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HomeMy WebLinkAboutCode Amendment 86-27 - Council DENIED Proposed Ordinance 288 !Sol all pubilc to j __;pertor Court cl Cirange County.. ,r4tfOW5 elated 29 Se,-16-bef, 1961. and A-2 4 8 3 t o d i 1 June. 363 L) c. STATE OF CALIFORNIA County of Orange P.b1K N01-C4 Aovwmno cowed oy INS al"Clawt Is W In 7 Point with 10 pica column vAdth I am a Citizen of the United States and a resident of the County aforesaid-, I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange PUBLIC NOTICE Coast DAILY PILOT, with which is combined the NOTICE OF PUBLIC HEARING NEWS-PRESS, a newspaper of .general circulation, CODE-AMENDMENT NO.86-27 i�rinted and published in the City of Costa Mesa, (Second Units County of Orange. State of California, and that a 4Within District"R1 PUBLIC HEARING NOTICE IS HEREBY Notice of GIVEN that the Huntington I Beach City Council will hold Ja public hearing in the Coun- cil Chamber at the HunY ington Beach Civic Center,' 2000 Main Street, Hunt- of which copy attached hereto is a true and complete I lington Beach,California,on the date and at the time in- copy, was printed and published in the Costa Mesa, dicated below to receive and �consider the statements of Newport Beach, Huntington Beach, Fountain Valley, all persons who wish to be heard relative to the appli- {r,,Jne, the South Coast communities and Laguna cation described below. DATE: Monday, Novem- 6,.e.acn issues of said newspaper for ONE TIME ber 17, 1986 TIME:7:30 P.M. X,xr}!;XmXK,ffXZeRMtO wit the issue(s) of SUBJECT: Code Amend- ment No.86-27 APPLICANT:City of Hunt- ington Beach LOCATION:City-wide PROPOSAL: To amend Nov-ember 6 6 Section,9110.3 of the Hunt- 198— ington Beach Ordinance Code related to provisions for adding a second unit (granny unit)to a single fam- 198— ily home. The specific change is to require that the primary access to the sec- ond unit be through the main 198— dwelling's entrance. ENVIRONMENTAL STATUS:The proposed pro- ject is categorically exempt 198— from the provisions of the California 'Environmental Quality Act. ON-FILE: A copy of the 198— proposed ordinance is on (file in the Development Ser- vices Department. ALL INTERESTED PER- SONS are invited to attend I der-fare, under penalty of perjury, that the opinions or s said hearing and expressubmit evidence III foregoing is true and correct. .for or against the application above.as outlined All appli- cations, exhibits, and de- scriptions of this proposal� Noveriber 6 6 are on file with the office of I Executed on 198 — the City Clerk, 2000 Main, Street, Huntington Beach, Cosa Mesa, C,a 1if rn a California, for inspection by (� the public. HUNTINGTON BEACH, CITY COUNCIL; By: Alicia I' M. Wentwotith, City Clerk, Slignature Phone:(714)536-,6405 Published Orange Coast Daily Pilot November b, 1986 T6225 ;alp IC&PROOF F P/SL REQUEb f FOR CITY COUNCIL ACTION Date November 17, 1986 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administra o { m Prepared by: James W. Palin, Director, Development Services Subject: CODE AMENDMENT NO. 86-27, CITY OF HUNTINGTON BE H SECOND UNIT ADDITIONS TO SINGLE FAMILY HOMES Consistent with Council Policy? [ ] Yes [A New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Code Amendment No. 86-27 is being processed as a result of Planning Commission direction on June 3, 1986. At that meeting, staff presented several issues of concern and identified changes that could be made in the code for second unit additions in R1 neighborhoods . Staff was directed to incorporate one item in a code amendment, that of prohibiting the separate exterior entrance to the second unit . After discussion, the Planning Commission changed the recommendation to allow secondary exits in order to comply with fire codes for , emergency exit requirements . RECOMMENDATION: Planning Commission and staff recommends approval of Code Amendment No. 86-27. Planning Commission action on October 21 , 1986 : ON MOTION BY PORTER AND SECOND BY WINCHELL, THE PLANNING COMMISSION APPROVED CODE AMENDMENT NO. 86-27 AND RECOMMENDED ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Porter, Mirjahangir NOES : Livengood, Pierce ABSENT: Erskine ABSTAN: None ANALYSIS: The content change the Planning Commision directed staff to include relates to outside entrance doors. The current code requirement states that the entrance to the second unit shall not be visible from the street in front of the residence. The proposed change would require that the primary access to the second unit be from inside of the main dwelling itself, but that secondary access be provided as required by the Fire Department . 