HomeMy WebLinkAboutOrdinance #2838 ORDINANCE NO. 2838
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING ARTICLES 916, 920, 923, and 932
AND ADDING THERETO NEW ARTICLE 912 ENTITLED "MEDIUM
DENSITY RESIDENTIAL (R2) , MEDIUM-HIGH DENSITY
RESIDENTIAL (R3 ) , AND HIGH DENSITY RESIDENTIAL
(R4)
The City Council of the City of Huntington Beach does ordain
as follows:
SECTION 1. Articles 916, 920, 923, and 932 of the City of
Huntington Beach Ordinance Code are hereby repealed.
SECTION 2. The Huntington Beach Ordinance Code is hereby
amended by adding thereto new Article 912 entitled, "Medium
Density Residential (R2) , Medium-High Density Residential (R3 ) ,
and High Density Residential (R4) "
9120 GENERAL PROVISIONS. The R2, R3, and R4 Districts
are intended to provide for multi--family residential developments
at medium to higher densities while still preserving the maximum
amount of light, air, ventilation, and open space for the
residents in such developments.
9120.1 PERMITTED USES.
(a) Building Permit. Single family and multi-family
dwellings, and customary accessory uses and structures permanently
located on a parcel shall be permitted 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) Use Permit. The following uses may be permitted subject
to the approval of a use permit application by the Board of Zoning
Adjustments.
(1) Projects which abut arterial highways.
1.
(2) Any project which includes a multi-family dwelling
located more than one hundred fifty ( 150) feet from
a public street .
( 3) Use permit approval is required when the total
number of units in a project exceeds four units in
the R2 district, eight units in the R3 district and
fourteen units in the R4 district. Such larger
projects shall be developed according to those
provisions contained herein that specifically
address "apartment complex developments. "
(d) 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.
(2) Unclassified uses pursuant to Article 963 .
9120.2 MINIMUM PARCEL SIZE/FRONTAGE. A licensed land
surveyor or civil engineer shall submit calculations showing lot
width, depth, and area for any new parcel. Frontage shall be
calculated as outlined in the Definitions section.
Type Minimum Lot Size Minimum Lot Width
Interior Lots 6, 000 square feet. 60 feet
Corner Lots 6, 500 square feet 65 feet
Cul-de-sac and
knuckle lots 45 feet
(a) Exceptions for Lots Created Prior to Code.
( 1) An individual lot which does not conform to the
minimum lot area 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 and which were 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.
�I
2 .
( 3 ) A legally created lot approved by the city with a
lot size 5,000 square feet or greater and a minimum
lot frontage of 50 feet shall be considered a legal
building site.
9120. 3 MAXIMUM DENSITY/INTENSITY. The maximum density
shall not exceed the following standards for each zoning
district . The maximum density for small complexes is indicated,
as well as that for apartment complex developments as defined in
Section 9120. 1( c) ( 3 ) .
Lot Area Required per Unit
Zone Small complex Apt. complex
(net square feet) (gross square feet)
R2 2,000 3,000
R3 11250 1, 750
R4 11000 1, 250
9120 . 4 MAXIMUM BUILDING HEIGHT. Maximum building height
shall be :
Dwellings: 30 feet
Accessory Buildings : 15 feet
(a) Exception 1: For apartment complex developments.
Maximum building height for dwellings shall be thirty 35 feet
subject to setback requirements contained herein, or
(b) Exception 2 : For increased setbacks . A maximum
building height of thirty ( 35 ) feet may be permitted for main
buildings provided the exterior wall of the building is setback a
minimum of one hundred (100 ) feet from the lot line of any R1
zoned property, except this requirement may be reduced to
eighty-five ( 85) feet if the building site is separated from such
property by ( 1) a school, ( 2) golf course, or ( 3) a street,
utility, or flood control public right-of-way which is a minimum
of sixty ( 60 ) feet in clear width . The minimum interior side yard
setback shall be ten ( 10 ) feet.
9120. 5 MAXIMUM SITE COVERAGE. Maximum site coverage shall
be fifty ( 50 ) percent. Where a lot abuts 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, site coverage may be increased to fifty-five ( 55) percent.
Site coverage shall be as outlined in the Definitions section.
3 .
9120.6 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: R2: Fifteen (15) feet.
R3 and R4: Ten (10) feet.
Exception: Apartment complex
developments shall have an
average of 20 feet, minimum of
15 feet at any point ( includes
balconies, stairways, etc. ) .
Front entry garage Twenty-two (22) feet
or carport:
Side entry garage: Ten (10) feet
Eaves; fireplaces;
open, unroofed, stair-
ways and balconies: R2: Eleven (11) feet
R3, R4: Six (6) feet
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.
9120.7 SETBACK (SIDE YARD) . The minimum setback from the
side property lines shall be as follows:
(a) Interior Side Yard
Dwelling, garages and Ten percent (10%) of lot width
accessory buildings: minimum of 3 feet, need not
exceed 5 feet.
Eaves: Refer to Uniform Building Code
(UBC)
Fireplaces: Thirty (30) inches
Open, unroofed stair-
ways and balconies: Three (3) feet.
Exception for zero
lot line: Refer to Section 9110.8(a)
4.
Exception for apartment
complex developments :
-Main buildings less 10 ft. minimum, plus 1
than 30 feet in foot for each 2 .5 ft. of
height: building length over 25 ft.
that is parallel to any
adjacent R1 zoned property.
