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HomeMy WebLinkAboutOrdinance #3885 ORDINANCE NO 3885 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING SECTION 210 06 PROPERTY DEVELOPMENT STANDARDS AND 210 12 PLANNED UNIT DEVELOPMENT SUPPLEMENTAL STANDARDS AND PROVISIONS (ZONING TEXT AMENDMENT NO 09-008) WHEREAS pursuant to the California State Planning and Zoning Law the Huntington Beach Planning Commission and Huntington Beach City Council have held separate duly noticed public hearings to consider Zoning Text Amendment No 09-008, which amends Sections 210 06, Property Development Standards and 210 12 Planned Unit Development Supplemental Standards and Provisions of the Huntington Beach Zoning and Subdivision Ordinance permitting tandem parking configurations for Planned Unit Developments in residential zoning districts 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 210 06 and 210 12 of the Huntington Beach Zoning and Subdivision Ordinance are hereby amended to read as set forth in Exhibit A SECTION 2 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 19 t h day of July 20 10 ATTEST City Jerk ayVZ..W INITIA ED ND APPROVED Director of Planning and Bu Idmg REVIE AND APPROVED APPROVED AS TO FORM Ci A inistrator ryy�ity Attorney i �'1to Exhibit A Legislative Draft 09 2349/42729 Ordinance No 3885 LEGISLATIVE DPAS No 3885 Chapter 210 Residential Districts (3268 12/94 3334-6/97 3410 3/99 3455 5/00 3568 9/02 3706-6/05 3724 02/06 3761 2/07 3832 7/09) Sections 21002 Residential Districts Established 21004 RL,RM, RMH, RH, and RMP Districts Land Use Controls 21006 RL, RM,RMH, RH, and RMP Districts Property Development Standards 21008 Development Standards for Senior Projects 21010 Modifications for Affordable Housing 21012 Planned Unit Development Supplemental Standards and Provisions 21014 RMP District Supplemental Development Standards 21016 Review of Plans 21002 Residential Distracts Established The purpose of the residential districts is to implement the General Plan and Local Coastal Program Land Use Plan residential land use designations Five(5) residential zoning districts are established by this chapter as follows (3334 6/97) A The RL Low Density Residential District provides opportunities for single-family residential land use in neighborhoods subject to appropriate standards Cluster development is allowed Maximum density is seven(7)units per acre B The RM Medium Density_Residential District provides opportunities for housing of a more intense nature than single-family detached dwelling units, including duplexes, triplexes town houses, apartments, multi-dwelling structures, or cluster housing with landscaped open space for residents' use Single-family homes, such as patio homes, may also be suitable Maximum density is fifteen(15) units per acre C The RMH Medium High Density Residential District provides opportunities for a more intensive form of development than is permitted under the medium density designation while setting an upper limit on density that is lower than the most intense and concentrated development permitted in the City One subdistrict has been identified with unique characteristics where separate development standards shall apply RMH-A Small Lot Maximum density is twenty-five (25) units per acre D The RH High Density Residential District provides opportunities for the most intensive form of residential development allowed in the City, including apartments in garden type complexes and high rise where scenic and view potential exists, subject to appropriate standards and locational requirements Maximum density is thirty-five (35)units per acre E The RMP Residential Manufactured Home Park District provides sites for mobile home or manufactured home parks, including parks with rental spaces and parks where spaces are individually owned Maximum density is nine (9) spaces per acre Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 1 LEGISLATIVE DRAFTe No 3885 21004 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 Planing 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 (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 2 LEGISLATIVE D e No 3885 RL,RM,RMH,RII, and P = Permitted RW 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 Uses llses (A)(M)(Q) (3334.6/97 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 - (33345/97 34103/99) 10 or more units PC PC PC - (3334-6197 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 3199 34555/00 3832 7/09) Public and Semipublic (A)(0) (3334-6/97 3410-3/99) Clubs & Lodges PC PC ZA ZA (33345/97 3410 3199) 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 (33345/97 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 (333"197 3410-3199) Schools, Public or Private PC PC PC PC Utilities, Major PC PC PC PC Utilities, Minor P P P P Commercial Communication Facilities L-5 L-5 L-5 L-5 (3568 9/02) Horticulture ZA ZA ZA ZA (3410 3199) Nurseries ZA ZA ZA ZA (3410 3199) Visitor Accommodations Bed and Breakfast Inns - - L-4 - (3334-6197 3410 3199) Accessory Uses P/U P/U P/U P/U (A)(G)(H)(I)(L)(M) (3334-6/97 