HomeMy WebLinkAboutOrdinance #3525 Iz—f7—v1
ORDINANCE NO. 3525
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY
AMENDING CHAPTER 230 THEREOF RELATING TO SITE STANDARDS
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and the Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various
Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP
5 (Downtown Specific Plan) relating to permit streamlining and development processing; and
After due consideration of the findings and recommendations of the Planning Commission
and all other evidence presented,the City Council finds that the aforesaid amendment is proper and
consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain
as follows:
SECTION 1: That Section 230.18 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
230.18 Subdivision Sales Offices and Model Homes
Subdivision sales offices and model homes in conjunction with an approved subdivision is
permitted with the following requirements.
A. The office shall be discontinued within 30 days following sale of the last on-site unit. A cash
bond shall be posted with the City in the amount of$1,000 for the sales office and$1,000 for
each model home to guarantee compliance with the provisions of this code.
B. The developer or contractor shall furnish a site plan showing the placement of the sales office
and all model signs, parking signs, directional signs,temporary structures,parking and
landscaping.
C. No sales office shall be converted or expanded into a general business office for the contractor
or developer.
SECTION 2: That Section 230.74 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
230.74 Outdoor Facilities
A. Permit Required. Outdoor storage and display of merchandise, materials, or equipment,
including display of merchandise, materials, and equipment for customer pick-up, shall be
subject to approval of a conditional use permit by the Zoning Administrator in the CG, IL, IG,
CV and SP districts. Sidewalk cafes with alcoholic beverage service and/or outdoor food
service accessory to an Eating and Drinking Establishment shall be permitted subject to
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Ord.No.3525
approval of a conditional use permit by the Zoning Administrator in the CO, CG, CV, OS and
SP districts,but no outdoor preparation of food or beverages shall be permitted.
B. Permit Conditions: Grounds for Denial. The Zoning Administrator may require yards,
screening, or planting areas necessary to prevent adverse impacts on surrounding properties. If
such impacts cannot be prevented, the Zoning Administrator shall deny the conditional use
permit application.
C. Exceptions. Notwithstanding the provisions of subsections (A) and (B) above, outdoor storage
and display shall be permitted in conjunction with the following use classifications in districts
where they are permitted or conditionally permitted:
1. Nurseries,provided outdoor storage and display is limited to plants, new garden equipment
and containers only; and
2. Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be limited
to vehicles,boats, or equipment offered for sale or rent only.
D. Screening. Outdoor storage and display areas for rental equipment and building and
landscaping materials shall be screened from view of streets by a solid fence or wall. The
height of merchandise, materials, and equipment stored or displayed shall not exceed the height
of the screening fence or wall.
SECTION 3: That Section 230.88 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
230.88 Fencing and Yards
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, B and C-are hereby
adopted to illustrate the provisions of this chapter. 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.
A. Permitted Fences and Walls.
1. Fences or walls a maximum of forty-two (42) inches in height may be located in any portion
of a lot, except screen walls on lots in the RMH-A subdistrict shall be set back a minimum
of three (3) feet from the front property line. Fences or walls exceeding forty-two (42)
inches in height may not be located in the required front yard, except as permitted elsewhere
in this Section. (3334-6197,3410-3199)
2. Fences or walls a maximum of six (6) feet in height may be located in required side and rear
yards, except as excluded in this Section. Fences or walls exceeding six (6) feet in height
may be located in conformance with the yard requirements applicable to the main structure
except as provided for herein or in the regulations of the district in which they are located.
a. Fences and walls located adjacent to arterials along the rear and/or street side yard
property lines, and behind the front setback, may be constructed to a maximum total height
of eight (8) feet including retaining wall with the following:
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Ord.No.3525
(1) The proposed building materials and design shall be in conformance with the
Urban Design Guidelines.
(2) Extensions to existing wall(s) shall require submittal of engineering
calculations to the Building and Safety Department.
(3) The property owner shall be responsible for the care and maintenance of
landscape area(s) and wall(s) and required landscape area(s).
(4) Approval from Public Works Department.
3. Fences or walls in the rear yard setback area of a through-lot shall not exceed forty-two (42)
inches in height. This subsection shall not apply to lots abutting arterial highways.
