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HomeMy WebLinkAboutCorner Cutoff - Code Amendment 79-6 - A Revision and Clarifi NOTICE OF PUBLIC B1M'tRQ CODE AMV014M Na 7949 NOTICE IS HEREBY GIVEN that a public hearing wall be held by the City Council of the Cit.�r Huntington Beach, in the Councd Chzilf of the Civic Can ter Huntington Beach it the hour of 7.30 PX or ea soon them ea possible on Monday the 7th day of emery 1980 for the p�rpoee of considering Code Amend merit IVo 79 6 wUateo by the Planning Commission Code Amendment No,79f proposes a change in Division 9 of the Huntington Reach Ordinance Code to clarify and ropre the 25 by�5 corner cut off in all districts.This code require meat prohibits any structure between 42' and 7 to height within a 25 triangular area at exterior property lines Further information may be obtained from the Development Services Office All interested persons are invited to attend said bearin„ and express their opinions for or against said Code Amend went Further information may be obtained rom the Office of the City Clerk,2000 Main Street,Huntington Beach,Califor nia(744)5227 DATED-December 21 IWM CITY OF HUNTINGTON BEACH By ALICIA M WENTWORTH City Clerk Pub Dec-27 1979 Hunt Beach Ind Re-, rr 1OW9 E WEST OXAAAd PUBLISHING CO Publishers of ORANGE COUNTY NEWS BUENA PARK NEWS HUNTINGTON BEACH INDEPENDENT LA MIRADA LAMPLIGHTER ANAHEIM INDEPENDENT s REMIT TO 13261 Century Blvd • Garden Grove,California 92643 s (714)537-7510 DEC 319 1979 HB 10669 3 CITY 05 HUNTINGTON BEACH9 CITY CLEPK P. 0. 190 HUNTINGTON BEACH9 CA 92648 ALL ACCOUNTS PAYABLE ON 10th OF THE MONTH PUBLISHED DEC 279 1979 RE PUBLIC HEARING 79-6 CHARGE FOR PUBLICATION 38 tines = 3 90 legal squares 0 3.50 = $13 65 Form No BIF 62T79 J - 20 f REQUEST FOR CITY COUNCIL ACTION Submitted by James W Palin Department Development Services Date Prepared January 7, 1980 Backup Material Attached XQ Yes ❑ No Subject CODE AMENDMENT NO, 79-6, A REVISION AND CLARIFICATION OF THE CORNER CUT OFF REQUIREMENTS OF DIVISION 9 City Administrator s Comments ff BY CITY COU Approve as recommended Statement of Issue Recommendation Analysis Funding Source Alternative Actions cp .11 STATEMENT OF ISSUE Transmitted for your consideration is Code Amendment No 79-6, a clarification and modification to the required 25 x 25 ft corner cut off and the expansion of this requirement to all districts RECOMMENDATION The Planning Commission and Planning Staff recommend that the City Council approve Code Amendment No 79-6 and adopt the attached Ordinance ANALYSIS Applicant Department of Development Services Location Citywide Request A clarification and minor modification to the 25 x 25 ft corner cut off PLANNING COMMISSION ACTION OF NOVEMBER 20 1979 ON MOTION BY KENEFICK AND SECOND BY WINCHALL, THE COMMISSION DETERMINED TO ACCEPT THE CODE AMENDMENT AS MODIFIED TO RETAIN A 25 FT DIMENSION AND THE PROPERTY LINE TO PROPERTY LINE MEASUREMENT, BY THE FOLLOWING VOTE AYES Winchall, Kenefick, Stern, Bazil, Greer, Bauer NOES None ABSENT Shea ABSTAIN None e0h 4�'gw�' L Page Two DISCUSSION Code Amendment No 79-6 was originally proposed to change Division 9 of the Huntington Beach Ordinance Code in the method of measuring the required corner cut off from its present lot line to lot line measurement to a curb line to curb line measurement This corner cut off is required in all residential districts and is measured as a 25 ft triangular area at the exterior property lines The staff originally presented a number of alternative methods of measuring the required corner cut off to the Commission Included in these alternatives was a 36 by 36 ft triangular area measured from the curb line at the exterior side in front of all parcels Also presented to the Planning Commission was a brief survey of adjacent cities and how the corner cut off is determined in their ordinances The survey indicated that all of the cities in this general area measure the corner cut off from the property line The corner cut off measured at the property line allows for varying sidewalk and parkway widths while still providing adequate visibility at intersections When using the curb line to curb line method, varying parkway and sidewalk areas can reduce the visibility for vehicular traffic at those intersections After lengthy discussion by the Commission, the Commission concurred that a 25 x 25 ft corner cut off measured from the property line should be retained in the ordinance The staff had also provided some minor changes to these provisions