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HomeMy WebLinkAboutCode Amendment 76-8 - Ordinance 2216 - Section 9103 et seq o Pined Huntington Beach News, July 1 28, 1977 NOTIbE OF PUBLIC HEARING e- C^OE AMENDMENT. NO..76-8 NOTICE IS HEREBY GIVEN that a put) - ;lic.,hearing vvi1l be held by the City council c'the-City of,HuntinIgton,Beach, in: the Coanc 1 'Ch niber of the Civic ire a Cen+er Huntington Beach,'at the hour ® l®c ®oaf of 7 30,;P.h9 or as: soon, thereafter as nags,bie pri.,M•onday the 15th day, of August; 1977;for the purpose of con- State of California I sidering proposed Code Amendment No. 7 8 incluu rg_,amendments.._to_ Section County of Orange ss 9103 et seq of the Huntington Reach City of Huntington Beach Ordinance Code. and Section 17.24.010 et George Farquhar, being duly sworn on oath, says: That he is a fseq of the Huntington Beach Municipal Geode all pertaining to the regubat;on of citizen of the United States, over the age of twenty-one years. sun decks,, preiecting decks and wind- That he is the printer and publisher of the Huntington Beach screens on waterfront lots. News, a weekly newspaper of general circulation printed and pub- A,'copy of the proposed code Amend- lished in Huntington Beach, California and circulated in the said ment as on file' in the Phnnning oepart- menf, County of Orange and elsewhere and published for the dissemination ; Ail interested persons are invited to of local and other news of a general character, and has a bona fide attand said hearing and express their subscription list of paying subscribers, and said paper has been opinions' for or' against said code established, printed and published in the State of California, and emendr,ent;` . County of Orange, for at least one year next before the publication Further information o' the may, Cl obtained of the first insertion of this notice; and the said newspaper is not fra;m the office oS the city, clerk. DATED: Jury 20, 1s77. devoted to the interest of, or published for the entertainment of any CITY OF HUNTINGTON BEACH particular class, profession, trade, calling, race or denomination, or By:•Alicia M. Wentworth any number thereof. city clerk The Huntington Beach New was adjudicated a legal newspaper of general circulation by Judge G. K. Scovel in the Superior Court of Orange County, California August 27th, 1937 by order No. A-5931. That the Code Amendment No. 76-8 of which the annexed is a printed copy, was published in said news- paper at least one issue commencing from the 28 t h_ day of July 19 7 28th day of July and ending on the �L 19 7 both days inclusive, and as often during said period and times of publication as said paper was regularly issued, and in the regular and entire issue of said pewspaper proper, and not in a supplement, and said notice was published therein on the following dates, to-wit: . July 28t 1977 Publisher Subscribed and sworn to before me this �9 t h day of July 19 77. } Notary Public Orange County, California �r +THOMAS D. WYLLIE � # N*fary Public-California a Oran County i +---- ______„ My Commission Expires i 4 September 12, 1978 1 -----------------s _ City of Huntington Bench County of Orange State .of California Jffidavitof Publication of GEORGE FARQUHAR Publisher Huntington Beach News Filed Clerk By Deputy Clerk X• T 0 r . �-- AHuntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 TO: Honorable Mayor and City Council FROM: Planning Commission ATTN: Floyd G. Belsito, City Administrator DATE: July 22, 1977 RE: CODE AMENDMENT NO. 76-8 "PROJECTING DECKS AND WINDSCREENS ON WATERFRONT LOTS" PLANNING COMMISSION ACTION AT THE MEETING OF JULY 19, 1977 : ON MOTION BY SHEA AND SECOND BY NEWMAN CODE AMENDMENT NO. 76-8 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Finley, Slates , Shea, Newman NOES : None ABSENT: Gibson - PLANNING COMMISSION AND STAFF RECOMMENDATION: Approve Code Amendment No. 76-8 . SUMMARY ANALYSIS: This 'code amendment, as initiated by the staff, is intended to liberalize design regulations pertaining to projecting decks and windscreens on waterfront lots. Of significance, the proposed code amendment would