HomeMy WebLinkAboutOrdinance #2837 f �
ORDINANCE NO. 2837
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE
HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLES 910, 977
AND SECTION 9730.46, AMENDING CHAPTER 91 TITLE, AND ADDING
THERETO NEW ARTICLE 911 ENTITLED "Rl--LOW DENSITY RESIDENTIAL
DISTRICT" AND NEW ARTICLE 977 ENTITLED "YARDS AND FENCING"
The City Council of the City of Huntington Beach does ordain
as follows:
SECTION 1. The title of Chapter 91 of the Huntington Beach ,
Ordinance Code is hereby changed to "RESIDENTIAL DISTRICTS. "
SECTION 2. Articles 910, 977, and section 9730.46 of the
Huntington Beach Ordinance Code are hereby repealed.
SECTION 3. The Huntington Beach Ordinance Code is hereby
amended by adding thereto new Articles 911 and 977 to read as
follows:
9110 GENERAL PROVISIONS. The Low-Density Residential
District (Rl) is intended to be the most restrictive residential
zone in terms of population density and in the requirements for
light, air, ventilation, and open space for each individual lot .
9110. 1 PERMITTED USES. The following section lists
permitted uses and the approval process for each one.
(a) Building Permit. Single family dwellings and accessory
buildings which are permanently located on a parcel shall be
subject to the issuance of a building permit. Tents, trailers,
vehicles, or temporary structures shall not be used for dwelling
purposes.
(b) Plan Review. Zero side or rear yard setbacks shall be
subject to plan review approval by the Director pursuant to
section 9110.8(a) .
(c) Conditional Use Permit. The following uses may be
permitted subject to the approval of a conditional use permit by
the Planning Commission:
(1) Planned residential developments pursuant to
Article 515.
1.
(2) Building heights between twenty-five and thirty
feet, and/or third stories pursuant to section
9110.4(a) .
( 3) Unclassified uses pursuant to Article 963.
(4) Second unit additions pursuant to section 9110.3 .
9110.2 MINIMUM PARCEL SIZE/FRONTAGE. A licensed land
surveyor or civil engineer shall submit calculations showing lot
width, depth, and area for any new parcel.
(a) The minimum lot size shall be six thousand (6,000)
square feet.
(b) The minimum lot frontage shall be sixty (60) feet;
however, the minimum required for cul-de-sac and knuckle lots
shall be forty-five (45) feet. Lot frontage shall be calculated
as outlined in the Definitions section.
(c) Exception for averaging. The minimum lot size may be
reduced to five thousand 5, 000 square feet and/or the minimum
lot frontage may be reduced to fifty (50) feet if the lot is part
of up to six (6) contiguous lots under the same ownership at the
time of subdivision which, when averaged, meet the minimum lot
size and frontage requirements. Provided further that none of the
lots in the group shall be used to compute the average for any
other group of lots.
(d) Exceptions for Lots Created Prior to Code.
( 1) An individual lot which does not conform to the
minimum lot area or frontage requirement shall be
considered a legal building site if it was legally
created prior to the effective date of Ordinance
495 (June 5, 1946) , and which since that date has
not been held in common ownership with any other
lot with which it could have been merged.
(2) A parcel of land under one ownership consisting of
two (2) or more lots with less than five thousand
(5, 000) square feet each, if legally created prior
to the effective date of Ordinance 495 (June 5,
1946) , shall be considered a legal building site
if the total square footage of the lots is a
minimum of five thousand (5,000) square feet and
the parcel abuts a dedicated street or vehicular
easement .
9110. 3 MAXIMUM DENSITY/INTENSITY. The maximum density
shall not exceed one dwelling unit per lot.
Exception: A second unit may be added to an existing single
family residence upon approval of a conditional use permit subject
to the following standards:
2 .
(a) The applicant shall be an owner occupant.
(b) The minimum lot size shall be six thousand (6,000)
square feet.
(c) The second unit shall be attached to the main dwelling
in such a manner as to create an architecturally unified whole,
not resulting in any change to the visible character of the
street. The entrance to the second unit shall not be visible from
the street in front of the residence.
(d) The maximum square footage of the second unit shall be
six hundred fifty (650) square feet nor shall it exceed one ( 1)
bedroom.
