HomeMy WebLinkAboutCode Amendment 88-15 - Ordinance 3000 - Yards and Fencing - Autnoriznd tolPubllsh A a
.dvart '-r'1gnts Of a.. kinc Including public
notices' y Decree of the Sups for Court of Orange County,
Caiitor?,ia. Number A-6214, dated 29 September. 1961, and
A-24831, dated 11 June, 1963.
STATE OF CALIFORNIA
of Orange P aK N01ca Adva(Ta�++Q Co,...a y C��i'S Nck
County 9 by thn aRldovit a lot m 7 odrx
Mth 10 pca coksm vidrh
PUBLIC NO CE
I am a Citizen of the United States and a resident of NOTICE O
PUBLIC HEA iING
the County aforesaid; I am over the age of eighteen CODE AMEND S
NO.88-15
years, and not a part to or interested in the below ENVIRONME
y ASSESSMENT
entitled matter. I am a principal clerk of the Orange NO.s
(Yards and
Coast DAILY PILOT, with which is combined the, Fencing)
NOTICE IS HEREBY
GIVEN that the Huntington r/ V�
NEWS-PRESS, a newspaper of general circulation, Beach City Council will hold -�
in.the Coun-
printed and published in the City of Costa Mesa, oa public hearing il Chamber at the Hunt- r� ®/
ington Beach Civic,Center, �P
County of Orange, State of California, and that a 2000 Main Street, Hunt-
ington Beach,California,on
Notice of _ T>db 1 c- u ri nq I the date and at the time In- /
dicated below to receive and
consider the statements of
all persons who wish to be
heard relative to the appli-
cation described'below.
of which Copy attached hereto Is a true and Complete DATE/TIME: Monday,`
June 5,1989,7:00 PM R
copy, was printed and published in the Costa Mesa, APPLICATION NUMBER:1
Code Amendment No.:
Newport Beach, Huntington Beach, Fountain Valley, 88-1 5/E n v i r o'n m e n t a lj
Assessment No.88-49
Irvine, the South Coast communities and Laguna APPLICANT:City of Hunt-
.ington Beach
Beach issues of said newspaper for 1 t 1 rrL'- LOCATION:
NATIOON:E: All City-wide
ity- i desig-
nations.
consecutive weeks to wit the issue(s) of REQUEST:Amend Article
977 pertaining to front yard
fencing and fence height
measurement.
EN VIRO.NMENTAL
19$ STATUS:Covered by 88-49�
9
May Environmental Assessment
.88-49(Negative Declaration
No.)which will.also be con-
sidered by Council.,
19$ ON FILE: a copy of the
proposed code amendment
is on file in the Community
Development. Departmet,
19$ 2000 Main Street, Hunnt-
-ington Beach, California
92648,for inspection by the!
198 PUBLIC NOTICE _
public. A copy of the staff;
report will be available to
198 interested parties at City
Hall or the Main City Library
I(711'1'Talbert Avenue) after
June 2, 1989.
I ALL INTERESTED PER-.
(SONS are invited to attend
I declare, under penalty of perjury, that the !said public hearing and ex-
press 'opinions or- submit
foregoing Is true and correct. evidence for or against the
application as outlined
above. If there are any
further questions please call
Executed on May 26 198 O 1 Susan_ Pierce, Associate
, _i Planner at 536-5271.
Connie Brockway,,Hunt-
at Costa Mesa, California. i Ihgton Beach City Clerk
Dated:5/23/89
Published Orange Coast
Daily Pilot May 26, 1989 F430--
Signature - --
PROOF OF PUBLICATION
` Publish 5/25/89
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO. 88-15/
ENVIRONMENTAL ASSESSMENT NO. 88-49
(Yards and Fencing)
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/TIME: Monday, June 5, 1989, 7 : 00 PM
APPLICATION NUMBER: Code Amendment No . 88-15/Environmental
Assessment No. 88-49
APPLICANT: City of Huntington Beach
LOCATION: City-wide
ZONE: All zoning designations .
REQUEST: Amend Article 977 pertaining to front yard fencing and
fence height measurement.
ENVIRONMENTAL STATUS: Covered by 88-49 Environmental Assessment
88-49 (Negative Declaration No. ) which will
also be considered by Council .