M10 3/99) Temporary Uses M(M) (3334-6/97 3410 3199) Commercial Filming, Limited P P P P Real Estate Sales P P P P (N) (3334-6/97 3410 3/99 3706-6/0 Personal Property Sales P P P P Street Fairs TU TU TU TU Nonconforming Uses (K)(L) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 3 LEGISLATIVE I) r e No 3885 RL, RM,RMH,R HI, and RMP Districts Additional Provisions L-1 A conditional use pernut from the Planning Commission is required and only allowed on lots 10 acre(gross acreage)or greater fronting an arterial in RL District (3410 3/99) 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 (3334 6/97 3410 3/99) 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 (3334 6/97 3410 3199 3724 02/06) 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 (3334-6/97 3410 3/99 3706-6/05) L-5 Only wireless communication facilities permitted subject to section 230 96 Wireless Communication Facilities (3568 9/02) L-6 Neighborhood notification is required pursuant to Section 24124 No architectural plans shall be required (3761 2/07) (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 (3334 6197 3410 3/99 3761 2107) (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 (3334-6/97 3410 3/99) (D) See Section 210 12 Planned Unit Development Supplemental Standards In addition, a conditional use permit is required for condominium conversion pursuant to Chapter 23 5 (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 (3334-6/97 3410 3199 3706-6/05) (F) See Section 230 16 Manufactured Homes (G) See Section 230 12 Home Occupation in R Districts (H) See Section 230 08 Accessory Structures (I) See Section 230 10 Accessory Dwelling Units Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 4 LEGISLATIVE D fie No 3881 RL,RM, RMH,RH,and RMP Districts additional Provisions (J) See Section 24120 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 (3334 6/97 3410-3/99) (N) See Section 230 18 Subdivision Sales Offices and Model Homes (3334-6/97 3410 3/99) (0) Limited to facilities on sites of fewer than 2 acres (3334 6/97 3410 3/99) (P) See Section 230 22 Residential Infill Lot Developments (3334 6197 3410 3/99) (Q) See Section 230 20 Payment of Parkland Dedication In-Lieu Fee (3410 3/99) (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 (3455 5/00) (S) See Coastal Element Land Use Plan Table C-2 for pen pitted 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 (3832 7/09) 21006 RL,RM,RMH,RBI, and RMP Districts Property Development Standards The following schedule prescribes development standards for residential Zoning districts and subdnstrncts designated on the Zoning map The columns establish basic requirements for permitted and conditional uses, letters in parentheses in the "Additional Provisions" column refer to "Additional Development Standards" following the schedule In calculating the number of units permitted on the site, density is calculated on the basis of net site area Fractional numbers shall be rounded down to the nearest whole number except that one dwelling unit may be allowed on a legally created lot complying with minimum lot area All required setbacks shall be measured from ultimate right-of-way and in accordance with the definitions set forth in Chapter 203, Definitions Any new parcel created pursuant to Title 25, Subdivisions, shall comply with the minimum building site requirements of the district in which the parcel is located unless approved as a part of a Planned Unit Development Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 5 LEGISLATIVE DRe No 3885 Property Development Standards for Residential Districts RL RM RMH-A RMH RH RMP Additional Subdistrict Provisions Minimum Building Site 6,000 6,000 2,500 6,000 6,000 10 ac (A)(B)(C) (3410-3199) Width(ft) 60 60 25 60 60 N/A (333"/97 3410-3/99) Cul de sac frontage 45 45 - 45 45 N/A (333"/97 3410_3199) Minimum Setbacks (D)(R) (3334-6/97 3410-3199) Front(ft) 15 15 12 10 10 10 (E)(F) (3334-M7 3410-3/99) Side(ft) 3,5 3,5 3,5 3,5 3,5 - (G)(I)(J) (333"/97 3410-3199) Street Side (ft) 6,10 6,10 5 6,10 6,10 10 (H) (3334-0/97 3410-3/99) Rear(ft) 10 10 75 10 10 - (I)(J) Accessory Structure (3334-6/97 3410-3/99) Garage (K) (3334-/97 34103M9) Projections into Setbacks (L)(R) (3334-8/97 3410-3/99) Maximum Height (ft) Dwellings 35 35 35 35 35 20 (M) (333"/97 3410-3/99) Accessory Structures 15 15 15 15 15 15 (M)(R) (3410-3/99) Maximum Floor Area - - 10 - - - (3334-6/97 3410-3/99) Ratio (FAR) (3410-3/99) Minimum Lot Area per Dwelling Unit (sq ft) 6,000 2,904 * 1,742 1,244 - (333"/97 3410-3199) Maximum Lot Coverage (%) 50 50 50 50 50 75 (V) (3334-6197 3410-3/99) Minimum Floor Area (N) (3334-&97 34103/99) Minimum Usable Open Space (0) Courts (P) (3334-&97 3410-3199) Accessibility within Dwellings (Q) (3410-3/99) Waterfront Lots (R) (333"/97 3410 3199) Landscaping See Chapter 232 (S) (3334-&97 3410-3/99) Fences and Walls See Section 230 88 Lighting (T) (3334-fi197 34103199) Underground Utilities See Chapter 17 64 Screening of Mechanical Equipment See Section 230 76 Refuse Storage Areas See Section 230 78 (3410-3/99) Antenna See