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HomeMy WebLinkAboutHeight Restrictions on Zero Setback Garages and Carports - C REQUES r FOR CITY COUNCIL- ACTION wa�o Date September 9, 1982 Submitted to: Honorable Mayor and City Council r Submitted by: Charles W. Thompson, City Administrator Prepared by: James W. Palin, Director of Development Services � Subject: CODE AMENDMENT NO. 82-8 Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for the City Council ' s consideration is Code Amendment No. 82-8 , a code amendment adding two specific criteria to the pro- visions presently existing under Article: 932, ' Apartment Standards, which allows carports and garages to be constructed at the zero side and rear property lines . RECOMMENDATION: The Planning Commission and the Department of Development Services are recommending that the City Council approve Code Amendment 82-8 and adopt the attached ordinance. ANALYSIS: Applicant: City of Huntington Beach Location: City-wide Request: Addition of two criteria to presently existing requirements dealing with the zero side and rear setbacks for garages and carports. Planning Commission Action on .September 8 , 1982: ON MOTION BY WINCHELL AND SECOND BY LIVENGOOD THE COMMISSION APPROVED CODE AMENDMENT NO. 82-8 AND RECOMMENDED TO THE CITY COUNCIL. FOR , ADOPTION, BY THE FOLLOWING 'VOTE: AYES: Higgins, Livengood, Winchell, Paone, Schumacher NOES: None ABSENT: Porter, Mirjahangir ABSTAIN: None 1 PIO 4/81 RCA' - , C.A. 82-8 September 9, 1982 Page 2 DISCUSSION: Attached for: the City Council ' s review and action is Code Amendment 82-8 . This code amendment adds two specific criteria to the provisions presently . existing under Article 932, Apartment -Standards, which allows carports and garages to be constructed at zero side and rear .pro_perty lines. The specific criteria require: 1) Finished grade .of the development at the common property line shall not exceed the finished grade on abutting property by more than one (1) foot in height, and 2). in no case . shall the height of the garage or carport exceed nine_ (9) feet when measured from finished grade on the abutting property. These two provisions are presently' existing in -both Article 931 and 936, Planned Residential Development Standards, and have been used as common practice in approving such structures at zero property line in previously approved apartment complexes. In fact, no carports and/or garages constructed along the zero side or rear property lines for apartments or. planned .residential developments-have ever exceeded the nine-foot height, nor has . there been more than one-foot variation in grade between the. adjacent properties. The other three provisions presently .existing under Section 9320 .13, Parking . Assignments., require that the walls of any facility located along the property line shall be' constructed of maintenance-free, solid masonry material, no structure or architectural features shall project over the property line, and the zero rear or interior property line shall not be permitted adjacent to a public right-of-way. The two provisions added; to this section,-:,regulating the finished grade _ _ ' relative to adjacefit .property and the maximum'=height of the structures, will bring this section into conformance with similar' sections- under the existing planned residential requirements. FUNDING SOURCE: Not applicable. ENVIRONMENTAL . STATUS: Under the provisions of the California. Environmental Quality Act, Code Amendment 82-8 is categorically exempt from environmental review. ALTERNATIVE ACTION: The City Council may consider not approving Code. Amendment 82-8 , which would maintain Section 9320.13, .in its existing form. This in turn would allow for garages and/or carports to be constructed along zero proper:ty . lines where the grade 'differentiation .is greater than. one foot and - mmay_':, also allow said structures to be constructed higher than nine feet in height, which would be contrary .to previous practice. SUPPORTfi,NG INFORMATION: 1. Planning Commission Staff Report dated September 8 , 1982 2. Ordinance CWT:JWP: SMB:df 1 huntington bea"ch developm6nt services department STAFF R x PORTI_ TO: Planning Commission FROM: Development Services DATE: September 8 , 1982 SUBJECT: CODE AMENDMENT NO. 82-8 1. 