ON FILE: A copy of the proposed code amendment is on file in the
Community Development Department, 2000 Main Street,
Huntington Beach, California 92648, for inspection by the
public. A copy of the staff report will be available to
interested parties at City Hall or the Main City Library
(7111 Talbert Avenue) after June 2, 1989 .
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 questions please call
Susan Pierce, Associate Planner, at 536-5271.
Connie Brockway
Huntington Beach City Clerk
Dated: 5/23/89
• REQUEb �' FOR CITY COUNCIL ACTION
Date May 15, 1989
Submitted to: Honorable Mayor and City Council Members
Submitted by: Paul E. Cook, City Administratorvc, V
Prepared by: Mike Adams, Director of Communit evelopme
Subject:
CODE AMENDMENT NO. 88-15/NEGATIVE
DECLARATION NO. 88-49 (YARDS AND NCI
Consistent with Council Policy? [ ) Yes ( ] New Policy or Exception C)
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: , RT
STATEMENT OF ISSUE:
Transmitted for your consideration is Code Amendment No. 88-15 which
amends Article 977 pertaining to front yard fencing heights and
Negative Declaration No . 88-49 .
RECOMMENDATION•
Planning Commission action and recommendation on May 2 , 1989 :
On motion by Bourguignon and second by Leipzig, the Planning
Commission voted to approve Code Amendment No. 88-15 with the
following findings and recommend adoption by the City Council by the
following vote:
AYES: Kirkland, Williams, Bourguignon, Ortega, Leipzig
NOES: None
ABSENT: Slates, Mountford
ABSTAIN: None
FINDINGS FOR APPROVAL:
1. Code Amendment No. 88-15 creates more consistency in front yard
maximum heights permitted for all fencing types.
2 . Code Amendment No. 88-15 clarifies the method of determining
fence height and may be applied in all zones.
3 . Code Amendment No. 88-15 will not adversely affect the goals
and policies of the Huntington Beach General Plan.
4 . Code Amendment No. 88-15 will enhance the scenic values along
the streets and highways of Huntington Beach.
Staff Recommendation:
Staff recommendation is identical to that of the Planning Commission.
PIO 5/85
ANALYSIS•
On March 7, 1989 , the Planning Commission continued Code Amendment
No. 88-15 and directed staff to schedule a meeting with the
Subdivision Committee, local architects, landowners, contractors and
other interested parties to discuss the positive and negative
impacts of such proposed ordinance. On April 18, 1989, a study
session was held and the Subdivision Committee' s recommendations
have been incorporated into the proposed ordinance.
The discussion centered around two primary issues, establishing a
datum point for purposes of measuring fence height and maximum
retaining wall height in the front yard setback area. The
Subdivision Committee recommended that the top of the highest
adjacent curb be the reference datum, and the maximum height for
retaining walls within the front yard setback be restricted to 36
inches as measured from the reference datum with provision for the
Planning Director to approve a maximum 42" high wall or fence above
such retaining wall with a minimum 3 ' setback from front property
line. The code will continue to allow deviations to the maximum
height subject to the use permit process .
For purposes of defining grade, the consensus of the committee was
to use finished grade and consider the definition during the
processing of a definition code amendment.
On May 25, 1989 the Planning Commission approved Code Amendment No .
88-15 with the recommendation of the Subdivision Committee.
ENVIRONMENTAL STATUS:
Pursuant to the environmental regulations in effect at this time,
the Department of Community Development posted draft Negative
Declaration No. 88-49 for ten days, and no comments, either verbal
or written were received. The staff, in its initial study of the
project, has recommended that a negative declaration be issued.
Prior to any action on Code Amendment No . 88-15, it is necessary for
the City Council to review and adopt Negative Declaration No. 88-49 .
FUNDING SOURCE:
Not applcable
ALTERNATIVE ACTION:
Deny Code Amendment No. 88-15 .
ATTACHMENT.