allow windscreens to be constructed upon the entire perimeter of a deck as opposed to the existing restrictions of only 50o perimeter enclosure. The Amendment would also permit overhead covers for sun shade or wind break purposes. Such covers are presently prohibited by the Code. The remaining portions of the code amendment clarify engineering re- quirements, rectify conflicting code provisions, and remove Planning considerations (size of windscreens, setbacks, etc. ) from Title 17 Buildings and Construction and are inserted in Division 9, Planning;. Construction specifications would remain `.in Title 17 . ADDITIONAL INFORMATION: This code amendment was formulated on the basis of allowing, within reason, the degree of design flexibility the majority of waterfront X CODE AMENDMENT NO, 76-8 Page 2 property owners prefer, A survey of waterfront property owners eventually led to the recommended revisions in the Code Amendment. The Planning Commission originally approved Code Amendment No. 76-8 earlier this _year. However, a few modifications were necessary to obviate conflicts within the Ordinance Code (see July 6 , , 1977 , -staff report) . - -- -- - ENVIRONMENTAL STATUS; Code Amendment No. 76-8 is a minor modification to the Ordinance Code. The Environmental Review Board at its April 27, 1976 , meeting determined that the proposed code .amendment would not have an adverse effect upon the environment. Therefore, pursuant to the provisions of the California Environmental Quality Act of 1970 and the. City' s environmental review procedures, Code Amendment No. 76-8 was granted Notice of Exemption No. 76-21 (attached) . FISCAL IMPACT OF PROPOSED LEGISLATION: The adoption of the proposed code amendment will not result in a fiscal impact upon the City. However, it may impact property owners within Huntington Harbour and adjacent waterfront areas who would be in violation of the proposed Ordinance. SUPPORTING INFORMATION: 1. Ordinance 2. July 6, 1977 , Staff Report 3 . December 29 , 1976, Staff Report. 4 . Notice of. Exemption No. 76-21 Respectfully submitted, E ward D.DS Secretary EDS :DE: ja Enclosures huntington bucach planningdepartment stuff ' TO: Planning Commission FROM: Planning Department DATE : July 6, 1977 SUBJECT: CODE AMENDMENT NO. 76-8 "PROJECTING DECKS AND WINDSCREENS" SUGGESTED ACTION: Approve proposed Code Amendment No. 76-8. 1 . 0 BACKGROUND INFORMATION: Code Amendment No., 76-8 was previously approved by the Planning Com- mission on January 4 , 1977. Subsequent to the Commission' s approval, additional information and concerns surfaced which have necessitated technical modifications to two sections of the code amendment. The modifications necessary relate to Section 17. 24 . 010 of the proposed amendment relating to loading stresses on bulkheads. The additional wording in that section. which is underlined is proposed to be incor- porated within the code amendment to clarify in more succinct terms the amount of loading which is permissible on the bulkheads. The additional wording pertaining to the aforementioned section does not impose greater restrictions upon design of projecting d� cks and windscreens but clarifies and explains precisely what is pei.iitted. The second modification to the code amendment appears on page 2 of the draft relating to Section 9103. 3 . 3 patio covers in rear yard. Wording has been added to the effect that patio covers may be con- structed to the rear property line where such rear yards abut a public waterway. Patio covers in this instance also include sundecks , windscreens and related covers. This section is necessitated because of an inadvertent removal of this provision from the ..code in 1974 . Without reestablishing this provision, all sundecks and windscreens abutting the City' s waterways are nonconforming in regard to the rear yard. All of the modifications previously approved .have been incorporated within this code amendment . In addition, homeowners who have expressed an interest in the sundeck and windscreen provisions have been notified and solicited as to their concerns . ' Page Two 2 . 