-Main buildings 10 ft . , except minimum setback
exceeding 30 feet in to the property line of any
height: Rl zoned property shall be 100
feet. If main building is
separated from such property by
a garage or carport structure,
requirement may be reduced to
85 feet.
-Garages and carports: No setback from interior
property lines provided they
are constructed of a
maintenance-free, solid masonry
material . No portion of the
structure or any architectural
feature shall project over any
property line .
(b) Exterior Side Yard
Dwelling and accessory Twenty percent ( 20% ) of the lot
buildings : width, minimum of 6 feet, need
not exceed 10 feet. Exception:
Apartment complex developments
shall have an average of 20
feet, minimum of 15 feet at any
point ( includes balconies,
stairways, etc. ) .
Front entry garage
or carport: Twenty-two ( 22 ) feet.
Eaves : Refer to Uniform Building Code
(UBC)
Fireplaces : Thirty ( 30 ) inches
5.
Open, unroofed stair- Three (3) feet.
ways and balconies:
9120.8 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 provided
minimum turning radius is
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 eaves)
Covers: if walls composed of insect
screening only, except no
setback required if rear yard
abuts a public waterway.
Exception for zero Refer to Section 9110.8(a) .
lot line:
Exception for Refer to Section 9120.7(a)
apartment complex
developments:
9120.9 OPEN SPACE. The minimum square footage of open
space area shall be 25 percent of the residential gross floor
area. A portion of this requirement shall be private recreation
area in that each ground floor unit shall have a patio area and
each unit above the ground floor shall have a balcony with minimum
sizes as stated below. (Ground floor patios may be counted
towards the 25 percent requirement, but not balconies. )
6.
Private Recreation Space
Minimum Square Feet Minimum Dimension
Patio Seventy Seven
Balcony Sixty Six
The remaining areas shall be common open space, arranged to offer
maximum enjoyment to all residents as well as provide visual
appeal and building separation. The minimum dimension of any
common recreation area shall be twenty (20) feet for apartment
complex developments. Enclosed recreation or leisure areas may
encompass no more than fifteen percent (15%) of the total
requirement. Common recreation areas shall not be located within
ten (10) feet of any ground floor wall containing a door or window
opening, nor within five (5) feet of any other wall.
9120.10 PARKING. Parking and circulation design shall
comply with the standards outlined in Article 960 and/or any
adopted city standards, as well as the following requirements:
(a) Garages and Carports. Each unit shall have an assigned,
covered parking space within a walking distance of two hundred
(200) feet. Covered parking shall be integrated into the
development design and shall be screened by a combination of walls
and landscaping a minimum of forty-two (42) inches in height.
Each carport space shall contain one hundred (100) cubic feet of
enclosed storage space.
(b) Parking Prohibited. The parking of trailers, campers
and boats or machinery shall be prohibited in any required parking
space and in the front of any dwelling.
(c) Driveway Air Space. The air space above all driveways
which exceed one hundred fifty feet in length shall remain open to
the sky, except that eave or roof overhangs with a maximum four
(4) foot projection may be permitted above a height of fourteen
(14) feet.
9120.11 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 parcel shall be ten (10) feet. Setback requirements are
as specified in this article.
(b) Building Separation. The minimum distance between main
buildings on the same parcel shall be fifteen (15) feet.
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 for such architectural
features are as specified in this article.
7.
(c) Building Offset. Structures having dwellings attached
side by side shall be composed of not more than six dwelling units
unless such structures provide an offset in the front building
line a minimum of four (4) feet for every two dwelling units in
the structure.
(d) Minimum Floor Area.
No. Bedrooms Square feet
Bachelor/Single 500
One 650
Two 900
Three 1,100
Four 1, 300
( e) Fencing. Fencing shall comply with the standards
outlined in Article 977.
( f) Landscaping. All setback areas visible from a public
street and all common open space areas shall be landscaped and
permanently maintained in an attractive manner with irrigation
facilities provided. Trees shall be provided at a rate of one
thirty (30) inch box tree per forty-five (45) feet of street
frontage or fraction thereof . Landscaping plans shall conform to
the provisions of Article 960.
(g) Lighting. A lighting system shall be provided along all
vehicular accessways and major walkways. Lighting shall be
directed onto the driveways and walkways within the development
and away from adjacent properties . A lighting plan shall be
submitted for approval by the Director.
(h) Trash Enclosures. Projects with more than four units
shall have enclosed trash collection areas within two hundred
(200) feet of any unit. Trash enclosures shall be constructed of
masonry or other materials compatible with the main building and
shall be screened from view of adjacent property.
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 sections,
8.
subsections, sentences, clauses, phrases or portions, or
amendments was declared invalid or unconstitutional.
SECTION 4. 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
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 5. 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 21 ,
day of July 1986.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk i At ney
REVIE ND P V I ITIATED AND APPROVED)Vav�-
9
City Administrator 1 ectory o De elopment
Services
9. `
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Ord. No. 2838
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly appointed, 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 21 St day of April
1986 , and was again read to said City Council at a regular
meeting thereof held on the 21s t day of d U l , 1986 , 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, Mandic, Bailey, Green
NOES: Councilmen:
None
ABSENT: Councilmen:
Finley, Thomas
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
#, Alicia M. Wentworth CITY CLERK of the City of
NuntoWton Beach and ez•of cio Clerk of the City
Council, do hereby certify that a synopsis of this
ordinance has been published in the Huntington
Beach independent on
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In accordance with the City Charter of said City.
)U3CiA M. WENTWORTH
........................................................................... Clerk
city
.„..�.........«, .........._...........................
Deputy City Clerk