HomeMy WebLinkAboutOrdinance #2780 ORDINANCE NO. 2780
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
REPEALING SECTIONS 9152 THROUGH 9158 OF ARTICLE
915, AND 9352 THROUGH 9358 OF ARTICLE 935;
AMENDING SECTIONS 9150, 9350, 9700.2, 9700.411-
9700.15, 9700-17, AND 9700.21; AND ADDING NEW
ARTICLE 913 AND SECTIONS 9700.11 AND 9791.12. 7,
RELATING TO OLDTOWN AND TOWNLOT DISTRICTS, AND
RESIDENTIAL OFF-STREET PARKING
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1 . Sections 9152 through 9158 of Article 9151 and
sections 9352 through 9358 of Article 935 of the Huntington
Beach Ordinance Code are hereby repealed.-
SECTION 2. The Huntington Beach Ordinance Code is hereby
amended by amending sections 9150, 9350, 9700.2, 9700.4,
9700.15, 9700.17 and 9700.21 to read as follows:
9150 PURPOSE. The of this article is to establish
purpose
a specific plan consisting of residential development pro-
visions and requirements to guide the orderly development and
improvement of portions of an area identified as Oldtown. This
plan is established to guide the improvement of an area which,
by- its physical limitations relating to lot size and vehicular
access, should not be regulated by di rict standards appli-
cable city-wide, but shall be subject regulations contained
in Article 913 of this code.
9350 PURPOSE. The purpose of this article is to establish
a specific plan to guide the orderly development and improve-
ment of that area identified as Townlot Specific Plan - Area
One . This plan is established to guide the improvement of an
area which, by its physical limitations relating to lot size
and vehicular access, should not be regulated by district
standards applicable city-wide, but shall be subject to regula-
tions contained in Article 913 of this code. This specific
plan eliminates existing R21-, R3 and R4 zoning in Townlot
Specific Plan - Area One, and in lieu thereof provides a spe-
cific plan for optimum residential use.
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9700.2 Words beginning with the letter "B" shall have the
following definitions:
(a) Bedroom: Any room which meets the minimum require-
ments of the building code for a habitable room, which is con-
structed in such manner that less than 50 percent of one wall
is open to an adjacent room or hallway, and which can be
readily used for private sleeping purposes shall be counted as
a bedroom in order to determine the parking areas or other
requirements. Exceptions to this definition shall be those
rooms which regularly make up a standard dwelling unit such as
one kitchen; living, family or recreation and dining room; and
the customary sanitary facilities.
(b) Block. All the real property abutting one side of a
street between the end of said street of a city limit line and
the nearest cross street, or between two consecutive cross
streets .
(c) Building. A structure, having a roof supported by
columns or walls for the support housing, shelter and/or en-
closure of any person, animal, or chattel; and when any portion
thereof is separated from every other portion thereof by a
masonry wall without openings, extending from the ground to the
upper surface of the roof , then such portion may be deemed a
separate building.
(d) Building Height . The vertical distance from the
lowest elevation of the ground immediately adjacent to the
building to the highest point of the roof .
(e) Building-Site.- The ground area occupied by a building
or buildings together with all the yards and open spaces re-
quired by applicable provisions of Division 9.
(f ) Bungalow -court . A group of three or more detached or
semidetached one-family or two-family dwellings located upon a
single lot having a common court or yard and a separate en-
trance on the ground floor for each apartment or dwelling,
including dwelling groups and house courts but not automobile
courts:
9700.4 Words beginning with the letter "D" shall have the
following definitions:
(a) Director shall mean the Director of Development
Services or his duly authorized representative except where
specifically provided otherwise.
(b) District. Any area, or areas, similarly classified
2.
whether contiguous or not, and shown by specific and similar
j designations on the maps which are a part of Division 9.
(c) Dwelling. A building or portion thereof designed and
occupied exclusively for residential purposes including
single-unit and multiple-unit dwellings, but not including
hotels or boarding houses. An individual dwelling unit shall
contain only one kitchen and be designed for occupancy by one
family for living and sleeping purposes.