(e) The second unit shall not be sold separately from the
main dwelling.
( f) Four (4) total on-site parking spaces (nine (9) feet by
nineteen ( 19) feet in size) shall be provided, two (2) of which
may be unenclosed, uncovered and arranged in tandem with the
existing spaces. Unenclosed spaces shall be located on the
driveway apron or on a paved area between the driveway and the
nearest side property line. Recreational vehicle storage shall
not be permitted within any required parking space.
(g) The second unit shall comply with all applicable land
use regulations of the Huntington Beach Ordinance Code except as
specified herein.
(h) The park and recreation fee shall be assessed at
twenty-five (25%) percent of the fee for a single family residence
as set by resolution of the City Council.
( i) No separate utility meters shall be permitted for the
second unit.
( j ) The following safety and conservation measures for the
new unit shall be implemented:
( 1) Insulation of accessible attic areas to R-19.
(2) Weatherstripping of doors and windows.
(3) Installation of low flow showerheads and faucets
certified by the California Energy Commission.
(4) Installation of approved smoke detectors.
9110.4 MAXIMUM BUILDING HEIGHT. Maximum building height
shall be as follows:
Main dwelling: 25 ft. and maximum two stories
Accessory building: 15 ft.
3 .
(a) Exception by Conditional Use Permit. A maximum
building height of thirty (30) feet and/or three stories may be
permitted subject to the approval of a conditional use permit.
The Planning Commission shall consider the following guidelines in
its decision on such a request:
( 1) The proposed building shall not have a detrimental
effect on the general health, safety, welfare or
privacy of surrounding residents, or on
surrounding property values.
(2) The location, site plan and building design shall
be harmonious and compatible with the streets,
driveways, property lines, and surrounding
neighborhood.
(3) The age and anticipated permanence of buildings on
adjacent properties shall be considered.
(4) The Commission shall consider any other criteria
it deems necessary to preserve the health, safety,
welfare and convenience of the neighborhood.
9110.5 MAXIMUM SITE COVERAGE. Maximum site coverage
shall Fe (50s) percent. Site coverage shall be as outlined
in the Definitions section.
Exception: The maximum site coverage shall be fifty-five
(55%) percent for all lots abutting a park, recreation area,
school, public waterway, or flood control or public utility
right-of-way which is a minimum of one hundred (100) feet in clear
width.
9110.6 SETBACK (FRONT YARD) . The minimum setback from
the front property lines for all structures exceeding forty-two
(42) inches in height shall be as follows:
Dwelling: Fifteen (15 ) feet .
Front entry garage Twenty-two (22 ) feet.
or carport:
Side entry garage: Ten (10) feet.
Eaves; fireplaces; open, Eleven (11) feet .
unroofed, stairways and
balconies:
Accessory Buildings: Fifty (50) feet or located
within rear one-half of lot.
Detached garages may be
located in front one-half of a
lot which does not exceed 150
feet in length.
4.
9110.7 SETBACK (SIDE YARD) . The minimum setback from the
side property lines shall be as follows:
(a) Interior Side Yard
Dwelling, garages Ten percent (10%) of lot
accessory buildings: width, minimum of 3 feet, need
not exceed 5 feet.
Eaves: Refer to Uniform Building Code
(UBC)
Fireplaces: Thirty (30) inches
Open, unroofed stair- Three (3 ) feet.
ways and balconies:
Exception for zero Refer to 9110.8(a)
lot line:
(b) Exterior Side Yard
Dwelling and accessory Twenty percent (20%) of lot
buildings: width, minimum of 6 feet, need
not exceed 10 feet.
Front entry garage Twenty-two (22) feet .
or carport:
Eaves: Refer to Uniform Building Code
(UBC)
Fireplaces: Thirty (30) inches.
Open, unroofed stair-
ways and balconies: Three (3) feet.
5.
9110.8 SETBACK (REAR YARD) . The minimum setback from the
rear property lines shall be as follows:
Dwelling and open Ten (10) feet, except may be
unroofed stairways: reduced to 5 feet ( including
eaves) if rear yard abuts a
park, recreation area, school,
public waterway, or flood
control or public utility
right-of-way which is a
minimum of 100 feet in clear
width.