1. Ordinance
2 . Legislative Draft
3 . Staff report dated May 2, 1989
4 . Planning Commission Minutes of May 2, 1989
SP: lab
RCA 5/17/89 -1- (2720d)
t
LEGISLATIVE DRAFT
ORDINANCE NO. ,
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ORDINANCE CODE AMENDING
SECTION 9771
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 § 9771 to read as follows :
9771 Permitted Fences . Walls and Hedges .
(a) Fences, walls or hedges a maximum of forty-two (42) inches in
height may be located in any portion of a lot, including the
required front yard, except as required elsewhere in this
article. (2941-7/88)
(b) Fences, walls or hedges a maximum of six (6) feet in height
may be located on the property line in required side and rear
yards, except as further excluded in this article. Fences,
walls or hedges exceeding six (6) feet in height shall observe
the same yard requirements as the main structure except as
provided for herein or in the regulations of the district in
which they are located. (2941-7/88)
(c) Fences or walls in the rear yard setback area of a through-lot
shall not exceed 52 inches in height . This sub-section shall
not apply to lots abutting . arterial highways . (2941-7/88)
(d) In the R1 district, garden or wing walls or fences equal in
height to the first floor double plate, but not exceeding nine
(9) feet, which are perpendicular to and entirely within a
side yard may be constructed to the interior side property
line and to within five (5) feet of the exterior side property
line provided they are equipped with a three (3) foot gate or
accessway. (2941-7/88)
(e) When a residential property abuts open or public land or
property zoned or used for office, commercial, or industrial
purposes, an eight foot high solid masonry or block wall may
be constructed on the common side or rear property line.
(2941-7/88)
(f) In order to allow variations in the street scene in R1, R2, R3
and R4 districts, fences, walls or hedges exceeding forty-two
(42) inches in height may be permitted at a reduced front
IP'
r �
setback of six (6) feet subject to plan review approval by the
director in conformance with the following criteria:
(2941-7/88)
(1) The reduced setback shall be only permitted for five (5)
or more contiguous lots under the same ownership and
only at the time of initial construction of the
dwellings . (2941-7/88)
(2) Such walls shall conform to all other provisions of this
article, including site angle requirements, and shall
not encroach into the triangular area formed by
measuring seven and one-half (7 . 5) feet along the
driveway and ten (10) feet along the front property line
at their point of intersection. (2941-7/88)
(g) Retaining walls shall comply with the following:
(1) Where a retaining wall is located on the property line
separating lots or parcels and protects a cut below the
natural grade, such retaining wall may be topped by a
fence, wall or hedge of the same height that would
otherwise be permitted at the location if no retaining
wall existd. (2941-7/88)
(2) Where a retaining wall is on the property line of a rear
yard abutting an arterial or exterior side yard and
contains a fill of 2 ft . or less or protects a cut below
the YlAtidtAX existing grade, such retaining wall
may be topped with a six (6) ft . decorative masonry
wall . (2941-7/88)
(3) Where a retaining wall is on the property line of a rear
yard abutting a local stret, the maximum retaining wall
height shall be 24 inches as measured from the adjacent
curb and may be topped with a maximum 18 inch decorative
wall or fence for a total height of 42 inches .
(2941-7/88)
(4)
d�OCT
/Fjdl6XX91A6tX9I (2941-7/88)The
maximum height of a retaining wall on the front property
line shall be 36 inches as measured from the top of the
highest adjacent curb. Subject to the Director's
approval, a maximum 42 inch high wall or fence may be
erected above the retaining wall with a minimum 3 foot
setback from the front property line.
(5) All retaining walls abutting a street shall be
waterproofed to the satisfaction of the Department of
Community Development . (2941-7/88)
(6) Retaining wall and fence combinations over eight (8)
feet in height shall be constructed with a variation in
design or materials to show the distinction. Retaining
wall and fence combinations over six (6) feet in height
shall be designed without decorative block or cap block,
except if equal in strength to the main portion of the
fence. (2941-7/88)
(h) The height of a fence shall be measured from MAtidtAl
existing grade except as provided herein. (2941-7/88)
The height of any fence, wall or hedge located in the front
yard setback shall be measured from top of the highest
adjacent curb.
�11 Any fence or wall located on the front property line shall be
approved by the Department of Public Works.
In the industrial districts, nine (9) foot high fences may be
permitted in the side and rear setbacks up to the front
building line subject to plan review approval by the
director. (2941-7/88)
M
S1� Deviations from the maximum height requirements for walls as
prescribed by this article may be permitted subject to an
approval of Use Permit . (2941-7/88)
SECTION 2. The Huntington Beach Ordinance Code is hereby
amendeded by amending Section 9773, Diagram B as depicted below:
("See next page" )
SECTION 3 . This Ordinance shall take effect thirty days after
its passage.
