HomeMy WebLinkAboutCode Amendment 86-33 - Ordinance 2894 - Oldtown/Townlot Stan d Fill fe t
A;,:thor„t=d t0 Pubitsh Adveritsemenis of all xurt)s ,rclud!nrj public
.notices uy Decr=_l of the Superior C,'urt of Orange County, '
California, Numbor A-6214, dated 29 September. 1961, and
A-24831, bated 11 June, 1963.
STATE OF CALIFORNIA
County of Orange Pubbc t+ot,ce Advenunp cowed
by this antaavtt �s set n 7 point
wnh /0 pica Column width
1 am a Citizen of the United States and a resident of Pi6c NOTICE j
the County aforesaid; I am over the age of eighteen NOTICE OF
PUBLIC HEARING
years, and not a party to or interested In the below CODE AMENDMENT
entitled matter. I am a principal clerk of the Orange + Building
Coast DAILY PILOT, with which is combined the S tbacks/Lot
Frontage
NEWS-PRESS, a newspaper of general circulation, NOTICE IS HEREBY
GIVEN that the Huntington
printed and published in the City of Costa Mesa, Beach City Council will hold
a public;hearing in the Coun-
County of Orange, State of California, and that a oil Chamber at the Hunt-
Notice of _Public Hearing j
ington Beach Civic Center,
2000 Main street, Hunt-
ington Beach,California,on
the date and at the time in-
- ---- -- dicated below to receive and
consider the statements of
_- — - all persons who wish to be
of which copy attached hereto is a true and complete heard relative to the appli-
cation described below.
copy, was printed and published in the Costa Mesa, DATE: Monday, March 2,
1987
TIME:Newport Beach, Huntington Beach, Fountain Valley, i SUBJECT:
Cod
l SUBJECT: Code Amend- '
ent N .86-33
Irvine, the South Coast communities and Laguna mAPPLICANT:City of Hunt-
Beach issues of said er news a for one time ington Beach �
newspaper LOCATION: Old-
town/Townlot District
wx*ne_fi ket:w Ro wit the issue(s) of I PROPOSAL: To amend
Articr'e ;913 (Old-
town/Townlot) to clarify
minimum distance required
between buildings and mini-
mum front and side yard set-
February 19 198 7 back.Also to permit twenty-
--- ,five foot wide lots in the
Townlot'area only.
ENVIRONMENTAL
198 STATUS:The proposed pro-
ject is categorically exempt
pursuant to the provisions of
the California Environmental
98 Quality Act.
ON FILE: A copy of the
proposed ordinance is on
file in the Department of De-
t98 velopment Services.
ALL INTERESTED PER-i
iinions,or
ONS are invited to attend
id hearing and express
submit evidence
-- -------------------, 198 for or against the application
as outlined above.All appli-
cations, exhibits, and de-
scriptions of this proposal
!are on file with the Office of
I declare, under penalty of perjury, that the ;the City Clerk, 2000 Main
Street, Huntington Beach,
foregoing is true and correct. ;California,for inspection by
the public.
HUNTINGTON BEACH
CITY COUNCIL, By: Alicia
M. Wentworth, City Clerk,
Executed on February 19 , i98 7 iPhone:(714)536-5405
at Costa Published Orange Coast
Mesa, Callfornl Daily Pilot February 19,1987
Th458 J
—�— Signature �—
r:
PROOF OF PUBLICATION
�w
y
Authorized to Publish Advertisements of all kit s including public
lnotici-4 by Decree of the Superior Court of Orange County,
California, Number A-6214, dated 29 September. 1961, and
A-24831, dated 11 June. 1963.
STATE OF CALIFORNIA .
