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HomeMy WebLinkAboutOrdinance #2915 ORDINANCE NO. 2915 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9130 . 7 (SETBACK - SIDE YARD) FOR THE OLDTOWN AND TOWNLOT DISTRICTS 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 Section 9130 . 7 to read as follows : 9130 .7 SETBACK - SIDE YARD. Minimum side yard setbacks shall be as follows : Dwellings, accessory buildings, and garages: Interior Side Yards - Lots 30 ft . wide or Three (3 ) ft . less Exception: minimum 5 ft . wide unobstructed access way (for furniture movement ) shall be provided to the main entry when located on the side. May be satisfied by access easement on adjacent property, additional doors at front or rear, or by other means subject to approval by Director . - Lots greater than Five ( 5) ft . 30 ft. wide: Exterior Side Yards - Lots 60 ft . wide or Five (5 ) ft . less : Exception: The side wall of a garage located on a 25 ft . - 27 ft . wide lot may be setback 3 ft . - Lots greater than Ten (10 ) ft . 60 ft. wide: Direct entry garage: Twenty-two (22 ) ft . Eaves : Refer to Uniform Building Code (UBC) Architectural Features: Thirty (30 ) inches . Exception: No encroachment into 5 ft . furniture access way. Open, unroofed stairways and balconies : Three (3 ) feet (a) Exception for zero lot line interior side yards. A zero interior side yard setback may be permitted provided that the opposite side yard setback shall be 20 percent of lot width, minimum of five (5 ) feet, need not exceed ten (10 ) feet, and subject to the following criteria and requirements : ( 1) The lot adjacent to the zero setback side yard shall either be held under the same ownership at the time of application or a deed restriction or agreement approved as to form by the city attorney shall be recorded giving written consent of the adjacent property owner . (2 ) Separation between the structure and any structure on an adjacent lot shall either be zero or a minimum of five (5 ) feet . ( 3 ) 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. (b) Exception by Use Permit. Reduced side yard setbacks may be permitted subject to the approval of a use permit . The Zoning Administrator shall make the following findings prior to approving such requests : ( 1 ) The reduction shall result in improved design and utility of the project. ( 2 ) The design shall be compatible with the surrounding neighborhood. ( 3 ) The proposed structure shall not have a detrimental effect on the general health, safety, welfare or privacy of surrounding residents. ( 4 ) Variation in the building setback shall be provided through the use of offsets and/or other architectural features. SECTION 2. 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 t ereof hel on the 21St day of September , 1987 . r ATTEST: APPROVED AS TO FORM: F f City Clerk r _ City Attor y C / 17 REVIE D APPROVED: I ITIATE ;ANDAPPR EDCity A m rinistrat rectr of Community Development Ord. No. 2915 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 C o u n c i 1 meeting thereof held on the -8th day of September 19aZ , and was again read to said City Council at a regular Council meeting thereof held on the 21st day of September 1987 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 , Bannister, Finley ,Green, Mays , Winchell NOES: Councilmen: None ABSENT: Councilmen: EErskine J/.O L� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1, 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 ordinance has been published in the on In accordance with the City Chai,er &I sa:j r.;:ty. BLLCIA M. WENTWORTH Q,ity Clerk �......... De{�uty City Clerk