(d) Dwelling, Multiple Unit. A building or buildings
designed for and occupied by two or more families, all living
independently of each other and having separate kitchen and
toilet facilities for each family:
(e) Dwelling, Single-unit (Family) . A detached building
designed primarily for the use of a single family, no portion
of which is rented as a separate unit.
9700.15 Words beginning with the letter "0" shall have the
following definitions:
(a) Open or Public Land. Open or public land shall in-
clude parks dedicated or proposed to be dedicated for public
use, school sites, easements or rights-of-way for electrical
transmission lines, or areas set aside for public water uses or
flood control channels.
(b) Open Space shall mean any part of a lot or parcel
unobstructed from the ground upward, excepting architectural
features extending no more than thirty (30) inches from the
structure and excluding any area of the site devoted to
driveways and other parking areas.
(c) 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
property development.
(d) Open Space, Private shall mean belonging to, or
restricted to the use and enjoyment of the occupant of a par-
ticular unit.
(e) Overspeed Control. A mechanism used to limit the
speed of blade rotation to within the design limits of the wind
energy conversion system.
9700.17 Words beginning with the letter "S" shall have the
following definitions:
(a) Service Station shall mean any retail business which
3.
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
bounded by property lines after dedication.
(c) Site Coverage shall mean the building area of all
structures on a site as measured from all exterior building
surfaces, including any patio covers, and any balconies and
stairways with or without support posts. Architectural fea-
tures such as bay windows, eaves and fireplaces that do not
project more than thirty (30) inches, and decks that do not
exceed more than forty-two (42) inches in height are excluded.
(d) Repealed, Ordinance No. 2588, 5 January 1983.
(e) Stall shall mean a compartment for one equine in a
stable.
(f) Stallion shall mean a male horse attaining the age of
two ( 2) calendar years.
(g) 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, approved real
property, if all or substantially all of the shareholders of
such corporation received 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.
(h) 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.
9700.21 Words beginning with the letter "W" shall have the
following definitions:
(a) Waterfront Lot. Any lot or portion thereof abutting a
navigable waterway such as a bay, cove or channel.
(b) Wind Energy Conversion System. A machine (commonly
known as a wind turbine or windmill) that converts the kinetic
energy of the wind into a usable form of electrical energy.
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(c) Wet Bar. A fixed installation within a dwelling unit
providing cold and/or hot water to a single sink without a
garbage disposal at a location other than a kitchen or laun-
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dry. A wet bar area shall not include a stove, range, or simi-
lar appliance usually found in a kitchen, and if such wet bar
is located in a room or a portion of a room with a stove, hot
plate, range, oven, or other type kitchen facility, it shall
be deemed a separate kitchen.
SECTION 3. The Huntington Beach Ordinance Code is hereby
amended by adding thereto new Article 913, sections 9700.111
and 9791.12.7 to read as follows:
9130 GENERAL PROVISIONS. The specific standards con-
in t a e—Td in this article are to guide the development f
g
o the
Oldtown District (OT) , described as the Oldtown Specific Plan,
and Townlot District (TL) , described as the Townlot Specific
Plan - Area 1, two areas of the city which are characterized by
such physical limitations such as small lot sizes, narrow
frontages, and automobile access from rear alleys.
9130. 1 PERMITTED USES.
(a) Building Permit. Single-unit dwellings, multiple-
unit dwellings, and their customary accessory uses and struc-
tures, permanently located on a parcel shall be permitted sub-
ject to approval of a building permit. Tents, trailers, ve-
hicles, or temporary structures shall not be used for dwelling
purposes.
(b) Conditional Use Permit. The following uses may be
permitted subject to approval of a conditional use permit by
the Planning Commission:
( 1) Planned residential developments pursuant to
Article 931 or 936.
2 Unclassified
( ) U assified uses pursuant to Article 933.
9130.2 MINIMUM PARCEL SIZE/FRONTAGE. A licensed land
surveyor or civil engineer shall submit calculations showing
lot width, depth, and area for any new parcel in conformance
with the following:
(a) The minimum lot size shall be twenty-five hundred
( 2500) square feet. The minimum lot frontage shall be thirty
(30) feet.