4. In the RL 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.
5. When residential property abuts open or public land or property zoned or used for office,
commercial, or industrial purposes, an eight (8) foot high solid masonry or block wall may
be constructed on the common side or rear property line.
6. In order to allow variations in the street scene in R districts, fences or walls 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:
a. 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.
b. Such walls shall not encroach into the visibility triangular area formed by measuring
seven and one-half(7.5) feet along the driveway and ten (14) feet along the front
property line at their point of intersection.
c. Such walls shall conform to all other applicable provisions of this section.
7. Retaining walls shall comply with the following:
a. 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.
b. 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 two (2) ft. or less or protects a cut below the
existing grade, such retaining wall may be topped with a six (6) ft. decorative masonry
wall.
c. Where a retaining wall is on the property line of a rear yard abutting a local street, the
maximum retaining wall height shall be twenty-four(24) inches as measured from the
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Ord.No.3525
adjacent curb and may be topped with a maximum eighteen (18) inch decorative wall or
fence for a total height of forty-two (42) inches.
d. (1) The maximum height of a retaining wall on the front property line shall be thirty-six
(36) inches as measured from the top of the highest adjacent curb. Subject to the
Director's approval, a maximum forty-two(42) inch high wall or.fence may be
erected above the retaining wall with a minimum three (3) foot setback from the
front property line.
(2) In the RMH-A subdistrict, the maximum height of a retaining wall on the front
property line shall be eighteen(18) inches as measured from the top of the highest
adjacent curb. Subject to the Director's approval, a second retaining wall up to
eighteen (18) inches in height may be erected above the eighteen (18) inch high
retaining wall with a minimum three (3) foot front setback. A wall or fence up to
forty-two (42) inches in height may be erected on top of the retaining wall with the
minimum three foot front setback. (See Exhibit below.)
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Ord.No.3525
j Required
} 0, Tree/Palm
iLandscaping
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Front Building*
nronerty line
j Max 47"
Patio
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Max-18"
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Hetninino Wnllc
Sidewalk/Parkway Max.18"
*See Maximum building height in Chapter 210
e. All retaining walls abutting a street shall be waterproofed to the satisfaction of the
Director.
f. 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.
8. The height of any fence, wall or hedge located in the front yard setback shall be measured
from top of the highest adjacent curb. All other fence heights shall be measured from
existing grade.
9. Any fence or wall located on the front property line shall be approved by the Department of
Public Works.
10. 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.
11. Deviations from the maximum height requirements for walls'as prescribed by this Section
may be permitted subject to an approval of conditional use permit by the Zoning
Administrator.
12. Within the coastal zone, no gate, fence or wall shall be permitted that restricts or obstructs
public access to the shore.
B. Required Walls.
1. 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
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Ord.No.3525
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. -
2. 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(35) foot intervals along the street
side sufficient in size to accommodate at least one (1) 15-gallon tree. Approval of a
conditional use permit by the Zoning Administrator shall be required prior to construction of
such walls.
C. Visibility.
1. 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 street side property lines.
2. 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 street 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.
3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways
shall not be blocked between a height of forty-two (42) inches and seven (7) feet within a
triangular area formed by measuring ten (10) feet from intersecting driveways or street/alley
and driveway.
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DIAGRAM A
ord/OIzoning ord/chp230/12/13/01 6
Ord. No.3525
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STREET/ALLEY
DIAGRAM B
ord101 zoning and/chp230/12/13l01 7
Ord.No.3525
REVERSE CORNER LOT
CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY
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THROUGH THROUGH LOT
CORNER LOT HEIGHT MEASUREMENT OF FENCE OR WALL
.A. A 42 inch high fence may be constructed on an,s g y y portion of the tat.
® Indicates that portion of the lot on which a
b foot high fence may be constructed.
"A" Indicates minimum front yard setback,
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ord/0lzoning ordlchp230/12113101
Ord. No.3525
SECTION 4: That Section 230.94 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
230.94 Carts and Kiosks. Carts and kiosks may be permitted on private property zoned for
commercial purposes, subject to approval by the.Planning Director and compliance with this
section. Carts and kiosks may be permitted as a temporary use on public property subject to Specific
Event approval pursuant to Chapter 5.68.
