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Home My WebLink AboutOrdinance #3692 ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING SECTIONS 203.06 AND 2310.88 THEREOF RELATING TO DEFINITIONS, AND FENCING A YARDS WHEREAS, pursuant to the California State Planning and Zom Law, the Huntington Beach Planning Commission and Huntington Beach City Council have eld separate, duly noticed public hearings to consider a Zoning Text Amendment, whichamends Sections 203.06, and 230.88 of the Huntington Beach Zoning and Subdivision Ordin .ce relating to definitions, and fencing and yards; 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 Sections 203.06 and 230.88yof the Huntington Beach Zoning and Subdivision Ordinance are hereby amended in accordance with the Legislative Draft provided in Attachment A. SECTION 2. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the CitytCouncil of the City of Huntington Beach at a regular meeting thereof held on the day of , 200 ATTEST: 17 City Clerk Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: c City Ad ` inistrator ity Attorney 1r'L�ON INITI ED AND APPROVED: N 0 C T N 4, Di ctor of Planning AKEN C �-� 0 -a,. G - ), c, -ord/04zoning/amend 203 06 and 230 88 2d ORDINANCE NO. LEGISLATIVE DRAFT3�9v- 203.06 Definitions Frontage, Primary. The portion of a residential through lot that extends along the ont property line adjacent to a local street. Frontage, Secondary. The portion of a residential through lot that extends alon the rear property line adjacent to a local street. 230.88 Fencing and Yards A. Permitted Fences and Walls. 3. Fences or walls within the roar-yard tbaek are along the second ry frontage of a through lot shall not exceed 42 inches in height. This subsection shall not/apply to lots abutting arterial highways. Fences or walls that exceed 42 inches.in height, a are located within the secondary frontage of a through lot, may be permitted pro /ided they comply with the following design criteria: a. A combination retaining and block wall with a m imum height of eight (8) feet, measured from the adjacent grade,shall be locat d at a ten-foot setback from the rear property line. b. The maximum height of the retaining wall /all e three (3) feet and the maximum height of the block wall or view fence shal a five (5) feet. (See Exhibit Below) Block Wall or View Fence 0 l I=Ill c Retaining Wall III{t� to 099 l If Min. Setback TA i LEGISLATIVE DRAFT 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 Zonin Administrator. Deviations from the maximum height requirements for walls as prescribed for a through lot abutting a local street, may be permitted subject to an approval of a variance by the Zoning Administrator. In addition to the standard notification process, the notification requirements shall include all properties that that face the secondary frontage of a through lot along the entire block. i Y O A TAKEN, ORDINANCE NO. � AN ORDINANCE OF THE CITY OF HUNTINGTON BE AMENDING THE HUNTINGTON BEACH ZONING AND SUB VISION ORDINANCE BY AMENDING SECTIONS 203.06 AN 30.88 THEREOF RELATING TO DEFINITIONS, AND FENCIN AND YARDS WHEREAS, pursuant to the California State Planning a Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Cou it have held separate, duly noticed public hearings to consider a Zoning Text Amendm t, which amends Sections 203.06, and 230.88 of the Huntington Beach Zoning and Subdivis' n Ordinance relating to definitions, and fencing and yards; and After due consideration of the findings and r commendations of the Planning Commission and all other evidence presented, the ity Council finds that the aforesaid amendment is proper and consistent with the Ge eral Plan, NOW, THEREFORE, the City CounchI of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Sections 20 .06 and 230.88 of the Huntington Beach Zoning and Subdivision Ordinance are hereby am ded in accordance with the Legislative Draft provided in Attachment A. SECTION 2. This ord7ED ce shall take effect thirty days after its adoption. PASSED AND ADOP by the City Council of the City of Huntington Beach at a regular meeting thereof held n the day of , 2005. Mayor REVIEWED AN A' OVED: APPROVED AS TO FORM: City A ini Bator l i Attorney INI IATED AND APPROVED: ACTIC)N Director of Pla&ing TAKP:N ord/04zoning/amend 203 06 and 230 88 2d LEGISLATIVE DRAFT Dl '61A)l 203.06 Definitions / Frontage, Primary. The portion of a residential through lot that extends alongthe front property line adjacent to a local street. Fronta\ge,Secondary. The portion of a residential through lot that2ext s along the rear property 1 e adjacent to a local street. 230.88 Fencin and Yards A. Permitted Fenc\, nd Walls. 3. Fences or walls alo g the secondary frontage of a through lot shall not excee, 42 inches in height. This subs ction shall not apply to lots abutting arterial highways. Fences walls that exceed 42 inch in height, and are located within the secondary frontage a through lot, may be ,ermitted provided they comply with the following design crite a. A combination retaini wall and vi fence with a maximum height of eight(8) feet, measured from the adja t grade shall be located at a ten-foot setback from the rear property line. b. The maximum height of the re fining wall shall be three (3) feet and the maximum height of the view fence shall e i e (5) feet. (See Exhibit Below) View Fence 0 �i c Retaining II Wall I III II ll � _ I _ llr) 11 RI t NO-=Ill ll( !II 111 �� !tom � =111-0 Min. Setback TAKE OR-, ,JA r,)c 4:5 No. -3 LEGISLATIVE DRAFT 11. Deviations from the maximum height requirements for walls as prescribed by this Section may be permitted subject to an approval of a conditional use permit by the Zoning Administrator Exception: For through lots abutting a local street only, any deviation to eithey/ height or setback o walls as described in Section 230.88.A.3. shall be subjec 4o the variance provisions o Section 241.10 of the Huntington Beach Zoning and/ ubdivision Ordinance. In additiolito the standard notification process, the notifica ion shall be expanded to include all operties along the entire block that face the 16condary frontage of a through lot. ACT, U- TA ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 03-01 SUGGESTED KNDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 03-01: 1. Zoning Text Am dment No. 03-01 to amend Chapter 203, Chapter 210 and Chapter 230 of the Zoning and Subdiv ion Ordinance is consistent with the objectives, poi ies, general land uses and programs specified in he General Plan and any applicable specific p�n because the amendments clarify the definitions for ertain terms relating to walls and fences, expand the public notification to include property owners Wigo face the rear of through lots, and sp fences, design criteria for walls at the rear of through lots. Th zoning text amendment will allow fol greater public participation and the design criteria established will"create a uniform design standard/for wall design. 2. In the case of a general land us\rovision, the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning�d"�istrict for which it is proposed. The amendment will result in increased compatibility between properties based on a standardized block wall design at the rear of through lots. 3. A community need is demonstrated for the change. The need for expanded notification for conditional use permits on residential througOots and design criteria for block walls are desired by the community. 4. Its adoption will be in conformity with public convri ce, general welfare and good zoning practice by codifying definitions and design criteria that that wilh�egulate the development of block walls at the rear of through lots and protects the general welfare of th public through additional notification requirements. . V"-' 04sr19 ZTA 03-01(2) Attachment 2.1