Section 230 80 (34103/99) Performance Standards See Section 230 82 Off-Street Parking and Loading See Chapter 231 & Section 210 12 Signs See Chapter 233 Nonconforming Structures See Chapter 236 Accessory Structures See Chapter 230 08 (370"/05) * Lots 50 feet or less in width= 1 unit per 25 feet of frontage Lots greater than 50 feet in width= 1 unit per 1900 square feet N/A=Not applicable Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 6 LEGISLATIVE DkA No 3885 RL,RM,RMH,RH, and RMP Districts Additional Development Standards (A) See Section 230 62 Building Site Required and Section 230 64 Development on Substandard Lots (B) See Section 230 66 Development on Lots Divided by District Boundaries (C) The minimum lot area shall be 12,000 square feet for General Day Care, General Residential Care, and Public or Private Schools, except minimum lot area for General Day Care in the RL district shall be one (1)gross acre (3334-6/97 3410 3/99) (D) Building Separation The minimum spacing between buildings including manufactured home units shall be 10 feet (3334 6/97 3410 3/99) (E) Variable Front Setback for Multi-family Projects Projects with more than 4 units in the RM District,more than 8 units in the RMH District or more than 14 units in the RH District shall provide a minimum setback of 15 feet from any public right-of-way Minimum 50%of the garages shall be set back 20 feet from the front property line (See Section 210 12B )(3334-6/97 3410 3/99) (F) Upper-story Setbacks for Multi-family Structures The covered portion of all stones above the second story in any multi-family structure shall be set back an average of 10 feet from the second floor front facade (see Exhibit) (333"/97 3410 3/99) til average 10'setback D QO 0 � Q � D D � 00 D � 0 � 0 D 210 UPSS PCX UPPER STORY SETBACK Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 7 LEGISLATIVE I)WvWe No 3885 RI,,RM, RMH,RH, and RMP Districts Additional Development Standards (G) Interior Side Setback (1) In the RL, RM, RMH, including RMH-A subdistrict, and RH Districts, interior side setbacks shall be mimmum 10% of lot width,but not less than 3 feet and need not exceed 5 feet, except as stated below (3334 6/97 3410 3/99) (2) For projects in the RM, RMH, including RMH-A subdistrict, and RH Districts adjoining an RL District, interior side setbacks shall be at least (a) 10 feet for units in single-story or two-story buildings (b) 14 feet for units above two stories Subject to approval of a conditional use permit,the Zoning Administrator or the Planning Commission, may approve upper-story setbacks in lieu of an increased side setback if the second and third stories are set back the required distance (3334 6/97 3410 3/99) (H) Street Side Setbacks (1) In the RL, RM, RMH (excluding RMH-A subdistrict), and RH districts,the street side yard shall be 20 percent of the lot width minimum 6 feet and need not exceed 10 feet (333"197 3410 3/99) (2) In the RMH-A subdistrict street side setback shall be minimum 5 feet (3410 3199) (3) For projects with 10 or more multi-family units (including RMH-A subdistrict),the street side setback shall be the same as the front setback (3334-6/97 3410 3/99) (I) Building Walls Exceeding 25 Feet in Height The required interior side or rear setback adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof and located on a lot 45 feet wide or greater shall be increased three feet over the basic requirement (3334 6/97 3410 3/99) Q) Zero Side or Rear Setback (1) A zero interior side setback may be permitted provided that the opposite side setback on the same lot is mimmum 20% of the lot width, not less than 5 feet and need not exceed 10 feet, and shall be subject to the requirements listed in subsection(3)below (3334 6/97 3410 3199) (2) A zero rear setback may be permitted provided that the opposite rear setback for the adjacent lot is either zero or a minimum of 10 feet, and subject to the requirements listed in subsection(3) below (3334 6/97 3410 3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 8 LEGISLATIVE DkAfflTe No 3885 RI,,RM,RMH, RH, and RMP Districts Additional Development Standards (3) A zero side or rear setback may be permitted subject to the following requirements (3334 6/97 3410 3/99) (a) The lot adjacent to the zero side or rear setback shall either be held under the same ownerslup at the time of application or a deed restriction or agreement approved as to form by the City Attorney shall be recorded giving written consent of the adjacent property owner (3334-6/97) (b) A maintenance easement, approved as to form by the City Attorney, shall be recorded between the property owner and the owner of the adjacent lot to which access is required in order to maintain and repair a zero lot line structure Such easement shall be an irrevocable covenant running with the land No building permits shall be issued until such recorded maintenance easement has been submitted (3334 6/97) (c) Separation between the proposed structure and any structure on an adjacent lot shall either be zero or a mimmum of 5 feet (3334-6197 3410 