HomeMy WebLinkAboutMinor Word Deletions and Substitutions in the HBOC - Code Am e5h
IN THE
s� �
Superior Court APPROVED By
OF THE
STATE OF CALIFORNIA
In and for the County of Orange
CITY
CITY* OF HUNTINGTON BEACH9....CITY.
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PROOF OF PUBLICATION
C.LERK......................................................... ........... ............
Pub I is Hearing NO ...8.1.-.14..............
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State of California lSs.
County of Orange I
Jeannie L. Thomas
............................................ ..................... ......................... NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO.81-14
That I am and at all times herein mentioned was a citizen of the NOTICE IS HEREBY GIVEN that atiie hearing will be held by the City
United States,over the age of twenty-one years,and that I am not a 'il of the City of Huntington Beach,
in the Council Chamber the Civic Cen-
party to;nor interested in the above entitled matter;that I am the ter,Huntington Beach,at the hour of 7:30
principal clerk of the printer of the P.M.,or as soon thereafter es possible on
Monday the 16th day of November,1981
for the purpose of considering Code
H u n t i n g t.on Beach Ind. Review Amendment.No.81-14 amending the foi-
..............l.................................................. lowing Articles of the-Huntington Reach
a newspaper of general circulation,published in the City of Ordinance Cole 931,936,938,940,951,,
9M,963,973.This code amendment will
amend the requirements pertaining to
H.01h.t 1 MOA-Q n--j -e A-0................................. setbacks in relation to properties de.
veloped with single family residential,but
not zo.ned,or general planned residential.
County of Orange and which newspaper is published for the dis- A copy of this code amendment is on
semination of local news and intelligence of a general character, File in the Department of Development
and which newspaper at all times herein mentioned had and still Services.
All interested persons are invited to
has a bona fide subscription list of paying subscribers,and which attend said hearing and express their'
newspaper has been established,printed and published at regular opinions for or against said code amend-
ment. Further information may be'ob_
intervals in the said County of Orange for a period exceeding one twined from the Office of the..City Clerk,
year; that the notice,of which the annexed is a printed copy,has 2000 Main Street, Huntington '136A,
California 92648-(714)536-5227.
been published in the regular and entire issue of said newspaper, DATED October 26,1981,
and not in any supplement thereof,on the following dates,to wit: CITY OF HUNTINGTON BEACH
By ALICIA M.WENTWORTH,
City Clerk
kox.e.m.b.e.r...59...1981.. Pub.Nov:5.I....... ...........................'..... Hunt.Hunt.Beach Ind.Rev.#11508
................................................... ..............
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I certify(or declare runder penalty of perjury that the foregoing is
true and correct.
Dated at, r4en..Q r.Q K R.............................
California,this..5 th..;day of Nov. lg* 81
.... ......
Signature
Ap
Form No.CAF-51 377
4
REQUES i FOR CITY COUNCIL -ACTION
Date November 16, 1981
Submitted to: Honorable Mayor and City Council
Submitted by: . Charles W. Thompson, City. Administrat
Prepared by: James W. Pal.in, Director, Development Services o 0
Subject: . CODE AMENDMENT NO. 81-14, "MINOR WORD DELETIONS AND
SUBSTITUTIONS"
Statement of Issue, Recommendation,-Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Transmitted for your consideration is Code Amendment No. 81-14.
If approved by the City Council, this .amendment will amend seven
sections of the Ordinance Code by removing the words "used" and
"master planned The word "general planned" is being substi-
tuted for "master planned" to provide consistencyithroughout the;
Ordinance Code. The word "used" is being removed to eliminate
unnecessary setback requirements within the low density and medium
density planned development sections of the .Ordinance Code.
RECOMMENDATION: ----___
The Planning Commission and Planning staff recommend that the
City Council approve Code Amendment No. 81-14 and adopt the
attached ordinance..
