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ORDINANCE NO. 2941
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
AMENDING ARTICLE 977 RELATING TO YARDS AND
FENCING AND SECTION 9080 .136 REAR YARD DEFINPZ'ION
(CODE AMENDMENT NO. 87-9 )
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 Chapter 977 to read as follows:
ARTICLE 977
YARDS AND FENCING
Section•
9770 General Provisions
9771 Permitted Fences..-Nalls, and Hedges
9772 Required Walls
9773 Street Intersection Visibility
I
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:
9771 Permitted Fences, Walls and Hedges .
(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, except as required elsewhere in this
Article.
(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) Fences or walls in the rear yard setback area of a
through-lot shall not exceed 42 inches in height . This
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sub-section shall not apply to lots abutting arterial highways.
(d)In the RI 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.
(e) When residential property abuts open or public land or
property zoned or used for office, commercial, or industrial
purposes, an eight foot high solid masonry or block wall may be
constructed on the common side or rear property line.
(f) In order to allow variations in the street scene in R1,
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 .
(g) Retaining Walls shall comply with the following:
( 1 ) Where a retaining wall is located on the property
line separating lots or parcels and protects a cut below the
natural grade, such retaining wall may be topped by a fence, wall
or hedge of the same height that would otherwise be permitted at
the location if no retaining wall existed.
( 2 ) Where a retaining wall is on the property line of a
rear yard abutting an arterial or exterior side yard and contains
a fill of 2 ft . or less or protects a cut below the natural grade,
such retaining wall may be topped with a six (6 ) ft . decorative
masonry wall .
(3 ) Where a retaining wall is on the property line of a
rear yard abutting a local street, the maximum retaining wall
height shall be 24 inches as measured from the adjacent curb and
may be topped with a maximum 18 inch decorative wall or fence for
a total height of 42 inches .
( 4 ) When the retaining wall is on the front property
line and contains a fill of two (2 ) feet or less, a protective
fence not more than forty-two (42 ) inches in height may be erected
at the top of the retaining wall, and any portion of such
protective fence shall be fifty (50 ) percent open or transparent .
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Any fence located on the front property line shall be approved by
the Department of Public Works .
(5 ) All retaining walls abutting a street shall be
waterproofed to the satisfaction of the Department of Community
Development .
(6 ) 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.
(h) The height of a fence shall be measured from natural
grade except as provided herein.
( i ) In the industrial districts, nine (9 ) foot high fences
may be permitted in the side and rear setbacks up to the front
building line subject to plan review approval by the director .
( j ) Deviations from the maximum height requirements for
walls as prescribed by this Article may be permitted subject to an
approval of Use Permit.
1112 Required Walls .
( a) When office, commercial or industrial uses abut property
zoned or used for residential, 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 .
(b) Industrial screening walls abutting arterial highways
shall be architecturally compatible with surrounding properties,
constructed of a minimum six (6 ) inch wide decorative masonry
block, and designed with landscape pockets at thirty-five foot
intervals along the street side sufficient in size to accommodate
at least one ( 1) 15-gallon tree. Approval of a Use Permit shall
be required prior to construction of such walls .
9773 Street Intersection Visibility.
(a) 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 lines.
(b) If vehicular access to a lot is obtained from an alley,
the triangular area formed by measuring seven an one-half (7.5 )
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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.
(c) 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.
Refer to attached Diagrams A and B
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by amending Section 9080 .13 to read as follows:
9080 .136 Yard, rear . A yard extending across the full width
of the lot between the side lot lines and measured between the
rear lot line and the nearest rear line of the main building or
the nearest line of any enclosed or covered porch. Where a rear
yard abuts a street or is adjacent to or facing a front yard of
residentially zoned property, it shall meet front yard
requirements of the district; excepting walls and fences and R1
zoned property abutting arterial highways .
PAGE END
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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 thereof held on the 20th
day of June , 1988 .
Mayor
ATTEST: APP(RC ED AS TO FORM:
City Clerk i t y Attorney ����-p"8
REVIEWED AND APPROVED: IN TIATED AND APPROVED:
City Administrator Direfcdor of Community
Dev opment
be
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Ord. No. 2941
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 6th day of June
19 88 and was again read to said City Council at a regular
meeting thereof held on the 20th day of June , 19 88 , 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, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: Councilmen:
None
ABSENT Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
t, Alicia ki. wentworth CITY CLERK of the City of
Hunt ilg`',.: Beech and ex•offic'o Clerk of the City
Counc , do he.eby certify ttiat a synopsis of,'this
ordinance has been published rn the
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lOccordancle with the City Charter of said City.
ALMA 1!, 1 11M0 ...
City Clerk
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