0 ENVIRONMENTAL STATUS : Code Amendment No. 76-8 is a minor modification to the Ordinance Code. The Environmental Review Board, at its April 27 , 1976 meeting, deter- mined that the proposed code amendment would not have - an adverse effect upon the environment. Therefore, pursuant to the provisions of the California Environmental Quality Act of 1970 and the City' s environ- mental review .procedures, Code Amendment No. 76-8 was granted Notice of Exemption No. 76-21. 3 . 0 FISCAL IMPACT OF PROPOSED LEGISLATION: The adoption of the proposed code amendment will not result in a fiscal impact on the City, however, . it may be impact property owners within Huntington Harbour and adjacent waterfront areas who would be in violation of the proposed ordinance. 4 . 0 RECOMMENDATION: The staff recommends approval of Code Amendment No. 76-8 . --7 DE v" :gc Attachments: 1. Code Amendment 2'. Notice of Exemption 3. December. 29 , 1976 Staff Report hunfingWn beach p9anning depar ro end' LiJ� �'+J l�tfhlil � 6Y�Y 7, TO: PLANNING COMMISSION FROM: PLANNING DEPARTMI.,NT DATE : December 29 , 1976 • SUBJECT: CODE AMENDMENT NO. . 76-8 "PROJECTING DECKS AND WINDSCREENS" SUGGESTED ACTION: APPROVE PROPOSED CODE AMENDMENT 76-8 1. 0 BACKGROUND INI'ORMATION: Code Amendment No. 76- 8 has been cont.i.nued by the Plann:i.zig Comiii_i_ssi.on on several occasions in .order to facilitate input from owners of property in the vicinity of or having frontage upon waterways within the City. Efforts to publish the concerts of the proposed amendment in the Huntington Harbour Newsletter have not been successful as of this writing because of recent publishing difficul_ties . Last month the staff .undertook a sample survey of waterfront }property owners to gain the desired input towar-d .the proposed code amendment: prior, to final Planning Commi.ss.i.on action on the Matter. The results of the survey are depicted in Section 3 . 0 of the staff .report. Further background .information pertaining to the origin of the pro- posed code amendment is provided in the staff report attached herewith. 2 . 0 SUMMARY OI' PROPOSED AMENDMENTS : The proposed code amendment would add provisions to Article 91.0 , Low Density Residential District , modifying standards for projecti_nq 1 decks and windscreens on waterfront lots. These provisions were previously administered through Title 17 (Buildings and Construction) of the Municipal. Code, however, since certain regulations relate more to Planning concepts, it is appropriate for them to be administered through Division 9 . Requlat:ions pertaining to structural requirements would remain in- `i'it.le 17 . ; 2 1 Briefly summarized, the proposed ordinance would liberalize the existing regulations for projecting decks and windscreens As the staff has previously discussed with the Commission , the windscreen area would be allowed to encompass the entire deck perimeter rather C.A. 76-8 Page Two than the existing provision which allows only a 50 percent enclosure of the deck perimeter. Numerous minor revisions have remained in the proposed amendment over the last few months . 2 . 2 As a result of field i.nvest:i.gations and receipt of input from the public , • the staff added a provision to allow the installation of overhead features to provide windhreak or si ins c.reen effects (ref_ . S. 9103 . 3 . 4 (c) ) . A provision was also added which would allow windscreens to be attached to the main dwelling for support purposes . (Ref . S . 17 . 24 . 030 [al . ) 3 . 0 SURVEY RESULTS : The staff received approximately 9 7; response from waterfront property owners in the City. In addition, several phone responses were received. In general, 77 1 of all respondents preferred the proposed , amendments to the code. 230 of the respondentn were desirous of maintaining the existing ordinances for windscreens and sundecks. Approximately eleven of the respondents included above prefaced their choice with suggested modifications . 4 . 