A. Location and Design Criteria. Cart and kiosk uses shall conform to the following:
1. No portion of a cart or kiosk shall overhang the property line.
2. The cart or kiosk shall not obstruct access to or occupy a parking space; obstruct access to a
parked vehicle, impede the delivery of materials to an adjoining property, interfere with
access to public property or any adjoining property, or interfere with maintenance or use of
street furniture. If any existing parking spaces will be displaced or partially or totally
blocked by the proposed cart or kiosk, those spaces must be replaced on-site at a one-to-one
(1:1) ratio.
3. The cart or kiosk shall not exceed a maximum of four(4) feet in width excluding any
wheels, eight (8) feet in length including any handle, and no more than six (6) feet in height
excluding canopies, umbrellas or transparent enclosures unless a larger size is approved.
4. A limit of one cart or kiosk shall be allowed for each commercial business that meets the
above locational and design criteria.
B. Factors to Consider. The following factors shall be considered regarding the location and the
design of cart or kiosk uses including:
1. Appropriateness of the cart or kiosk design, color scheme, and character of its location;
2. Appropriateness and location of signing and graphics;
3. The width of the sidewalk or pedestrian accessway;
4. The proximity and location of building entrances;
5. Existing physical obstructions including, but not limited to signposts, light standards,
parking meters, benches, phone booths, newsstands, utilities and landscaping;
6. Motor vehicle activity in the adjacent roadway including but not limited to bus stops, truck
loading zones, taxi stands, hotel zones, passenger loading or,parking spaces;
7. Pedestrian traffic volumes; and
8. Handicapped accessibility.
C. Operating Requirements, Provisions and Conditions.,
1. During hours of operation, the cart or kiosk must remain in the location specified on the
approved site plan.
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Ord.No,3525
2. A cart or kiosk operator shall not sell to or solicit from motorists or persons in vehicles.
3. The cart or kiosk operator shall pay all fees and deposits required by the Huntington Beach
Municipal Code prior to the establishment of the use.
4. All provisions of the Huntington Beach Municipal Code which are not in conflict with this
section shall apply.
5. The prices of items sold from a cart or kiosk must appear in a prominent, visible location in
legible characters. The price list size and location shall be reviewed and approved by the
Planning Director.
6. The sale of alcoholic beverages shall be prohibited.
7. The number of employees at a cart or kiosk shall be limited to a maximum of two (2)
persons at any one time.
S. Fire extinguishers may be required at the discretion of the Fire Department.
9. All cart and kiosk uses shall be self contained for water, waste, and power to operate.
10. A cart or kiosk operator shall provide a method approved by the Planning Director for
disposal of business related wastes.
D. Parking. Additional parking may be required for cart or kiosk uses by the Planning Director.
E. Review; Revocation. The Planning Department shall conduct a review of the cart or kiosk
operation at the end of the first six (6) month period of operation. At that time, if there has been
a violation of the terms and conditions of this section or the approval, the approval shall be
considered for revocation.
F. Limited Notification. Ten (10) working days prior to submittal for a building permit or
certificate of occupancy, applicant shall notice adjacent property owners and tenants by first
class mail. Notice of application shall include the following:
1. Name of applicant.
2. Location of planned development or use, including address.
3. Nature of the proposed development shall be fully disclosed in the notice.
4. Planning Department phone number and address of City Hall shall be provided in the notice
to call for viewing plans.
5. The date by which any comments must be received in writing by the Planning Department.
6. Planning Department shall receive entire list including name and address of those receiving
the mailing.
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Ord.No.3525
SECTION 5: This ordinance shall take effect thirty 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 7 th day of January , 2002 .
ATTEST:
dv .
City Clerk 4i—lc—a2 Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Adminis ator City Attorney
INIT ED PROVED:
ire for JPVming
ord101 zoning ord/chp230/12/13/01 11
Ord. No. 3525
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCK'W'AY,the duly elected, qualified City Clerk of the City
of Huntington Beach, and ex-officio Clerk of the City Council of 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 17th day of December,2001, and was again read to said
City Council at a regular meeting thereof held on the 7th day of January,2002, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Dettloff, Bauer, Cook, Green, Boardman
NOES: None
ABSENT: Houchen
ABSTAIN: None
I,Connie Brockway 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 Independent on
/7 zooa
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway, City Clerk of the City Council of the City
I utyCity Clerk of Huntington Beach, California