during the preparation of this ordinance and felt that these minor clarifications and alter- ations should be incorporated into Division 9 These clarifications consist of restricting any obstruction in this corner cut off whether it be landscaping, landscape earth mounding, or structures, and the inclusion of this requirement in all of the residential districts and in the miscellaneous provisions under yard requirements ENVIRONMENTAL STATUS Code Amendment No 79-6 is categorically exempt from any environmental documentation FUNDING SOURCE Not applicable ALTERNATIVE ACTION The City Council may request that the corner cut off measurement be made at the curb line versus existing property line method If the Council requests this alteration, Code Amendment No 79-6 should be returned to the Planning Commission with specific recommendations from the Council Page Three SUPPORTING INFORMATION 1 Planning Commission Staff Report dated November 20, 1979 2 Ordinance Respectfully submitted, JamesW.Palin, Secretary anning Commission JWP SMB gc t „untington beach development services department STAf f Rt TO Planning Commission FROM Department of Development Services DATE November 20 , 1979 SUBJECT CODE AMENDMENT NO 79-6 Attached herewith for your review and consideration is Code Amendment No 79-6 , which reflects a change in the method of measuring the corner cutoff for street intersection visibility from property line to property line to a function of the distance from curb line to curb line at all intersections within the City This amendment has been prepared at the request of the City Council, when it was brought to their attention that the 25 by 25 corner cutoff measured from property line did not create a uniform setback throughout the City, as there are many different parkway widths existing in the community The Council therefore instructed staff to establish a method whereby there could be uniformity in the community at all intersections The staff then recommended to the Council that the method of achieving this would be by establishment of the cutoff as a function of the dis- tance between curb lines We are attaching, in addition to the code amendment, drawings which indicate the 25 by 25 corner cutoff existing on the vast ma3ority of properties within the City, both with the standard 10 foot parkway which is constructed on the older 60 foot streets and with the more recent 6 foot parkways which are constructed within subdivisions created since 1965 having 52 foot wide streets c Works has analyzed the sight angle and visibility and has rec ended a thirty-seven (37) foot dimension measured from inter- se ting tangents of ultimate curb lines �df P Attachments 1 Code Amendment 2 Public Works memo dated November 2 , 1979 3 Drawings indicating various setbacks A92bh 0— R_ A FM 23A CODE AMENDMENT NO 79-6 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9103 4 1, 9156 4 (c) (2) , 9163 4 1 , 9204 2 , 9233 4 2 , 9356 4 (c) (2) , 9604 2, AND 9775 3 AND ADDING THERETO NEW SECTIONS 9103 4 1, 9156 4 (d) , 9163 4 1, 9204 2 , 9233 4 2 , 9356 4 (d) , 9604 2 , AND 9775 3 TO PERMIT MEASUREMENT OF THE DISTANCE FROM CURB LINE TO CURB LINE IN THE R1, OLDTOWN, R2 , R3, R4 , TOWNLOT, RA, AND YARDS REQUIREMENTS OF DIVISION 9 SECTION 1 The Huntington Beach Ordinance Code is hereby amended to repeal Sections 9103 4 1, 9156 4 (c) (2) , 9163 4 1, 9204 2 , 9233 4 2 , 9356 4 (c) (2) , 9604 2 , and 9775 3 SECTION 2 The Huntington Beach Ordinance Code is hereby amended by adding thereto Sections 9103 4 1, 9156 4 (d) , 9163 4 1, 9204 2, 9233 4 2 , 9356 4 (d) , and 9604 2 to read as follows Section Street Intersection Visibility "On corner lots in all Districts no fence, wall, sign or other structure, shrubbery, mounds of earth or other visual obstruction over forty-two (42) inches in height above the nearest street curb elevation shall be erected, placed, planted or allowed to grow within the triangular space formed by the intersection curb line ]oining points on the curb thirty-seven (37) feet (measured along the curb lines) from the point of intersection of the curb line extensions Trees which are trimmed free of branches or foliage to a height on the trunk of at least seven (7) feet above the near- est street curb elevation are exempted " ITT F TIEACH f INTER DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Jim Palin From Paul E Cook Director, Development Services Director of Public Works Subject Corner Cutoff Date November 2, 1979 The following wording is suggested in order