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HomeMy WebLinkAboutOrdinance #2845 t ORDINANCE NO. 2845 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLES 915 AND 935 AND AMENDING ARTICLE 913 SECTIONS 9130, 9130.1 (b) , 9130.3, 9130.6, 9130.8, 9130.9, 9130. 10, i The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. Articles 915 and 935 of the Huntington Beach Ordinance Code are hereby repealed. i i SECTION 2. The Huntington Beach Ordinance Code is hereby amended by amending Article 913 sections 9130, 9130.1 (b) , 9130.3, 9130.6, 9130.8, 9130.9, 9130.10 to read as follows: 9130 GENERAL PROVISIONS. The specific standards contained in this article are to guide the development of 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 as small lot sizes, narrow frontages, and automobile access from rear alleys. The boundaries of such areas 'i shall be as depicted on the sectional district maps. (2780-9/85) 9130.1 PERMITTED USES. (a) Building Permit. Single-unit dwellings, multiple-unit dwellings, and their customary accessory uses and li structures, permanently located on a parcel shall be permitted subject to approval of a building permit. Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes . (2780-9/85) (b) Use Permit. Developments with over five units shall be subject to use permit approval by the Board of Zoning Adjustments. Such developments shall comply with all the provisions of this article, except that setback requirements and open space requirements shall be pursuant to Article 912 for apartment complex developments. (c) 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 915. (2) Unclassified uses pursuant to Article 933. 1. r 9130.3 MAXIMUM DENSITY/INTENSITY. (a) The lot size shall determine the number of units permitted within each district classification as shown in the table below. (2780-9/85) 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, except that lots with a minimum of 20,000 square feet of net site area shall be permitted to use gross site area for density calculation subject to the approval of a conditional use permit by the Planning Commission. (b) Maximum dwelling floor area per lot shall be subject to a floor area ratio restriction of 1.0 sgaure feet of building area (excluding garage) for each one (1) square foot of net lot area. 9130.6 SETBACK (FRONT YARD) . Front yard setbacks shall be as follows: Dwelling, accessory structure: OT: 15 feet TL: 12 feet (see exceptions below) Front entry garage or carport 22 feet Side entry garage: 10 feet Eaves; fireplaces, and open OT: 11 feet unroofed stairways and balconies: TL: 8 feet (a) Exception for Averaging. The front setback may be reduced to seven eet provided that the reduction shall be limited to 50 percent of the overall building width and the average setback as required above is maintained. 2 . r (b) Multistory Dwelling Exception. Multistory dwellings exceeding twenty-two 22 feet in height require a minimum twenty-five foot setback. In addition, any third story shall have a minimum offset of ten (10) feet from the second floor facade. 9130.8 SETBACK (REAR YARD) . Rear yard setbacks shall be as follows : Dwellings, accessory buildings, Seven and one half (7.5) and open, unroofed stairways: feet ( including eaves) Garages : Seven and one half (7.5) feet. The setback shall be twenty-four (24) feet to provide for additional driveway parking when required. Projections: Any portion of the building above the first floor double plate may cantilever to within five feet of the rear property line. Trash enclosures: No setback required 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: (2780-9/85 ) (a) A minimum of two hundred twenty-five (225) square feet shall be located on the ground in one area with minimum dimensions of fifteen (15) feet. I NOTE: To provide for better design flexibility, the minimum open space dimensions may be reduced to ten (10) feet, provided open space area minimums 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. (b) The remaining open space requirement may be provided in other areas on the ground, or in balconies or decks above the ground. Minimum dimension shall be 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. 3 . 9130.10 FENCING. All fencing shall comply with the yards and fencing g provisions in Article 977. 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 decisions 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 be declared invalid or unconstitutional. SECTION 4. This ordinance shall take effect thirty days after its passage. NO FURTHER TEXT ON THIS PAGE 4. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of May 1986. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City At orney - /1714 REVIEWED AND APPROVED: INITIATED AND APPROV City Admin tratorjF Director of DevelolWaefy Services 5. Ord. No. 2845 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 5th day of May 19 86 , and was again read to said City Council at a regular meeting thereof held on the 19th day of May _, 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: Kelly, Finley, Mandic, Bailey, Green, Thomas NOES: Councilmen: None ABSENT: Councilmen: MacAllister 4��L City Clerk and�ex-oRficio Clerk of the City Council of the City of Huntington Beach, California 1, A#cla M. Wentworth CITY CLERK of the City at Huntington Mach and ex-pfficia Clerk of the City Councit, do hereby certify that a synopsis of this ordinance has been pubNshsd in the Huntington Beach independent on r A nn .......I...................... `'�,. .. .r/'; i4„i ..... in accordance with the City Charter of said City. ALMA AL Wi NTKIRTN .......... Clerk