Garage, carport or Five (5) feet if entered
open parking space: directly from alley. Minimum
turning radius shall be
provided pursuant to Article
960.
Accessory Buildings: Five (5) feet (including
eaves) , except no setback
required if abutting an alley.
Eaves, Fireplaces: Six (6) feet.
Open, unroofed bal- Ten (10) feet, except may be
conies: reduced to 5 feet if rear yard
abuts a public waterway.
Unenclosed Patio Five (5) feet (including
Covers: eaves) if walls composed of
insect screening only, except
no setback required if rear
yard abuts a public waterway.
Projecting Decks on Refer to Section 9110.11(d) .
water front lots:
(a) Exception for Zero Lot Line. A plan review application
may be approved by the Director to permit either a zero side yard
setback or a zero rear yard setback (Only one zero setback per lot
shall be permitted. ) The Director shall consider the overall site
plan, building materials, and the finish of the wall constructed
on the zero setback property line in reviewing such requests, as
well as the following requirements:
( 1) The lot adjacent to the zero setback side or rear
yard shall be held under the same ownership at the
time of application and the setback for the
adjacent lot shall be either zero or a minimum of
ten (10) feet.
6.
(2) No portion of the dwelling or any architectural
features shall project over the property line.
( 3) The zero setback shall not be adjacent to a public
or private right-of-way.
(4) Exposure protection between structures shall be
provided as specified by the Fire Department and
Building Division.
( 5) The wall located at the zero setback property line
shall be constructed of maintenance-free, solid
decorative masonry for the first floor of the
dwelling and of maintenance-free, decorative
masonry or masonry veneer with a minimum thickness
of two (2) inches for the second story.
Decorative construction need not be used on that
portion of the wall obscured from view of the
adjacent lot by another structure or wall. For a
zero side yard setback, the wall shall intersect
the rear property line. For a zero rear yard
setback, it shall intersect the side property
lines.
(6) For parcels designed with one zero side yard
setback, the opposite side yard shall be ten (10)
feet wide and shall be perpetually maintained free
and clear of obstructions other than those
specified below: Eave encroachment of three (3)
feet, swimming pools, normal landscaping,
removable patio covers which maintain a minimum
setback of five (5) feet from the side property
line and/or garden walls and fences which cross
said setback provided they are equipped with a
gate and are equal in height to the first floor
double plate, but not exceeding nine (9) feet.
9110.9 OPEN SPACE. Open space shall be required in
accordance with the following provisions except that lots with a
minimum forty (40) feet of water frontage shall be exempt from any
open space requirement. Open space shall be as outlined in the
Definitions section.
(a) Lots created after March 1969. Any lot recorded after
the effective date of Ordinance 1469 March 19, 1969) , shall
provide behind the front yard setback a minimum open space area of
twelve hundred ( 1,200) square feet with no dimension less than
twenty-five (25) feet.
Required open space may be allocated in conformance with one of
the following alternatives when a building, structure or fence
over forty two (42) inches in height provides a physical
separation between the front yard setback and the remainder of the
lot:
7.
(1) One area of nine hundred (900) square feet, with
no dimension less than twenty-five (25) feet; and
an additional three hundred (300) square feet in
up to two areas with no dimension less than
fifteen (15) feet.
(2) Two areas of six hundred twenty-five (625) square
feet, with no dimension less than twenty-five (25)
feet.
(b) Lots created before March 1969. Any lot recorded after
the effective date of Ordinance 495 June 5, 1946) , and prior to
the effective date of Ordinance 1469 (March 19, 1969) , shall
provide within the rear two-thirds of the lot a minimum open space
area of nine hundred (900) square feet, with no dimension less
than twenty (20) feet. Required open space may be divided into
two areas of four hundred fifty (450) square feet; minimum
dimensions remain the same.
(c) Lots created before June 1946. Any lot recorded prior
to the effective date of Ordinance 495 June 5, 1946) , shall
provide within the rear two thirds of the lot a minimum open space
area of ninety (90) square feet for each five (5) feet of lot
frontage, not to exceed nine hundred (900) square feet. The
required open space may be divided into two areas with no
dimension and less than fifteen (15) feet, plus one (1) foot for
each five (5) feet of lot frontage over twenty five (25) feet, not
to exceed twenty (20) feet.