ANALYSIS:
!_ Applicant: City of Huntington Beach
Location: City-wide
Request: To clarify seven sections of the Huntington Beach
Ordinance Code by removing the word "used" and sub-
stituting the word'"'general planned" for "master
planned".. .
Planning Commission Action on October 20, 1981:
On motion by Kenefick and second by Schumacher, Code Amendment
No. 81-14 was approved for recommendation to the City Council
for adoption, by the following vote:
AYES: Bannister, Kenefick, Paone, Porter, Schumacher, Mahaffey
NOES: None
ABSENT: Winchell
ABSTAIN: None
Pio 4/a1
Code Amendment No. 81-14
November 16, 1981
Page 2
Discussion-
Code Amendment No. 81-14 is intended to clean up seven sections
of the Ordinance Code. The first two . sections of this amendment
remove the word "used" from setback requirements for the .low
density .and medium density planned residential development or-
dinances . In these two sections, the code requires a greater
setback when a PRD is developed adjacent to property that is used
or master planned for low density residential development. The
intent of this section was to provide the additional setback if .
the property adjacent to the proposed project is zoned or general
planned for low density residential . It was not intended to require
a larger setback when the project is adjacent to property that is
nonconforming or where the use is not consistent with the existing
zoning. Therefore, the word "used" has been removed and "zoning"
and "general planned" have been inserted. This will eliminate
future problems in cases where there are older single family
residences on property that .is zoned or master planned for multi-
family residential and is adjacent to 'proposed planned residen-
tial development.
The five other sections of this amendment deal -with commercial,
industrial, and horse facilities adjacent to properties that
are zoned or master planned for residential . This section of
the amendment changes the wording from "master planned" to
"general planned" . These changes were made in order to provide
consistent language throughout the different sections 'of the
Ordinance Code.
Environmental Status:
Pursuant to Section 15100. 4 of the California Environmental
Quality Act, Code Amendment No. 81-14 is exempt from environmental
review.
FUNDING SOURCE:
Not applicable.
ALTERNATIVE ACTION:
The City Council may consider denying Code Amendment No. 81-14,
choosing to retain the wording found in Sections 9312. 5, 9362. 6,
9382. 7, 9513. 2, 9513 .3, 9633 and 9730. 25 of the Ordinance Code.
ATTACHMENTS:
1. Planning Commission Staff Report dated October 20, 1981
2. Ordinance
JWP: SMS:jlm
iuntington beach developmc. services department
sTA f
REPOR
TO: Planning Commission
FROM: Development Services
DATE: October 20, 1981
SUBJECT: CODE AMENDMENT NO. 81-14
Attached for the Commission' s consideration is Code Amendment No. 81-14.
This is a clean-up code amendment dealing with nine specific sections
of the Ordinance Code. The first two sections of this amendment re-
move the word "used" from setback requirements for the low density and
medium density planned residential development ordinances. In these.
two sections, the code requires a greater setback when a PRD is de-
veloped adjacent. to property that is used or master planned for low
density residential development. The intent of this section was to
provide the additional setback if the property adjacent to the proposed
project is zoned or general planned for low density residential . It
was not, intended to require a larger setback when the project is ad-
jacent to property that is nonconforming or where the use is not con-
sistent with the existing zoning. Therefore, the word "used" has been
removed and "zoning" and "general planned" have been inserted. This
will eliminate future problems in cases where there are older single
family residences on property that is zoned or master planned for multi-
family residential and is adjacent to a proposed planned residential
development.
The other seven sections of this amendment deal with commercial, in-
dustrial and horse facilities adjacent to properties that are zoned
or master planned for residential. This section of the amendment
changes the wording from "master planned" to "general planned" . These
changes were made in order to provide consistent language throughout
the different sections of the Ordinance Code.
The staff will be prepared to discuss this amendment with the Commission
at the .October 20, 1981 .meeting.
ENVIRONMENTAL STATUS:
Pursuant to Section 15100. 3 of the California Environmental Quality
Act, Code Amendment No. 81-14 is exempt from environmental review..
