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HomeMy WebLinkAboutProvisions for Patios and Windscreens on Projecting Decks - 70 IN THE Superior Court ct OFTHE �15� G ` aw i STATE OF CALIFORNIA o In and for the County of Orange DAD psi CITY OF H U N T I N G T O N B E A C H v PROOF OF PUBLICATION CITY CLERK NOTICE OF PUBLIC HEARING State of California ) PUBLIC NOTICE County of Orange )ss- NOTICE OF PURL IC BEARING CODE AMENDMENT NO;82-i J E A N N I E L. T H O M A S WIND5CRREEN8/PATf6S NOTICE IS HEREBY GIVEN that a public hearing will be held by the City That I am and at all times herein mentioned was a citizen of Council of the City of Huntington Beach, i the United States,over the age of twenty-one ears,and that I to the Council Chamber att to hour l7l K Y- Y ter,Huntington Beach,et the hour of 7:30 am not'a party to,nor interested in the above entitled matter; P.M.,or as soon thereafter as possible on that I am the principal clerk of the printer of the Monday,the 17th day of May 1982,for j the purpose of considering Code Amend- H U N T I N G T O N BEACH I N D. REVIEW went 82-1,an amendment to Article 910 of the Huntington Beach Ord'nanc Wode end Chapter f7 of the Huntington Beach a newspaper of general circulation,published in the City of Municipal Code by revising the develop- I g P Y and Ntiiosd�theeR DensityReeO- dential Disting to win us rict).A eo of Code Amend- H U N T I N G T 0 N BEACH went No.82-1 is on tide in the Depart- ment of Development Services Office. County of Orange and which newspaper is published for the All interested persons are invited to disemination of local news and intelligence of a general charac- attend eafd hearing and express their Amend- ter, and which newspaper at all times herein mentioned had opinions for or against said Code,Amead- � ment No.82-1. and still has a bona fide subscription list of paying subscribers, Further information may be obtained and which newspaper has been established, printed and pub- tram the OceMain Street,t,HuntingWn`Be of the City gtch e�k,200- a „Calitor- lished at regular intervals in the said County of Orange for a nix 92W—(714)ti38-b227. period exceeding one year; that the notice, of which the DATED April 30,1982. annexed is a printed co has been published in the regular CITY IC HUNTINNTON BEACH P PY� P g By.ALICiA M.R'ENI'WORTH and entire issue of said newspaper,and not in any supplement City Clark thereof,on the following dates,to wit: Pub.May 6,1982Hunt.Beach Ind.Rev.#10190 MAY 69 1982 I certify (or declare) under penalty of perjury that the forego- ing is true and correct. Dated at...C ARD E N..GROVE........................ a ifor ,this .7.t h..day of .M.a ... .82-. Signature U9,2 4 1 Form No.CAF-81380 REQIJES r FOR CITY COUNCIL ACTION Date May 17, : 19 8 2 Submitted to: Honorable Mayor and City Council /F//q Charles W Thom son Cit AdministratSubmitted by: P Y Prepared by: James W. Palin, Director of Development Services J Subject: CODE AMENDMENT NO. 82-1, Revisions to Article 910 and Title 17, Pertaining. to Windscreens on Projecting Decks � AM V1 Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: °/ STATEMENT-OF ISSUE: Transmitted for the City Council ' s consideration is Code Amendment No. 82-1, a revision to Sections 9103.3 .4 through 9103.3.4..3 of the Huntington Beach Ordinance Code pertaining to windscreens on projec- ting decks.. Al,sQ included is a revision to Title 17, Section 24 of the Huntington Beach Municipal Code removing the word, "patios" from the provision of .water-front lots. RECOMMENDATION• The Planning Commission and Planning staff recommends that the City Council approve Code Amendment No. 82-1 and adopt .the attached or- dinance. ANALYSIS: APPLICANT: City of Huntington Beach LOCATION: City-wide REQUEST: Amending Articles 910 of the Huntington Beach Ordinance Code and Title 17, Section 24 of the Huntington Beach Municipal Code, allowing windscreens on projecting decks. PLANNING COMMISSION' ACTION ON APRIL 6 1982: ON MOTION BY PORTER AND SECOND BY SCHUMACHER CODE AMENDMENT. .82-1 WAS APPROVED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION) BY