3/99) (d) No portion of the dwelling or any architectural features shall project over the property line (3334-6/97) (e) The zero setback shall not be adjacent to a public or private right-of-way (3334-6/97) (f) Exposure protection between structures shall be provided as specified by the Fire Department and Building Division (3334-6/97) (4) Double zero side setbacks may be permitted for planned unit development projects subject to approval of a conditional use permit and compliance with Section 210 12 B (3334 6/97 3410 3199) (K) Garage Setbacks Setbacks for the main dwelling shall apply, except as specifically stated below (1) Front entry garage-20 feet (2) Side entry garage- 10 feet (3) Garage with alley access- 5 feet For garages with rear vehicular access from an alley and located on a lot 27 feet wide or less, the side setback adjacent to a street or another alley may be reduced to 3 feet A minimum 25 foot turning radius is required from the garage to the opposite side of the street, alley, drive aisle or driveway (3334-6197 3410 3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 9 LEGISLATIVE D a No 3885 RL,RM, RM H,RII, and RMP Districts Additional Development Standards ! ATTACHED FRONT ! t ENTRY GARAGE 1 I I I Property line ! i ! I I I I I Mmunum 20' from I garage to property line Street Sidewalk r — — — — — — — — — , I ! ! ATTACHED SIDE I ENTRY GARAGE I ! i Property Line ! ! i ! Mi imum 10' from i I garage to property line Li_ Min 25' Street 4_� Sidewalk Radius / Property line Alley — Minimum 25' from garage to property line on the other side of the existing alley r — , =Minimum 5' from i ! garage to property line I I t ! 1 ! I Property line ! I ! GARAGE WITH ENTRY FROM REAR ALLEY t i I ! a Sidewalk Street Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 10 LEGISLATIVE D e No 3885 RL,RM,RMH,Rid, and RMP Districts Additional Development Standards (L) Projections into Setbacks (1) See Section 230 68 Building Projections into Yards (2) Balconies and bay windows may project into required setbacks and usable open space areas subject to Section 230 68, provided that balconies have open railings, glass, or architectural details with openings to reduce visible bulk Balconies composed solely of solid enclosures are not allowed to project into required setbacks (333"197 3410 3/99) (M) Height Requirements See Section 230 70 Measurement of Height, and Section 230 72 Exceptions to Height Limits (1) Single Family Dwellings in all residential districts, except lots in the RMH-A subdistrict with less than 50 feet of frontage shall comply with the following standards (3334 6197 3410 3/99) (a) Second story top plate height shall not exceed twenty-five(25) feet measured from the top of the subfloor/slab directly below (3334 6/97 3410 3/99) (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty (30) feet (3334 6/97 3410-3/99) (c) Maximum building height for Main Dwellings shall be thirty-five (35) feet however Main Dwellings exceeding thirty (30) feet in height shall require approval of a Conditional Use Permit by the Zoning Administrator (3268 12/94)(3334 6/97) (d) Habitable area, which includes rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions (3334-6/97 3410-3/99) (1) Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are set back five (5) feet from the building exterior and do not exceed the height limits as stated above (3334 6/97) (2) Windows and deck areas above the second story plate line shall orient toward public rights-of-way only (333"/97 3410 3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 11 LEGISLATIVE DkAprNo 3885 Dormers decks and other architectural features must Habitable Areas are be setback 5 from • confined within the building exterior roof volume • accessed from within the main dwelling • subject to conditional 5 use permit approval HABITABLE AREA ABOVE SECOND STORY TOP-PLATE LINE FOR SINGLE FAMILY DWELLINGS IN ALL RESIDENTIAL DISTRICTS EXCEPT RMH-A SUBDISTRICT (3410 3/99) (e) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited (3334-6/97 3410 3/99) Two vertical cross-sections through the property(front-to-back and side-to-side)that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection (333"/97 3410 3199) (2) Single Family Dwellings in the RMH-A subdistrict on lots with less than 50 feet of frontage shall comply with the following standards (333"/97 3410 3/99) (a) Second story top plate height shall not exceed twenty-five(25) feet measured from the top of the subfloor/slab directly below (3334-6/97 3410 3199) (b) Roofs shall have a minimum 5/12 pitch if building height exceeds thirty (30) feet (3334-6/97) (c) In the front and rear 25 feet of the lot, maximum building height for all structures, including railings and architectural features, shall be 25 feet Otherwise, maximum building height shall be 35 feet (3334 6/97 3410 3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 12 LEGISLATIVE WtArp No 3885 Front Property Line I I I I I I I 35 maxunum I 25 maxmium I height at top I height in the I of roof I F front and rear 25 of 25 I the lot 