RECOMMENDATION•
The staff is recommending that the Planning Commission approve Code .
Amendment No. 81-14 and recommend to the City Council the adoption
A-F M'-23 B
4
Code Amendment 81-14
October 20, .1981
Page 2
of the attached ordinance.
ATTACHMENTS•
1 . Code Amendment No. 81-14
2. Ordinance
SB: jlm
Publish 11-5-81
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO. 81-14
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 7:36 P.M. , or as soon thereafter as:.
possible on Monday the. 16th day of November 1981
for the purpose of considering Code Amendment No. 81-14 amending the. following
Articles of the.Huntington Beach Ordinance Code 931 , 936, 9389 040, 951 , 953, 963,
973. This code amendment will .amend ,the requirements pertaining to setbacks in
relation to properties developed with single family residential , but not zoned
or general planned residential .
A copy of this code amendment is on file in the Department of :Development Services.
All* interes-ted persons are invited to attend said hearing and express their
opinions for or against said Code amendment
Fdrther.information may be obtained from the Office of the. City Clerk, 2000 Mafn
Street, Huntington Beach, California. 92648 - (714) 536-.5227
DATED October 26, 1981 CITY OF HUNTINGTON BEACH
By: Alicia M. Wentworth
City Clerk
i
i
NOTICE, TO CLERK TO SCHEDULE PUBLIC HEARING
ITEM
TO: CITY CLERK'S OFFICE DATE:
FROM: —2 L a _ roeC--s.
PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE
11^ DAY OF /YUd� �r 1s I
AP,is are attached
AP's will follow
No AP's.
4
Initiated by: .
Planning Commission
Planning Department
Petition
* Appeal
Other
Adoption of Environmental Status (x)
YES NO
Refer to // ���/ , Planning Department — Extension #
for additional information. '
If appeal, please transmit. exact wording to :be required in the legal.
IN'1'HF.
Superior Court
nFTHR
STATE OF(W AFORNIA
In and for the County of Oranize
CITY OF HUNTINGTON BEACH+ _ PROOF OF PUBLICATION
PLANNING
Public Hearing
rn
County of Ornn'ge
Jeannie L. -Thomas NOTICE OevuswCHEAR*(;
CODE AMENDMENT NO.81.14
NOTICE IS HEREBY GIVEN that a.
hlic hearing will•be held.hy the.Ciiy tL11.
That 1 am and stall times herein mention' Pd wa9.a citizen of of the City.`of
the United States,over the age of twenty-one:year9,and that 1 Huntingtan Beach. California. for theof
am niit a party to,nor interested in the aluive entitled matter; KpuTOI 14amndingnngg foil
• No.81•Namenditg,tltefollow�m�Artickb'
that 1 am the principal clerk of the printer of the ;'of.'the. Huntirgton:..Beach Ordineaa
Code:911;9�t3,8 8 930:951,95 t:96 .,
Huntington, Beach Inde Review the:971 This oad11ti wtment.to emend_
the.requirementa pertainityt to setbacks
�_ in.relation'to�pro pMiesdevelopedwith
a newspaper of general circii1ation,published in the City of single family,residential.Ixtt sot sorted or
generel'plan' residential:A eapy O this',
H tin t in8 t On Beach code amendment is on file in the Depart.
ment.of Development Servicta - .;
Said hearing will be held at the houi '� �98r
County of.Orange and.which newspaper is' published for the of 7j0p•m••an e
Council•Chambers Building of the Civic
disemination of local news-and intelligence of a general chnrac Center,.2t700 Main Street,•Huntington
ter, and which newspaper at all times herein mentioned hart Beach Calitnmie
and.still has a hone Gde subscription,list of paying subscribers, All interested persons are mvit d to
attend said hearing and etprwe their
and which newspaper has been established; printed and puh- Opinions for or agaioat the proposed Code
lished at regular intervals in the.said County of Orange for a AmendmentNo.814U.
period:exceeding one year; that the notice, of which the Further iatormning may obtained
troen the City Planning Department.'.'.
annexed is a printed copy, has been published in the regular 'Telephone No.,(714).536-5271. ' •'.'
and entire issue of said newspaper,and not in any supplement CITY W ANNINGCOMM[SSION`
thereof,(in the following datea,to wit: a ;ByJAMES W.PAWN . -`j a 1 w
Secretary .4.11,10
October 10n 1981 'Pub.Oct.10,1991.