0 GENERAL INFORMATION: Attached for the Planning Commission ' s review and action is Code Amendment No. 82-8. This code amendment adds two specific criteria to the provisions presently existing under Article 932 , Department Standards , .which allows car ports and garages to be constructed at zero side and rear property lines . The specific criteria requires : 1. Finished grade of the. development at the common property line shall not exceed the finished grade on abutting property by more than one foot in height and, 2. In no case shall the height of the garage or car port exceed nine feet when measured from the finished grade on the abutting property. These two new provisions are presently existing in both Articles 931 and 936 , PRD Standards, and have been used as common practice in approving such structures at zero property lines in previously approved apartment complexes. The other three provisions presently existing under Section 9320. 13 , Parking Assignments , require that the walls of any facility located along a property line shall be constructed of maintenance-free solid . masonry material , no structures or architectural features shall. project over the property line and the zero rear or interior side yard shall not be permitted adjacent to a public right-of-way. The two provisions added to this section, regulating the finished grade of adjacent properties and the maximum height of the struc.- tures will bring this section into conformance with similar sections under the PRD requirements . 2 . 0 ENVIRONMENTAL STATUS : Under the provisions of the California Environmental Quality Act, Code Amendment No. 82-8 is categorically exempt from environmental review. s', 3 A-FM-23A r =y' t r Code Amendment 82-8 September 8 , 1982 Page 2 3 . 0 RECOMMENDED ACTION: The staff is ' recommending that the Planning Commission approve Code Amendment No. 82-8 and recommend to the City Council the adoption of Code Amendment 82-8 and the adoption of the attached ordinance. ATTACHMENTS : 1. Code Amendment 2 . Ordinance jlm CODE MENDMENT NO. 82=8 ORDINANCE NO. J a AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTOW BEACH ORDINANCE CODE BY AMENDING SECTION 9320. 13 RESTRICTING THE HEIGHT OF CARPORTS AND GARAGES 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 9320. 13 to read as follows : 9320. 13. PARKING ASSIGNMENTS. Each dwelling unit shall have an assigned, covered, parking space within two hundred (200) feet ' walking distance of such dwelling unit . If off-street parking facilities are detached from the unit, each unit shall be assigned a parking space and such space shall be so designated on a plot plan. Any detached garage or carport con- structed along a property line shall conform to the following re- quirements: ( a) The wall located along the property line shall be con- I structed of maintenance-free solid masonry material; (b) No portion of the structure or architectural features shall project over any property line ; ( c) The zero rear and interior side yard setbacks shall not be permitted adjacent to a public right-of-way; (d) Finished grade of the development at the common property line shall not exceed finished grade on abutting property by more than one (1 ) foot in height; and (e) in no case shall the height of the garages or carports exceed nine (9) feet when measured from finished grade on the abutting property. SECTION 2. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on, the /ahb 8/24/`82 1. day of 1982. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Att rney g..�,-$Z REVIEWED AND APPROVED : INITIATED AND APPROVED: City Administrator O'�D�ire�ctorof DevelopmentQ, Services 2. Publish 10/14/82 (CORRECTED LEGAL NOTICE) NOTICE OF PUBLIC HEARING CODE. AMENDMENT 82-8 GARAGES/CARPORT HEIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Monday the 25th day of October 1981 , for the purpose of considering Code Amendment No. 82-8, an amendment to Section 9320.13 of the. Huntington Beach Ordinance Code by adding additional criteria restricting the height of garages and carports located at zero side and/or rear yard setbacks to 9 feet. A copy of said code amendment is on file in the Department of Development Services. All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment 82-8 Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk Publish 10/14/82 (CORRECTED LEGAL NOTICE) NOTICE OF PUBLIC HEARING CODE. AMENDMENT 82-8 GARAGES/CARPORT HEIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Monday the 25th day of October 1981 for the purpose of considering Code Amendment No. 82-8, an amendment to Section 9320.13 of the Huntington Beach Ordinance Code by adding additional criteria restricting the height of garages and carports located at zero side and/or rear yard setbacks to 9 feet. A copy of said code amendment is on file in the Department of Development