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HomeMy WebLinkAboutOrdinance #3858 ORDINANCE NO. 3858 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 210 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED RESIDENTIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 210.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 210.04 RL, RM, RMH, RH, and RMP Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in residential districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. (3334-6/97,3410-3/99) "P!U" designates that accessory uses are permitted, however, accessory uses are subject to approval of a conditional use permit if the primary use requires a conditional use permit. (3334-6/97,3410-3/99) Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. 09-2302/40773 1 Ordinance No. 3858 RL, RM, RMH, RH, and P = Permitted RMP DISTRICTS: L = Limited(see Additional Provisions) (3334-6/97) LAND USE CONTROLS PC = Conditional use permit approved.by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary Use Permit P/U = Requires conditional use permit on site of conditional use = Not Permitted RL RM RMH RMP Additional RH Provisions Residential Uses (A)(M)(Q) (3334F(97, 3410-3/99) Day Care, Ltd. P P P P Group Residential - - PC - Multi-family Residential (B)(C)(D)(R) (3410-3199, 3455-5/00) 2 - 4 units ZA P P - (3334-6/97, 3410-3/99) 5 - 9 units ZA ZA ZA - (3334-6197, 3410-3/99) 10 or more units PC PC PC - (3334-6/97, 3410-3/99) Manufactured Home Parks ZA ZA - ZA (E)(F) Residential, Alcohol Recovery, Ltd. P P P P Residential Care, Limited P P P P Single-Family Residential P P P P (B)(D)(F)(P)(R)(S) (3334-6/97, 3410-3/99, 3455-5/00, 3832-7/09) Supportive Housing L-7 L-7 L-7 L-7 Transitional Housing L-7 L-7 L-7 L-7 Public and Semipublic (A)(0) (3334-6/97, �+ 3410-3/99) Clubs & Lodges PC PC ZA ZA (3334-6/97, 3410-3/99) Day Care, Large-family L-6 L-6 L-6. L-6 (3334-6/97, 3761-2/07) Day Care, General L-1 ZA ZA ZA (3334-6/97, 3410-3199) Park& Recreation Facilities L-2 L-2 L-2 L-2 (3334-6/97, 3410-3199) Public Safety Facilities PC PC PC PC Religious Assembly L-3 PC PC PC (3334-6/97, 3410-3/99) Residential Care, General - L-1 PC PC (3334-6/97, 3410-3/99) Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities, Minor P P P P 09-2302/40773 2 Ordinance No. 3858 Commercial Communication FacilitiesL-5 L-5 L-5L-5 (3568-9/02) Horticulture ZA ZA ZA ZA (3410-3199) Nurseries ZA ZA ZA ZA (3410-3/99) Visitor Accommodations Bed and Breakfast Inns - - L-4 - (3334-6197, 3410-3/99) Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) (3334-6/97, 3410-3/99) Temporary Uses M M) (3334-6197, 3410-3199) Commercial Filming, Limited P P P P Real Estate Sales P P P P (N) (3334-6197, 3410- 3/99,3706-6/05) Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) RL,RM,RMH,1H, and 1MP Districts: Additional Provisions L-1 A conditional use permit from the Planning Commission is required and only allowed on lots 1.0 acre (gross acreage) or greater fronting an arterial in RL District. L-2 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for private noncommercial facilities, including swim clubs and tennis clubs. L-3 A conditional use permit from the Planning Commission is required, and only schools operating in conjunction with religious services are permitted as an accessory use. A General Day Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning Commission finds that it would be compatible with adjacent areas and not cause significant traffic impacts. L-4 A conditional use permit from the Zoning Administrator is required and only allowed on lots 10,000 sq. ft. or greater in RMH-A subdistrict. See also Section 230.42: Bed and Breakfast Inns. L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. L-6 Neighborhood notification is required pursuant to Section 241.24. No architectural plans shall be required. L-7 Supportive Housing and Transitional Housing shall be considered a residential use of property and shall be subject only to those restrictions and processing 09-2302/40773 3 Ordinance No. 3858 requirements that apply to other residential dwellings of the same type in the same zone. (A) Any addition or modification subsequent to the original construction that would result in an increase in the amount of building area, or a structural or architectural alteration to the building exterior, shall require an amendment to the previously approved conditional use permit, if any, or approval of a new conditional use permit. (B) A conditional use permit from the Planning Commission is required for residential uses requesting reduction in standards for senior citizens (See Section 210.08), for affordable housing (See Sections 210.10 and 230.14), or for density bonus (See Section 230.14). (C) A conditional use permit from the Zoning Administrator is required for any multiple family residential development that: (1) abuts an arterial highway; (2) includes a dwelling unit more than 150 feet from a public street; or (3) includes buildings exceeding 25 feet in height. (D) See Section 210.12: Planned Unit Development Supplemental Standards. In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 235. (E) See Section 210.14: RMP District Supplemental Standards. In addition, Neighborhood Notification pursuant to Chapter 241 is required for the addition of manufactured home space(s)to an existing Manufactured Home Park. (F) See Section 230.16: Manufactured Homes. (G) See Section 230.12: Home Occupation in R Districts. (H) See Section 230.08: Accessory Structures. (1) See Section 230.10: Accessory Dwelling Units. RI,, RM,RMH,RH, and RMP Districts: Additional Provisions (J) See Section 241.20: Temporary Use Permits. (K) See Chapter 236: Nonconforming Uses and Structures. (L) See Chapter 233: Signs. (M) Tents, trailers, vehicles, or temporary structures shall not be used for dwelling purposes. (N) See Section 230.18: Subdivision Sales Offices and Model Homes. (0) Limited to facilities on sites of fewer than 2 acres. 09-2302/40773 4 Ordinance No. 3858 (P) See Section 230.22: Residential.Infill Lot Developments. (Q) See Section 230.20: Payment of Parkland Dedication In-Lieu Fee. (R) Small lot development standards for RM, RMH, and RH Districts. A conditional use permit from the Planning Commission is required for small lot residential subdivisions, including condominium maps for detached single family dwellings. See also Section 230.24: Small Lot Development Standards. (S) See Coastal Element Land Use Plan, Table C-2, for permitted uses, development requirements and restrictions applicable to development within Subarea 4K as depicted in Figures C-6a and C-10 of the Coastal Element Land Use Plan. Subdivision design and development within Subarea 4K shall incorporate the information from the plans and studies required in Table C-2 for development of that Subarea. If there is a conflict between the requirements and restrictions of Table C-2 and other provisions of the Zoning and Subdivision Ordinance, the requirements and restrictions included in Table C-2 shall prevail. SECTION 2. All other provisions of Chapter 210 not modified herein shall remain in full force and effect. SECTION 3. 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 19 th day of J a n u ary ,X�()0( 2010. Ma or ATTEST: APPROVED AS TO FORM: C_14&� City Clerk V City Attorney � REVIEW APPROVED: INITIAT AND APPROVED: CitytAdfritistrator irector of Planning 09-2302/40773 5 Ord. No. 3858 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 December 21, 2009, and was again read to said City Council at a regular meeting thereof held on January 19,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Coerper 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 January 28,2010. In accordance with the City Charter of said City J'L0"0- a Joan L. Flynn,City Clerk NY Clerk and ex-officioYlerk senior Deputy city clerk of the City Council of the City of Huntington Beach, California