County of Orange Public Notice Adrerluing covered
by this amdavo is set ,n r point
run 10 pica column ridth
I am a Citizen of the United States and a resident of PUBLIC NOTICE
NOTICE'OF
the County aforesaid; I am over the age of eighteen PUBLIC HEARING
CODE AMENDMENT
years, and not a party to or interested in the below NO.86-33
(Building
entitled matter. I am a principal clerk of the Orange Separation/
Setbacks/Lot
Coast DAILY PILOT, with which is combined the Frontage)
NOTICE IS HEREBY
NEWS-PRESS, a newspaper of general circulation, GIVEN that the Huntington
Beach Planning Commission
printed and published in the City of Costa Mesa, will hold a,public hearing in
the Council Chamber at the
County of Orange, State of California, and that a Huntington Beach Civic
Center, 2000 Main Street,
Notice of Public Hearing Huntington Beach,
(Calfornia,on the date,and at
the time indicated below to
receive and consider the
statements of all persons
iwho wish to be heard rela-
of which copy attached hereto is a true and complete ,five to the application de-
scribed below,
copy, was printed and published In the Costa Mesa, Feb uarry 3, 1987,700 PM
y
Newport Beach, Huntington Beach, Fountain Valley, ;CoN NUMBER:
deA endlmOent No. 6-3
Irvine, the South Coast communities and Laguna APPLICANT:City of Hunt-
ington Beach
Beach issues of said newspaper for one time REQUEST: 3 amend
Article 913 (Old- :
�town/Townlot) to clarify
to wit the issue(s) of (minimum distance required
between buildings and mini-
Imum ide yard setback 4er
e-main
ppty'1C ingee Also, to permit
January 23 1987 A6<1 twenty-five foot wide lots in
Ithe Townlot area only.
ENVIRONMENTAL
(STATUS:The proposed pro-.
198 lect is!categorically exempt
pursuant.,- from the
;provisions of the,California
,Environmental Quality Act.
198 ON FILE: A copy of the
,proposed ordinance is on I
(file in the Department of De-�
velopment Services, 2000+
198 (Main Street, Huntington) 141,
Beach,California 92648,for, ,VT)/`!^
inspection by the public. I Ds.yEL , uTo1i j3l-nl,,
ALL INTERESTED PER2 Ofr�iviEPV 1
SONS are invited to attend
198 Isaid hearing and express., -5
(opinions,or submit evidence) JA
,for or against the application;
as outlined above. If there J
rare any- further questions P.
1 declare, under penalty of perjury, that the please call Jeff Abramowitz, 1qtf n O` BO Ig
9 48
Assistant Planner at n�� gt0 X CA
foregoing is true and correct. 536-5271. n Beach,
James' W. Palln,,Sec- � �
retary, Huntington Beach
Planning'Commission
J a n u a r 2 3 7 Published Orange Coast
Executed on y , 198 _. Daily Pilot January 23, 1987
at Costa Mesa, California. _ I F311�
t ,
Signature
PROF OF PUBLICATION
�ul-
Publish 2/17/87
NOTICE OF PUBLIC HMING
CODE AMENDMENT NO. 86-33
Building Separation/Setbacks/Lot Frontage
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, March 2, 1987
TIME: 7:00 P.M.
SUBJECT: Code Amendment No. 86-33
APPLICANT: City of Huntington Beach
LOCATION: Oldtown/Townlot District
PROPOSAL: To amend Article 913 (Oldtown/Townlot) to clarify minimum distance
required between buildings and minimum front and side yard setback.
Also to permit twenty-five foot wide lots in the Townlot area only.
ENVIRONMENTAL STATUS : The proposed project is categorically exempt pursuant
to 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 for 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 2/12/87
REQUEST FOR CITY COUNCIL, ACTION
Date March 2, 1987
Submitted to: Honorable Mayor and City Council
Submitted by: °j Charles W. Thompson, City Administrator
1®
Prepared by: James W. Palin, Director, Development Service4NARDS
Q
Subject;� o CODE AMENDMENT NO. 86-33 - OLDTOWN/TOWNLOT STREGARDING: MINIMUM PARCEL FRONTAGE, FRONT ANDE YARD
SETBACKS AND MISCELLANEOUS REQUIREMENTS
Consistent with Council Policy? [ ] Yes 4 New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE :
Code Amendment No. 86-33 addresses several different requirements
for developments within the Oldtown and Townlot areas of the City,
including the subject that was initiated by the Commission at the
January 21, 1987 meeting - that of minimum lot frontage.