THE FOLLOWING VOTE: t AYES: Higgins, Livengood, Paone, Winchell, Porter, Schumacher, Mahaffey NOES: None ABSENT: None ABSTAIN: None t./ PIO 4/81 CA 82-1 May 17, 1982 Page 2 DISCUSSION• Code Amendment 82-1 is a revision to Sections 9103.3.4 through 9103.3.4.3 of the Huntington Beach Ordinance .Code, pertaining to windscreens on projecting decks. This amendment was prepared in .order to eliminate a number. of problems which have been created through the existing provisions for windscreens. The ordinance as presented establishes a maximum height of 9 feet above the finished deck at the bulkhead line. and .may extend to the second story fi nished floor el-evation at the exterior wall of the dwelling. Also included in this amendment is-,a provision that requires 80% of one end• 'or side of said windscreen� to be opened.. This provision was included in order to preclude the possibility of the windscreen area from becoming. a .habitable room. Code Amendment 82-1 also in- cludes a list of materials which can be used as sun=shading for the windscreen area. Also attached to this ordinance is a revision of Title 17, Section 24 of the Huntington Beach Municipal Code, removing the word "patios" from the provisions of water-front lots. This was done in order to eliminate. a conflict .of terms within Title 17.. This revision was presented to the Planning Commission. as part of Code Amendment 82-1, however, since it is a revision to the Municipal Code, the Planning Commission did not act on this portion. After considerable discussion. and review of this amendment, the Planning Commission approved it in its presented for and recommends to the City .Council that Code Amendment 82-1 be approved as presented. ENVIRONMENTAL STATUS: Based on the provisions of the California Environmental Quality Act, Code Amendment 82-1 is exempt from. environmental review. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: Council may consider denying Code Amendment 82-1, which would main- tain Article 910 in its present form, which precludes the construc- tion of windscreens in the same manner as presented in this code amendment. SUPPORTING INFORMATION: 1. Planning Commission staff reports dated April 6, 1982, and January 19, 1982. 2. Ordinances JWP:SMB:jlm b iuntington beach developm., services .department STAFF T TO: Planning Commission FROM: Development' Services DATE: January 19, 1982 SUBJECT: CODE AMENDMENT NO. .82-1 1 . 0 SUGGESTED ACTION: Approve Code Amendment No. 82-1 as presented and recommend to the City Council the approval of said code amendment and the adoption of the appropriate ordinances. 2. 0 ANALYSIS: Code Amendment 82-1 is.. a revision to Sections 9103 . 3 . 4 through 9103 . 3 . 4. 3 of the Huntington Beach Ordinance Code, pertaining to windscreens on projecting decks. This amendment was prepared in order to eliminate a number .of problems which have been created through the existing provisions for windscreens. The ordinance as presented es- tablishes 'a maximum height of nine (9) feet above the finished deck a t the bulkhead line. Under these provisions the windscreen can be as high as the second floor elevation at .the exterior wall of the dwel- ling. Also included in this amendment is a list of materials which can be used as sun-shading for the windscreen area. The final change of .this amendment requires that 80% of one end or one side of said windscreen shall be open. This has been included in the provisions to preclude the possibility of the . windscreen area from becoming a habitable room. Also attached to this ordinance is a revision to Title 17, Section 24 , of the Huntington Beach Municipal Code removing the word "patios" from the provisions of waterfront lots . This was done in order to eliminate a conflict in terms within Title 17 . The Planning Com- mission does not have to act on the. change of the Municipal Code, however, since it ,is a portion of Code Amendment 82-1, it has been submitted for the Commission' s review. 3 .0 ENVIRONMENTAL STATUS: Based on the provisions "of the California Environmental Quality Act, Code Amendment 82-1 is exempt from any .environmental review. 