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HomeMy WebLinkAboutOrdinance #3152 ORDINANCE NO. 3152 52 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH I AMENDING THE HUNTINGTON BEACH ORDINANCE CODE ARTICLE 908, DEFINITIONS AND ARTICLE 911, k LOW DENSITY RESIDENTIAL DISTRICT (RI) TO FURTHER REGULATE THIRD STORIES AND DEFINE BUILDING HEIGHT IN THE R1 DISTRICT I Is WHEREAS, the City of Huntington Beach desires to regulate the development of third stories within the Low Density Residential District (R1) ; and The City Council established a committee to formulate recommendations for a code amendment to regulate third stories; and The committee has made recommendations for a code I I I amendment to regulate third stories . is NOW, THEREFORE, the City Council of the City of P. Huntington Beach does hereby ordain as follows : SECTION 1. The Huntington Beach Ordinance Code, Articles 908, is hereby amended by amending Section 9080 .22 thereof to read as follows : 9080 .22 Building h i ht. The vertical distance above a it reference datum measured to the highest point of the coping of a flat roof or to a deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof . The reference datum shall be selected by either of the following, whichever yields a greater height of building: (1) The elevation of the highest adjoining sidewalk or ground h surface within a five (5) foot horizontal distance of the it exterior wall of the building when such sidewalk or ground surface is not more than four (4) feet above the lowest grade. (2) An elevation four (4) feet higher than the lowest grade when the sidewalk or ground surface described in (1) above is more than four (4) feet above lowest grade. SLk 4/92130 1 is is is For the Single Family Residential District (RI) only, building height shall be as defined in Section 9110 .4 . SECTION 1. The Huntington Beach Ordinance Code, Articles 911, is hereby amended by amending Section 9110 .4 to read as follows : 9110 .4 Building Height/Maximum Building Height. (a) Building Height Building height shall be defined as a vertical dimension measured from the top of the highest roof ridgeline to the top of the subfloor/slab directly underneath. In addition, the following standards shall apply: (1) Datum (100) shall be set at the highest point of the curb along the front property line. If no curb exists, datum shall be set at the highest centerline of the street along the front property line. (2) The differential between top of subfloor and datum shall be a maximum of two (2) feet as determined by Public Works . In the event that any subfloor, stemwall or footing is proposed greater than two (2) feet above datum, the height in excess shall be deducted from the maximum allowable ridgeline height . (3) Lots with a grade differential of three (3) feet or greater between the high point and the low point, determined before rough grading, shall be subject to Use Permit approval. Use Permit approval shall be based upon a building and grading plan which terraces the building with the grade and which is compatible with adjacent development . (b) Maximum Building Height (1) Second story plate height shall not exceed 25 feet above top of subfloor/slab. (2) Roofs shall have a minimum 5/12 pitch, if building height exceeds thirty (30) feet . (3) Maximum building height for Main Dwellings shall be thirty-five (35) feet . SLk 5/92130 2 3152 ................ ................----------- —-------- G) Habitable area including rooftop decks and balconies above the second story plate line shall require approval of a Use Permit . (4) Maximum building height for Accessory Buildings except detached garages, shall be fifteen (15) feet . Detached garages shall be designed to be compatible with the Main Dwelling . (c) Exception by Use Permit To Allow Habitable Area Above The Second Story. Habitable area above the second story may be permitted subject to the approval of a Use Permit with the following limitations : (1) The building height shall not exceed the height limits as stated in 9110 .4b. (2) Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions : G) Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are setback five (5) feet from the building exterior and do not exceed the height limits as stated in Section 9110 .4b. (ii) Deck areas above second story plate line shall open onto public rights-of-way only and shall '' not overlook adjacent property. I i' (iii) Windows above the second story plate line shall open onto public rights-of-way. Other windows or openings may be proposed subject to review for compatibility with adjacent property for protection of privacy. (3) Exterior stairways between the ground floor and a habitable area above the second story shall be prohibited . (4) Access to a habitable area above the second story shall be from within the Main Dwelling and shall be consistent with internal circulation. (5) Notification of property owners within 300 feet. The Zoning Administrator shall consider the following guidelines in deciding 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 . SLk 5/92130 3 3152 I'` I (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 Zoning Administrator shall consider any other criteria it deems necessary to preserve the health, safety, welfare and convenience of the neighborhood. i Section 3 . This ordinance shall take effect 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st r day of June 1992 . 100 is ' I Mayor ATTE APPROVED AS TO FORM: City Clerks ity Attorney S s=A-7 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Community S 91 Development S� i I SLk 5/92130 4 is 3152 i Ord. No. 31.52 STATE OF CALIFORNIA ) COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY, 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 therof held on the 18th day of may 19 92 and was again read to said City Council at a regular meeting therof held on the ' 1st day of June 19 92 , and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: Robitaille, Moulton-Patterson, winchell, Silva, _MacAllister NOES: Councilmembers: None ABSENT: Councilmembers: Green, Kelly !, GOnnIA Brock".'%ty CITY Cf_F�K ctf 'r�1e City of � HwgVon beach 4 rd -•;:'..,.:, sa:3rk of the Ci 1 Council,do hereby of lhta ordinance has t*ca;, Uafly Pilot on City Clerk and ex-offi ci o 1 erk of the City Council of the City 7•%�-- of Huntington Beach, California In accordance with ihw 6 ty. C 0n#11P ter: . wti., City Clerk �.r UDeW 91 Clerk