1 I I Street I 1 Rear 1 25 25 I Property Line MAXIMUM BUILDING HEIGHT FOR SINGLE FAMILY DWELLINGS ON LOTS LESS THAN 50 FEET WIDE IN RMH-A SUBDISTRICT (d) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited (3334-6/97 3410-3/99) Two vertical cross-sections through the property (front-to-back and side-to-side)that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection (3334-6/97 3410 3/99) (3) Accessory Structures See Section 230 08 Accessory Structures Accessory structures located on projecting decks abutting a waterway shall comply with the height established in subsection(R) (3334 6/97 3410 3/99) (4) Recreation Buildings The maximum height of a recreation building for multi-family, planned residential, and mobile home park projects shall be established by the conditional use permit (3334 6/97) (N) Minimum Floor Area Each dwelling unit in a multi-family building and attached single family dwellings shall have the following n mmum floor area Unit Type Minimum Area(Square Feet) Studio 500 one bedroom 650 two bedrooms 900 three bedrooms 1,100 four bedrooms 1,300 All detached single family dwellings shall have a minimum 1,000 square feet of floor area not including the garage and shall be a minimum of 17 feet in width (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 13 LEGISLATIVE DRAPP No 3885 RL,RM, 1tMH,RIB,and RMP Districts Additional Development Standards (0) Open Space Requirements (1) The muumum open space area(private and common)for multi-family residential projects in RM, RMH, including RMH-A subdistrict, and RH Districts shall be 25% of the residential floor area per unit(excluding garages) (333"/97 3410 3/99 3706 06/05) (2) Private Open Space (a) Private open space shall be provided in courts or balconies within wluch a horizontal rectangle has no dimensionless than 10 feet for courts and 6 feet for balconies A mimmum patio area of 70 square feet shall be provided within the court (3334 6/97) (b) The following minimum area shall be provided Unfit'Type Minimum Area(Sq Ft) Units Above Ground Floor Units Ground Floor Studio/1 bedroom 200 60 2 bedrooms 250 120 3 bedrooms 300 120 4 or more bedrooms 400 120 (3334 6/97) (c) Private open space shall be contiguous to the unit and for the exclusive use of the occupants Private open space shall not be accessible to any dwelling unit except the unit it serves and shall be physically separated from common areas by a wall or hedge exceeding 42 inches in height (3334-6/97 3410 3/99) (d) A maximum of 50%of the private open space requirement, may be on open decks above the second story subject to approval of a conditional use permit by the Zoning Administrator, provided that no portion of such deck exceeds the height limit (3410 3/99 3706-6/05) (e) Patio and balcony enclosures within existing planned developments or apartment complexes shall be subject to the following conditions (3706 6/05) 1 A maximum of one enclosure per unit shall be allowed (3706-6/05) 2 The existing balcony or patio area shall not be enlarged (3706-6105) 3 The balcony or patio enclosure shall comply with the current setback and height requirements for the district in which the site is located (3706-6/05) 4 The enclosure shall consist entirely of transparent materials, i e ,no solid walls or opaque walls, except an existing solid roof may be part of the enclosure (3706 6/05) 5 No structural change shall occur to the interface wall and doorway between the enclosure and the adjacent inside room of the building,unless the balcony/patio is replaced with equivalent unenclosed area for use as private open space (3706-6/05) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 14 LEGISLATIVE Dfo&rNo 1111 6 The enclosed area shall be considered as private open space and may be counted toward current private open space requirements (3706 6/05) 7 Required egress for fire escape routes shall be maintained (3706 6/05) (3) Common Open Space (a) Common open space, provided by interior side yards, patios, and terraces, shall be designed so that a horizontal rectangle has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways,parking areas or area required for front or street side yards (3334-6/97 3410 3/99 370&06/05) (b) Projects with more than 20 units shall include at least one amenity, such as a clubhouse, swimming pool,tennis court, volleyball court, outdoor cooking facility, or other recreation facility (3334 6/97 3410 3/99 3706 06/05) (4) The Director may allow a reduction in the open space requirement to 10%of the livable area per unit for projects with less than 10 units and located within walking distance of 1,000 feet of a public park or beach (3334-6/97 3410 3/99) (P) Courts Opposite Windows in RM, RMH, and RH Districts(excluding the RMH-A sub- district) Courts shall be provided in all multi-family projects in the RM RMH, and RH Districts subject to the following requirements (3334-6/97 3410 3/99) (1) Courts Opposite Walls on the Same Site The minimum depth of a court shall be one-half the height of the opposite wall but not less than 20 feet opposite a living room