except for garages located on a single, twenty-five (25) foot lot, said setback may be reduced to not less than three (3) feet . (ii) Any side yard not abutting an arterial or local street may be reduced to zero provided that the side yard area reduced by this procedure is made up on the op- posite side yard of the site. Further provided, where zero side yard setback is used, the abutting side must be held under the same ownership at the time of initial construction or the owners of the abutting properties record agreement or deed restriction and consent in writing to such zero setback. A separation of not less than five (5) feet shall be provided between facing structures on abutting sites where zero side setback is utilized. This requirement shall not apply where the same interior property line is utilized for zero side yard construction on both sites. (iii) Further provided, where the main entry to a dwelling is taken from a side yard area, said area abut- ting the main entry shall be not less than five (5) feet for the first story. (3) Minimum Rear Yard Setback: Rear yards for all main buildings shall have a minimum setback of seven and one-half (7 112) feet. A cantilever not exceeding five (5) feet into the required rear yard setback is permitted for any part of a struc- ture above the first floor double plate. (b) ACCESSORY BUILDINGS (1) Front Yard Setback: The minimum front yard set- back shall be twenty-two 22 feet except that garages which side on the front yard may be set back not less than ten (10) feet . (2) Minimum Side Yard Setback: Except as provided herein, the aggregate setback shall be not less than 20 percent of the site frontage and a minimum of three (3) feet shall be provided in each side yard. (i) Any side yard abutting a public street shall have a setback of not less than five (5) feet, ex- cept for garages located on a single, twenty-five (25) foot 2. lot , said setback may be reduced to not less than three (3) feet . (ii) Any side yard not abutting an arterial or local street may be reduced to zero provided that the side yard area reduced by this procedure is made up on the opposite side yard of the site. Further provided where zero side yard setback is used, the abutting site must be held under the same ownership at the time of initial construc- tion or the owners of the abutting properties record agree- ment or deed restriction and consent in writing to such zero setback. A separation of not less than five (5) feet shall be provided between facing structures on abutting sites where zero side setback is utilized. This requirement shall not apply where the same interior property line is utilized for zero side yard construction on both sites. (iii) Further provided where the main access to a dwelling is taken from a side yard, said area abutting the main accessway shall be not less than five (5) feet for the first story. (3) Minimum Rear Yard Setback: Rear yards for ac- cessory buildings shall have a minimum setback of seven and one- half (7 1/2) feet . (c) FENCES, WALLS AND HEDGES. Fences, walls and hedges which do not exceed six (6) feet in height may be located on any portion of the site except with the front and rear yard areas subject to the following limitations : (1) Corner Site. Fences or walls which do not exceed six (6) feet in height may be erected in the exterior side yard of a corner site provided they are not closer than twenty-five (25) feet to the front property line. (2) Street Intersection. Within a triangular area formed by measuring twenty-five 25) feet along the front and twenty-five (25) feet along the exterior side site lines of the corner site, there shall be not less than 90 percent unobstructed vision between forty-two (42) inches above grade to and including seven (7) feet above grade. (3) Corner Site Abutting an Alley. Within a triangular area formed by measuring ten (10) feet along an alley and exterior side site lines, there shall be no structure, fence, wall, hedge, or landscaping or structure erected or maintained over forty-two (42) inches in height. (4) Height Measurement of Fence or Wall. The height of 3. a fence may be measured from either side of the fence. Provided, where a retaining wall is combined with a fence, no portion of the retaining wall will be measured in meeting fence requirements . Any combination of retaining wall and fence over eight (8) feet high must be built with a variation in design or material between retaining portion and fence. This section shall not prohibit placement of trash enclosures within the rear yard area. 9162. 3. MAXIMUM DENSITY. The maximum density shall not exceed one (1) dwelling unit for each two thousand (2000) square feet of lot area. Where five (5) or more units are proposed on any one parcel, the maximum density shall be based on the density set forth in Article 932 (Apartment Standards) . 