Services. All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment 8Z-8 Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk Publish 10/14/82 (CORRECTED LEGAL NOTICE) NOTICE OF PUBLIC HEARING CODE. AMENDMENT 82-8 GARAGES/CARPORT HEIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Monday the 25th day of October 1981 , for the purpose of considering Code Amendment No. 82-8, an amendment to Section 9320.13 of the Huntington Beach Ordinance Code by adding additional criteria restricting the height of garages and carports located at zero side and/or rear yard setbacks to 9 feet. A copy of said code amendment is on file in the Department of Development Services. All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment K-8 Further information may be obtained from the Office of the City Clerk, 2000 Main . .Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk IN THE Superior Court OF THE STATE OF CALIFORNIA In and for the County of Orange CITY OF HUNTINGTON BEACH , PROOF OF PUBLICATION CITY CLERK NOTICE OF PUBLIC HEARING State of California )sa. e� County of Orange ) Mee C fRb L C J E A N N E,,. L. T H O M A S NOTICE OF PUBLIC HEARING I CODE AMENDMENT 82-8 NOTICE IS HEREBY GIVEN that a That I am and at all times herein mentioned was a citizen of public hearing will be.held by the City Council of the City of Huntington Beach, (� , the United States,over the age of twenty-one years,and that I V3 t 3 in the Council Chamber of the Civic Gen- � am not a party to,nor interested in the above entitled matter; ter,Huntington Beach,at the hour of 7:30 that I am the principal clerk of the printer of the P.M.,or as soon thereafter as possible on Monday thet20th day of September,.1982, HUNTINGTON BEACH I N D. REVIEW for the purpose of considerir Code Amendment o.82-8;an`amendment to Section 9320.11-6f the Huntington Beach a newspaper of general circulation,published in the City of Ordinance Code by adding additional criteria restricting the height of garages I and carports located at zero,side and/or f HUNTINGTON BEACH rear yard of said A copy of saidd code amendment is on ; file in the Department of Development j County of Orange and which newspaper is published for the Services. disemination of local news and intelligence of a general charac- All interested persons are invited to ter, and which newspaper at all times herein mentioned had attend said hearing andCo de express their opinions for or against said Cae Amend- � and still has a bona fide subscription list of paying subscribers, ment 82-8.Further information may be and which newspaper has been established, printed and pub- obtained from the Office of the City - lished at regular intervals in the said County of Orange fora Clerk, 2000 Main Street, HuntingtonBeach,California 92648,(714)536-5227. period exceeding one year; that the notice, of which the DATED September7„1982 annexed is a printed copy, has been published in the regular CITY OF HUNTINGTON BEACH and entire issue of said newspaper,and not in any supplement By Alicia M Wentworth thereof,on the following dates,to wit: City Clerk Pub.Sep.9,1982 ' Hunt.Beach Ind:Rev.#30554 SEPTEMBER 9 , 1982 I certify(or declare) under penalty of perjury that the forego- ing is true and correct. Dated at..CARD.EN..G.R.OVE......................... ornia,thi.IQ:t.h..day of . P.. -19 ?.... ..... . ...... Signature N /V -rm No.CAF-81380 1 CODE AMENDMENT NO. 82-8 2MAY BE GENERALLY REFERRED TO AS HEIGHT RESTRICTION ON ZERO SET- 3 BACK GARAGES AND CARPORTS ."' 4 The following changes are proposed to the Huntington Beach 5 Ordinance Code: The intent being to restrict the height of 6 garages and/or carports located .at zero setback. 7 REPEALED: None 8 RENUMBERED: None 9 AMENDED: S. 9320 . 13 10 S . 9320 . 13 PARKING ASSIGNMENTS . Each dwelling unit shall have 11 an assigned, covered, parking space within two 12 hundred (200) feet walking distance of such dwelling unit. 13 If off -street parking facilities are detached from the unit, 14 each unit shall be assigned a, parking space and such space .shall 15 be so designated on a plot plan, Any detached garage or carport 16 constructed along a property line shall conform to the following 17 requirements : 18 (a) The wall located along the property line shall be con- 19 structed of maintenance--free, solid masonry material; 20 (b) No portion of the structure or architectural features shall 21 project over any property line; and 22 (c) The zero rear and interior side yard setbacks shall not be 23 permitted adjacent to a public right-of-way. 24 (d) Finished gnade o6 the development at the common pAopekty 25 tine shah not exceed finished ,gnade on abutting pAopeAty 26 by move than one ( 1 ) (foot in height. 