(b) Any parcel of land created prior to June 5, 1974, the
effective date of Ordinance No. 1912, shall have a minimum lot
frontage of twenty-five (25 ) feet.
9130.3 MAXIMUM DENSITY/INTENSITY. (a) The lot size shall
determine the number of units permitted within each district
5.
classification as shown in the table below.
Lot Frontage Maximum Number
(Less than fifty feet) of Units
Oldtown District 1 1
Oldtown District 2 1
Townlot Section A 1
Townlot Section B 1
Lot Frontage Maximum Number
(Fifty feet or greater) of Units
Oldtown District 1 1/3000 square feet
Oldtown District 2 1/2000 square feet
Townlot Section A 1/2800 square feet
Townlot Section B 1/1900 square feet
Note: square feet of lot refers to net lot area.
(b) Maximum dwelling floor area per lot shall be subject
to a floor area ratio restriction of 1.0 square feet of
building area (excluding garage) for each one (1) square foot
of net lot area.
9130.4 MAXIMUM BUILDING HEIGHT. Maximum building height
shall be:
(a) Main dwellings: 30 feet.
(Except within 25 feet of
the front and rear property
line the maximum building
height shall be 22 feet. )
Detached accessory buildings: 15 feet.
9130. 5 MAXIMUM SITE COVERAGE. Maximum site coverage shall
be 50 percent. See Article 970, "Definitions, " for site cover-
age. )
9130. 6 SETBACK (FRONT YARD) . The minimum front yard setback
from the front property lines for all structures exceeding
forty-two (42) inches in height shall be as follows:
(a) Parcels within the Oldtown Specific Plan Area require
fifteen (15) feet.
(b) Parcels within the Townlot Specific Plan Area require
twelve (12) feet.
6.
Note: the front setback may be reduced to seven ( 7)
feet provided that the reduction shall be limited to
50 percent of the overall building width and that the
average setback for the structure be maintained at the
required minimum.
(c) Parcels with front entry garages or carports require
twenty-two (22) feet.
(d) Parcels with side entry garages or carports require ten
(10) feet.
(e) Multistory dwellings exceeding twenty-two (22) feet in
height require twenty-five ( 25) feet. In addition, any third
story shall provide a minimum offset of ten (10) feet from the
second floor facade.
9130. 7 SETBACK (SIDE YARD) . Side yard setbacks shall be as
follows:
Dwellings, garages Aggregate for both side yards
and accessory buildings: shall be 20 percent of lot width;
minimum 3 feet for interior side
yards; minimum 5 feet for exte-
rior side yards .
Eaves: Thirty (30) inches except eave
return may maintain setback
of 18 inches for a distance
of 12 feet measured from the
beginning of the eave return
at the front of the house.
Thirty (30) inches must be
maintained when eave is over
required windows.
Fireplaces: Thirty (30) inches.
Open, unroofed stair- Three (3 ) feet.
ways and balconies:
Exception for Zero Lot Line Interior Side Yards. A zero
interior side yard setback may be permitted provided that the
opposite side yard meets the 20 percent aggregate requirement
and subject to the following criteria:
(a) The lot adjacent to the zero setback side yard shall
either be held under the same ownership at the time of applica-
tion or a deed restriction or agreement shall be recorded
giving written consent of the adjacent property owner.
7.
(b) Separation between the structure and any structure on
an adjacent lot shall either be zero or a minimum of five (5)
feet.
(c) A maintenance easement, approved as to form by the
City Attorney, shall be recorded between the property owner and
the owner of the adjacent lot to which access is required in
order to maintain and repair a zero lot line structure. Such
easement shall be an irrevocable covenant running with the
land. No building permits shall be issued until such recorded
maintenance easement has been submitted.
9130.8 SETBACK (REAR YARD) . The minimum rear yard setback
from the rear property line shall be as follows:
(a) Main dwellings and accessory buildings require seven
and one-half ( 7.5) feet.
Note: Architectural features such as window details,
eaves, fireplaces, decks or balconies may project to
within five (5 ) feet of the property line.
(b) Parcels with rear entry garages or carports require
seven and one-half (7. 5) feet.