9202. 3. MAXIMUM DENSITY. The maximum density shall not exceed one (1) dwelling unit for each 1250 square feet of lot area. Where nine (9) or more units are proposed on any one parcel, the maximum density shall be based on the density set forth in Article 932 (Apartment Standards ) . 9232. 3 MAXIMUM DENSITY. The maximum density shall not exceed one (1) dwelling unit for each one thousand (1000) square feet of lot area. Where fifteen (15) or more units are proposed on any one parcel, the maximum density shall be based on the density set forth in Article 932 (Apartment Standards) . 9351. 2 LEGAL BOUNDARIES. Precisely, Townlot Specific Plan - Area One includes the real property described as: SECTION A Block 206, Lots 2, 4-28; Blocks 207-210, Lots 1-28; Block 211, Lots 1-28; Blocks 305-309 , Lots 1-28; Block 310, Lots 1-25, 27; Block 311, Lots 1-24, 26, 28 of the - Huntington Beach Tract as recorded in Miscellaneous Maps of Orange County, Book 3, page 36. Blocks 406-409, Lots 1-28; Block 410, Lots 1, 3, 5-28; Blocks 506-510 , Lots 1-28; Block 606, Lots 14-17; Blocks 607-610, Lots 1-28 of the Huntington Beach Tract, Main Street Section as recorded in Miscellaneous Maps of Orange County, Book 3, page 43. Block 417, Lots 1-28; Blocks 420-421, Lots 1-28; Blocks 513-515, Lots 1-28; Block 516, Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27; Block 517, Lots 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28; Blocks 518-521, Lots 1-28; Blocks 611-615, Lots 1-28; Block 616, Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 4. 211 23, 25, 27; Block 617, Lots 2, 4, 6, 8, 10, 12, 141 16, 18, 20, 22, 24, 26, 28; Blocks 618-621, Lots 1-28 of the Huntington Beach Tract, Seventeenth Street Section as recorded in Miscellaneous Maps of Orange County, Book 4, page 10. Blocks A. B, C , Lots 1-14, Tract 1094 as recorded in Miscellaneous Maps of Orange County, Book 35, page 44. i SECTION B Blocks 212-216, Lots 1-28; Blocks 312-316, Lots 1-28; Block 415, Lots 1-28; Block 416, Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27 of the Huntington Beach Tract as recorded in Miscellaneous Maps of Orange County, Book 3, page 36. Blocks 413-4143 Lots 1-28 of the Huntington Beach Tract, Seventeenth Street Section as recorded in Miscellaneous Maps of Orange County, Book 4, page 10. Tract 6119, Lots 1-14 as recorded in Miscellaneous Maps of Orange County, Book 225, page 9. Blocks 319-321, Lots 1-28; Blocks 219-221, Lots 1-28; Blocks 318, 317, Lots 1-28; Blocks 218, 217, Lots 1-28 of the Huntington Beach Tract, Seventeenth Street Section as recorded in Miscellaneous Maps of Orange County, Book 4, page 10. Block 617, Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27; Block 616, Lots 2, 4, 61 8, 10, 12, 14, 16, 18, 20, 22, 24 , 26, 28; Block 517, Lots 1, 3, 5, 7, .8, 11, 13, 15, 17, 19, 21, 23, 25, 27; Block 516, Lots 2, 4, 6, 8, 10, 12, 14, 16, 18 , 20, 22, 24, 26, 28 of the Huntington Beach Tract, Seventeenth Street Section as recorded in Miscellaneous Maps of Orange County, Book 4, page 10 in the city of Huntington Beach, County of Orange, State of California. 9354. USES PERMITTED CONDITIONALLY. The following uses are permitted subject to approval of a conditional use permit : (a) Planned residential developments pursuant to Article 931 or 936 provided the density shall not exceed that governed by this article. (b) Unclassified uses pursuant to Article 933. 9356.4. SETBACKS. 5. (a) MAIN BUILDINGS (1) Minimum Front Yard Setback. The minimum front yard setback shall be twelve 12 feet; however, said setback may be reduced a maximum of six (6) feet on any site, provided the setback reduction is on 50 percent or less of the total building width and an average setback of not less than twelve (12) feet is provided for the total building width. (2) Side Yard Setback. Except as provided herein, the aggregate setback shall be not less than 20 percent of the site frontage and a minimum of three (3) feet shall be provided in each side yard. (i) Any side yard abutting a public street shall have a setback of not less than five (5) feet, except for garages located on a single, twenty-five (25) foot wide lot, said setback may be reduced to not less than three (3) feet . (ii) Any side yard not abutting an arterial or local street may be reduced to zero provided that the side yard area reduced by this procedure is made upon the op- posite side yard of the site. Further provided where zero side yard setback is used, the abutting site must be held under the same ownership at the time of initial construc- tion or the owners of the abutting properties record agree- ment or deed restriction and consent in writing to such zero setback. A separation of not less than five (5) feet shall be provided between facing structures on abutting sites where zero side setback is utilized. This requirement