00V;�%D PIO 4/84 The intent is to make it easier for the house to be integrated in the future should another owner wish to incorporate the square footage for use as part of the main house. Also, it is to make it clearer that the code is intended to provide an opportunity for relatives to share a home with some degree of privacy separation , rather than to provide for a second unit as a separate rental apartment . ENVIRONMENTAL STATUS : The proposed project is categorically exempt from the provisions of the California Environmental Quality Act . FUNDING SOURCE: Not applicable . ALTERNATIVE ACTION: Modify ordinance as desired . ATTACHMENTS: 1. Ordinance 2. Planning Commission staff report and minutes dated October 21, 1986 JWP :JA: kla RCA - 11/17/86 -2- ' ( 6580d ) ti ORDINANCE NO. . AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9110 . 3 A MAXIMUM DENSITY/INTENSITY 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 Section 9110. 3, to read as follows : 9110. 3 MAXIMUM DENSITY/INTENSITY. The maximum density , shall not exceed one (1) dwelling unit per lot. Exception: A second unit may be added to an existing single family residence upon approval of a conditional use permit subject to the following standards: (a ) The applicant shall be an owner occupant . (b) The minimum lot size shall be six thousand ( 6, 000 ) square feet . (c ) The second unit shall be attached to the main dwelling in such a manner as to create an architecturally unified whole, not resulting in any change to the visible character of the street . Primary access ¢�1)L� �1¢¢ to the second unit shall ¢¢Y be through the main dwellings 's entrance, although secondary access shall be provided as required by the Fire Department. (d) The maximum square footage of the second unit shall be six hundred fifty ( 650 ) square feet nor shall it exceed one (1 ) bedroom. (e) The second unit shall not be sold separately from the main dwelling. (f ) Four ( 4) total on-site parking spaces (nine ( 9 ) feet by nineteen (19 ) feet in size) shall be provided, two ( 2 ) of which may be unenclosed, uncovered and arranged in tandem with the existing spaces . Unenclosed spaces shall be located on the driveway apron or on a paved area between the driveway and the nearest side property line. Recreational vehicle storage shall not be permitted within any required parking space. (g) The second unit shall comply with all applicable land use regulations of the Huntington Beach Ordinance Code except as specified herein. (h ) The park and recreation fee shall be assessed at twenty-five ( 25% ) percent of the fee for a single family residence as set by resolution of the City Council . ( i ) No separate utility meters shall be permitted for the second unit . ( j ) The following safety and conservation measures for the new unit shall be implemented: 1 . Insulation of accessible attic areas to R-19 . 2. Weatherstripping of doors and windows . 3. Installation of low flow showerheads and faucets certified by the California Energy Commission. 4 . Installation of approved smoke detectors. SECTION 2. This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on day of , 1986 Mayor ATTEST APPROVED AS TO FORM: City Clerk City Attorney REVIEWED: NITIATED AND APPROVED: too Cz Adminis a or zrector of Development Services 1704L 11-6-86 (12 ) The Planning Commission reserves the right to revoke the approval of a child carl facility if a violation of the conditions of approval cccOrs. All revocation proceedings shall be preceded by a ru,b.lic hearing. A MOTION WAS MADE BY LIVENG00 , SECOND BY PIERCE, TO APPROVE CODE AMENDMENT NO. 86-30, AS AMEND D, AND RECOMMEND ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOT : AYES: Rowe, Winchell , Por er, Livengood, Pierce, Mirjahangir NOES: None ABSENT: Erskine ABSTAIN: None MOTION PASSED �C-4�LCO�DEMENDMENT�NO- 86-•27 APPLICANT: CITY OF HUNTINGTON BEACH This item was continued from the meeting of September 16, 1986, with direction to staff to modify the ordinance to allow for secondary entrances into the units in order to comply with fire codes for emergency exit requirements. Code Amendment No. 86-27 is being processed as a result of Planning Commission direction on June 3, 1986. At that meeting, staff presented several issues of concern and identified changes that could be made in the code for second unit additions . Staff was directed to incorporate one item in a code amendment, that of prohibiting the separate exterior entrance to the second unit . ENVIRONMENTAL STATUS: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the code amendment and the public hearing was closed. Commissioner Pierce expressed his opposition to the code