0 ANALYSIS : Most of the violations to the present code standards involve windscreens which extend around more than 50`b of the deck, windscreens which are horizontally braced to the main. dwelling, and those which have overhead covers-which are presently prohibited. The proposed ordinance would render the majority of windscreens and sundecks on waterfront lots legal insofar as code regulations are concerned. Many such structures, however, do not have building permits. The only structures which would still be in violation of the code if this amendment were enacted would be those which structurally do not comply with present code requirements and those decks which have been altered into a habitable room. 4 . 1 The staff was asked to investigate the possibility of "gr.andfathering all existing projecting decks and windscreens . The proposed cede, amendment would, in almost all instances , render existing decks and r windscreens legal, however, the following) discussion is offered for the Planning Commission' s consideration on the matter of grandfathering. �,,, 76-8 Page Three If the proposed amendment was passed with a clause to g:rand.Eather in all existing decks and windsc.re.ens , only those structi,ises which have been converted to habitable rooms or which aue substandard structurally (of which none are known to exist) would benefit by the clause. An. unconditional grandf,thering clause , :if it were legal , would create a severe enforce-merit I prob.leTH as there would be no basis to determ.ine which projecting decks and windscreens were grandfatlzered and which were nod. This is clearly evidenced by the lack of , any building permits on file for these st.r_uct.ur_es - the basis for determining when a structure was built. k'i_zrther, providing a grandfatheri.ng c13u �e for those decks and windscreens which have beconie habitzI_ble :rooms could conflict. with State housing design standards as t.hc City , in most cases, would be sanctioning structures without a building permit. Similarly, the City c'oLild riot provide a grandfather . clause for such structures if permits were obtained because permits could .riot be granted in violation of L-he code. Therefore , the only alternative to nr_ovi_de a grandfatherinct effect would be to allow habitable rooms to project over the bulkhead upon waterfront lots. 6 . 0 ENVIROMMEON`I'AL STATUS : Code Amendment No. 76-£3 i o c Odnac Co .i t e The 1.,rrvi_ronmental Review Board , at i.ts April 27 , 1-97.6 meeting , deter- mined that the proposed code amendment would not have an adverse effect upon the environment. Wherefore , pursuant to the provisions of t-.he California Environmental Quality Act of 1970 and the C.ity ' s environ- mental. review procedures, Code Amendment No. 76-8 was granted Notice of Exemption No. 76-21 (see a.ttachment) . 7 . 0 FISCAL-IMPACT.-OF PROPOSED LEGISLATION: ,i'l-ie adoption of the proposed code amendment will not resi_ilt in a fiscal impact on the City, however, it may be impact property owners within Huntington Barbour and adjacent- waterfront areas who would be in violation of the proposed ordinance. 8 . 0 CONCLUSION: The staff ' s position of tl)is matter has been t r. o relax the code re- st ict_i_ons and pr_. ovi_de latitude as much ltitde wi_tli.i.n reason for the construction of wi_ndscreeris and projecting decl s. A survey of field conditions show that many windscreens completely enclose projecting decks , b.woever_ , in the staff ' s opinion, these and similar conditions have not been detrimental to adjacent properties or to aesthetics in general.. Public opinion has also indicated a desire to relax the standards . c. i\ 76-8 'Page Four 9 . 0 RECOMI'IENDA`1'ION:. . F3ased upon the foregoing analysis , i- he staff re.conuly?nds approval of Code Amendment No. 76-8 . Graphic depictions will be provided at the public hearing on January 4 , 1977 . E.gc Attachments : Code Amendment 9/28/76 Staff Report Notice of Exemption NOTICE OF EXP"NI "'TION 76-21 TO: PLANNING DEPARTMENT PROJECT, AI'i'L[CA"TION, Olt 1'I�:I(f41i'�I' NO:. CODE AMENUr1�ENT rio. 76 . I'I1UJ[ C7"I'ITLI;/UI;S(:itll'CION/I.