shall not apply where the same interior property line is utilized for both side yard construction on both sites. (iii) Further provided where the main access to a dwelling is taken from a side yard, said area abutting the main accessway shall be not less than five (5) feet for the first story. (3) Minimum Rear Yard Setback. Rear yards for all main buildings shall have a minimum setback of seven and one-half (7 1/2) feet . A cantilever not exc-eeding five (5) feet is per- mitted for any part of a structure above the first floor double plate. (b) ACCESSORY BUILDINGS (1) Front Yard Setback. The minimum front yard set- back shall be twenty-two 22 feet except that garages which side on the front yard may be set back not less than ten (10) feet . 6. (2) Minimum Side Yard Setback. Except as provided herein, the aggregate setback shall be not less than 20 percent of the site frontage and a minimum of three (3) feet shall be provided in each side yard. (i) Any side yard abutting a public street shall have a setback of not less than five (5) feet, ex- cept for garages located on a single, twenty-five (25) foot wide lot, said setback may be reduced to not less than three (3) feet . (ii) Any side yard not abutting an arterial or local street may be reduced to zero provided that the side yard area reduced by this procedure is made up on the opposite side yard of the site. Further provided where zero side yard setback is used, the abutting site must be held under the same ownership at the time of initial con- struction or the owners of the abutting properties record agreement or deed restriction and consent in writing to such zero setback. A separation of not less than five (5) feet shall be provided between facing structures on abutting sites where zero side setback is utilized. This requirement shall not apply where the same interior property line is utilized for zero side yard construction on both sides. (iii) Further provided where the main access to a dwelling is taken from a side yard, said area abutting the main accessway shall be not less than five (5) feet for the first story. (3) Minimum Rear Yard Setback. Rear yards for ac- cessory buildings shall have a minimum setback of seven and one- half (7 1/2) feet . (c) FENCES, WALLS AND HEDGES. Fences, walls and hedges which do not exceed six (6) feet in height may be located on any portion of the site except within the front and rear yard areas subject to the following limitations : (1) Corner Site. Fences or walls which do not exceed six (6) feet in height may be erected in the exterior side yard of a corner site provided they are not closer than twenty-five (25) feet to the front property line. (2) Street Intersection. Within a triangular area formed by measuring twenty-five 25) feet along the exterior side site lines of the corner site, there shall be not less than 90 percent unobstructed vision between forty-two (42) inches above grade to and including seven (7) feet above grade. (3) Corner Site Abutting an Alley. Within a tri- 7. angular area formed by measuring ten (10) feet along an alley and exterior side site lines, there shall be no structures, fence, wall, hedge, or landscaping or structure erected or maintained over forty-two (42) inches in height . (4) Height Measurement of Fence or Wall. The height of a fence may be measured from either side of the fence. Pro- vided, where a retaining wall is combined with a fence, no por- tion of the retaining wall will be measured in meeting fence requirements. Any combination of retaining wall and fence over eight (8) feet high must be built with a variation in design or material between retaining portion and fence. This section shall not prohibit placement of trash enclosures within the rear yard. 9481.5. OUTSIDE ACTIVITIES. Activities conducted outside the permanent structure shall be limited to the dispensing of gasoline, oil, water, minor accessory items and parts such as fan belts , light bulbs and wiper blades, attaching and detaching trailers and changing tires. Except as provided in Section 9481. 4. 1 outside storage of p � motor vehicles is prohibited. For the purposes of this section, "outside storage" shall mean the parking of a motor vehicle outside the main structure of the service station for a period in excess of twenty-four (24) hours unless said vehicle is in the process of being serviced, in which case "outside storage" shall mean the parking of a motor vehicle outside the main structure of the service station for a period in excess of seven (7) days. 9481.11. PARKING. The size, arrangement and acess of all parking lots and spaces shall conform to Article 979 of this code. All vehicles except those within the main structure of the service station or those being serviced at the pump islands shall be parked within said parking lots and spaces . 