amendment . He feels that the current code preserves the integrity of the neighborhood by restricting the"..,"Visibility of a second entrance from the street, and feels that second entrances can be socially , beneficial . Commissioner Livengood supported the intent of the code amendment however felt that the amendment still left too many loopholes . PC Minutes - 10/21/86 -11- (6522d ) A MOTION WAS MADE BY PORTER, SECOND BY WINCHELL, TO APPROV CODE AMENDMENT NO. 86-27 AND RECOMMEND ADOPTION BY THE CITY CO CIL, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell , Porter , Mirjahangir NOES: Livengood, Pierce ABSENT: Erskine ABSTAIn : None MOTION PASSED C-5 CONDITIONAL USE PERMIT NO 86-50/COAST L DEVELOPMENT PERMIT NO. - NEGATIVE DECLAR TI N APPLICANT: SUMMERHILL DE ELOPMENT CO. AND REDEVELOPMENT AGENCY Conditional Use Permit No. 86-50 Coast 1 Development Permit No. 86-30/Negative Declaration No. 8 -51 is a conceptual development plan for a 161 unit planned resi ent al development. The proposed project lies in the Oldtown Spec fi Plan District 2 and Downtown Specific Plan District 6. The t zones are a result of the adoption of Precise Plan of Stre_ Alignment No. 84-2 .which established a new street config ation of Atlanta/Lake/Orange. The Oldtown Specific Plan portion 1 contain the residential structures and parking while e Downtown Specific Plan portion will be used as the main recreati nal rea for the project. Since the project is divid d into two zoning classifications , staff analyzed the project by u ing a p o-rata density allowed for each zone. Tentative Tract No. 12 68 was app oved on appeal by the City Council on August 6, 1985, an is valid u til August 6, . 1987. " No further action is required a this time. ENVIRONMENTAL STAT S: Pursuant to the vironmental reg lations in effect at this time, the Department f Development Ser ices posted draft Negative Declaration No. 86-51 for ten day , and no comments , either verbal or written ha v been received . • T e staff, in its initial study of the project , as recommended that a negative declaration be issued Prior to any action on Conditional Use Permit No. 86-50 and Coastal Development Permit No. 86-30, it is necessary for the Planning Commission to review and act on . N gative Declaration No . 86-30. COASTAL TATUS: /allt ect site is an area designated as "non appealable" which is area of the coastal zone, ying inland from the appeal tion. es - 10/21/86 -1 - (6522d ) 1 (12 ) The Planning Commission reserves the right to revoke the approval of a child care facility if a violation of the conditions of approval occurs. All revocation proceedings shall be preceded by a public hearing. A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO APPROVE CODE AMENDMENT NO. 86-30, AS AMENDED, : AND RECOMMEND ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell , Porter, Livengood, Pierce, Mirjahangir NOES: None ABSENT: Erskine ABSTAIN: None MOTION PASSED C-4 CODE AMENDMENT NO. 86-27 APPLICANT: CITY OF HUNTINGTON BEACH This item was continued from the meeting of September 16, 1986, with direction to staff to modify the ordinance to allow for secondary entrances into the units in order to comply with fire codes for emergency exit requirements. Code Amendment No. 86-27 � is being processed as a result of Planning Commission direction on June 3., J986. At that meeting, staff presented several issues of concern and identified changes that could be made in the code for second unit additions . Staff was directed to incorporate one item in a code amendment, that of prohibiting the separate exterior entrance to the second unit . ENVIRONMENTAL STATUS: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act . THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the code amendment and the public hearing was closed. Commissioner Pierce expressed his opposition to the code amendment . He feels that the current code preserves the integrity of the neighborhood by restricting the" visibility of a second entrance from the street, and feels that second entrances can be socially beneficial . Commissioner Livengood supported the intent of the code amendment however felt that the amendment still left too many loopholes . PC Minutes - 10/21/86 -11- (6522d ) A MOTION WAS MADE BY PORTER, SECOND BY. WINCHELL, TO APPROVE CODE AMENDMENT NO. 86-27 AND RECOMMEND ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell , Porter , Mirjahangir NOES: Livengood, . Pierce ABSENT: Erskine ABSTAIn : None MOTION PASSED C-5 CONDITIONAL USE PERMIT 10. 