to make the corner cutoff a function of a distance from the curb line as opposed to the 25 foot distance measured along the property line as it currently exists in the Code Section M - Intersection Visibility On corner lots in all districts no fence, wall, sign or other structure, shrubbery, mounds of earth or other visual ob- struction over forty-two inches in height above the nearest street curb elevation shall be erected, placed, planted or allowed to grow within the triangular space formed by the intersection curb line 3oining points on the curb thirty-seven (37) feet (measured along the curb lines) from the point of intersection of the curb line extensions Trees which are trimmed to the trunk to a height at least seven (7) feet above the nearest street curb elevation are exempted PEC RRL 3y -- — -- — — — -- — -- — — — --- — — /O I ��— --- — —— -- -- -- — 1 \ — / — � — — _ — � — — --— — — —� — — / � f s � — _— _ -- � � ' i - - � ,, � - --- _ - - - - i 3T� - - --- - - - E*ZL ^. / Ile Minutes, H B Plann Commission November 20 , 1979 Page 13 CODE AMENDMENT NO 79-6_ Initiated by the Department of Development Services A proposal for a change in Division 9 of the Huntington Beach Ord- inance Code in the method of measuring the required corner cutoff from its present lot-line-to-lot-line measurement to a curb-line- to-curb-line measurement This corner lot cutoff is required in all residential districts and is measured as a 25-foot triangular area at the exterior property lines Secretary Palin explained that in addition to the alteration in the method of measuring the corner cutoff area the staff has recommended that the code also be amended to stipulate a 37 foot dimension, the terminology in the code has also been changed to more clearly define what is prohibited within the triangular area The public hearing was opened Zayne Neugart addressed the Commission to concur with the staff recommendations and urge adoption of the code amendment as pro- posed There being no other persons to speak for or against the proposal, the public hearing was closed Chairman Bazil expressed reservations in regard to changing the entire ordinance when such change would not pertain to 95 percent of the corner lots in the city He suggested instead that the code amendment include the new terminology but retain the existing dimension and method of measurement, and that a "flexibility clause" be written into the ordinance which would allow staff to modify the corner cutoff in cases where an applicant can provide proof that adequate sight clearance on a particular corner lot is able to be obtained through such modification (e g , because of a wide parkway) In his opinion such action would maintain the same sight clearance in all areas and relieve staff from the necessity to research the ultimate street and parkway widths for every loca- tion The Commission discussed Mr Bazil ' s proposal , as well as the present procedure and the applicability of the conditional exception application in cases of this nature Legal counsel Jim Georges explained the findings necessary for granting of a conditional exception and the need for precise wording in the code to support enforcement of restrictions within the sight clearance setbacks ON MOTION BY KENEFICK AND SECOND BY WINCHELL THE COMMISSION DETER- MINED TO ACCEPT THE CODE AMENDMENT AS MODIFIED TO RETAIN THE 25- FOOT DIMENSION AND THE PROPERTY-LINE-TO-PROPERTY-LINE MEASUREMENT, BY THE FOLLOWING VOTE AYES Winchell , Kenefick, Stern, Bazil, Greer, Bauer NOES None ABSENT Shea ABSTAIN None -13- 11-20-79 - P C Minutes , H B Planning Commission November 20 , 1979 Page 14 Staff will revise the code amendment accordingly and present it for the Commission ' s review at the next meeting CONDITIONAL EXCEPTIONS NOS 79-41 , 79-42 , 79-43 , 79-46 , AND 79-47 Applicant Corona Construction and Development Corporation, Inc To allow an encroachment of approximately five (5) square feet into the required 25 by 25 corner cutoff by permitting measurements for corner cutoffs from curb line to curb line on properties located at the northwest corner of 19th Street and Orange Avenue, the southwest corner of 21st Street and Orange Avenue, the southeast corner of 21st Street and Palm Avenue, at the southeast corner of 20th Street and Palm Avenue, and at the southwest corner of 19th Street and Palm Avenue These applications have been referred to the Planning Commission by the Board of Zoning Adjustments The public hearing was opened Zayne Neugart presented slides to