9110.10 PARKING. Parking shall comply with the standards
outlined in Article 960. The parking of motor vehicles, trailers,
campers and boats shall be prohibited on all landscaped areas
within the front one-half of the lot.
(a) Oversized vehicles may be parked on private property in
all yard areas except in the required front yard setback and in
any exterior side yard setback.
(b) Semi-trailers, trailers or campers may be parked on the
driveway apron or on a paved area between the driveway and the
nearest side property line provided that they do not project over
any property line and that the area is kept free of trash, debris
and parts.
(c) Commercial oversized vehicles or special purpose
machines shall be prohibited in any yard area.
9110. 11 MISCELLANEOUS REQUIREMENTS.
(a) Accessory Buildings. Accessory buildings may be
permitted on a lot with a permitted main building. The minimum
distance between an accessory building and any other building on
the same lot shall be ten ( 10) feet. Setback requirements are as
specified in this article.
8.
(b) Architectural Features. Architectural features,
including eaves, fireplaces, and open unroofed stairways and
balconies shall maintain a minimum distance of five (5) feet from
any portion of any other building on the same lot. Setback
requirements are as specified in this article.
(c) Fencing. Fencing shall comply with the standards
outlined in this code.
waterfront lots may project
d Projecting Decks. Decks on o
( ) J 9 Y P J
five (5) feet beyond the bulkhead or bulkhead line extended
provided that side yard setbacks as required for the main dwelling
are maintained, and subject to the following requirements and
Chapter 17.24 of the Huntington Beach Ordinance Code.
(1) Covers and Windscreens. Covers for projecting
decks and windscreens may be permitted if
constructed of light weight materials such as
plastic, canvas, fiberglass, tempered glass or
metal, except for necessary bracing and framing.
The maximum height for windscreens shall be nine
(9) feet above the finished surface of the deck at
the bulkhead line, but not exceeding the height of
the second story finished floor. A minimum eighty
percent (80%) of one side of such windscreen shall
be open.
(2) Removal. Decks and windscreens projecting over
city property which do not comply with the above
provisions may be removed by the city upon thirty
(30) days written notice. Such projections are
declared to be a privilege which can be revoked
for non-compliance and not a vested right.
(e) Minimum Dwelling Size.
(1) The minimum residential floor area shall be one
thousand (1, 000) square feet.
(2) The minimum width of a residential structure shall
be twenty (20) feet. The Director may approve a
reduction in this requirement for a portion of or
addition to the main dwelling.
9770 General Provisions. No portion of a required yard area
provided for a structure on a lot shall be considered as part of
the yard area for any other structure on the same or an adjacent
lot. In all districts, minimum setback lines shall be measured
from the ultimate right-of-way line. Diagrams A and B are hereby
adopted to illustrate the provisions of this article. Where any
discrepancy occurs between the diagrams and the printed text, the
text shall prevail. Yards and fencing shall comply with the
following criteria in all districts or as specified:
9.
i
(a) Fences, walls or hedges a maximum of forty-two (42)
inches in height may be located in any portion of a
lot, including the required front yard.
(b) Fences, walls, or hedges a maximum of six (6) feet in
height may be located on the property line in required
side and rear yards, except as further excluded in this
article. Fences, walls or hedges exceeding six (6)
feet in height shall observe the same yard requirements
as the main structure except as provided for herein or
in the regulations of the district in which they are
located.
(c) On reverse corner lots and corner lots abutting an
alley, no fence, wall or hedge greater than forty-two
(42 ) inches in height may be located within the
triangular area formed by measuring ten (10) feet from
the intersection of the rear and exterior side property
dines.
(d) If vehicular access to a lot is obtained from an alley,
the triangular area formed by measuring seven and
one-half (7.5) feet from the intersection of the alley
and driveway shall be limited to fences, walls or
hedges no greater than forty-two inches in height.
b
(e) On corner lots, no fence, wall, landscaping, berming,
sign, or other visual obstruction between forty-two
(42) inches and seven (7) feet in height as measured
from the adjacent curb elevation may be located within
the triangular area formed by measuring twenty-five
(25) feet from the intersection of the front and
exterior side property lines or their prolongation.
