HomeMy WebLinkAboutOrdinance #3710 ORDINANCE NO. 3 7 1 0,
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE TITLED
SITE STANDARDS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 230.08 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended as follows:
230.08 Accessory Structures
For purposes of applying these provisions, accessory structures are inclusive of minor accessory
structures, except where separate provisions are provided in this section.
A. Timin . Accessory structures shall not be established or constructed prior to the start of
construction of a principal structure on a site, except that construction trailers may be placed
on a site at the time site clearance and grading begins and may remain on the site only for the
duration of construction.
B. Location. Except as provided in this section, accessory structures shall not occupy a required
front, side or street side yard or court, or project beyond the front building line of the
principal structure on a site. An accessory structure shall be setback 5 feet from the rear
property line except no setback is required for accessory structures, excluding garages and
carports, which abut an alley. Minor accessory structures may be located in required side and
rear yard setbacks provided that the structure is located in the rear two-thirds of the lot and a
minimum five foot clearance is maintained between said structure and dwelling if it is
located in the required side yard. Minor accessory structures that are decorative such as
landscape garden walls, fire pits, freestanding barbecues/fireplaces, sculptures, and fountains
may be located anywhere on the property provided:
1. They do not exceed 6-feet in height or exceed 42-inches in height when located within
the front yard setback and;
2. A minimum 5-foot clearance is maintained between said structure and the dwelling if it
is located in a required side yard; and
3. Rock formations shall be setback 1-foot from the side and/or rear property lines for
each foot of rock formation height, maximum 5-foot setback required.
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C. Maximum Height. 15 feet, except a detached garage for a single family dwelling may
exceed the maximum height when it is designed to be architecturally compatible with the
main dwelling and does not include habitable floor area.
D. Maximum Size in RL District. In an RL district, the total gross floor area of accessory
structures more than 4 feet in height that are not attached to a dwelling shall not exceed 600
square feet or 10 percent of lot area, whichever is more.
E. Patio Covers. A patio cover open on at least 2 sides and complying with all other provisions
of this subsection may be attached to a principal structure provided a 5-foot clearance to all
property lines is maintained.
F. Decks. A deck 30 inches or less in height may be located in a required yard.
G. Separation. The distance between buildings on the same lot shall not be less than 10 feet.
SECTION 2. Section 230.10, subsections A, Al, D and E, of the Huntington Beach
Zoning and Subdivision Ordinance are hereby amended as follows:
230.10 Accessory Dwelling Units
A. Permit Required. Accessory dwellings may be permitted in all R districts on lots with a
single family dwelling subject to Director approval. Requests shall be submitted to the
Director accompanied by the required Neighborhood Notification,plans and elevations
showing the proposed accessory dwelling and its relation to the principal dwelling,
descriptions of building materials, landscaping and exterior finishes to be used and parking to
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be provided, and any other information required by the Director to determine whether the
proposed unit conforms to all requirements of this code. The Director shall approve an
accessory dwelling unit upon finding that the following conditions have been met:
1. The dwelling conforms to the design and development standards for accessory dwelling
units established in Subsection (B) of this Section 23 0.10 and Section 230.22 A;
D. Covenant. A covenant with the ownership requirements shall be filed for recordation with
the County Recorder within 30 days of Planning Department Plan Check approval and
issuance of building permits. Evidence of such filing shall be submitted to the Director
within 30 days of approval.
E. Parkland Dedication In-lieu Fee. A parkland dedication in-lieu fee shall be assessed as set by
resolution of the City Council pursuant to Section 230.20 and paid prior to issuance of the
building permit.
SECTION 3. Section 230.12, subsection C(8), of the Huntington Beach Zoning and
Subdivision Ordinance is hereby amended as follows:
230.12 Home Occupation in R Districts
8. Neighborhood Notification shall be in compliance with Chapter 241 when a home
occupation involves instruction and/or service, e.g. music lessons,beauty shop,
swimming lessons. Where a home occupation involves swimming instruction in an
outdoor swimming pool, each swimming class shall be limited to 4 students, and no more
than 2 vehicles shall be used to transport students to such classes.
SECTION 4. Section 230.14, subsection E(3), of the Huntington Beach Zoning and
Subdivision Ordinance is hereby amended as follows:
230.14 Affordable Housing Incentives/Density Bonus
E. Procedure.
3. The Planning Commission/City Council shall review the subject Affordability Agreement
concurrently with the development proposal. No project shall be deemed approved until
the Affordability Agreement has been approved by the City Council.