REST OF PAGE NOT USED
-3-
riEVERSE CORNER `J t
CORNER LOT INTERIOR LOT CORNER LOT ABUTTING ALLEY
460 5
45,
0
}1O h0A
BACK ON
CORNER LOT
-- -- -- - HEIGHT MEASUREMENT OF FENCE OR WALL
to
r450 I T �BCJ D R
E
R F
\ �i..
T E C
r
E 1 M,
- A 42 INCH HIGH FENCE MAY BE CONSTkucrED ON
ANY PORTION OF THE LOT .
INDICATES TEIAT PORTION OF THE LOT IN
WHICH A 6' HIGH FENCE AWAY BE CONSTRUCTED.
The top of the highest adjacent curb shall be the reference datum
for fencing within the front yard setback. All other fence heights
shal e measured from exists-ng grade. -
-- ---- ------ --- -
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thererof held on the
day of , 1989 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of Community
Development
-4-
huntington beach department, of community development .
STA f
TO: Planning Commission
FROM: Community Development
DATE: May 2, 1989
SUBJECT: CODE AMENDMENT NO. 88-15/ENVIRONMENTAL ASSESSMENT NO.
88-49 (CONTINUED FROM MARCH 7, 1989 PLANNING COMMISSION
MEETING)
APPLICANT: City of Huntington Beach
REQUEST: Revision to Article 977 - Yards and Fences and Article
908 - Definitions
LOCATION: City-wide
ZONE: Applies to any zone proposing fencing .
1.0 SUGGESTED ACTION:
Approve Negative Declaration No. 88-49 and Code Amendment No. 88-15
with findings and forward to the City Council for adoption.
2 . 0 GENERAL INFORMATION:
Code Amendment No. 88-15 is a request by the Planning staff to
revise Article 977 pertaining to front yard fencing heights and
Article 908 to define terms used in Article 977.
3 . 0 ENVIRONMENTAL STATUS:
Pursuant to the environmental regulations in effect at this time,
the Department of Community Development posted draft Negative
Declaration No. 88-49 for ten days, and no comments, either verbal
or written were received. The staff, in its initial study of the
project, has recommended that a negative declaration be issued.
Prior to any action on Code Amendment No. 88-15, it is necessary for
the Planning Commission to review and act on Negative Declaration
No. 88-49 .-
4 . 0 ANALYSIS•
On March 7, 1989 , the Planning Commission continued Code Amendment
No. 88-15 and directed staff to schedule a meeting with the
Subdivision Committee, local architects, landowners, contractors and
other interested parties to discuss the positive and negative
A-F M-23C
impacts°"'of such " proposed ordinance. On April 18, 19891 a study
session was held and the Subdivision Committee' s recommendations
have been. incorporated into the proposed ordinance.
Following considerable discussion regarding establishing a datum
point for purposes of ,measuring fence height and maximum retaining
wall height, the Subdivision Committee recommended that the top of
the highest adjacent curb be the reference datum; and the maximum
height for retaining walls within the front yard setback be
restricted to 36 inches as measured from the reference datum. The
code will-continue to allow deviations to the maximum height subject
to the. us-e permit -process .
For purposes of defining grade, the consensus of the committee was
to use finished grade and consider the definition during the
processing of a definition code amendment.
5 . 0 RECOMMENDATION:
Staff recommends .that the Planning Commission approve Negative
Declaration No. 88-49 and Code Amendment No. 88-15 and forward the
proposed ordinance to the City Council for adoption based on the
following findings:
FINDINGS FOR APPROVAL:
1. Code Amendment No. 88-15 ,icreates more consistency in front yard
maximum heights permitted for all fencing types .
2 . Code Amendment No. 88-15 clarifies the method of determining
fence height and may be applied in all zones .
3 . Code Amendment No: 88-15 will not adversely affect the goals
and policies of the Huntington Beach General Plan.
4 . Code Amendment No. 88-15 will enhance the scenic values along
the streets and highways of Huntington. Beach.
6 . 0 ALTERNATIVE ACTION:
A. The Planning Commission may modify Code Amendment No. 88-15 as
desired.