Also incorporated as part of the proposed ordinance are other
modifications that staff has identified for the Commission' s
consideration . Each will be discussed in the Analysis Section of
this report .
RECOMMENDATION:
Planning Commission action on February 3, 1987 :
ON MOTION BY LIVENGOOD, SECOND BY PIERCE, THE PLANNING COMMISSION
VOTES TO APPROVE CODE AMENDMENT NO. 86-33 AND RECOMMEND ADOPTION BY
THE CITY COUNCIL, BY THE FOLLOWING VOTE:
AYES : Leipzig, Schumacher, Livengood, Pierce, Higgins,
Summerell, Silva
NOES : None
ABSENT: None
ABSTAIN: None
Staff recommendation is identical to that of the Planning Commission.
ANALYSIS :
The following list identifies and explains each proposed revision to
Article 913, Oldtown/Townlot Districts . In addition, the
legislative draft ordinance attached to this report can be used to
note specific additions and deletions . The page number indicated
refers to the page of the ordinance where the provision is addressed .
® VJ
PI O 5185 - - "
PAGE 1.
Section 9130 . 2 , Minimum Parcel Size/Frontage. As directed by the
Planning Commission, the minimum lot frontage for the Townlot area
only has been reduced to twenty-five feet. In the Oldtown area, the
thirty foot minimum will remain for new lots, but those in existence
prior to June 1974 can be twenty-five feet wide.
Section 9130 .6 (a) , Setback - Front Yard. Several words have been
inserted in order to clarify the exception given for allowing a
reduced setback for a portion of a structure, provided an average
setback is maintained as required . The change should make it clear
that the reduced seven foot setback is for the dwelling only and
does not allow further projections such as balconies or outdoor
stairways to be located any closer to the front property line.
PAGE 2.
Section 9130. 7, Setback - Side Yard.
( 1) Interior and exterior side yard setbacks as written have posed
a problem in terms of requiring an excessive side yard and
reducing the width of a dwelling, especially on those lots that
are greater in width than 25 or 50 feet . The original wording
required that the aggregate setback be 200 of lot width. In
other words, the two side yard setbacks for a 75 foot wide lot
would total 15 feet . The proposed wording establishes a
maximum setback as well as a minimum so that the same 75 foot
wide lot would only need to provide two 5 foot wide setbacks
for a total of 10 feet .
( 2 ) One requirement inadvertently omitted as part of a major
rewrite of the standards in 1985 is proposed to be reinstated.
The purpose of this provision, which requires that a minimum
five foot setback be provided to the point where a main entry
door is located on the side of a house, is both to ensure safe
access to the dwelling as well as provide adequate maneuvering
space for the moving of furniture in and out .
( 3 ) The detailed description of eave setbacks and requirements
delineated here (which are not entirely complete or accurate)
has been removed and replaced with a simple reference to the
Uniform Building Code, where the provisions are properly
addressed.
PAGE 3.
Setback - Side Yard (Continued) .
To match the other minimums and maximums established for side yard
setbacks, the provisions for allowing zero lot line homes have been
modified so that the side yard opposite the zero lot line must meet
the 20o requirement, but need not exceed 10 feet . Again, this will
eliminate the imposition of an excessive side yard requirement.
RCA - 3/2/87 -2- ( 7418d )
Section 9130 . 13(c) , Miscellaneous Requirements - Building
Separation. The words struck out in the ordinance in this section
alter the meaning of the provision to include minimum distances
between any buildings on the same lot, whether or not they are
classified as "accessory" ( i .e. detached garages, sheds, etc. ) .