4 . 0 RECOMMENDATION: The staff is recommending that the Commission approve Code Amendment No. 82=1 as presented and recommend to the City Council the approval A-FM-238 g C.A. 82-1 January 19, 1982 . Page 2 of . said code amendment and the adoption of the required ordinances. ATTACHMENT• Code .Amendment No. 82-1 M :jlm iuntington beach developnir. services department STAFF E 0 R I TO: Planning Commission FROM: Development Services DATE: _ April 6 , 1982. SUBJECT: CODE AMENDMENT NO. 82-1 (Continued from 1-19-82) 1 . 0 , SUGGESTED ACTION: Approve Code Amendment No. 82-:1 as presented and recommend to the City .Council the approval of said code amendment and the adoption of the appropriate ordinances. 2 .0 ANALYSIS• Code Amendment 82-1 is a revision to Sections 9103 . 3 . 4 through 9103 . 3 . 4 . 3 of the Huntington Beach Ordinance Code, pertaining to windscreens on projecting decks. This. amendment was prepared in order to. eliminate a number of problems which have been created through the existing provisions for windscreens. The ordinance as presented es- tablishes a maximum height of nine (9) feet above the finished deck at the bulkhead line. Under these provisions, . the windscreen can be as high as the second floor elevation at the exterior wall of the dwelling. Also included in this amendment is a list of materials which can be used as suri-shading for the windscreen area. Also attached to this ordinance is .a revision to Title 17, Section 24 of the Huntington Beach Municipal Code removing the word "patios from.. the provisions of waterfront lots. This was done in order to eliminate a conflict in terms within Title 17 . The Planning Commis- sion does not have to act on the change of the Municipal Code, how- ever, since it is a. portion of Code Amendment 82-1, it has been sub- mitted for the Commission 's review. 3 . 0 ENVIRONMENTAL STATUS: Based on the provisions of the California Environmental Quality Act, Code Amendment 82-1 is exempt from any environmental review. 4 . 0 . RECOMMENDATION: The staff is recommending that the Commission approve Code Amendment No.. 82-1 as presented and recommend to the City Council the approval of said code amendment and the .adoption of. the .required ordinance. ATTACHMENT: Code Amendment No. 82-1 l m W � �. • �� A-FM-23B (1/3 Ib Publish May 6, 1982 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 82-1 WINDSCREENS/PATIOS 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 7:30 P.M. , or as soon thereafter as possible on Monday the 17th day of May 19 82. for the purpose of considering Code Amendment 82-1 , an amendment to Article 910 of the Huntington Beach Ordinance Code and Chapter 17 of the Huntington Beach Municipal, Code by revising the development standards pertaining to windscreens and patios in the R1 (Low Density Residential District). A copy of Code Amendment No. 82-1 is on file in the Department of Development Services Office. All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment No. 82-1 Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED J/-,30 —�"1. _ CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk �/ NOTICE TO CLERK TO SCHEDULE LPUBLIC HEARING ITEM QA&NQ TO: CITY CLERK'S OFFICE DATE: Z FROM: PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE 1 �`^wDAY OFCr AP's are attached AP's will follow X No AP's Initiated by: Planning Commission Planning Department . Petition * Appeal Other Adoption of Environmental Status (x) YES go Refer to Planning Department - Extension for additional inform tion. * if appeal, please transmit exact wording to be required in the legal. 