SECTION 5. Section 230.22 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended as follows:
230.22 Residential Infill Lot Developments
The following Residential Infill requirements are intended to minimize impacts on contiguous
developed single family residential property and provide standards that insure compatibility and
appropriate design for projects located within existing residential neighborhoods, unless to do so
would contravene the terms of an existing Development Agreement. (3301-11i95)
Infill development site plans and building design shall be harmonious and compatible with
streets, driveways,property lines, and surrounding neighborhood. Compatibility considerations
should include, but not be limited to, lot size, lot frontages, building layout, building
configuration and design, building materials,product type, grade height and building height
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relative to existing dwellings, and visual intrusion concerns. The Director of Planning shall
cause all requests for plan check and issuance of building permits for residential infill lot
development to be reviewed in accordance with these requirements. (3301-11/95)
A. Privacy Design Standards.
1. New residences and accessory dwelling units shall off-set windows from those on
existing residences to insure maximum privacy. The use of translucent glass or similar
material, shall be used for all bathroom windows facing existing residences. Consider
locating windows high on elevations to allow light and ventilation, and insure privacy.
(3301-11/95)
2. Minimize the canyon effect between houses by clipping roof elevations on side yards.
Provide roof line variations throughout a multi-dwelling infill development. (3301-11/95)
3. Provide architectural features (projections, off-sets) to break up massing and bulk.
4. Upper story balconies shall be oriented toward the infill house's front or rear yard areas,a
public street or permanent open space. (3301-11/95)
B. Noise Considerations.
1. Swimming pool/hot tub equipment, air conditioning equipment, and other permanently
installed motor driven equipment shall be located to minimize noise impacts on
contiguous residences. (3301-11/95)
C. Pad Height.
1. Pad height for new construction shall match to the extent feasible pad heights of
contiguous residences. Any property owner/developer who intends to add fill above the
height of the existing contiguous grades shall demonstrate to the Community
Development Director and the City Engineer that the additional fill is not detrimental to
surrounding properties in terms of compatibility and drainage issues. (3301-11/95)
D. Public Notification Requirements.
1. Ten(10) working days prior to submittal for plan check (plan review) the applicant shall
give notice of the application to adjacent property owners and the City of Huntington
Beach, Department of Community Development by first class mail. The notice of
application shall include the following: (3301-11/95)
a. Name of applicant;
b. Location of planned development, including street address (if known) and/or lot and
tract number; (3301-11/95)
c. Nature of the planned development, including maximum height and square footage of
each proposed infill dwelling unit; (3301-11/95)
d. The City Hall telephone number for the Department of Community Development to
call for viewing plans;
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e. The date by which any comments must be received in writing by the Department of
Community Development. This date shall be ten(10) working days from plan check
(plan review) submittal; and
f. The address of the Department of Community Development.
2. The applicant shall submit a copy of each notice mailed and proof of mailing of
the notice(s) when submitting the application for plan check (plan review). The adjacent
property owners shall have ten (10) working days from plan check (plan review) submittal to
provide comments regarding the application to the Director of Community Development. All
decisions of the Director regarding the application shall be final.
SECTION 6. Section 230.36, subsection C(3), of the Huntington Beach Zoning and
Subdivision Ordinance is hereby amended as follows:
230.36 Transportation Demand Management
C. A,pplicabilit:
3. Notwithstanding "1" above, the following uses and activities shall be specifically exempt
from the provisions of this section:
a. Temporary construction activities on any affected project, including activities
performed by engineers, architects, contract subcontractors and construction workers.
a. Other temporary use classifications or as authorized by the Zoning
Administrator/Director when such temporary activities are for a period not to exceed
30 days and held no more than once a year.
SECTION 7. Section 230.38 is hereby amended as follows:
230.38 Game Centers
The following supplemental requirements shall apply to the operation of game centers, including
mechanical or electronic games or any other similar machine or device, in order to control the
location and hours of operation of game centers so as not to allow school children to play the
games during school hours or to encourage minors to congregate in areas close to commercial
establishments that sell alcoholic beverages. The following conditions shall apply:
A. Neighborhood Notification. Submit a request to the Director with neighborhood notification
pursuant to Chapter 241.
B. Adult Manager. At least one adult manager shall be on the premises during the time a game
center is open to the public.
C. Hours of Operation for Minors under 18 Years of Age. No game center owners, manager or
employees shall allow a minor under 18 years of age to play a mechanical or electronic game
machine during the hours the public schools of the district in which the center is located are
in session, or after 9 p.m. on nights preceding school days, or after 10 p.m. on any night. It is
the responsibility of the owner or manager of the game center to obtain a current schedule of
school days and hours.