86-50/COASTAL DEVELOPMENT PERMIT NO. 86-TUTNEGATIVE DECLARATION N - APPLICANT: SUMMERHILL DEVELOPMENT CO. AND REDEVELOPMENT AGENCY Conditional Use Permit No. 86 50/Coastal Development 'Permit No. 86-30/Negative Declaration No 86-51 is a conceptual development plan for a 161 unit planned residential development. The proposed project lies in the Oldtown S ecific Plan District 2 and Downtown Specific Plan District 6. Th two zones are a result of the adoption of Precise Plan of S1he reet Alignment No. 84-2 which established a new street confguration of Atlanta/Lake/Orange. The Oldtown Specific Plan portionwill contain the residential structures and parking while Downtown Specific Plan portion will be used as the main recreatio al area for the project. Since the project is divided jntiO two zoning classifications, staff analyzed the project by using a pro-rata density allowed for each zone. Tentative Tract No. 12268 was approved on appeal by the City Council on August 6, 1985, and is valid until August 6, 1987. No further action is required at this tire. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Development Services posted draft Negative Declaration No. 86-51 for ten days, and no comments, either verbal or written have been received . , The staff, in its initial study of the project , has recommended that a negative declaration be issued Prior to any action on Conditional Use Permit No. 86-50 and Coastal Development Permit No. 86-30, it is necessary for the Planning Commission to review and act o Negative Declaration No. 86-30. COASTAL STATUS: The subject site is an area de ignated as "non appealable" which is all the area of the coastal zone, lying inland from the appeal jurisdiction . PC Minutes - 10/21/86 -12- (6522d ) huntington beach development services department STAf f T0: Planning Commission FROM: Development Services DATE: October 21 , 1986 SUBJECT: CODE AMENDMENT NO. 86-27 APPLICANT: City of Huntington Beach REQUEST: To amend Section 9110 .3 of the Huntington Beach Ordinance Code related to provisions for second unit additions to single family homes . 1 . 0 SUGGESTED ACTION: Approve Code Amendment No . 86-27 and recommend adoption by the City Council . 2.0 GENERAL INFORMATION: This item was continued from the meeting of September 16, 1986, with direction to staff to modify the ordinance to allow for secondary entrances into the units in order to comply with fire codes for emergency exit requirements . Code Amendment No . 86-27 is being processed as a result of Planning Commission direction on June 3, 1986 . At that meeting, staff presented several issues of concern and identified changes that could be made in the code for second unit additions . Staff was directed to incorporate one item in a code amendment, that ' of prohibiting the separate exterior entrance to the second unit . 3. 0 ENVIRONMENTAL STATUS: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act. 4 .0 CONTENT CHANGE: The current code requirement related to the outside entrance doors for second unit additions states that, "the entrance to the second unit shall not be visible from the street in front of the residence . " The proposed change would require that the primary access to the second unit be from the inside of the main dwelling itself but that secondary access be provided as required by the Fire Department . Atftk A-FM-23A ATTACHMENTS: 1 . Draft Ordinance 2. Exerpt from current code, Section 9110. 3 3 . Planning Commission staff report dated June 3, 1986 JPW:JA: kla Staff Report - 10/21/86 -2 (6012d) Publi 11/6/86 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 86-27 (Second Units Within R1 Districts) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE: Monday, November 17, 1986 TIME: 7:30 P.M. SUBJECT: Code Amendment No. 86-27 APPLIC&NT: City of Huntington Beach LOCATION: City-wide PROPOSAL: To amend Section 9110. 3 of the Huntington Beach Ordinance Code related to provisions for adding a second unit (granny unit) to a single family home. The specific change is to require that the primary access to the second unit be through the main dwelling' s entrance. ENVIRONMENTAL STATUS : The proposed project is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed ordinance is on file in the Department of Development Services. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence Eor or against the application as outlined above. All applications, exhibits, and descriptions of this proposal are on file with the Office of the City Clerk, 2000 Main Street, Huntington Beach, California, for inspection by the public. HUNTINGTON BEACH CITY COUNCIL By: Alicia M. Wentworth City Clerk Phone (714) 536-5405 ' - Dated October sl , 1986 t 1' orac 0 , poezz�e ;I CODE AMENDMENT NO. 86 y'27 �� x x 55 t (Second Units Within R1 Districts) NOTICE IS HEREBY GIVEN that the Huntington Beach Planning Commission Will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME• Wednesday, Segts"mber 3, 1 86, 7: 0 0 PM APPLICATION NUMBER: Code Amendment No. 86-27 APPLICANT: City of Huntington Beach REQUEST: To amend Section 9110.3 of the Huntington Beach Ordinance Code related to provisions for adding a second unit (granny unit ) to a single family home. The specific change is to require that access to the second unit be ut main t � entrance. � 'e through the ENVIRONMENTAL S ATUS: (1 The proposed prro}ect"is categorically from the provisions of the California exempt Environmental Quality Act. ON FILE: A copy of the proposed ordinance is on file in the Department of Development Services, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as Outlined above. If there are any further Jeff Abramowitz, Assistant Planner at 536-527questions please call James W. Palin, Secretary Huntington Beach Planning Commission (5960d-3) have r row �s�nta :_,Please Print Your Name '- ---- ""lnciud �� "* +�ntbor;Zed filing requirements on the reverse side of this application. I am the agent of the subjectproperty. _. J ro ert I hereby affirm under penalty of , p p - Y• Y P Y i 0 NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING ITEM CDe& 4oA# y �Uu . 86 " 3v (414�r �) 66 T0: CITY CLERK'S OFFICE � + � q DTE:°X FROM: R l�! 3�g(0 PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE DAY OF 1986 AP's are attached AP's will follow ' s Initiated by: Planning Commission Planning Department Petition * Appeal Other Adoption of Environmental Status (x) EIR ND NONE Has City Attorney's Office been YES NO informed of forthcoming public hearing? Refer to � f�-�Q,,�, -f,� Planning Department - ExtensionbZ1� for additional information. * If appeal , please transmit exact wording to be required in the legal . IS THIS AN APPEALABLE DEVELOPMENT (COASTAL DEVELOPMENT PERMIT ? RSA / YES NO 0.4 Cam, - Huntington Reach 03 Moi,on 4,, aphro v A®Lltaln Valley -4-01 �'cKe oc y�,d RM 6(AIIisdle► kRoar Of REALTORS® ync• F1Kt*y, C3alltyr Tkvyw —Ma ) R E A LTO R i1K VAY Jd Arwy 8101 Slater Avenue • Huntington Beach, CA 92647 • (714) 847-6093 �W XG —� � 7 h � �®o.0,0 ��A1 p November 14, 1986 D NOV 1 71986 Robert P. Mandic, Jr. , Mayor CITY OF HUNTINGTON BEACH and Members of the City Council CITY COUNCIL OFFICE City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Agenda Item D-2B, Code Amendment 86-27, Amending Section 9110.3 Related to Provisions for Second Unit Additions Single Family Homes Honorable Commissioners: On behalf of the Huntington Beach/Fountain Valley Board of REALTORS, I wish to oppose the amendment proposed by staff to require that access for residential second units only be permitted from inside the main dwelling unit. We feel that the Ordinance Code as it currently stands which provides that "entrance to the second unit shall not be visible from the street" adequately preserves the integrity of the neighborhood without unduly infringing upon the living conditions of the property owners. There is no justification for the elimination of a private entrance if that is the desire of the property owners. This is an unnecessary intrusion into private citizen's lifestyles, which in our view, is totally outside the purview of respon- sible and responsive city government. In addition, we believe that the proposed change is not consistent with the authorizing legislation in that S.B. 1534 (Mello) Sec. 2, Section 65852.2 (d) defines a second unit as "either a detached or attached dwelling unit which provides complete, independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation. . ." We submit that a residential second unit whose primary entrance is required to be through the main dwelling unit does not qualify as an independent unit and that arrangements for access to the second unit through someone else's home can not be considered to provide permanent provisions for living. In fact, OFFICERS R.L. "KIRK" KIRKLAND, President • LILA NOWELL, First Vice President JAN SHOMAKER, Second Vice President/MLS Chairman • BETH DUNCOMBE, Secretary/Treasurer DIRECTORS KENT M. PIERCE o LARRY GAGE• MAGGIE SHAFFER • JIM RIGHEIMER• FRANK C. HORZEWSKI WILL WOODS, Executive Vice President 9 JUD TH SEVERY, Vice President/Public Affairs Huntington Beach City Council, Agenda Item D-213 November 14, 1986 Page 2 a living facility without its own primary entrance can hardly be described as "complete." We strongly urge that you deny this Code Amendment which is an infringement upon the private property rights of Huntington Beach residents. Sincerely, R.L. "Kirk" Kirkland Board President RLK/JAS/km