B. Deny Code Amendment No. 88-15 with findings .
ATTACHMENTS:
1. Draft Ordinance
2. Graphic illustrating proposal
SH:SP:kla
Staff Report - 5/2/89 :` -2 (2540d)
Code Amendment No. 88-15
Draft 4/19/89
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING
SECTION 9771
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 §9771 to read as follows :
9771 Permitted Fences, Walls and Hedges
(a) Fences, walls or hedges a maximum of forty-two (42) inches in
height may be located in any portion of a lot, including the
required front yard, except as required elsewhere in this
Article. (2941-7/88)
(b) Fences, walls or hedges a maximum of six (6) feet in height may
be located on the property line in required side and rear
yards, except as further excluded in this article. Fences ,
walls or hedges exceeding six (6) feet in height shall observe
the same yard requirements as the main structure except as
provided for herein or in the regulations of the district in
which they are located. (2941-7/88)
(c) Fences or walls in the rear yard setback area of a through-lot
shall not exceed 42 inches in height . This sub-section shall
not apply to lots abutting arterial highways . (2941-7/88)
(d) In the R1 district, garden or wing walls or fences equal in
height to the first floor double plate, but not exceeding nine
(9) feet, which are perpendicular to and entirely within a side
yard may be constructed to the interior side property line and
to within five (5) feet of the exterior side property line
provided they are equipped with a three (3) foot gate or
accessway. (2941-7/88)
(e) When residential property abuts open or public land or property
zoned or used for office, commercial, or industrial purposes,
an eight foot high solid masonry or block wall may be
constructed on the common side or rear property line.
(2941-7/88)
(f) In order to allow variations in the street scene in R1, R2, R3
and R4 districts, fences, walls or hedges exceeding forty-two
(42) inches in height may be permitted at a reduced front
setback of six (6) feet subject to plan review approval by the
director in conformance with the following criteria:
(2941-7/88)
(1) The reduced setback shall be only permitted for five (5) or
more contiguous lots under the same ownership and only at
the time of initial construction of the dwellings .
(2941-7/88)
(2) Such walls shall conform to all other provisions of this
article, including site angle requirements, and shall not
encroach into the triangular area formed by measuring seven
and one-half (7 . 5) feet along the driveway and ten (10)
feet along the front property line at their point of
intersection.,, . (2941-3/88)
(g) Retaining walls :shall comply with the following:
(1) Where a retaining wall is located on the property line
separating lots or parcels and protects a cut below the
natural grade, such retaining wall may be topped by a
fence, wall or hedge of the same height that would
otherwise be permitted at the location if no retaining wall
existed.- (2941-7/88)
.(2) Where a retaining .wal!l is on, the property line of a rear
yard abutting an artterial or exterior side yard and
contains a fill of 2 ft. or less or protects a cut below
the idAkidfXX existing grade, such retaining wall may be
topped -with a six (6),� ft.- decorative masonry wall .
(2941-7/88)
(3) Where a retaining wall is on the property line of a rear
yard abutting a local street, the maximum retaining wall
height shall be 24- inches as- measured from the adjacent
curb and 'may -be topped with a maximum 18 inch decorative
wall or .fence for a total height of 42 inches. (2941-7/88)
(4)
figpitei6/ridt/A61fJ61kXxIi/frd�t
'if kyl zoo
f
PidbXXO,1Wr6fX9I (2941-,7/88)., The maximum height of a
retaining wall on the front property line shall be 36
inches as measured from the top of the highest adjacent
curb Subiect to the Director' s approval, a maximum 42
inch high wall or fence may be erected above the retaining
wall with a minimum 3 foot setback from the front property
line.
(5) All retaining walls abutting a street shall be waterproofed
to the satisfaction of the Department of Community
Development. (2941-7/88)
(6) Retaining wall and fence combinations over eight (8) feet
in height shall be constructed with a variation in design
or materials to show the distinction. Retaining wall and
fence combinations over six (6) feet in height shall be
designed without decorative block or cap block, except if
equal in strength to the main portion of the fence.
(2941-7/88)
(h) The height of a fence shall be measured from Aifkid `ifX
existinc grade except as provided herein. (2941-7/88)
r1A The height of any fence. wall or hedge located in the front
Yard setback shall be measured from top of the highest adjacent
curb.