Since both the Oldtown and Townlot districts allow more than one
unit on larger sized lots, it is necessary that the requirement be
expanded in this way.
PAGE 4.
Section 9130 . 13(e) ( 4 ) , Miscellaneous Requirements (Continued) . The
changes shown in this section are not substantive and are slight
modifications suggested by the City Attorney ' s office. This
provision details the City' s requirement that the owner/developer of
a single family home in the Oldtown/Townlot areas submit a notarized
declaration stating that the building was constructed and shall be
limited for use as a single unit .
ENVIRONMENTAL STATUS:
Code Amendment No. 86-33 is exempt from the provisions of the
California Environmental Quality Act.
FUNDING SOURCE•
Not applicable.
ATTACHMENTS:
1 . Ordinance
2. Planning Commission staff report dated February 3, 1987
JWP:JA:kla
RCA - 3/2/87 -3- ( 7418d )
huntingt®n beach development services department
STAf f
EPOWL-
TO: Planning Commission.
FROM: Development Services
DATE: February 3, 1987
SUBJECT: CODE AMENDMENT NO. 86-33 - OLDTOWN/TOWNLOT STANDARDS -
REGARDING: MINIMUM PARCEL FRONTAGE, FRONT AND SIDE YARD
SETBACKS AND MISCELLANEOUS REQUIREMENTS
1 .0 SUGGESTED ACTION:
Approve Code Amendment No. 86-33 and recommend adoption by the City
Council .
2. 0 GENERAL INFORMATION:
Code Amendment No. 86-33 addresses several different requirements
for developments within the Oldtown and Townlot areas of the City,
including the subject that was initiated by the Commission at the
January 21, 1987 meeting - that of minimum lot frontage.
Also incorporated as part of the proposed ordinance are other
modifications that staff has identified for the Commission' s
consideration. Each will be discussed in Section 4 .0 of this report .
3 0 ENVIRONMENTAL STATUS:
Code Amendment No. 86-33 is exempt from the provisions of the
California Environmental Quality Act.
4 . 0 CONTENT CHANGES:
The following list identifies and explains each proposed revision to
Article 913, Oldtown/Townlot Districts. In addition, the draft
ordinance attached to this report can be used to note specific
additions (bold face print) and deletions (slash marks) proposed.
The page number indicated refers to the page of the ordinance where
the provision is addressed.
Page 1. Section 9130 . 2. Minimum Parcel Size/Frontage. As directed
by the Planning Commission, the minimum lot frontage for
the Townlot area only has been reduced to twenty-five
feet. In the Oldtown area, the thirty foot minimum will
remain for new lots, but those in existence prior to June
1974 can be twenty-five feet wide.
A-FM-23A
Page 1. Section 9130 . 6(a) . Setback front Yard. Several words
have been inserted in order to clarify the exception given
for allowing a reduced setback for a portion of a
structure, provided an average setback is maintained as
required. The change should make it clear that the reduced
seven foot setback is for the dwelling only and does not
allow further projections such as balconies or outdoor
stairways to be located any closer to the front property
line.
Page 2 . Section 9130 . 7, Setback - Side Yard.
(1) Interior and exterior side yard setbacks as written
have posed a problem in terms of requiring an excessive
side yard and reducing the width of a dwelling,
especially on those lots that are greater- in width than
25 or 50 feet. The original wording required that the
aggregate setback be 20% of lot width. In other words,
the two side yard setbacks for a -75 foot wide lot would
total 15 feet . The proposed wording establishes a
maximum setback as well as a minimum so that the same
75 foot wide lot would only need to provide two 5 foot
wide setbacks for a total of 10 feet.
(2) One requirement inadvertently omitted as part of a
major rewrite of the standards in 1985 is proposed to
be reinstated. The purpose of this provision, which
requires that a minimum five foot setback be provided
to the point where a main entry door is located on the
side of a house, is both to ensure safe access to the
dwelling as well as provide adequate maneuvering space
for the moving of furniture in and out.