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D. Locational Criteria. A game center shall not be permitted within 2,500 feet of a school site,
300 feet of the boundary of a residential district, or within 500 feet of a liquor store, a
nightclub, cocktail lounge or bar. The distance shall be measured as walking distance from
the game center to the property line of the school site,the district boundary, or the property
line of the liquor store, nightclubs, cocktail lounge, or bar, as the case may be.
E. Restrictions. The Director may impose reasonable restrictions on the physical design,
location, and operation of a game center and require a special bicycle parking area in order to
minimize the effects of noise, congregation,parking, and other nuisance factors that may be
detrimental to the public health, safety and welfare of the surrounding community.
SECTION 8. Section 230.40 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to correct a sequential error by renaming subsection"F"to"D".
No other changes to this section have been made.
SECTION 9. Section 230.42, subsection(A) is hereby amended as follows:
230.42 Bed and Breakfast Inns
A. Permit Required. The Zoning Administrator may approve a conditional use permit for a bed
and breakfast inn in any C District and RMH-A District, after a duly noticed public hearing
upon finding that:
1. The bed and breakfast inn will be operated by a property owner living on the premises;
2. The bed and breakfast inn conforms to the design and development standards of
Subsection (B) of this section and is compatible with adjacent buildings in terms of
building materials, colors and exterior finishes; and
3. Public and utility services, including emergency access, are adequate to serve the bed and
breakfast inn.
SECTION 10. Section 230.88 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to add subsection(A)(2)(b), and modify subsections A(6), and
B(2) as follows:
230.88 Fencing and Yards
A. Permitted Fences and Walls.
2(b). Exception: A maximum two foot (2')lattice extension (wood or plastic)that is
substantially open may be added to the top of a six foot(6') high wall or fence on
an interior property line without Building Permits pursuant to Chapter 241
Neighborhood Notification.
6. Only at the time of initial construction of the dwellings and 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:
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a. The reduced setback shall be only permitted for five (5)or more contiguous lots
under the same ownership.
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(10) feet along the front
property line at their point of intersection.
c. Such walls shall conform to all other applicable provisions of this section.
B. Required Walls.
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 by the Director shall be required prior to construction of such walls.
SECTION 11. Section 230.92, subsections D and E(2), of the Huntington Beach Zoning
and Subdivision Ordinance are hereby amended as follows:
230.92 Landfill Disposal Sites
D. Hazardous Waste Sites. For any land disposal site determined to be a hazardous waste site
by the State Department of Toxic Substances Control and/or the City of Huntington Beach,
the following additional measures shall be taken prior to excavation of such site:
1. All property owners within a half mile radius of the site shall receive written notice of all
public hearings to be held regarding proposed excavation on the site. The cost of
preparing and mailing such notice shall be paid by the operator/applicant.
2. A type of bond, acceptable to the City Attorney, shall be posted by the operator/applicant
insuring that necessary funds are available to restore the site to a safe condition if
excavation is prematurely terminated.
3. Excavation of the site shall be performed in accordance with the requirements of the State
Department of Health Services, and any other public agency with jurisdiction over
hazardous waste sites.
E. Operations Plan Contents. The operations plan shall contain the following:
2. A plan containing specific measures to monitor air quality to be implemented during
excavation to prevent the exposure of on-site workers or area residents to unhealthful
vapors from the site. If deemed necessary by the State Department of Toxic Substances
Control, the plan shall also include specific measures for evacuation of residents in the
vicinity of the site.
SECTION 12. Section 230.94, subsection F, is hereby amended as follows:
230.94 Carts and Kiosks .
F. Neighborhood Notification. Pursuant to Chapter 241.
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SECTION 13. All other provisions of Chapter 230 not modified herein shall remain in
full force and effect
SECTION 14. This ordinance shall become effective 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 2nd day of May , 2005.
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ATTEST: APPROVED AS TO FORM:
T6City Clerk City A orney q S 05
REVIEWED AND APPROVED: INITI ED AND APPROVED:
City A mh v Director of Planning
ord105zoning/Chap 230 8
Ord. No. 3710
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, 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 18th day of April,2005, and was again read to said City
Council at a regular meeting thereof held on the 2nd day of May, 2005, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Hansen, Coerper, Sullivan,Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,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 Huntington Beach Fountain Valley
Independent on May 12,2005.
In accordance with the City Charter of said City
Joan L. Flynn,Qi1y Clerk Ci Clerk and ex-officio laerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California