illustrate the sight angle situation at the intersections in question He requested Commission approval of the requests , saying that there should not be any adverse impact on traffic visibility or public safety as a result of the encroachments Bob Corona also addressed the Commission in support of the conditional exception requests The public hearing was closed Commissioner Stern questioned the basis of the prior approval by the Board of Zoning Adjustments of two similar requests by the same appli- cant for encroachments into the setback Pat Spencer informed the Commission that these had been granted because of the fact that the lots in question were on local streets and on the recommendation of the Traffic Engineer that the sight distances were not impaired by the encroachment The requests were also reviewed in relation to the modifications to Code Amendment 79-6 and the pending precise plan of street alignment for a section of Palm Avenue Secretary Palin discussed the history of the development and the prob- lems inherent in using the curb measurement for the corner cutoffs He noted that the encroachment is very minor and is one which the staff can endorse based upon the modifications the proponent has made to his original plans The Commission in its discussion, however, found no exceptional or extraordinary circumstances existing on the property upon which to base a necessary finding of hardship for the deviation from code -14- 11-20-79 - P C 9 t Publish Postcards NOTICE OF PUBLIC HEARING CODE AMENDMENT NO 79-6 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 77 30� P M , or as soon thereafter as possible, on Monday the 7th day of January �, 19 so , for the purpose of considering Code Amendment No 79-6, initiated by the Planning Commission Code Amendment No 79-6 proposes a change in Division 9 of the Huntington Beach Ordinance Code to clarify and require the 25' by 25' corner cut-off in all districts This code requirement prohibits any structure between 42" and 7' in height within a 25' triangular area at exterior property lines Further information may be obtained from the Development Services Office k p All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment Further information may be obtained from the Office of the City Clerk , 2000 Main Street, Huntington Beach, California (714) 536-5227 DAM CITY OF HUNTINGTON BEACH BY Alicia M. Wentworth City Clerk IN THE i t~ j Superior Court OFIHF SPA TF OF(Al IFORNIA P 0 In and for the(ounty of Orange CITY OF HUNTINGTON BEACHr PLANNING PROOF Ok PUSLILATION Public Hearing 79-6 State of(al+forraa i ^--- (ounty of Orange i•• L1 Rita J. Richter N Iwo '�•`• tt ' City city That I am and at all times herein mentioned was a citizen of thet the United States over the age of twenty one years and that I yp am not a party to nor interested in the above entitled matter vilt aOrdatude o lsa4iMr that I am the principal clerk of the printer of the I assr� Huntington Beach Independent Review oeftwtir how a newspaper of general circulation published to the City ofof lb� ilk Huntington Beachd+d* of the . 11oft County of Orange and which newspaper is published for the at1 a+W WW we trod tD 41irm their disemmat{on of local news and intelligence of a general charac Wend ter and which newspaper at all times herein mentioned had Ala and still has a bona fide subscription list of paying subscribers �y la0 and which newspaper has been established printed and pub IqI l lished at regular intervals in the said County of Orange for a lbYEdo of Od4ber period exceeding one year that the notice of which the WM t:Pf`YP 0 N annexed is a printed copy has been published in the regular WJ tilt and entire issue of said newspaper and not in any supplement = thereof on the following dates to wit uat Ind aim" October 259 1979 I certify (or declare) under penalty of perjury that the forego cng is true and correct Garden Grove Dated at f Cahfor t IS th d t0 r Signature Fo m No CAF 6579 NOTICE TO CLERK TO SCHEDULE ��qPUBLIC HEARING ITEM&449 � TO CITY CLERK'S OFFICE DATE '20, a,n S FROM PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE DAY OF , 100 �A& AP's are attached AP's will follow No AP's Initiated by Planning Commission Planning Department Petition * Appeal Other Adoption of Environmental Status (x) YES NO Refer to Planning Department - Extension �69��� for additional information * If appeal, please transmit exact wording to be required in the legal t } � LTi�l.j� �� �,1�.��� ls., v,C���s r �, ✓ � d � �1� -� c,yt� l 1 JI } r j