3 IN THE 0 Superior Court OFTHE STATE OF CALIFORNIA In and for the County of Orange CITY OF HUNTINGTON BEACH , PROOF OF PUBLICATION PLANNING Public Hearing PUBLIC NOTICE . State of California ) LEGAL NOTICE County of Orange )ss. NOTICE OF PUBLIC REAUNG CODE AMENDM qT NO.92.1 NOTICE IS HEREBY GIVEN that a Jeannie L. Thomas ' ublie hearing will.be held by the City ` t ryw� of the City of Huntington Beach, Californis, for the1 ��� I') That I am and at all times herein mentioned was a citizen of purpose of considering Code Amendmen 82• , en amendment to Article 910, y the United States,over the age of twenty-one years,and that I revising the development standards am not 9-party to, or interested in the above entitled matter; taining to windscreens and patwe m the I * �� � l'p"J RI(Low Density Residentiei District).A tfiat I am the principal clerk of the printer of the copy of Code Amendment No.82-1 is no file in the Department of Development Huntington Beach. Ind. Review ServiCes.omte. Said hearing will be held at the.bour 7 r 3 O of 4"P.M.,m`40 n"F"9,-t9PR in the VYN 1 I b a newspaper of general circulation,published in the.City of Council Chambers Building of the Civic Center, 2000 Main Street, Huntington Beach,California. Huntington Beach All interested persons are invited to attend said bearing and ecpress their County of Orange and which newspaper is published for the opinions for or against the proposed Code disemination of local news and intelligence of a general charac- Amendment fo 8ati I; K Further information may be obtained ter, and which newspaper at all times herein mentioned had `from the City Planning Department. and still has a bona fide subscription list of paying subscribers, y Telephone No.(714)538.5271.i and which newspaper has been established, printed and pub- ,.DATED this 7thda o(Jenuary,198Z P P CITY PLANNING COMMISSION lished at regular intervals in the said County of Orange for a By JAMES W:PALIN,Secretary period exceeding one year; that the notice, of which the 'Pub.Jan.7,198z Hunt.Beach Ind.Rev.a10u0 annexed is a printed copy, has been published in the regular and entire issue of said newspaper,and not in any supplement thereof,on the following dates,to wit: January 7, 1982 I certify(or declare) under penalty of perjury that the forego- ing is true and correct. Dated at. G.arde.n Grov.e......................... lifornia,this 8 t h day .1 n I 2 .. ............ Signature I Fnrm No,CAF-813P ' ►._Aington beach development .ervices department TAff REPORT. TO: Planning Commission FROM: Development Services DATE: April 6 , 1982. SUBJECT: CODE AMENDMENT NO. 82-1 (Continued from 1-19-82) 1 . 0 . SUGGESTED ACTION: Approve Code Amendment No. 82-.1 as presented and recommend to the City Council the approval of said code amendment and the adoption of the appropriate ordinances. 2 . 0 ANALYSIS• Code Amendment 82-1 is a revision to Sections 9103 . 3 . 4 through 9103 .3 . 4 . 3 of the Huntington Beach Ordinance Code, pertaining to windscreens on projecting decks. This amendment was prepared in order to eliminate a number of problems which have been created through the existing provisions for windscreens. The ordinance as presented es- tablishes a maximum height of nine (9) feet above the finished deck at the bulkhead line. Under these provisions, the windscreen can be as high as the second floor elevation at the exterior wall of the dwelling. Also included in this amendment is a list of materials which can be used as sun-shading for the windscreen area. Also attached to this ordinance is a revision to Title 17, Section 24 , of the Huntington Beach Municipal Code removing the word "patios" from the provisions of waterfront lots. This was done in order to eliminate a conflict in terms within Title 17 . The Planning Commis- sion does not have . to act on the change of the Municipal Code, how- ever, since it is a portion of Code Amendment 82-1 , it has been sub- mitted for the Commission ' s review. 3 .0 ENVIRONMENTAL STATUS: Based on the provisions of the California Environmental Quality Act, Code Amendment 82-1 is exempt from any environmental review. 4 . 0 RECOMMENDATION: The staff is recommending that the Commission approve Code Amendment No.. 82-1 as presented and recommend to the City Council the approval of said code amendment and the .adoption of the required ordinance. ATTACHMENT: ' Code Amendment No. 82-1 lm 401 P-F M-2 J B .y 5 CODE ENDMENT NO. 82-1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 17. 24.060 RELATIVE TO PROJECTING DECKS The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending section 17. 