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HomeMy WebLinkAboutOrdinance #2429 ORDINANCE NO . 2429 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING THE TITLES OF ARTICLES 931 AND 936 TO INCLUDE THE TERM "STOCK COOPERATIVES ," BY AMENDING SECTIONS 9310, 9310 .1 , 9360, AND 9360.1 TO EXPAND THE PURPOSE AND APPLICABILITY OF SUCH ARTICLES TO INCLUDE DEVELOPMENTS COMPATIBLE WITH PLANNED RESIDENTIAL, AND BY AMENDING SEC- TIONS 9700 .3 AND 9700.17 TO DEFINE COMMUNITY APARTMENTS , CONDOMINIUMS AND STOCK COOPERATIVES The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The Huntington Beach Ordinance Code is hereby amended by amending the titles of Articles 931 and 936, and Sec- tions 9310, 9310 .1 , 9360, 9360.1, 9700 .3 and 9700.17 to read as follows: ARTICLE 931 LOW-DENSITY PLANNED RESIDENTIAL DEVELOPMENT , CONDOMINIUMS , COM- MUNITY APARTMENTS , AND STOCK COOPERATIVES ARTICLE 936 MEDIUM/HIGH-DENSITY PLANNED RESIDENTIAL, CONDOMINIUM, COMMUNITY APARTMENT , OR STOCK COOPERATIVE DEVELOPMENTS 9310 . PURPOSE. The purpose of this article is to establish basic development standards for low-density planned residential development within certain residential districts of the city of Huntington Beach to encourage better land planning 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 re- duce noise transmission between structures , visual intrusion, and impact of the project from within as well as from adjacent property. Wherever the terms "planned residential development" and "PRD" appear in this article, they shall also mean and include the terms "condominiums ," "community apartments ," and "stock cooperatives . JG: ahb 3/28/80 1 . 9310.1 . APPLICATION OF ARTICLE . The provisions of this article shall apply only to real property for which an applica- tion has been filed with the city for approval of a low-density planned development which is less than eight (8) units per gross acre. Real property, upon which a planned development is proposed, shall have been zoned and shall be designated on the Land Use Element of the General Plan for residential use. This article shall apply to both new and existing developments . 9360. PURPOSE. The purpose of this article is to estab- lish basic development standards for medium/high-density planned residential developments within residential districts of the city of Huntington Beach to encourage better land planning 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 structures , 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 pro- tection is afforded the future owners of the developments , pro- visions shall be included in this article to guarantee restrictive covenants over open space areas and their maintenance and improve- ments , to run with the land for the benefit of the residents of the projects . Wherever the terms "planned residential development" and "PRD" appear in this article, they shall also mean and include the terms "condominiums ," "community apartments ," and "stock cooperatives ." 936o.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, shall have been zoned and designated on the Land Use Element of the General Plan for a residential use. This article shall apply to both new and existing developments . 9700.3 . Words beginning with the letter "C" shall have the following definitions: (a) Camp Car, Motor Home, Camper or Tent Trailer. A ve- 2. hicle with or without motive power, which is designed or used for temporary recreational human habitation . (b) Commission. The Planning Commission of this city. ( c) Cola shall mean a male horse up to the age of two ( 2) calendar years . (d) Commercial Horse Stable shall mean the entire parcel of land upon which equines are boarded, maintained, kept , housed, lodged, fed, trained, sold, bred, or where instruction is offered as a commercial activity. A commercial horse stable shall also mean any parcel on which five (5) or more equines are maintained. ( e) Corral shall mean an enclosure for holding one or more equines . (f) Commercial Recreation Use and/or Center shall mean rec- reation facilities operated as a business and open to the general public for a fee . (g) Commercial Vehicle . A commercial vehicle is any vehicle, motorized or nonmotorized, that is used or maintained for the transportation of persons for hire, compensation, or profit; or designed, used or maintained for the transportation of property. (h) Community apartment project shall mean a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon. ( i) Condominium shall mean an estate in real property con- sisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A con- dominium may include in addition a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either (a) an estate of inheritance or perpetual estate , (b) an estate for life, or ( c) an estate for years, such as a leasehold or a subleasehold . 9700.17. Words beginning with the letter "S" shall have the following definitions: (a) Service Station shall mean any retail business which offers for sale petroleum products , automobile accessories and replacement parts; and includes among its services automobile washing by hand, waxing and polishing. (b) Site shall mean the legally created parcel of land 3. bounded by property lines after dedication. ( c) Site Coverage shall mean the building area of the site measured from an imaginary, vertical projection of the surface area encompassed within the exterior walls or from the centerline of walls separating two buildings . All roofed, covered struc- tures including garages and parking structures , stairways , corridors , balcony projections , and covered patios shall be in- cluded. (d) Special Event shall mean a temporary use of property not exceeding an aggregate of twenty-one (21) calendar days a year, the purpose of which is to conduct a specialized, outdoor, short-term event such as , but not limited to, art shows , fund- raising events, amusement attractions and sporting events . (e) Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to the ground or attached to something having a fixed location on the ground . (f) Stall shall mean a compartment for one equine in a stable . (g) Stallion shall mean a male horse attaining the age of two (2) calendar years . (h) Stock Cooperative shall mean a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years , improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy. SECTION 2. 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. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of May 1980. 4 . Ma y r ATTEST: APPROVED AS TO FORM: V I City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: d City Administrator irector of Development Services 5. Ord. No. 2429 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-o£ficio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 21St day of April 19 80, and was again read to said City Council at a regular meeting thereof held on the 5th day of May 19 80 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Pattinson, Thomas, Finley, Bailey, MacAllister, Kelly, Mandic NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I, Alicia M. Wentworth CITY CLERK of the City of Huntington Beach and ex•officio Clerk of the City Council, do hereby certify that a synopsis of this ordinan-e has been published in the Huntington Beach 'ere:dent or, • 19 �d In a:cor'ar c -;lh )e Cry Charter of said City. ? City Clerk ................................ ...................................... Deputy city cierk