(c) Parcels with rear entry garages or carports and a
driveway pad area for parking require twenty-four (24) feet.
9130.9 OPEN SPACE. A minimum open space area of six
hundred (600) square feet per dwelling unit shall be provided
behind the front yard setback of each lot, allocated as follows:
(a) A minimum of two hundred twenty-five (225 ) square feet
shall be located on the ground in one area with minimum dimen-
sions of fifteen (15) feet.
NOTE: to provide for better design flexibility,
the minimum open space dimensions may be reduced
to ten (10) feet, provided open space area mini-
mums are retained, with the approval of the
director subject to the following criteria:
(1) The open space shall be usable for active and
passive use.
( 2) The dwelling shall comply with all other
provisions and standards of this code.
( 3) The reduction shall result in improved design and
utility of the dwelling unit.
8.
(b) The remaining open space requirement may be provided
in balconies or decks, above the ground floor with a minimum
dimension of six (6) feet.
(c) Areas used for access to the main entry and/or the
main walkway leading to said entry shall not be counted as part
of the required open space.
9130.10 FENCES, WALLS AND HEDGES. Fences, walls and
hedges may be located as follows:
(a) 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.
(b) Reverse Corner Lot: fences, walls or hedges not ex-
ceeding six (6) feet in height may be erected in the exterior
side yard of a reverse corner lot if a ten (10) foot triangular
corner cutoff, measured along the rear and exterior side lot
lines, is provided at the rear exterior corner.
(c) Corner Site Abutting an Alley: within a triangular
area, formed by measuring ten 10 feet along an alley and ex-
terior side site lines, there shall be no structure, fence,
wall, hedge, or landscaping erected or maintained over
forty-two (42) inches high.
9130.11 PARKING. Parking shall comply with the standards
outlined in Article 979.
9130.12 LANDSCAPING. Landscaping shall be provided for
all developments as follows:
(a) Front and side yard setback areas which are visible
from any street shall be landscaped.
(b) One twenty-four (24) inch box tree per twenty-five
(25) feet of site frontage shall be planted within the front
setback area. In the alternative, three fifteen ( 15) gallon
trees may be substituted for one larger tree.
(c) Twenty (20) inch box trees shall be planted in the
parkway area. The requirements as to number, placement and
species shall be subject to adopted standard plans.
(d) All landscaping shall have a permanent irrigation sys-
tem and shall be perpetually maintained. Landscaping plans
shall be submitted for approval prior to the issuance of any
building permit.
9.
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9130. 13 MISCELLANEOUS REQUIREMENTS.
(a) Trash Enclosures. Trash enclosures shall be provided
for all developments other than single-unit dwellings. Such
enclosures shall be located in a side or rear yard, shall ade-
quately screen refuse, and shall be constructed of compatible
materials to blend with the architecture of the main building.
(b) Accessory Buildings. Accessory buildings may be lo-
cated on a lot with a permitted main building. The total floor
area of all accessory buildings shall not exceed four hundred
fifty (450) square feet per dwelling unit.
(c) Building Separation. The minimum distance between
accessory buildings and any other building on the same lot
shall be ten (10 ) feet. Stairways and balconies shall be no
closer than five (5) feet to any portion of a structure on the
same or an adjacent lot. Balconies which face each other shall
be designed to afford residents a maximum amount of privacy.
(d) Garages with Upper Story Living Areas. Living areas
over attached garages may be permitted if there is an open cor-
ridor with a minimum width of seven (7 ) feet between the garage
and a portion of the main dwelling to create an integrated de-
sign and flow between the two living areas.
(e) Single-unit Dwelling Design Standards.
(1) No dwelling shall have more than one kitchen or
cooking area.
(2 ) One central heating system shall service the
entire structure.
(3 ) No more than one mailbox, and one meter for each
utility shall be permitted.
(4) The Director of Development Services shall
require that the owner/developer of the property provide to
the Development Services Director prior to final inspection
a notarized declaration stating that the building was
constructed pursuant to approved plans and shall be limited
for use as a single unit building. Furthermore, any
subsequent purchaser from owner/builder shall also be
provided with a copy of said declaration.