Hunt Beach ind.Rev.tt11131'
I eertifv (air declare) under penalty of perjury that the forego-
ing is(rue aril correct.
Datedet...Garden...G.ro.de..........
('alifornia,this Z?th.dayof
J ,inn e...!.o• V.h ota s.......................
Signature
Fwm No CAF•6579
Code Amendment No. 81-14
1 May be. generally referred, to as.:
"Minor word changes including deletion
2 of the word ' used ' and substituting the phrase, .
r -r - -Ageneral :planned ' for 'master planned '.. "
3
That the following changes are proposed for the Huntington. Beach
4 ' Ordinance. Code: The intent being to provide consistency in lake
provisions throughout the Code.
5
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6
REPEALED: (None)
7 ---------------------------------------------------`--
RENUMBERED: (None)
8
9 AMENDED:
to
11 S. 9312. 5 Setback, . Interior . Property Line... Buildings Thirty Feet
12 High or Less. The. minimum 'setback .for. all .buildings thirty (30)
t..
13 feet or. 'less in height other than garages, shall not be less than
14 ten (10)_ feet.
15 Such setback shall be increased at the rate . of one (1) foot for
16 each two and one-half (2%) feet for which the. length . of the build-
17 ing exceeds twenty-five. (25) feet when such building is adjoining
18 property zoned or genetat
19 planned .how density ruidentiat.
20 S. 9362. 6 Setback from Interior Property Line. _ Buildings Over
21 Thirty Feet in Height, The minimum setback for buildings exceeding
.22 thrity (30) feet in height shall not be less than ten (10) feet
23 except where the project is constructed on property which has a
24 common property ..line with property zoned or used=fer-single-family
25 residential-de eleflme t, genenat planned tow den.6ity ne.5 i.dentiat,
26 in which case this ten (10) feet, setback 'shall be increased as
.27 follows
28 S. 9382. 7 Development Standards. Yard Requirements. All struc-
1 tures including but not limited to stalls, corrals, barns, and
2 maintenance enclosures except fences for .pasture, grazing areas,
3 riding arenas and watchman' s quarters, shall maintain a minimum
4 distance of three hundred (300) feet from any property that is
5 zoned aid-caste -planned-few-yes}dentlal-user M genehal planned '
�. teziden-tiat.
7 S. 9513. 2 Interior Side Yard.
8 (a) The minimum .interior side yard shall be fifteen (15) feet,
9 except that the interior side yard setback may be reduced
10 to zero on one side of the lot provided that:
11 (1) The wall constructed at the zero setback shall be of
12 maintenance-free masonry material
13 (2) The opposite side yard is increased to thirty (30)
14 feet.
15 In the event that two contiguous ;property owners desire to
16 construct buildings using zero side yard setbacks, utilizing '
17 a common driveway. for ingress and egress to the rear of
18 both properties, said opposite side yard. may be reduced to
19 fifteen (15) feet provided easements are obtained and re-
20 corded insuring a thirty (30) foot minimum separation be-
21 tween the two buildings for ingress and egress to the rear
22 of the property. This, thirty (30) foot. accessway shall be
23 maintained free of obstruction skyward and with no openings
24 that, would facilitate any loading or unloading, in any
25 portion of the buildings which front on the easement.
26 (b) Where an interior side yard abuts property zoned and-raster
27 plaeeeG1-fer--resident}al-use on genetal planned n ai dential,
28 the minimum required side yard shall be not less than forty-
1 five (45) feet.