Any fence or wall located on the front prove. ty line shall �e
approved by the Department of Public Works
_(.kA In the industrial districts, nine (9) foot high fences may be
permitted in the side and rear setbacks up to the front
building line subject to plan review approval by the director .
(2941-7/88)
M
(k� Deviations from the maximum height requirements for walls as
presribed by this Article may be permitted subject to an
approval of Use Permit. (2941-7/88)
SECTION 2. The Huntington Beach Ordinance Code is hereby
amended by amending Section 9773, Diagram B as depicted below:
("See next page" )
SECTION 3 . 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 19
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of Community Development
f?)F� ll 'l A 1 , O pp! A f
I WC
00-1
r
i � � i I f •
•
:
3 =oil
Mv�
MOTION WAS MADE BY KIRKLAND, SECOND BY ORTEGA, TO NOTIFY APPLI
OF C HEARING TO REVOKE CONDITIONAL USE PERMIT, BY T LOWING
VOTE:
AYES: Kirkland, S uignon, Or Mountford, Leipzig
NOES: None
ABSENT: Slates, Wi s (Out o oom)
ABSTAIN: Non
ON PASSED
C-8 CODE AMENDMENT NO. 88-15/ENVIRONMENTAL ASSESSMENT NO. 88-49
(CONTINUED FROM MARCH 7, 1989 PLANNING COMMISSION MEETINGZ
APPLICANT: City of Huntington Beach
Code Amendment No . 88-15 is a request by the Planning staff to
revise Article 977 pertaining to front yard fencing heights and
Article 908 to define terms used in Article 977 .
On March 7, 1989, the Planning Commission continued Code Amendment
No. 88-15 and directed staff to schedule a meeting with the
Subdivision Committee, local architects, landowners, contractors and
other interested parties to discuss the positive and negative
impacts of such proposed ordinance. On April 18, 1989 , a study
session was held and the Subdivision Committee' s recommendations
have been incorporated into the proposed ordinance.
Following considerable discussion regarding establishing a datum
point for purposes of measuring fence height and maximum retaining
wall height, the Subdivision Committee recommended that the top of
the highest adjacent curb be the reference datum; and the maximum
height for retaining walls within the front yard setback be
restricted to 36 inches as measured from the reference datum. The
code will continue to allow deviations to the maximum height subject
to the use permit process .
For purposes of defining grade, the consensus of the committee was
to use finished grade and consider the definition during the
processing of a definition code amendment .
ENVIRONMENTAL STATUS:
Pursuant to the environmental regulations in effect at this time,
the Department of Community Development posted draft Negative
Declaration No. 88-49 for ten days, and no comments, either verbal
or written were received.
STAFF RECOMMENDATION:
Approve Negative Declaration No. 88-49 and Code Amendment No. 88-15
with findings and forward to the City Council for adoption.
PC Minutes - 5/2/89 -17- (2652d)
v
THE PUBLIC HEARING WAS OPENED
There were no persons present to speak for or against the code
amendment and the public hearing was closed.
A MOTION WAS MADE BY BOURGUIGNON, SECOND BY LEIPZIG, TO APPROVE CODE
AMENDMENT NO. 88-15 AND ENVIRONMENTAL ASSESSMENT NO. 88-49 WITH
FINDINGS, AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING
VOTE:
AYES: Kirkland, Williams, Bourguignon, Ortega, Leipzig
NOES: None
ABSENT: Slates, Mountford (Out of Room)
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL:
1 . Code Amendment No. 88-15 creates more consistency in front yard
maximum heights permitted for all fencing types.
2 . Code Amendment No. 88-15 clarifies the method of determining
fence height and may be applied in all zones .
3 . Code Amendment No. 88-15 will not adversely affect the goals
and policies of the Huntington Beach General Plan.
4 . Code Amendment No. 88-15 will enhance the scenic values along
the streets and highways of Huntington Beach.
A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO TRAIL PUBLIC
HEARING ITEM C-9 IN ORDER TO BRING FORWARD NON-PUBLIC HEARING ITEMS
D-1 AND D-2, BY THE FOLLOWING VOTE:
AYES: Williams, Bourguignon, Ortega, Mountford, Leipzig
NOES: None
ABSENT: Slates, Kirkland (Out of Room)
ABSTAIN: None
MOTION PASSED
CODE AMENDMENT NO. 88-12/NEGATIVE DECLARATION NO.