27 ( e) I n no ea,5 e a hatf_ the height o 4 the g aAag e6 oA eanpoAt�s ex- 28 eeed nine ( 9 ) 6eet when mea,suAed 6,, om 6innizhed gnade on 29 the abutting pAopeAty. 417) -p Publish 9/9/82 NOTICE OF PUBLIC HEARING - CODE AMENDMENT 82-8 GARAGE/CARPORT HEIGHT CRITERIA NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Monday. the 20th day of September 19 82 . for the purpose of. considering Code Amendment No. 82-8, an amendment to Section 020.11,'of the Huntington Beach Ordinance Code by adding additional criteria restricting the:=height of garages and carports located at zero side and/or rear yard setbacks,;.to..9 feet. . A copy of'.said,code,,amendment .is on file .in' the Department of Development Services. ' .a.:�str7:�,{^",;,fir-',•• All interested •persons are invited to attend said hearing and express their opinions for or. against said Code Amendment 82-8 Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED 9/7/82 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth '• City Clerk NOTICE TO CLERK TO SCHEDULE' PUBLIC HEARING ITEM [, " �� ►r c�2 .TO: ,:•CITY`•CLERK'S OFFICE DATE: 7— 8Z FROM: ,. NIE�1� C65 PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE _ DAY OF 19�Z ::;r: •`` "pP's are attached µ,AVs will follow AP s Initiated by: _P,lanning Commission ". Planning Department f� Petition Appeal Other . Adoption of Environmental Status (x) > YES NO Refer to , Planning Department - Extension for additional itlformation. * If appeal.",, piease transmit exact wording to be required in the legal. ' i , s Superior Court OFTHE STATE OF CALMRNIA In and for the Cotinty of Orange CITY OF HUNTINGTON BEACH PROOF OF PUBLICATION CITY PLANNIN,.COMMISSION NOTICE OF 'PUBLIC HEARING State of California ) County of Orange -)a' ' OODBAl !'NO.tL'i NOTICB'18'HEMY GIVSN the a APRIL L. ELLIOTT pperu millbi'bewbyth°Ck' That I am and at all times herein mentioned was a citizen of Hunting , the Clr e Huntington, the United States,over the age of twenty-one years,and that I No e22 B.amendment to Section 8920. am not a party to,nor interested in the above entitled matter; 11 of ths'Huntiogton•13mch Oniloaooe that I am the principal clerk of the printer of the Code by'adding additional criteria w stricting the height ofpca�t and ar: H U N T I N G T O N BEACH I N D. REV. ports located at aero aide Bodo tear yard setb.cb.to 9 bet Aaopy of wld oodel 9 m�Dep��t a newspaper of general circulation,published in the City of g�hearingDevolopma t will be be bW at the hour of 7:00 P.M.,on September 8,1982;'in the HUNTINGT"ON BEACH . Council Chmbm BWWing of the ( Center,Count of Orange and which newspaper is published for the B0 i�O� Y g Pape P All Interest peraow an invited to at- diseminetion of local news and intelligence of a general charac- tend sold and e:paeas their ter, and which newspaper at all times herein mentioned had ions rar or �almt th° prop°'°dodn° and still has a bona fide subscription list of paying subscribers, mfor as82 h mqr be optsioed and which newspaper has been established, printed and pub- from the City Planning Department. lished at regular intervals in the said County of Orange for a Telephone No.(714)U&5271. , DATED tWs 28th day of August 198Z period exceeding one year; that the notice, of which the CITY PLANNING annexed is a printed copy, has been published in the regular COMMISSION "f. .By.Jams W:Palia"•' and entire issue of said newspaper,and not.in any supplement ,t ry thereof,on the following dates,to wit: Pub.August 28,1982 Hunt.Beach Lid.Rev.tt80189.,.: AUGUST 269 1982 I'certify(or declare)under,penalty of perjury that the forego- ing is true and correct. Dated at..... GARDEN. GROVE..................... California, 2 8 t,h„day of.A U.�.'�.19.8 2... ................ ' Signature t A!l� y0 v 9 "`"' 1 Form No.CAF-S13A0 IN THE Superior Court OF THE STATE OF CALIFORNIA In and for the County of Orange CITY OF HUNTINGTON BEACH PROOF OF PUBLICATION CITY CLERK PUBLIC HEARING State of California ) County of Orange )ss. ----_____: PUBLIC NOTICE APR I L L. ELLIOTT (CORRECYkD LEGAL NOTICE) NOTICE OF PUBLIC HEARING CODE AMENDMENT 82.8 That I am and at all times herein mentioned was a citizen of GARAGES/CARPORT HEIGHTS the United States,over the age of twenty-one years,and that I NOTICE IS HEREBY GIVEN that a am not a art to,nor interested in the above entitled matter; public hearing will f held Huntington the City party in theCouncil Chuncil of the amber of thegCCiv'icC n- I that I am the principal clerk