9517. OFF-STREET PARKING. (a) The arrangement , access and number of all parking spaces shall conform to Article 979• (b) All yard areas not facing streets may be used solely for automobile parking, provided such use is not in conflict with other provisions of this code . (c) Where driveways have been provided to permit access to the rear of a building, the minimum driveway shall be twenty- five (25) feet . Such driveway shall be maintained free and clear of any obstruction. 9700. 7. Words beginning with the letter "G" shall have the 8. following definitions : (1) Garage, Private. An accessory to, or a portion of a main building, used or designed for use only for the shelter and/or storage of passenger vehicles, or trucks of not more than one ton rated capacity, owned or operated by occupants of the main building and including usable space and convenient ingress and egress thereto. (2) Gross Acreage . The area computed by including all property within property lines of a proposed development , except when such property lines abut a street in which case such area shall be computed from the center line of such street . (3) Gross Area shall mean the total of an area, computed within the boundary lines of an area of land, before deduction of public streets, easements, or other areas to be dedicated or reserved for public use. 9700.14. Words beginning with the letter "N" shall have the following definitions: (1) Nonconforming Building. Any building or structure or portion thereof which does not conform to the provisions of the Huntington Beach Ordinance Code and which lawfully existed at the time the provisions with which it does not conform became ef- fective. (2) Nonconforming Lot or Parcel. Any lot or parcel whose area, width or other dimensions do not conform to the provisions of the Huntington Beach Ordinance Code and which lawfully existed at the time the provisions with which it does not conform became effective. (3) Nonconforming Use. Any use of land, buildings, struc- tures or portions thereof which does not conform to the pro- visions of the Huntington Beach Ordinance Code and which lawfully existed at the time the provisions with which it does not conform became effective. (4) Noncommercial Horse Stable shall mean an entire par- cel of land upon which a horse or horses are maintained. It is the intent of this definition that such horses be owned by the resident and be maintained for private use. A noncommercial horse stable shall be any parcel on which not more than four (4) horses are maintained; except that more than four (4) horses may be kept on a site where such horses are owned by the persons residing on such site. (5) Net Site Area shall mean the total of an area of a 9. legally-created parcel of land, computed within the parcel boundary lines exclusive of the following: all public and private streets, roads, accessways or easements which provide access over, across, and upon such property that physically pro- hibit the surface use for other than vehicular ingress and egress . 9700.15. Words beginning with the letter 110" shall have the following definitions : (1) Open or Public Land. Open or public land shall include parks dedicated or proposed to be dedicated for public use, school sites, easements or rights-of-way for electrical trans- mission lines, or areas set aside for public water uses or flood control channels. (2) Open Space shall mean the portion or portions of a par- cel of land unoccupied or unobstructed by buildings or structures from the ground upward, excepting therefrom architectural features extending not more than four (4) feet from the structure. (3) Open Space, Common shall mean belonging to, shared by, or having an undivided interest in the use of real property by all members, individuals or residents of a particular real prop- erty development . (4) Open Space, Private shall mean belonging to, or re- stricted to the use and enjoyment of the occupant of a particular unit . 9841. 4. DENIAL BY PLANNING COMMISSION. The Planning Commission may deny any application if it finds any one of the following: (a) That the proposed use has a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood, or is detrimental to the value of the property and improvements in the neighborhood; or (b ) The proposed use is not contemplated under the Master Plan of Land Use; or (c) The proposed use is not compatible with existing or other proposed uses in the neighborhood; or (d) The location, site layout , and design of the proposed use does not properly adapt the proposed structures to streets, driveways , and other adjacent structures and uses in a har- monious manner; or 10. (e) The combination and relationship of one proposed use to another on a site are not properly integrated; or (f) The access to and parking for the proposed use creates an undue traffic problem; or (g) In the case of a conditional use permit application for a planned residential development, the development does not conform to the provisions contained in Articles 931 or 936. 