APPLICANT: City ' n
Code Amen o. 88-12 is a request by Plann f to revise
e 960, Downtown Specific Plan, and all other code re
to parking requirements.
PC Minutes - 5/2/89 -18- (2652d)
DAI' PILOT
PUBLISH DATE ?
LEGAL NOTICE
ORDINANCE jr'0. 3000
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ORDINANCE CODE. AMENDING
SECTION 9771
SYNOPSIS:
ORDINANCE NO. 3000 AMENDS THE HUNTINGTON BEACH ORDINANCE CODE BY
AMENDING ARTICLE 977 PERTAINING TO FRONT YARD FENCING AND FENCE
HEIGHT MEASUREMENT
THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE
ADOPTED by the City Council of the City of Huntington Beach at an
regular meeting held Monday, June 26, 9 89 , y the
following roll call vote:
AYES: Councilmembers: MacAllister, Green, Winchell , Bannister, Erskine
NOES: Councilmembers: None
ABSENT: Councilmembers: Mays CITY OF HUNTINGTON BEACH
OUT OF ROOM Silva Connie Brockway
City Clerk
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ORDINANCE NO. 3000
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ORDINANCE CODE AMENDING
SECTION 9771
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 S 9771 to read as follows :
9771 Permitted Fences . Walls and Hedges
(a) Fences , walls or hedges a maximum of forty-two (42) inches in
height may be located in any portion of a lot, including the
required front yard, except as required elsewhere in this
article . (2941-7/88)
(b) Fences , walls or hedges a maximum of six (6) feet in height
may be located on the property line in required side and rear
yards, except as further excluded in this article. Fences ,
- walls or hedges exceeding six (6) feet in height shall observe
the same yard requirements as the main structure except as
provided for herein or in the regulations of the district in
which they are located. (2941-7/88)
(c) Fences or walls in the rear yard setback area of a through-lot
shall not exceed 52 inches in height . This sub-section shall
not apply to lots abutting arterial highways . (2941-7/88)
(d) In the R1 district , garden or wing walls or fences equal in
height to the first floor double plate, but not exceeding nine
(9) feet, which are perpendicular to and entirely within a
side yard may be constructed to the interior side property
line and to within five ( 5) feet of the exterior side property
line provided they are equipped with a three (3) foot gate or
accessway. (2941-7/88)
(e) When a residential property abuts open or public land or
property zoned or used for office, commercial , or industrial
purposes, an eight foot high solid masonry or block wall may
be constructed on the common side or rear property line.
(2941-7/88)
t
(f) In order to allow variations in the street scene in R1, R2, R3
f and R4 districts, fences , walls or hedges exceeding forty-two
(42) inches in height may be permitted at a reduced front
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setback of six (6) feet subject to plan review approval by the
director in conformance with the following criteria :
(2941-7/88)
(1) The reduced setback shall be only permitted for five (5)
or more contiguous lots under the same ownership and
only at the time of initial construction of the
dwellings . (2941-7/88)
(2) Such walls shall conform to all other provisions of this
article, including site angle requirements , and shall
not encroach into the triangular area formed by
measuring seven and one-half (7 . 5) feet along the
driveway and ten (10) feet along the front property line
at their point of intersection. (2941-7/88)
(g) Retaining walls shall comply with the following:
(1) Where a retaining wall is located on the property line
separating lots or parcels and protects a cut below the
natural grade, such retaining wall may be topped by a
fence, wall or hedge of the same height that would
otherwise be permitted at the location if no retaining
wall existd. (2941-7/88)
(2) Where a retaining wall is on the property line of a rear
yard abutting an arterial or exterior side yard and
contains a fill of 2 ft . or less or protects a cut below
t the existing grade, such retaining wall may be topped
with a six (6) ft . decorative masonry wall . (2941-7/88)
(3) Where a retaining wall is on the property line of a rear
yard abutting a local stret , the maximum retaining wall
height shall be 24 inches as measured from the adjacent
curb and may be topped with a maximum 18 inch decorative
wall or fence for a total height of 42 inches .
(2.941-7/88)
(4) The maximum height of a retaining wall on the front
property line shall be 36 inches as measured from the
top of the highest adjacent curb. Subject to the
Director ' s approval , a maximum 42 inch high wall or
fence may be erected above the retaining wall with a
minimum 3 foot setback from the front property line .