(3) The detailed description of eave setbacks and
requirements delineated here (which are not entirely
complete or accurate) has been removed and replaced
with a simple reference to the Uniform Building Code,
where the provisions are properly addressed.
Page 3 . Setback - Side Yard (Continued) . ,
To match the other minimums and maximums established for
side yard setbacks, the provisions for allowing zero lot
line homes have been modified so that the side yard
opposite the zero lot line must meet the 20% requirement,
but need not exceed 10 feet . Again, this will eliminate
the imposition of an excessive side yard requirement.
Page 3 . Section 9130 . 13(c) , Miscellaneous Requirements - Building
Separation. The words struck out in the ordinance in this
section alter the meaning of the provision to include
minimum distances between any buildings on the same lot,
Staff Report - 2/3/87 -2- (7264d)
whether or not they are classified as "accessory" (i .e.
detached garages, sheds, etc. ) . Since both the Oldtown and
Townlot districts allow more than one unit on larger sized
lots; it is necessary that the requirement be expanded in
this way.
Page 4 . Section 9130 . 13(e) (4) , Miscellaneous Requirements
(Continued) . The changes shown in this section are not
substantive and are slight modifications suggested by the
City Attorney° s office. This provision details the City° s
requirement that the owner/developer of a single family
home in the Oldtown/Townlot areas submit a notarized
declaration stating that the building was constructed and
shall be limited for use as a single unit .
ATTACHMENTS:
1 . Draft Ordinance (Legislative Draft)
2 . Maps showing boundaries of the Oldtown/Townlot areas
JWP:JA:kla
Staff Report - 2/3/87 -3- (7264d)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY AMENDING SECTIONS 9130 . 2 (MINIMUM PARCEL
SIZE/FRONTAGE) , 9130 . 6 (SETBACK--FRONT YARD) ,
9130 . 7 (SETBACK--SIDE YARD) AND 9130. 13
(MISCELLANEOUS REQUIREMENTS) OF ARTICLE 913
The City Council of the City of Huntington Beach does ordain
0
as follows :
SECTION 1 . The Huntington Beach Ordinance Code is hereby
amended by amending Sections 9130 .2, 9130. 6, 9130 . 7 and 9130 . 13 of
Article 913 to read as follows :
9130 . 2 Minimum Parcel Size/Frontage. A licensed land
surveyor or civil engineer. shall submit calculations showing lot
width, depth, and area for any parcel in conformance with the
following:
(a) The minimum lot size for the Oldtown and Townlot areas
shall be twenty-five hundred (2500) square feet.
(b) The minimum lot frontage in the Townlot area shall be
ZXIYty/tZO,, twenty-five (25) feet. The minimum lot frontage
in the Oldtown area shall be thirty (30) feet, tbJ except any
parcel of land created prior to June 5, 1974, the effective date
of Ordinance No. 1912, shall have a minimum lot frontage of
twenty-five feet .
9130. 6 Setback--Front Yard. Front yard setbacks shall be as
follows :
Dwelling, accessory structure: OT: 15 feet
TL: 12 feet
(see. exceptions)
Front entry garage or carport: 22 feet
Side entry- garage: 10 feet
Eaves; fireplaces,; AAd
architectural features; open OT: 11 feet
unroofed stairways and balconies: TL: 8 feet
(a) Exception for averaging. The front setback may be reduced to
seven (7) feet for the dwelling only (no projections other than
eaves) provided that the reduction shall be limited to 50 -percent
of the overall building width and an average setback as required
above is maintained.
(b) Multistory dwelling exception. . Multistory dwellings
exceeding twenty-two (22) feet in height require a minimum
twenty-five (25) foot setback. In addition, any third story shall
have a minimum offset of ten (10) feet from the second floor
facade.