9843. TIME LIMIT. Each conditional use permit authorized under the provisions of this article shall become null and void unless actual construction has commenced within one (1) year from the date of final approval. In the case of conditional use permit appications for planned residential developments, said approval shall become null and void unless a final map has been recorded with the county recorder' s office within eighteen (18) months from date of final approval. SECTION 3. The Huntington Beach Ordinance Code is hereby amended by adding thereto Sections 9811. 2. 4 and 9811. 3.1 to read as follows : 9811.2. 4. TIME LIMIT. All use permit approvals issued under the provision of this code shall be valid for a period of one (1) year from the date of such approval unless sooner re- voked as provided herein. Said approval may be extended for an additional one (1) year period by the Board of Zoning Adjustments. No more than two (2) such extensions shall be granted. A written request for an extension of time shall be filed with the Planning Department prior to the expiration of the current permit . Extensions of time may be granted only if practical difficulties arise which make implementation of an approved use permit impossible within the scope of time allotted. Said projects will be reviewed under all new provisions of this code. Practical difficulties include, but are not limited to: (a) Delays caused by procuring further necessary approvals from a governmental agency. (b) Delays caused by strikes, acts of God, or other cir- cumstances beyond the control of the applicant . 9811. 3.1. LOT LINE ADJUSTMENT. A lot line adjustment be- tween two (2) or more contiguous legal parcels may be permitted pursuant to provisions of the Subdivision Map Act where the land taken from one parcel is added to a contiguous parcel and where a greater number of parcels than originally existed is not created, subject to a finding that said adjustment is consistent with general and specific plans for said property, and also sub 11. ject to the following criteria: (a) The lot line adjustment shall not create a nonconform- ing parcel. (b) The lot line adjustment shall not create a nonconform- ing yard requirement . (c) The lot line adjustment shall not sever any existing structure on either of the two lots . (d) The lot line adjustment shall not allow a greater number of dwelling units than allowed by this code prior to the adjustment. (e) Monuments for the newly-established corners shall be readjusted in compliance with the Subdivision Map Act. (f) Authentic data on the bearings on the adjusted line shall be shown on a plat map which shall be certified by the city engineer prior to recordation. (g) Said plat map shall be recorded with the county re- corder prior to the issuance of a certificate of occupancy for the structure and/or structures upon subject properties. (h) If the adjustment is not made between two (2) con- tiguous parcels held under one ownership, each property owner shall certify on the plat map, prior to its recordation, that the adjustment data and his ownership are true and correct. SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this ordinance, or any future amendments or additions thereto, is for any reason held to be invalid or un- constitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the re- maining portions of this ordinance, or any future amendments or additions thereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or por- tion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto be declared invalid or unconstitutional. 12. SECTION 5. 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 6. 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 Independent, a news- paper of general circulation, printed and published in the County of Orange. 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 , 1979 �°n 9 J ATTEST: Mayor Alicia M. Wentworth APPROVED AS TO FORM: City Clerk BY a (� Deputy City Clerk City Attorney REVIEWED AND APPROVED: TIATED AND APPROVED: ' O C y Administrator Acting Planning Director 13. Ord. No. 2340 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 18th day of December 19 78 , and was again read to said City Council at a regular meeting thereof held on the 2nd day of January 19 79 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: Councilmen: None ABSENT: Councilmen: None Alicia M. Wentworth City Clerk and ex-officio Clerk, of the City Council of the City of Huntington Beach, California BY Deputy City Clerk OK FAlici"�aM. Wentwcrth CITY CLERK of the City of n ne-ch and ex-offic o Clerk of the City 1 s of this erdir.a r Fa:!;i,rgto n City. City Clerk Deputy City Clerk