of the printer of the ter,Huntington Beach,at the hour of 7:30 P.M.,or as soon therafter as possible on I Monday,the 25th day of October, 1981 HUNTINGTON BEACH IND. REVIEW for the, purpose of considering Code Amendment 2.8,an mendment to a newspaper of general circulation,published in the City of Section 9320.3oofthe Huntington Beach Ordinance Code by adding additional HUNTINGTON BEACH criteria restricting the height of garage; and carports located at zero side and/or rear yard setbacks to 9 feet.A copy of said County of Orange and which newspaper is published for the code amendment is on file in the Depert- disemination of local news and intelligence of a general charac- mint of Development Services. ter, and which newspaper at all times herein mentioned had All said hearing and are invited to at- ter, l tend said hearing end express then opn- and still has a bona fide subscription list of paying subscribers, ions for or against acid Code Amendment and which newspaper has been established, printed and pub- 82-8. Further information.may be ob- tained from the Office of the City Clerk, lished at reg ular Y g 2000• Main' Street, Huntington Beach, ' period exceeding one year; that the notice, of which the California.92648-(714)536.5227 annexed is a printed copy, has been published in the regular CITY y. HUNTINGTON Went BEACH and entire issue of said newspaper,and not in an supplement ! By.Alici City Wentworth, Y PP Pub.Oct.14,1982ty Clerk thereof,on the following dates,to wit: Hunt.Beach Ind.Rev.tt30746 OCT. 14, 1982 I certify (or declare) under penalty of perjury that the forego- ing is true and correct. Dated at....GARDEN GROVE California,th* 15th...day of OCT....,19.82.... f/ ' f. ................. Signature Form No.POP 92082 �i CITY OF HUNTINGTON BEACH A White city Attorney REQUEST FOR LEGAL SERVICES •Canary city clerk • Pink City Administrator Goldenrod„ Departmental HUNTINGTON BEACH , DS 8^c-65. . Date Request Made By Department August 20, 1082 James;.W`o Palin, D.iroctor Development. Cervices INSTRUCTIONS: File request iri`the:City;Attorney's Office as soon as possible. Print or type facts necessary,for City Attorney,. Out line briefly reasonsJorr the_request:Attach all information and exhibits pertinent.to the subject. ; Type of Legal Service Requested:` � l Ordinance [ ] ' Insurance [ ] ' Other [ ] . Resolution [ ] Bonds [ .l Contract/Agreement [ J. Opinion All-eirhibits must be attached;or this request:wi,ll be returned-to you. KI .Exhibits Attached' Code" .Amendment, "8.2_-,8 P.lea-se .prepar.e, thie, ordinance for. Code 7 Am6ndment'.82=.8., . restricting, the height of carports a:nd garage's build' at zero setback Attached ia- 6111.r,., copy of CA "82a8.; all additions- 'to* ,S-. 9320.13 have been, riighl:ig.hted. in yellovi -This t:ein has Ewen. scheduled for the September 8 ; 2 ;82 Plaririing Commission. meeting. JOP's Sly a d f If for Council Action" If not for Council±action,desired completion date Signature: Agenda deadline . rv— September .2,, 1982 ��'\��'.y, � � �-�-•�,. Council meeting PIO 12179 - ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9320. 13 RESTRICTING THE HEIGHT OF CARPORTS AND GARAGES 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 9320. 13 to read as follows : 9320.13. PARKING ASSIGNMENTS. Each dwelling unit shall have an assigned, covered, parking space within two hundred (200) feet walking distance of such dwelling unit . If off-street parking facilities are detached from the unit, each unit shall be assigned a parking space and such space shall be so designated on a plot plan. Any detached garage or carport con- structed along a property line shall conform to the following re- quirements : ( a) The wall located along the property line shall be con- structed of maintenance-free solid masonry material ; (b) No portion of the structure or architectural features shall project over any property line ; ( c) The zero rear and interior side yard setbacks shall not be permitted adjacent to a public right-of-way; ( d) Finished grade of the development at the common property line shall not exceed finished grade on abutting property by more than one (1 ) foot in height; and ( e) In no case shall the height of the garages or carports exceed nine (9) feet when measured from finished grade on the abutting property. SECTION 2. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the /ahb 8/24/82 >:91" ' day of 1982• Mayor ATTEST : APPROVED AS TO FORM: City Clerk City Atto ey REVIEWED AND APPROVED : INITIATED AND APPROVED: City Administrato irector of ev lopment Services { 4 i -.. 2.