Trees trimmed free of branches and foliage so as to
maintain visual clearance below seven (7) feet shall be
permitted.
( f) In the R1 District; garden or wing walls or fences
equal in height to the first floor double plate, but
not exceeding nine (9) feet, which are perpendicular to
and entirely within a side yard may be constructed to
the interior side property line and to within five (5)
feet of the exterior side property line provided they
are equipped with a three (3) foot gate or accessway.
(g) When residential property abuts open or public land, or
property zoned or used for office, commercial or
industrial uses, a six (6) foot high solid six (6) inch
concrete block or masonry wall shall be required. If a
wall meeting these standards already exists on the
abutting residential property, protection from vehicle
damage shall be provided by a method approved by the
Director . The maximum fence height shall be eight (8)
feet at the common property line, subject to the same
design standards and setback requirements as specified
for six (6) foot high fences.
10.
(h) In order to allow variations in the street scene in Rl,
R2, R3, and R4 districts; fences, walls or hedges
exceeding forty-two (42) inches in height may be
permitted at a reduced front setback of six (6) feet
subject to plan review approval by the Director in
conformance with the following criteria:
( 1) The reduced setback shall be only permitted for
five (5) or more contiguous lots under the same
ownership and only at the time of initial
construction of the dwellings.
(2) Such walls shall conform to all other provisions
of this article, including site angle
requirements, and shall not encroach into the
triangular area formed by measuring seven and
one-half (7 .5) feet along the driveway and ten
( 10) feet along the front property line at their
point of intersection.
( i) The height of a fence may be measured from either side
of the fence. No portion of a retaining wall needs to be included
in determining overall height restrictions. Retaining wall and
fence combinations over eight (8) feet in height shall be
constructed with a variation in design or materials to show the
distinction. Retaining wall and fence combinations over six (6)
feet in height shall be designed without decorative block or cap
block, except if equal in strength to the main portion of the
fence.
DIAGRAM A
t.A �'``�.�/N
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t • '
'
11.
REVERSE CORNER LOT
CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY
- _
45° 450 N 450 a
. .....
1
:i
:.:'.:.1':......'.
......... . ..
. . .'::.'. . ......... - O
O :.....
k10A d
BACK ON
CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL
THE HEIGHT OF A FENCE MAY BE MEASURED FROM
a 450 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 HEIGHT REQUIREMENTS.
A 42 INCH HIGH FENCE MAY BE CONSTRUCTED ON
ANY PORTION OF THE LOT.
:: INDICATES THAT PORT
ION ON 0F THE LOT IN
�i:":::;;:':: i :i::: ::;'. :::Z?:::::: .'•i WHICH A 6' HIGH FENCE MAY BE CONSTRUCTED.
.................................................
....................................................
SECTION 4. 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 sections,
subsections, sentences, clauses, phrases or portions, or
amendments was declared invalid or unconstitutional.
SECTION 5 . Neither the adoption of this ordinance nor the
repeal of any ordinance shall in any manner affect the prosecution
for violation of ordinances which violations were committed prior
to the effective date hereof, nor be construed as affecting any of
the provisions of such ordinance relating to the collection of any
license or penalty of the penal provisions applicable to any
violation thereof, nor to affect the validity of any bond or cash
I deposit in lieu thereof, required to be posted, filed or deposited
pursuant to any ordinance and all rights and obligations
thereunder appertaining shall continue in full force and effect.
SECTION 6. This ordinance shall take effect thirty days
after its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 16th
day of June 1986.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk i y Att �/ /
REVIEWE APP OV D: INITIATED AND APPROV
ity Admi ist or irector of De elopment
Services
Ord. No. 2837
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 21st day of April
19 86 and was again read to said City Council at a regular
meeting thereof held on the 16th day of June 19 86 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Finley, Mandic, Bailey, Green, Thomas
NOES: Councilmen:
Kelly, MacAllister
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•off cio Clerk of the City
Councit, do hereby cartity that a synopsis of this
ard;r:anpe has been publlstWd in the Huntington
,Icach independent on
ir, accew:.wu .z. ti,u C:if Cha,tar of Said City.
lR.7CIK.M, WV"Q.R. N .........
City Cierk
» deputy City Clerk