and 14 feet opposite a required window for any other habitable room(see diagrams below) (3334-6/97 3410 3/99) (2) Courts Opposite Interior Property Line The minimum distance between a required window of a habitable room and a property line shall be 10 feet (3334 6/97 3410 3/99) (3) Court Dimensions Courts shall be minimum 20 feet wide(mimmum 10 feet on either side of the centerline of the required window)and shall be open to the sky Eaves may project a maximum 2 feet into a court (3334 6/97 3410 3/99) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 15 LEGISLATIVE DftkpTe No 3881 RL,IM,RNM,RH,and RMP(Districts Additional(Development Standards Section A 1 Section B 1 Section C 1 Living room 1 ' window 1 I 1/2 Height of 20 8 14 ft Oppostt wall Not less than 14 fL i Livmg room window 1 Living room 1 window , 1 h Living roomLI.V Living room Living room windowwindow window 20 ft Section A Section B Other room window Other room window 14ft Section C y7g�r�. OPPOSITE WINDOWS �10-CRT CDR (3334 6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 16 LEGISLATIVE DRA19FNo 388' RI,,RM,RMH, 1111, and RI P Districts Additional Development Standards (Q) All habitable rooms in a dwelling unit must be accessible from within the dwelling (3334-6/97 3410 3/99) (R) Waterfront Lots Projecting decks, windscreens, fencing, patio covers and solanums on waterfront lots may be permitted subject to the development standards set forth in this Chapter, Chapter 245, Chapter 17 24, and the following requirements (3334-6/97) (1) Projecting Decks Decks on waterfront lots may project 5 feet beyond the bulkhead provided the decks comply with the side setbacks required for the main dwelling (3334- 6/97 3410 3/99) (2) Windscreens Windscreens may be permitted if constructed of light-weight materials such as plastic, canvas, fiberglass, tempered glass or metal, except for necessary bracing and framing The maximum height for windscreens shall be 7 feet above the finished surface of the deck at the bulkhead line (3334-6/97) (3) Fencina All portions of fencing within the required rear setback area shall comply with Chapter 230 88 and the visibility provisions below (3334 6197 3410 3199) (4) Solanums Solanums(patio enclosures)may project a maximum of 30 inches over the bulkhead In all cases, the solarium shall maintain a 45 degree (45°)visibility angle as measured from the main dwelling building line extended to the side property line The maximum height shall not exceed the top of the first floor ceiling joist (3334-6/97 3410 3/99) (5) Patio Covers Patio covers (including eaves) may be permitted to project 5 feet into the rear yard setback, however, construction materials shall allow compliance with visibility provisions below (3334-6/97 3410 3/99) (6) Visibili The portion of any windscreen fence or patio cover in the rear yard setback or solarium above 36 inches in height shall be composed of materials and design which allow a minimum of 85%transmission of light and visibility through the structure in each direction when viewed from any angle (3334 6/97) (7) Removal Decks, solariums and windscreens projecting over waterways which do not comply with the above provisions may be removed by the city upon 30-days' written notice Such projections are declared to be a privilege which can be revoked for noncompliance and not a vested right (3334-6/97) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 17 LEGISLATIVE D No 3885 RL,RM,RMII,RII,and RMP Districts Additional Development Standards Bulkhead Solarium Projecting deck 2 1/2' Max 5 ° •^ 450 45 e e • 5'• min house louse 5 � min f • • Properly line 1 gin ianrno WATERFRONT LOT PROJECTIONS (3334 6/97) (S) Landscaping (1) A minimum 40%of the front yard shall be landscaped For single family residences in the RMH-A subdistrict, a minimum 3 foot wide landscape planter along the front property line (excluding max 5 ft wide walkway)may be provided in lieu of the 40% requirement A maximum 18 inch high planter wall may be constructed along the front property line (3334-6/97 3410 3/99) (2) All required trees specified in Chapter 232 shall be provided (3410 3/99) (3) All subdivisions shall provide a minimum 5 foot wide landscaped area along arterial street/highway property lines The actual required width shall be determined during the planning process Maintenance of said landscaped area shall be by a homeowners association, property owner or other method approved by the City of Huntington Beach (3334-6/97 3410 3/99) (T) Li_ghhng A lighting system shall be provided in all multi-family projects along all vehicular access ways and major walkways Lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties A lighting plan shall be submitted for approval by the Director (3334 6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 18 LEGISLATIVE No 3885 RL,,RM,RMH,RH, and RMP Distracts Additional Development Standards (U) See Section 230 08 Accessory Structures (3334-6/97 3410 3/99) (V) Solid patio covers open on at least 2 sides may be permitted an additional 5% site coverage Open lattice