()(1A'['ION: Establishes provisions for wind- screens and id cl,s on waterfront lots . PROJECT SPONSOR: ]PLANNING DEPAR`i'MEN'.I', FIU-NTING` ON BEACH 1,IXEI PTION 11)FN'I11,'KATION: Calegoiical Exemption Ongmng Project . (lam LI���' Emergency Exemption Activity not Defined m Project —1 Sc.c. 15071 M & (c), -� Sec..litll7 (h> ( I hlinislerial I'roject t)ihcr(14xphrin) I._.J Se.o. 15073 _... Hie project (private) iR a Icmcr part of another project for which are I"iIt hap prcrioutily br..rn prepared;tile.original F I project and EIR were approved, and there were no soNitanthd charges proposed in the project to involve new covironmcntai impacts not considered in the original EIR. (Sec.15067) Original K1R Numhcr: Dale Approved: hwmanl to the CALIFORNIA FsNI'1ftONPIF,NTAI,,Q1)AT,1'1'1'ACT OP 1970:md prnvir-ionp of like HUNTI,"iGTON UFAC11 ORDINANCE; COME,, which provide that :or,act.ivity is eicnrpt from r•nvironmcntal cvrloation '.vhcrc it can Ix' deWrmined ,vid) certainty that till; activity will not have a r;ignific,ont effer.t on fiic environrncnt, Lire activity n4crenced herein hr therefore granlcd EXH1,11 T10N STATUS with the following Hlatenrcnt of findiroi: At the Environmental Review Board mneL-inq cif April 27, 1.976 , it was determined that the.proposed Coda Amcalzdlnent would certailly not have a significant adverse effec7t upon the enviroriment (S. 15060) . tv Name and 'Title of Person Cerffying Itetliteet Date: Melvin A. .Tooker, Acti.nq Secretary Environmental Review Board f J . ; I�TINGTON BEACH FL1bli0h 7/28/77 " P 'AI NWQ DEPT. Poo tcards -0- JUL 21 1977 p. 0. [3ox 190 NOTICE .OF PUBLIC HEARING CA 92648Nun4ington 3emsh, �oDE_AMENnr�rrr NO. 76-8 NOTICE IS HEMBY GIVEN that a public hearih� 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 P.M. , or to soon therea f ter.:as p® sib e, ofl Monday the 15th day of August s 19 ,` for :the 'purpose of considering proposed Code Amendruent, No 76-8 including amendments to Section 9103 et seq of the Huntington Beach Ards.nance�.Code and Section. 17,24 010., et seq of the Huntington Beach Municipal .Code, all pertunsng tp the regulation: of sun decks, projecting decks and`windscr'eens on_,waterfront lots.. A copy of the proposed Code Amendment is ori ,fili. in the Planning Department. Ail interested person' are inwited .to .attend said hearing and express their opinions for or against -otid code amendment Further information may be obtain®d from the Gffiee of the: City Clerk. DATE® 7/20j77 CI1°YOF- HUNTINGTON, E . .:By: Alicia. m Wentworth, City. Clerk NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING. ITEM ���� /r • � v� � _� TO: CITY CLERIC'S OFFICE DATE: 7t/-�/�Z?, -2 7/ FROM: „i1.,1)I(�_—__L�% _�` `) „ PLEASE SCHEDULE A PUBLIC" HEARING USING THE ATTACHED LEGAL NOTICE FOR THEj DAY OF �V U s� , 197 7 . i i i AP's are attached AP's will follow No AP's Initiated by: Planning Commission I Planning Department Other Adoption of Environmental Status # / YES NO i o Affidavit f ®ca �0 State of California County of Orange SS .City of Huntington Beach George Farquhar, being duly sworn on oath, says: That he is a citizen of the United States, over the age of twenty-one years. That he is the printer and publisher of the Huntington Beach News, a weekly newspaper of general circulation printed and pub- lished in Huntington Beach, California and circulated in the said County of Orange and elsewhere and published for the dissemination of local and other news of a general character; and has a bona fide subscription list of paying subscribers, and said paper has been established, printed and published in the State of California, and County of Orange, for at least one year next before the publication F, l shed Huntington Beach News, July of the first insertion of this notice; and the said newspaper is not 7 1�77 devoted to the interest. of, or published for the entertainment of any LEGAL NOTICE particular class, profession, trade, calling, race or denomination, or rsorlre or PUF1LAC HEARING any number thereof. CUBE A,,IENDNIENT No. 76-8 The Huntington Beach New was adjudicated a legal newspaper aOTi,:F I!, HEREBY GIVEN that a public will be held by the City Planning. of general circulation by Judge G. K. Scovel in the Superior Court �c,mmi�sion of the city of Huntinwton. of Orange County, California August 27th, 1937 by order No. A-5931. ;ch, c)lifornia, for the purpc•se of 7=F;,cring proposed Code Amendment; No. 768 including amendments to Sec- Mat the G0LIE' AMENTI)MENT NO, 76--8 on 91: s et seq cf the Huntingrcn' ae c,h Ordinance Code and S'eclion- 17.2d.010 et seq of the Huntingtc•n Pesach Municipal Code, all pertaining to t';? regulation of sun decks, projecting of which the annexed is a printed copy, was published in said news- R-c!