24.060 to read as follows : 17. 24. 060 Applicable to waterfront lots . This chapter shall_ apply only to lots designated as waterfront lots , and patladecks projecting beyond the bulkhead _Line shall be limited to wharfage areas assigned to said waterfront lots . SECTION 2. This ordinance shall take effect thirty days after adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of_ 1982. Mayor ATTEST : APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Developm nt Services ahb 1/12/82 CODt.,I AMENDMENT No. 82-1 ORDINANCE N0 . a' AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9103 .3. 3, 9103 . 3. 4, 9103. 3. 4 .1 , AND 9103. 3. 4.2, AND ADDING THERETO NEW SECTION 9103.3 .4 .3 RELATING TO PATIO COVERS , PROJECTING DECKS AND WINDSCREENS The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The Huntington Beach ordinance Code is hereby amended by amending sections 9103.3. 3, 9103.'3. 4, 9103.3. 4. 1, and 9103.3. 4. 2 to read as follows : 9103.3 .3 . PATIO COVERS IN REAR YARD. Patio covers may be constructed tewithin five (5) feet of the rear property liner F-t-Fthep-peeytded, and where rear yard abuts public waterways , said patio covers may be constructed to the rear property tine. Fey-tke-pt��+pese-e€-tk�s-seet�ee�-pe�a��tted-st��deeks;-w��dseeeexs aid-ee�e�s-�+e�-aced-the�ete-sl�a��-lie-ee�stdeeed-pates-aed-pate eevepev 9103.3 . 4 . PROJECTING DECKS ON-WATERFRONT LOTS . Decks on waterfront lots may project beyond the bulkhead subject to the following conditions: (a) A ,deck shall not project more than five (5) feet be- yond the bulkhead or bulkhead line extended . (b) A-ppejestingNo deck shall eeteneroaeh into the projec- tion of any required sideyard setback or easement.. �e}--F�e�eettxg-deeps-sl�a�3�-xet-�e-pe�r�a�eat�y-eee€ed e�e�headT-Ge�e�eT-��te��td�xg-bt�t-eel-����ted-te-plast�e--ea�aas; �atttee;-beasts-e�-€�beeg�ass;-aye-pe���ss�b�e-te-pee�tide-a w1nd4eeak-ep-eaRsha4ev 9103.3 .4 .1. WINDSCREENS ON PROJECTING DECKS . Windscreens on projecting decks may be constructed, e-a-keg#�t-met-a*eeedieg eight-�8}-€eet-abee-the-€tAsl�ed-sty€aee-a€-tke-deeTsubject to provisions of Huntington Beach Municipal Code Chapter 17.24, to a height not exceeding nine (9) feet above the finished surface ahb 1/12/82 1. ,? ,-ZG of the deck at the bulkhead line, and not exceeding the second floor elevation at the exterior wall of the dwelling. 9103.3 .4 .2. REMOVAbw--The-eireetiee-a€-de cks-aed-wiedeapeees wh�e#�-pne�eet-e�e�-e�ty-p�epe�ty-�e-deera�ed-te-be-e-p�t���ege aiqd-iqet-a-jested- ightT-fit eh-ppi-v1-:-ege-may-be-revoked-by-the-e€ty €er-eeeee�piiaeee-with-the-pre�isier�s-e€-the-abe�e-seetiees-apse thi�+ty-�3g�-days-w�itteR-eetiee-aed--whex-ee-re�el�ed;-streetarea e�-pertiees-tl�e�ee€-e�teRdieg-ever-city-prepet�ty-may-be-re�e�ed by-the-city-at-its-set-e-diseretiet�-aed-at-the-a*peese-e€-the pinepepty-ewRervCOVERS FOR PROJECTING DECKS AND WINDSCREENS. Covers for projecting decks and windscreens are permitted provided the materials used for said covers, except for necessary bracing and framing, shall be of light weight materials, and may include, but shall not be limited to, plastic, canvas, fiberglass, ptexiglass, tempered glass or metal . A minimum of 80 percent of one end or side of such windscreen shall be open. SECTION 2. The Huntington Beach Ordinance Code is hereby amended by adding thereto section 9103. 3. 4. 3 to read as follows : 9103.3 . 4 .3• REMOVAL. The erection of decks and windscreens which project over city property is declared to be a privilege , and not a vested right. Such privilege may be revoked by the city for noncompliance with the provisions of the above sections upon thirty ( 30) days written notice and, when so revoked, struc- tures or portions thereof extending over city property may be removed by the city at its sole discretion and at the expense of the property owner. SECTION 3. 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 day of_ 1982. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEW AND APPROVE INITIATED AND APPROVED: � f City Ad rridtrato VDirector of Development —//-- Services �� 2.