9130 . 7 Setback--Side Yard. Side yard setbacks shall be as
follows :
Dwellings, garages and
accessory buildings: Interior side yards shall be 10
percent of lot width, minimum of
3 feet, need not exceed 5 feet.
Exterior side yards shall be 20
percent of lot width, minimum of
5 feet, need not exceed 10
feet.
�f f/Z�f 4!/z6t¢liCK�/tt[Y�ita�t�i/4!Kf��
Garages located on a single
ks#6Afy/ftV6/t 25 Z foot wide
lot may have a three (3) foot
exterior side yard setback.
Where the main entry to a unit
is located on the side, minimum
setback to such entry shall be 5
feet for the first story.
Eaves : Refer to Uniform Building Code
(UBC) 2Kfffjf/. Z0VZA9H6X
�`�fnY`�f/�f/fM2/ff��f/off/fM�
Fireplaces: Thirty (30) inches.
Open, unroofed stair-
ways and balconies: Three (3) feet.
Exception for zero lot line interior side yard: A zero
interior side yard setback may be permitted provided that the
opposite side yard setback shall be RWgYM/YMd 20 percent of
lot width, minimum of five (5) feet, need not exceed ten (10)
feet, and subject to the following
criteria:
(a) The lot adjacent to the zero setback side yard shall
either be held under the same ownership 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.
(b) Separation between the structure and any structure on an
adjacent lot shall either be zero or a minimum of five (5) feet.
(c) 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.
9130 . 13 Miscellaneous requirements.
(a) Trash enclosures. Trash enclosures shall be provided
for all developments other than single-unit dwellings. Such
enclosures shall be located in a side or rear yard, shall
adequately screen refuse, and shall be constructed of compatible
materials which blend with the architecture of the main building.
(b) Accessory buildings. Accessory buildings may be located
on a lot with a permitted main building. The total floor area of
all accessory buildings shall not exceed four hundred fifty (450)
square feet per dwelling unit.
(c) Building separation. The minimum distance between
Mgedggdty buildings on the same lot shall
be ten ( 10) feet . Stairways and balconies shall be no closer than
five (5) feet to any portion of a structure on the same or an
adjacent lot . Balconies which face each other shall be designed
to afford residents a maximum amount of privacy.
(d) Garages with upper story living area. Living areas over
attached garages may be permitted if there is an open corridor
with a minimum width of seven (7) feet between the garage and a
portion of the main dwelling to create an integrated design and
flow between the two living areas.
(e) Single-unit dwelling design standards .
( 1) No dwelling shall have more than one kitchen or
cooking area .
(2) One central heating system shall service the entire
structure.
(3) No more than one mailbox and one meter for each
utility shall be permitted.
(4) The director of development services shall require
that the owner/developer of the propertyg��Xd�/ �/�h�
file with the city prior to
final inspection a notarized declaration stating that the building
was constructed pursuant to approved plans and shall be limited
for use as a single unit building. Furthermore, any subsequent
purchaser from owner/builder shall AYX6 .be provided with a copy
of said declaration.
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 the day
of 1987.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED;
City Administrator Director of Development
Services
7246d
•••y�\ �t�r � ♦..���� � its � A� _;'_
•ice. �'� ';► ,�../. �. ♦ , }` �' 's
NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING
ITEM O-A Sco -5 1
TO: CITY CLERK'S OFFICE DATE: �Z 7
FROM: �U u ct-94-�
PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE
7i� DAY OF !�'t �'t 1987.
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)
EIR ND NONE
Has City Attorney's Office been YES NO
informed of forthcoming public
hearing?
Refer to �vaer.awi Planning Department - Extension a Ste°
SL7�
for additional information.
* If appeal , please transmit exact wording to be required in the legal .
IS THIS AN APPEALABLE DEVELOPMENT (COASTAL DEVELOPMENT PERMIT ? 44A /
YES NO