9700. 11 Words beginning with the letter "K" shall have the
following definition:
Kitchen shall mean any room or portion thereof containing
facilities designed or used for the preparation of food in-
cluding a sink and stove, oven, range and/or hot plate.
Kitchen shall not include a wet bar.
10.
9791.12. 7 RESIDENTIAL.
Use Minimum Requirement
(a) Single-unit dwellings Two (2) fully-enclosed spaces
(b) All other dwelling One (1) space for bachelor/one
units except as listed bedroom units
below One and a half (1.5) spaces
for two bedroom units
Two (2) spaces for three or
more bedrooms
One-half ( .5 ) guest space per
unit. One space per unit
j must be enclosed.
(c) Single-unit dwellings Two (2) spaces for dwelling
in the Oldtown and units with up to three bed-
Townlot districts rooms, and one space for each
additional bedroom.
Two (2) spaces per unit must
be enclosed in a garage, and
remainder may be open, unen-
closed, and designed in tan-
dem with the garage space
(d) Low-density planned Three (3) spaces for
residential developments bachelor/one bedroom units
pursuant to Article 931 Three and a quarter (3.25)
spaces for two (2) or more
bedrooms
Two (2) spaces per unit must
be enclosed in a garage
(e) Medium-high density One and a half (1.5 ) spaces
planned residential devel- for bachelor/one bedroom
ments pursuant to Two (2) spaces for two (2) or
Article 936 more bedrooms
One half ( .5) guest space
per unit
One (1) space per unit must
be covered
( f) Senior residential Six-tenths (0.6) space per
developments pursuant to unit (rental)
Article 932.5 One and 15 hundreths (1.15 )
space per unit (ownership)
(g) Design. Residential parking shall comply with the
following requirements as well as any additional provisions
contained in the regulations of the individual district:
11.
(1) Turning radius. The minimum turning radius for
any garage, carport or open parking space, entered directly
from an alley or drive shall be twenty-five (25) feet as
measured to the opposite side of the alley or drive.
(2) Driveway width. All private driveway or driveway
easements shall meet the following standards:
LENGTH REQUIREMENT
Less than 100 feet Ten (10) feet clear width
One hundred (100) feet to Twenty (20) feet clear width
150 feet
One hundred fifty feet Cul-de-sac or hammerhead
(150) feet or more turnaround located at
terminus, forty (40) foot
minimum width.
(3) Access. When a lot abuts an arterial highway and
a local street, access to on-site parking shall be from the
local street. When a lot abuts an alley, access shall be
from the alley unless a different access is approved by the
Planning Commission. When a lot abuts two arterial high-
ways, access shall be subject to the approval of the
Director of Public Works.
SECTION 3. If any section, subsection, sentence, clause,
phrase or portion 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 this ordinance. 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 portions thereof, and amendments
thereto, irrespective of the fact that any one or more sec-
tions, subsections, sentences, clauses, phrases or portions, or
amendments 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
12.
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after its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of August , 1985.
Mayor
ATTEST: APPROVED AS TO FORM:
GAIL HUTTON, City Attorney
By
City Clerk Deputy City A orney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administr or erector of evelopment
Services
RCS:ahb
3337/0605L
3/11/85; 4/11/85; 4/17/85
4/18/85; 5/10/85; 6/10/85; 6/19/85
7/16/85
13.
..s.
Ord. No. 2780
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
Adjourned meeting thereof held on the 6th day of August
19 85 , and was again read to said City Council at a regular
meeting thereof held on the 19th day of August 19 85 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Kelly, MacAllister, Bailey, Finely, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
None
NOT VOTING: Councilmen: Mandic j4at?��
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
F
*m M C1TY CLERK of the City of
ach and ex-ofrwJo Clerk df the City
reby certify that a synopsis Of tills
teen pubtisf►ed bt the tiurnington
dent on
.. ta pp
S
iti acaorc"j-." with the City Curter of said City.
AUCIA M. WENTWORTH
....................................._........I...."....-.1..............
. City Clerk
.. .... ...Deputy City Cierk