patio covers are exempted from site coverage standards (3410 3/99) 21008 Development Standards for Senior Projects This section establishes development standards for Senor Residential Projects that may be permitted by the Planning Commission (3334 6/97 3410 3/99) A Minimum Floor Area Each dwelling unit shall have a minimum floor area of 450 square feet (3334-6/97 3410 3/99) B Minimum Setbacks The project shall comply with the minimum setback requirements of the district applicable to the site (3334-6/97) C Minimum Distance between Buildings Minmum building separation shall be 10 feet (3334 6/97 3410 3/99) D Building Design No structure shall exceed 180 feet in length To provide variation in building facades,two of the following architectural elements are required as part of each building sloped roofs, bay windows, awnings, roof eaves cornices, balconies, or patios (3334-6/97) E Open Space Requirements (3334-6/97 3410 3/99) 1 Private Open Space A minimum of 60 square feet of private open space for studios or one bedroom units and 120 square feet for two or more bedrooms with minimum dimensions of 6 feet (3334 6/97 3410 3199) 2 Common Open Space A minimum of 2 500 square feet for the first 50 units, and an additional 50 square feet for each unit over 50 (3334 6/97 3410 3/99) 3 Commum1y Club House An enclosed community or clubhouse facility containing mimmum 7 square feet per unit, and a total area of minimum 400 square feet, may satisfy up to 50% of the common open space requirement The clubhouse shall include handicapped bathrooms and kitchen facilities to be used by project residents and their guests only (3334 6/97 3410 3/99) F Elevators Buildings with more than 2 levels, including living areas or parking, shall have elevators (3334 6/97) G Parking Parking shall comply with Chapter 231 Any parking space over and above the one space per unit shall be marked for guest use (3334 6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 19 LEGISLATIVE Dft No 3885 RL,RM, RMD,RH, and RMP Districts Additional Development Standards 21010 Modifications for Affordable Dousing The Planning Commission may approve a conditional use permit modifying the minimum property development standards in this chapter for affordable housing, as provided in Section 230 14 The proposed modifications shall be requested in writing by the applicant,accompanied by a detailed pro- forma,rental guidelines, deed restrictions, financial subsidies, and other types of documentation which will serve to demonstrate the need for a reduction of development standards Modifications to the standards may include, but are not limited to, the parking requirements and open space The specific standard(s) from which the applicant is requesting relief shall be identified and alternative development standard(s)proposed (3334-6/97 3410 3/99) 21012 Planned Unit Development Supplemental Standards and Provisions This section establishes supplemental development standards and provisions that shall apply to all planned unit developments (3334-6/97) A Planned Unit Development shall provide a mutual benefit for the residents of the project as well as the general public Examples of public benefits that may be provided in a Planned Unit Development include, but are not limited to the creation of permanent open space, usable and appropriately located recreation facilities, the conservation of natural elements, land features and energy, and other public improvements A Maps A tentative and final or parcel map shall be approved pursuant to Title 25, Subdivisions (3334 6/97) B Project Design 1 Driveway parking for a minimum of fifty percent of the units shall be provided when units are attached side by side (3334-6/97) 2 A maximum of six units may be attached side by side and an offset on the front of the building a mimmum of four(4) feet for every two units shall be provided (3334-6/97) 3 A minimum of one-third of the roof area within a multi-story, multi-umt building shall be one story less in height than the remaining portion of the structure's roof area (3334-6/97) 4 The number of required parking spaces for each dwelling unit shall be provided in accordance with Chapter 231 In addition, one or more of the following alternative parlung configurations may be permitted in a Planned Unit Development if it is determined that such configuration and location thereof will be accessible and useful in connection with the proposed dwelling unfits of the development a Required enclosed spaces may be provided in a tandem configuration provided that the minimum parlung space dimensions comply with Section 23114 b Required open spaces may be provided with a combination of off-street and on-street spaces as long as the total number of required parlung spaces is provided with the development site Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 20 LEGISLATIVE DRA4We No 3885 Ri.,RM,RMH, RH, and RMP Districts Additional Development Standards C Common Areas Every owner of a lot or dwelling unit shall own as an appurtenance to such unit or lot either an undivided interest