Ord 3000
(5) All retaining walls abutting a street shall be
waterproofed to the satisfaction of the Department of
CommunityDevelopment .
p . (2941-7/88)
( 6) Retaining wall and fence combinations over eight (8)
feet in height shall be constructed with a variation in
design or materials to show the distinction. Retaining
wall and fence combinations over six ( 6) feet in height
shall be designed without decorative block or cap block,
except if equal in strength to the main portion of the
fence . (2941-7/88)
(h) The height of a fence shall be measured from existing grade
except as provided herein. (2941-7/88)
( i) The height of any fence, wall or hedge located in the front
yard setback shall be measured from top of the highest
adjacent curb.
M Any fence or wall located on the front property line shall be
approved by the Department of Public Works .
(k) In the industrial districts , nine (9) foot high fences may be
permitted in the side and rear setbacks up to the front
building line subject to plan review approval by the
director . (2941-7/88)
( 1) Deviations from the maximum height requirements g for walls as
prescribed by this article may be permitted subject to an
approval of Use Permit . (2941-7/88)
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( "See next page" )
SECTION 3 . This Ordinance shall take effect thirty days after
its passage .
REST OF PAGE NOT USED
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Ord 3000
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PASSED AND ADOPTED by the City Council of the City of
adjourned
Huntington Beach at a/ regular meeting thererof held on the 26th
day of June , 1989 .
Mayor
ATTEST: APPROVED AS TO FORM:
40x�
City Clerk .fiz1�ity Attorney
RE7NDROVED: INITIATED AND APPROVED:
City Administrator Director of Community
Development
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ORI` N00
,;rd, No. 3000
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I , CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of memmbers of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting th.erof held on the 5th day of June
19 89 , and was again read to said City Council at a regular adjourned
meeting therof held on the 26th day of June 19 89 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council ,
g
a
AYES: Councilmembers:
MacAllister, Green, iNinchell . Bannister, Erskine
NOES: Councilmembers :
None
ABSENT: Councilmembers:
Mays, Silva (out of room)
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
V Publish 5/25/89
NOTICE OF PUBLIC HEARING �J
CODE AMENDMENT NO. 88-15/
ENVIRONMENTAL ASSESSMENT NO. 88-49
(Yards and Fencing)
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/TIME: Monday, June 5, 1989 , 7 : 00 PM
APPLICATION NUMBER: Code Amendment No . 88-15/Environmental
Assessment No . 88-49
APPLICANT: City of Huntington Beach
LOCATION: City-wide
ZONE : All zoning designations .
QUEST: Amend Article 977 pertaining to front yard fencing and
fence height measurement .
ENVIRONMENTAL STATUS : Covered by 88-49 Environmental Assessment
88-49 (Negative Declaration No . ) which will
also be considered by Council .
ON FILE: A copy of the proposed code amendment is on file in the
Community Development Department, 2000 Main Street,
Huntington Beach, California 92648 , for inspection by the
public. A copy of the staff report will be available to
interested parties at City Hall or the Main City Library
(7111 Talbert Avenue) after June 2, 1989 ..
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 questions please call
Susan Pierce, Associate Planner, at 536-5271 .
Connie Brockway
Huntington Beach City Clerk
Dated: 5/23/89
F H .B . amber of Commerce
2213 —in Street #22-
Huntington Beach , Calif . j
Attn : Kim Barone 92648
Huntington Beach Company
2110 Main Street
Huntington Beach , Ca. 92648-
2499
Attn : R.J . Work
HB/FV Board of Realtors
8101 Slater Avenue
Huntington Beach, Ca. 92647
Attn : '-'-Judith Severy
Golden State Mobilehome
Owner ' s League
11021 Magnolia Blvd . j
Garden Grove , Ca. 92642
Attn : Virginia Day
Building Industry Assn. -O. C .
2001 East 4th Street
Santa Ana , Calif .
E. T. I . Corral 100
Bonnie Wakeham
20031 Big Bend
Huntington Beach, Ca . 92646
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H. B . Historical Society
c/o Newland House Museum
19820 Beach Boulevard
Huntington Beach , Ca . 92648
Attn : Teresa Reynolds
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