2 S. 9513 .3 Rear Yard. There shall be no minimum rear yard re-
3 quirement except where an MI-A lot or parcel abuts property zoned
4 or..x�aste -g�aened- a -yes}de ial-ese genenat planned nezidentiat,
5 then a minimum rear yard of forty-five (45) feet shall be re-
G quired.
7 S. 9633 Yard Requirements. The yard requirements shall pertain
8 to. all structures that .relate to equines including but not limi-
ted to stalls, corrals. arenas and fly-tight manure bins, except
10 pastures or grazing areas. All such structures shall maintain a
11 minimum distance of one hundred (100) feet from any dwelling unit
12 other than a unit on subject property that is used for human
13 habitation.
14 All yard requirements shall be measured from the ultimate right- .
15 of-way line. .
16 The following setback requirements shall apply:
17 (a) Front.. The front yard setback shall be a minimum of fifty
18 (50) feet.
19 (b) Interior Side. The interior side yard setback shall be a
20. minimum of twenty-five (25) feet, except that the interior
21 side yard setback shall be a minimum of fifty (50) feet for
22 one equine and one hundred (100) feet for two or more equines
23 from any property line that is coterminous with property
24 that isesdestia�ly-user-er- aste -p�asned-few- esis�en-
25 t}al-use, -zoned on genenat pta.nned ,LezidentiaZ.
26 (c) Exterior Side. The exterior side yard setback shall ,be a
27 minimum of fifty (50) feet.
28 (d) Rear. The rear yard setback shall be a minimum of twenty-
1. five .(25) feet, except the rear yard setback shall be a
2 minimum of fifty (50) feet for one equine, one hundred (100)
3 feet for two or more equines from any property line -that is
4 coterminous with property that isesdet}ally-aenedT- esi-
5 zoned
6. ok genvLat planned &uidentiat , (2166-2/77)
7 S. 9730. 25 Walls, Professional, Commercial, and' Industrial Uses.
8 Any. property used for professional, commercial or industrial
9 purposes having a common. property line with property zoned or
10 used-few- esi a t}a}-p penes genekat planned te.6identiat shall.
11 be, 'Separated by a . solid, six (6) inch thick masonry or concrete
12 block wall.
13 (a) Height Limitation. The height of such walls shall be a
14 minimum of six (6) feet. Any proposal to exceed this
15 height shall require administrative review by the Board of
16 Zoning Adjustments .
17 (b) Easement Separation. When such properties are separated .by
18 any easement or right-of-way less than fifty (50) .feet in
19 width, a wall shall. be constructed on the commercial, indus-
20 trial, or professional side of such easement or right-- of
21 way.
22 (c) Materials and Design. Where a wall is exposed to a public
23 area, particular attention shall be given to materials and
24 design of such wall, and such materials and design shall be
25 reviewed by the Board of Zoning Adjustments.
26 (d) Height Measurement. The height of said wall shall be such
27 that the top will be six (6) feet above the highest ground
28 surface that- is- within twenty (20) feet .of a common property
a
1 line on the professional, commercial, or industrial side of
2 said wall.
3 Measurement shall be taken at any given point along said.
4 wall.
5 (e) Yard Requirement. All walls shall conform to the yard re-
6 quirements pertaining to fences, walls, and. hedges of the
7 residential district which'.said professional, commercial, or
8 •industrial use abuts and the provisions of Section 9786.
. 9 (f) Existing Walls.. When such walls .are already located on the
10 residential side of the common property line, physical pro-
11 tection from vehicle damage shall be provided on the commer-
12 cial, industrial, or professional side of said walls by one
13 or more of the following methods:
14 (1) Pipe protectors.
15 (2) Wheel bumpers .
16 (3) concrete curbs.
17 (4) Any other design or method acceptable to the Building
. 18 Bepartment D.i..vi.6ion o6 the Depahtment ob Devetopmen:-t
19 Senvice.6 which will provide protection.
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