in the common areas and facilities or a share in the corporation, community association,or limited partnership owning the common areas and facilities (3334 6/97) D Covenants The developer shall submit a covenant setting forth a plan or manner of permanent care and maintenance of all common areas and communal facilities Such covenant shall be included in the Covenant,Conditions,and Restrictions(CC&Rs) applying to the property and shall be approved by the City Attorney and Director The CC&R's shall be approved prior to final or parcel map approval and when approved shall be recorded in the office of the Orange County Recorder (3334 6/97) E Maintenance The corporation, community association, or limited partnership shall have the responsibility of maintaining the common areas and facilities as shown on the final development plans,the buildings and use of property for planned unit development (3334 6/97) F Sale of Lots No dwelling unit or lot shall be sold or encumbered separately from an interest in the common areas and facilities in the development which shall be appurtenant to such dwelling unit or lot No lot shall be sold or transferred in ownership from the other lots in the total development or approved phase of the development unless all approved community buildings, structures and recreational facilities for the total development, or approved phase thereof have been completed, or completion is assured by bonding or other method satisfactory to the City (3334-6/97) G Management Agreement No lot or dwelling unit in the development shall be sold unless a corporation community association or limited partnership has been formed with the right to assess all those properties which are jointly owned with interests in the common areas and facilities in the development to meet the expenses of such entity and with authority to control, and the duty to maintain, all of said mutually available features of the development Said entity shall operate under recorded CC&Ws which shall include compulsory membership of all owners of lots and/or dwelling units, and flexibility of assessments to meet changing costs of maintenance,repairs and services The developer shall submit evidence of compliance with this requirement to and receive approval of the City prior to making any such sale This condition shall not apply to land dedicated to the City for public purposes (3334 6197) 21014 RMP District Supplemental Development Standards This section establishes supplemental standards for the development of manufactured home parks (3334-6/97) A Individual space setbacks for manufactured homes and accessory structures shall be landscaped and are as follows Front minimum 5 feet Side 10 feet aggregate, minimum 3 feet on any side Rear minimum 5 feet (3334 6197 3410 3199) B Each space shall be provided with a minimum 150 cubic feet of enclosed usable storage space (3334 6/97 3410 3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 21 LEGISLATIVE I)pkVp No 3885 C The undercarriage of all manufactured homes shall be screened from view on all sides (333"/97) D A six foot high concrete or masonry wall shall be provided along all interior property lines of the manufactured home park In addition, a 20 foot wide landscaped berm or a 10 foot wide landscaped area and a 6 foot high wall shall be located at the mimmum front setback line (3334 6/97 3410 3/99) E A boat or trailer storage area shall be provided and screened from view by a 6 foot high fence or wall (33346/97 3410 3/99) F Maximum site coverage for each individual manufactured home space shall be 75% (3334-6/97 3410 3/99) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 22 LEGISLATIVE DftkTy No 3885 RI,,RM, RMH,RH, and RMP Districts Additional Development Standards G Projects in the RMP district shall provide a mimmum common open space area of 200 square feet per manufactured home space (3410 3199) 21016 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review Discretionary review shall be required as follows (3334-6/97) A Zoning Administrator Review Projects requiring a conditional use permit from the Zoning Administrator, projects on substandard lots, see Chapter 241 (3334-6/97 3410 3/99) B Design Review Board See Chapter 244 (3334-6/97 3410 3/99) C Planning Commission Projects requiring a conditional use permit from the Planning Commission, see Chapter 241 (3334-6/97 3410 3/99) D Projects in the Coastal Zone A Coastal Development Permit is required unless the project is exempt, see Chapter 245 (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 210 Page 23 Ord No 3885 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 July 6,2010, and was again read to said City Council at a regular meeting thereof held on July 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, Green, Bohr, Hansen NOES Hardy ABSENT Coerper ABSTAIN Dwyer 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 July 29 2010 In accordance with the City Charter of said City Joan L Flynn, Ci1y Clerk C9 Clerk and ex-officio Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California