<s and windscreens on watar runt i,�ts. R. cc;py of the proposed Code r.mer,dmc;�t is on file in the Planning' paper. at least One issue I �c,.rrtment. ;aid hcarin, will be held at the hour r` 7:C0 P.M., on Ju'y 19, _77, in thr commencing from the 7th day of -T1zly. courcii c^,amrers Bcil,:rng of the Civ.r- :en!er, 2000 Main Street, Hunting4or ca h, California. 19�, and ending on the th day of JI11Y _ III id said rint.,persons are invited t,; -a:end said hear.ng and express their ooinicns for or against the proposed aide Amendment. 19-2-7-- both days inclusive, and as often during said period and -urti,er information may be obtaine.� times of publication as said paper was regularly issued, and in the orn tf,e city Planning Department. regular and entire issue of said pewspaper proper, and not in a one No. (114) 53&-5271 supplement, and said notice was published therein on the following GATED this 7th day of Jury, 1977. dates, to-wit: CITY PLANNII\GCOMM,ISSION y By: Edward D. elich Secretary July 7 , 1.�77 - - ", =Publisher Subscribed and sworn to before me this 8th clay of July, 19.17 Notary Public Orange County, California ------------ THOMAS D. WYLLIE Notary Public-Cilii.�rnia Orange Counfy ' ,,fy��✓ My Commission Cxpires r - 'f t ocn'P September 12, 1973 f Ly WHITE--CITY ATTORNEY - BLUE-CITY CLERK L' CITY OF HUNTINGTON BEACH No. - GREEN,.-CITY ADMINISTRATOR CANARY-DEPARTMENTAL - „�.risc*one REQUEST for ORDINANCE or RESOLUTION Date Request made by Department May 11, 1976 Dave Eadie Planning INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council ` Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate,';;; 'paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must be cleared and approved by the Director of Finance before submitting to City Administrator's Office. Preparation of an Ordinance or Resolution is hereby requested: Please prepare two (2) ordinances encompassing an amendment toy Title 17.24 "Sun Decks and Windscreens" and .an amendment to Division 9 "Projecting Decks and Windscreens" per the attached drafts. The ordinances will be presented to the Planning Commission at its May 25, 1976 Study Session, REPLY REQUESTED BY 5-18-76 P Desired effective date Signed: Approved as to availability of funds July, 1976 Director of Finance ub City Attorney—Please prepare and printed copies to this office by: City Administrator Y WHITE-CITY ATTORNEY _ CITY OF HUNTINGTON BEACH No. BLUE-CITY CLERK ",-REEN-CITY ADMINISTRATOR17 %CANARY-DEPARTMENTAL .7,,,„Y_,�„ REQUEST for ORDINANCE or',RESOLUTION... Date Request made by Department 7/20/7 7 DaV t,adie: INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council Meeting at which it is to be introduced. Print or type facts necessary for City Attorneys use in preparation of ordinance. In a separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertmeni�to the subject.All appropriation requests must be cleared and approved by the Director of Finance before submitting to City Administrator's Office. Preparation of an Ordinance or Resolution is hereby requested: Cole I'Amerdtem': No. 76-8 Please p epars an ordinance from L-1ho a'tcichavl. which C,!as i 3=0i _,7ila l y c^ap?ro ed by the 7 Ilan i ng Coo-mission 8,,11- 'e:hei r :.Tuly 19 , d 2-77 regular rec�`ix�c�.o Tisi S itevt will l be noticed fo� 7u Z ..�,c: I--a�ia:� . ."'..:f:ors. 'the City 0U"il*anci1, fortheir August 15, !977 .iG'ejull eat Receipt roquestsd bV AUgUSt 5, 1977. l"ao .or you.-,:., +�"..C�oa...�- y�Qn in th3.a. dII4te_ro i U V Y , / n Desired effective date Signed: /! �� Approved as to availability of funds Director of Finance City Attorney—Please prepare and submit printed copies to this office by: City Administrator 1